preamble attached >>>
ADs updated daily at www.Tdata.com
2010-06-51 THE BOEING COMPANY:
Amendment 39-16250. Docket No. FAA-2010-0230; Directorate Identifier 2010-NM-071-AD. 
EFFECTIVE DATE

(a) This AD becomes effective April  7, 2010, to all persons except  those
    persons to  whom it  was made  immediately effective  by emergency  AD
    2010-06-51,  issued   on   March  12,   2010,   which  contained   the
    requirements of this amendment.

AFFECTED ADS

(b) None.

APPLICABILITY

(c) This AD applies to all  The Boeing Company Model 737-600, -700, -700C,
    -800, -900, and -900ER series airplanes; certificated in any category.

SUBJECT

(d) Air Transport Association (ATA) of America Code 27: Flight controls.

UNSAFE CONDITION

(e) This AD results from a report of failure of the aft attach lugs on the
    left elevator tab control mechanism, which resulted in severe elevator
    vibration. The Federal Aviation  Administration is issuing this  AD to
    detect and correct a loose bearing in the aft lug of the elevator  tab
    control mechanism,  which could  result in  unwanted elevator  and tab
    vibration.  The  consequent  structural  failure  of  the  elevator or
    horizontal stabilizer  could result  in loss  of aircraft  control and
    structural integrity.

COMPLIANCE

(f) You  are responsible  for  having the  actions  required  by  this  AD
    performed within  the compliance  times specified,  unless the actions
    have already been done.

INSPECTION AND CORRECTIVE ACTION

(g) For Groups 1, 2, and 3; and Group 4, Configuration 2; as identified in
    Boeing Alert Service  Bulletin 737-27A1296, dated  March 12, 2010:  At
    the applicable time specified  in paragraph 1.E. Compliance  of Boeing
    Alert Service Bulletin  737-27A1296, dated March  12, 2010, except  as
    required by paragraph (i) of this AD, do a detailed inspection of  the
    inboard and outboard  aft attach lugs  of the left  and right elevator
    control tab  mechanisms for  gaps between  the swage  ring and the aft
    attach lug, and between the spacer and the aft attach lug; and try  to
    move or rotate the spacer using hand pressure, in accordance with  the
    Accomplishment  Instructions  of  Boeing  Alert  Service  Bulletin 737
    -27A1296, dated March 12, 2010.

(h) If, during accomplishment of the actions required by paragraph (g)  of
    this AD, any gap  is found between the  swage ring and the  aft attach
    lug, or between the  spacer and the aft  attach lug; or if  the spacer
    moves or rotates:  Before further flight,  do the actions  required by
    paragraphs  (h)(1)  and (h)(2)  of  this AD,  in  accordance with  the
    Accomplishment  Instructions  of  Boeing  Alert  Service  Bulletin 737
    -27A1296, dated March 12, 2010.

(1) Inspect   the  replacement   elevator  tab   control   mechanism   for
    discrepancies, as specified  in paragraph (g)  of this AD;  and, if no
    discrepancy is  found, install  the replacement  elevator tab  control
    mechanism.

(2) Re-inspect the installed  elevator tab control mechanism,  as required
    by paragraph (g) of this AD.

EXCEPTION TO SERVICE BULLETIN SPECIFICATIONS

(i) Where Boeing Alert Service Bulletin 737-27A1296, dated March 12, 2010,
    specifies a compliance  time after the  date of the  original issue of
    the service bulletin, this AD requires compliance within the specified
    compliance time after the effective date of this AD.

INSPECTION DONE ACCORDING TO MULTI OPERATOR MESSAGE (MOM)

(j) An inspection done before the  effective date of this AD according  to
    Boeing Multi Operator Message Number MOM-MOM-10-0159-01B, dated  March
    10,  2010,   is  considered   acceptable  for   compliance  with   the
    corresponding inspection specified in paragraph (g) of this AD.

REPORTING

(k) At the applicable time specified in paragraph (k)(1) or (k)(2) of this
    AD: Submit a  report of the  findings (both positive  and negative) of
    the  inspections  required  by  paragraph (g)  of  this  AD  to Boeing
    Commercial  Airplanes Group,  Attention: Manager,  Airline Support,  e
    -mail: rse.boecom@boeing.com. The  report must include  the inspection
    results  including  a  description  of  any  discrepancies  found, the
    airplane line number, and the number of flight cycles and flight hours
    accumulated on  the airplane.  Under the  provisions of  the Paperwork
    Reduction Act (44 U.S.C. 3501  et seq.), the Office of  Management and
    Budget  (OMB)  has approved  the  information collection  requirements
    contained in this AD and has assigned OMB Control Number 2120-0056.

(1) If the inspection was done on or after the effective date of this  AD:
    Submit the report within 10 days after the inspection.

(2) If  the inspection  was done  before the  effective date  of this  AD:
    Submit the report within 10 days after the effective date of this AD.

