AD 98-03-09

Active

Ailerons

Key Information
98-03-09
Active
February 17, 1998
Not specified
98-NM-09-AD
39-10301
Applicability
["Aircraft"]
["Large Airplane"]
The Boeing Company
737-100 Series 737-200 Series 737-300 Series 737-400 Series 737-500 Series
Summary

This amendment supersedes an existing airworthiness directive (AD), applicable to all Boeing Model 737-100, -200, -300, -400, and -500 series airplanes, that currently requires a one-time inspection to determine if certain ailerons are installed on the airplane. That amendment also requires removing any defective aileron, and replacing it with a new or serviceable aileron. This amendment continues to require those actions and limits the applicability of the rule. This amendment is prompted by additional information that specifies the identification of certain part numbers. The actions specified in this AD are intended to detect and correct defective ailerons, which could result in in-flight separation of an aileron from the airplane and consequent reduced controllability of the airplane.

Action Required

Final rule; request for comments.

Regulatory Text

98-03-09 BOEING: Amendment 39-10301. Docket 98-NM-09-AD. Supersedes AD 97-26-04, Amendment 39-10247. \n\n\tApplicability: All Model 737-100, -200, -300, -400, and -500 series airplanes, certificated in any category. \n\n\tNOTE 1: This AD applies to each airplane identified in the preceding applicability provision, regardless of whether it has been modified, altered, or repaired in the area subject to the requirements of this AD. For airplanes that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/operator must request approval for an alternative method of compliance in accordance with paragraph (d) of this AD. The request should include an assessment of the effect of the modification, alteration, or repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not been eliminated, the request should include specific proposed actions to address it.\n\n\tCompliance: Required as indicated,unless accomplished previously. \n\n\tTo detect and correct defective ailerons installed on the airplane, which could result in in- flight separation of an aileron from the airplane and consequent reduced controllability of the airplane, accomplish the following: \n\n\tNOTE 2: The requirements of this AD specify and clarify the identification of certain defective ailerons and restate the requirements of AD 97-26-04, amendment 39-10247. As allowed by the phrase, "unless accomplished previously," if those requirements of AD 97-26-04 have already been accomplished, this AD does not require that those actions be repeated.\n\n\t(a)\tWithin 60 days after the effective date of this AD, perform a one-time visual inspection to determine if any aileron having any of the following serial numbers and correlating part numbers is installed on the airplane: \n\n\nAffected Serial Numbers\nCorrelating Part Numbers \nBN23\n65-46454-22 \nBN49\n65-46454-23 \nBN56\n65-46454-24 \nBN59\n65-46454-24A\nBN167\n65-46454-24 \nBN180\n65-46454-23 \nBN206\n65-46454-2 \nBN236\n65-46454-24 \n162\n65-46454-24 \n237\n65-46454-24 \n\n\t(b)\tIf any aileron is found with an affected serial number and correlating part number identified in paragraph (a) of this AD, accomplish paragraphs (b)(1) and (b)(2) of this AD.\n\t\t(1)\tPrior to further flight, remove the defective aileron, and replace it with a new or serviceable aileron. And \n\n\t\t(2)\tWithin 10 days after accomplishing the inspection required by paragraph (a) of this AD, submit a report of any findings of ailerons specified in paragraph (a) of this AD to the Manager, FAA, Transport Airplane Directorate, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 227-2028; fax (425) 227-1181. Information collection requirements contained in this regulation have been approved by the Office of Management and Budget (OMB) under the provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.) and have been assigned OMB Control Number 2120-0056.\n\n\t(c)\tAs of the effective date of this AD, no person shall install on any airplane an aileron having any serial number and correlating part number identified in paragraph (a) of this AD. \n\n\t(d)\tAn alternative method of compliance or adjustment of the compliance time that provides an acceptable level of safety may be used if approved by the Manager, Seattle ACO. Operators shall submit their requests through an appropriate FAA Principal Maintenance Inspector, who may add comments and then send it to the Manager, Seattle ACO. \n\tNOTE 3: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Seattle ACO. \n\n\t(e)\tSpecial flight permits may be issued in accordance with sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to a location where the requirements of this AD can be accomplished. \n\n\t(f)\tThis amendment becomes effective on February 17, 1998.