PARTS INSTALLATION

(l) For all airplanes: As of the effective date of this AD, no person  may
    install an elevator tab control mechanism, part number 251A2430-(   ),
    on any airplane, unless the  mechanism has been inspected  before  and
    after installation, in accordance  with the requirements of  paragraph
    (g) of this AD, and no discrepancies have been found.

SPECIAL FLIGHT PERMIT

(m) Special  flight permits,  as described  in Section  21.197 and Section
    21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199),
    are not allowed.

ALTERNATIVE METHODS OF COMPLIANCE (AMOCS)

(n)(1) The Manager, Seattle Aircraft Certification Office (ACO), FAA,  has
       the authority to approve AMOCs for this AD, if requested using  the
       procedures found in 14 CFR  39.19. Send information to ATTN:  Kelly
       McGuckin,  Aerospace Engineer,  Systems and  Equipment Branch,  ANM
       -130S, FAA, Seattle ACO, 1601 Lind Avenue, SW., Renton,  Washington
       98057-3356; telephone  425-917-6490; fax  425-917-6590. Information
       may be e-mailed to 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.

(2) To request a different method of compliance or a different  compliance
    time for this AD, follow the procedures in 14 CFR 39.19. Before  using
    any approved AMOC  on any airplane  to which the  AMOC applies, notify
    your  principal  maintenance  inspector  (PMI)  or  principal avionics
    inspector (PAI),  as appropriate,  or lacking  a principal  inspector,
    your local Flight Standards District Office. The AMOC approval  letter
    must specifically refer to this AD.

(3) An AMOC that  provides an acceptable level  of safety may be  used for
    any  repair  required by  this  AD if  it  is approved  by  the Boeing
    Commercial Airplanes Organization Designation Authorization (ODA) that
    has  been  authorized  by  the Manager,  Seattle  ACO,  to  make those
    findings. For a repair method to be approved, the repair must meet the
    certification  basis   of  the   airplane,  and   the  approval   must
    specifically refer to this AD.

MATERIAL INCORPORATED BY REFERENCE

(o) You must  use Boeing Alert  Service Bulletin 737-27A1296,  dated March
    12,  2010,  to do  the  actions required  by  this AD,  unless  the AD
    specifies otherwise.

(1) The  Director of  the Federal  Register approved  the incorporation by
    reference of this service information under 5 U.S.C. 552(a) and 1  CFR
    part 51.

(2) For  service  information  identified  in  this  AD,   contact  Boeing
    Commercial Airplanes, Attention: Data & Services Management, P.O.  Box
    3707,  MC  2H-65, Seattle,  Washington  98124-2207; telephone  206-544
    -5000,  extension  1; fax  206-766-5680;  e-mail me.boecom@boeing.com;
    Internet https://www.myboeingfleet.com.

(3) You may review copies of the service information at the FAA, Transport
    Airplane Directorate, 1601 Lind  Avenue, SW., Renton, Washington.  For
    information on the availability of this material at the FAA, call  425
    -227-1221.

(4) You  may  also  review copies  of  the  service  information  that  is
    incorporated  by  reference  at  the  National  Archives  and  Records
    Administration (NARA).  For information  on the  availability of  this
    material at NARA, call 202-741-6030, or go to
    http://www.archives.gov/federal_register/code_of_federal_regulations/i
    br_locations.html.

Issued in  Renton, Washington,  on March  18, 2010.  Ali Bahrami, Manager,
Transport Airplane Directorate, Aircraft Certification Service.

FOR  FURTHER  INFORMATION  CONTACT:  Kelly  McGuckin,  Aerospace Engineer,
Systems  and  Equipment  Branch, ANM-130S,  FAA,  Seattle  ACO, 1601  Lind
Avenue, SW., Renton, Washington 98057-3356; telephone (425) 917-6490;  fax
(425) 917-6590.
PREAMBLE 

AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT).

ACTION: Final rule; request for comments.

SUMMARY: This document publishes in the Federal Register an amendment adopting airworthiness directive (AD) 2010-06-51 that was sent previously to all known U.S. owners and operators of The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes by individual notices. This AD requires doing a detailed inspection of the inboard and outboard aft attach lugs of the left and right elevator control tab mechanisms for gaps between the swage ring and the aft attach lug, and between the spacer and the aft attach lug; trying to move or rotate the spacer using hand pressure; and replacing any discrepant elevator tab control mechanism, including performing the detailed inspection on the replacement part before and after installation. This AD is prompted by a report of failure of the aft attach lugs on the left elevator tab control mechanism, which resulted in severe elevator vibration. We are issuing this AD to detect and correct a loose bearing in the aft lug of the elevator tab control mechanism, which could result in unwanted elevator and tab vibration. The consequent structural failure of the elevator or horizontal stabilizer could result in loss of aircraft control and structural integrity.

DATES: This AD becomes effective April 7, 2010 to all persons except those persons to whom it was made immediately effective by emergency AD 2010-06-51, issued March 12, 2010, which contained the requirements of this amendment.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of April 7, 2010.

We must receive comments on this AD by May 17, 2010.

ADDRESSES: You may send comments by any of the following methods:

Federal eRulemaking Portal: Go to http:// www.regulations.gov. Follow the instructions for submitting comments.

Fax: 202-493-2251.

Mail: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590.

Hand Delivery: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-544-5000, extension 1; fax 206-766-5680; e-mail me.boecom@boeing.com; Internet https://www.myboeingfleet.com.

Examining the AD Docket

You may examine the AD docket on the Internet at http:// www.regulations.gov; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Kelly McGuckin, Aerospace Engineer, Systems and Equipment Branch, ANM-130S, FAA, Seattle ACO, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 917-6490; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: On March 12, 2010, we issued emergency AD 2010-06-51, which applies to all The Boeing Company Model 737-600, - 700, -700C, -800, -900, and -900ER series airplanes.

Background

The FAA received a report of failure of the aft attach lugs on the left elevator tab control mechanism, which resulted in severe elevator vibration. The flightcrew diverted from the intended route and made an uneventful landing. Subsequent investigation revealed extensive damage to the elevator tab control system. Severe vibration in this attach point is suspected of allowing rapid wear of the joint, and resulted in failure of the attach lugs. This condition, if not corrected, could result in a loss of aircraft control and structural integrity.

Relevant Service Information

We have reviewed Boeing Alert Service Bulletin 737-27A1296, dated March 12, 2010. The service bulletin describes procedures for a detailed inspection to detect discrepancies of the inboard and outboard aft attach lugs of the elevator tab control mechanism. Discrepancies include movement or rotation of the spacer, and gaps between the swage ring and the aft attach lug or between the spacer and the aft attach lug. The service bulletin describes procedures for replacing any discrepant elevator tab control mechanism, including performing the detailed inspection on the replacement part before and after installation. For certain airplanes, the compliance time for the inspection is 12 or 30 days, depending on airplane line number, total accumulated flight cycles, and approval for operation under extended twin operations (ETOPS).

FAA's Determination and Requirements of This AD

Since the unsafe condition described is likely to exist or develop on other airplanes of the same type design, we issued emergency AD 2010-06-51 to detect and correct a loose bearing in the aft lug of the elevator tab control mechanism, which could result in unwanted elevator and tab vibration. The consequent structural failure of the elevator or horizontal stabilizer could result in loss of aircraft control and structural integrity. The AD requires accomplishing the actions specified in the service information previously described, except as described in "Differences Between this AD and the Service Bulletin.'' This AD also requires reporting the inspection results to Boeing.

We found that immediate corrective action was required; therefore, notice and opportunity for prior public comment thereon were impracticable and contrary to the public interest, and good cause existed to make the AD effective immediately by individual notices issued on March 12, 2010, to all known U.S. owners and operators of The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. These conditions still exist, and the AD is hereby published in the Federal Register as an amendment to section 39.13 of the Federal Aviation Regulations (14 CFR 39.13) to make it effective to all persons.

Differences Between This AD and the Service Bulletin

The effectivity of Boeing Alert Service Bulletin 737-27A1296, dated March 12, 2010, includes all Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. The inspection requirements of this AD, however, affect only those airplanes subject to a short compliance time (within 12 or 30 days). Because the suspect components may be installed as replacements on all airplanes subject to this AD, paragraph (l) of this AD requires that the part be inspected before and after installation. We may consider superseding this AD to apply the inspection requirements to the remaining airplanes, which would be subject to a longer compliance time that would allow enough time to provide notice and opportunity for prior public comment on the merits of the inspection for these airplanes.

Interim Action

This AD is considered to be interim action. The inspection reports that are required by this AD will enable the manufacturer to obtain better insight into the nature, cause, and extent of the issue, and eventually to develop final action to address the unsafe condition. Once final action has been identified, we might consider further rulemaking.

Comments Invited

This AD is a final rule that involves requirements affecting flight safety, and we did not provide you with notice and an opportunity to provide your comments before it becomes effective. However, we invite you to send any written data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include "Docket No. FAA-2010-0230; Directorate Identifier 2010-NM-071-AD'' at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments.

We will post all comments we receive, without change, to http:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD.

Authority for This Rulemaking

Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority.

We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, "General requirements.'' Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.

Regulatory Findings

We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

The 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 this emergency regulation is later deemed significant under DOT Regulatory Policies and Procedures, we will prepare a final regulatory evaluation and place it in the AD Docket. See the ADDRESSES section for a location to examine the regulatory evaluation, if filed.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.

Adoption of the Amendment

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

1. The authority citation for part 39 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec. 39.13 [Amended]

2. The FAA amends Sec. 39.13 by adding the following new airworthiness directive (AD):