Supplementary Information

On December 9, 1997, the FAA issued AD 97-26-04, amendment 39-10247 (62 FR 65600, December 15, 1997), applicable to all Boeing Model 737-100, -200, -300, -400, and -500 series airplanes. That AD requires a one-time inspection to determine if certain ailerons are installed on the airplane. That AD also requires removing any defective aileron, replacing it with a new or serviceable aileron, and submitting an inspection report to the FAA, if necessary. That action was prompted by reports of failure of the aileron due to an inappropriate repair procedure. The actions specified in that AD are intended to detect and correct defective ailerons, which could result in in-flight separation of an aileron from the airplane and consequent reduced controllability of the airplane. \n\nActions Since Issuance of Previous Rule \n\n\tSince the issuance of that AD, the FAA has received additional information that identifies correlating part numbers for the aileron serial numbers cited in AD 97-26-04. Specification of those correlating part numbers with the aileron serial numbers will enable operators to readily identify certain defective ailerons. Such defective ailerons could result in in-flight separation of an aileron from the airplane and consequent reduced controllability of the airplane. \n\nExplanation of Requirements of Rule \n\n\tSince an unsafe condition has been identified that is likely to exist or develop on other airplanes of the same type design, this AD supersedes AD 97-26-04 to continue to require a one- time visual inspection to determine if certain ailerons are installed on the airplane. This AD also continues to require removing any defective aileron, replacing it with a new or serviceable aileron, and submitting an inspection report to the FAA, if necessary. \n\nDetermination of Rule's Effective Date \n\n\tSince a situation exists that requires the immediate adoption of this regulation, it is found that notice and opportunity for prior public comment hereon are impracticable, and that good cause exists for making this amendment effective in less than 30 days. \n\nComments Invited \n\n\tAlthough this action is in the form of a final rule that involves requirements affecting flight safety and, thus, was not preceded by notice and an opportunity for public comment, comments are invited on this rule. Interested persons are invited to comment on this rule by submitting such written data, views, or arguments as they may desire. Communications shall identify the Rules Docket number and be submitted in triplicate to the address specified under the caption "ADDRESSES." All communications received on or before the closing date for comments will be considered, and this rule may be amended in light of the comments received. Factual information that supports the commenter's ideas and suggestions is extremely helpful in evaluating the effectiveness of the AD action and determining whether additional rulemaking action wouldbe needed. \n\n\tComments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the rule. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. A report that summarizes each FAA-public contact concerned with the substance of this AD will be filed in the Rules Docket. \n\n\tCommenters wishing the FAA to acknowledge receipt of their comments submitted in response to this rule must submit a self-addressed, stamped postcard on which the following statement is made: "Comments to Docket Number 98-NM-09-AD." The postcard will be date stamped and returned to the commenter. \n\nRegulatory Impact \n\n\tThe regulations adopted herein will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilitiesamong the various levels of government. Therefore, in accordance with Executive Order 12612, it is determined that this final rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. \n\n\tThe FAA has determined that this regulation is an emergency regulation that must be issued immediately to correct an unsafe condition in aircraft, and that it is not a "significant regulatory action" under Executive Order 12866. It has been determined further that this action involves an emergency regulation under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). If it is determined that this emergency regulation otherwise would be significant under DOT Regulatory Policies and Procedures, a final regulatory evaluation will be prepared and placed in the Rules Docket. A copy of it, if filed, may be obtained from the Rules Docket at the location provided under the caption "ADDRESSES." \n\nList of Subjects in 14 CFR Part 39Air transportation, Aircraft, Aviation safety, Safety. \n\nAdoption of the Amendment \n\n\tAccordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows:\n\n PART 39 - AIRWORTHINESS DIRECTIVES \n\n\t1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 (Amended) \n\t2. Section 39.13 is amended by removing amendment 39-10247 (62 FR 65600, December 15, 1997), and by adding a new airworthiness directive (AD), amendment 39-10301, to read as follows:

AD Assistant

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Contact Information

Greg Schneider or Nenita Odesa, Aerospace Engineers, Airframe Branch, ANM-120S, FAA, Transport Airplane Directorate, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 227-2028 or (425) 227-2557; fax (425) 227-1181.

References
(Federal Register: February 02, 1998 (Volume 63, Number 21))
--- - Part 39 (63 FR 5226 NO. 21 02/02/98)
(Page 5226)
FAA Documents