81_FR_14764 81 FR 14711 - Airworthiness Directives; The Boeing Company Airplanes

81 FR 14711 - Airworthiness Directives; The Boeing Company Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 53 (March 18, 2016)

Page Range14711-14716
FR Document2016-05842

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737-300, -400, and -500 series airplanes. This AD was prompted by reports of cracking at certain fastener locations in the window corners of the window belt area. This AD requires repetitive high frequency eddy current (HFEC) inspections for fatigue cracking in certain fastener locations in the window corners of the window belt area, and related investigative and corrective actions if necessary. This AD also provides an optional preventive modification that terminates the inspections at the modified location. We are issuing this AD to detect and correct fatigue cracking around fastener locations that could cause multiple window corner skin cracks, which could result in rapid decompression and loss of structural integrity of the airplane.

Federal Register, Volume 81 Issue 53 (Friday, March 18, 2016)
[Federal Register Volume 81, Number 53 (Friday, March 18, 2016)]
[Rules and Regulations]
[Pages 14711-14716]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05842]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-0495; Directorate Identifier 2014-NM-172-AD; 
Amendment 39-18435; AD 2016-06-04]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
The Boeing Company Model 737-300, -400, and -500 series airplanes. This 
AD was prompted by reports of cracking at certain fastener locations in 
the window corners of the window belt area. This AD requires repetitive 
high frequency eddy current (HFEC) inspections for fatigue cracking in 
certain fastener locations in the window corners of the window belt 
area, and related investigative and corrective actions if necessary. 
This AD also provides an optional preventive modification that 
terminates the inspections at the modified location. We are issuing 
this AD to detect and correct fatigue cracking around fastener 
locations that could cause multiple window corner skin cracks, which 
could result in rapid decompression and loss of structural integrity of 
the airplane.

DATES: This AD is effective April 22, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 22, 
2016.

ADDRESSES: For service information identified in this final rule, 
contact Boeing Commercial Airplanes, Attention: Data & Services 
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 
206-544-5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may view this referenced service information 
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., 
Renton, WA. For information on the availability of this material at the 
FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
0495.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
0495; 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 address for the Docket Office (phone: 800-647-
5527) is Docket Management Facility, U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Jennifer Tsakoumakis, Aerospace 
Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft 
Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 
90712-4137; phone: 562-627-5264; fax: 562-627-5210; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to certain The Boeing Company 
Model 737-300, -400, and -500 series airplanes. The NPRM published in 
the Federal Register on March 24, 2015 (80 FR 15523) (``the NPRM''). 
The NPRM was prompted by reports of cracking at certain fastener 
locations in the window corners of the window belt area. The NPRM 
proposed to require repetitive HFEC inspections for fatigue cracking in 
certain fastener locations in the window corners of the window belt 
area, and related investigative and corrective actions if necessary. We 
are issuing this AD to detect and correct fatigue cracking around 
fastener locations that could cause multiple window corner skin cracks, 
which could result in rapid decompression and loss of structural 
integrity of the airplane.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM and 
the FAA's response to each comment.

Request for Clarification of Location of the Twelve Fastener 
Inspections

    Southwest Airlines (SWA) requested that a correction be made to 
paragraph (g) of the proposed AD to clarify the areas for the 
inspection of the twelve fastener locations. SWA noted that paragraph 
(g) of the proposed AD stated to inspect locations ``at the upper 
forward and lower aft corners of each window between station (STA) 360 
and STA 540 and between STA 727 and STA 908.'' SWA stated that between 
STA 727 and STA 908, Boeing Alert Service Bulletin 737-53A1328, dated 
July 22, 2014, specifies the location as the lower forward and upper 
aft corners.
    We agree with the commenter for the reason provided. We have 
revised paragraph (g) of this AD to require an inspection of the twelve 
fastener locations at the upper forward and lower aft corners of each 
window between STA 360 and STA 540 and at the upper aft and lower 
forward corners of each window between STA 727 and STA 908.

Request for Clarification of the Intent of the Inspection Requirements 
in Paragraph (g) of the Proposed AD

    SWA requested that we clarify the intent of paragraph (g) of the 
proposed AD. SWA stated that paragraph (g) of the proposed AD states to 
accomplish the inspections at the times specified in tables 1 and 2 of 
paragraph 1.E.,

[[Page 14712]]

``Compliance,'' of Boeing Alert Service Bulletin 737-53A1328, dated 
July 22, 2014, and then repeat the inspections at the applicable times 
specified in tables 1 and 2 until ``the terminating action in paragraph 
(h) of this AD is accomplished,'' which is the optional preventive 
modification in Part 3 of the Accomplishment Instructions of Boeing 
Alert Service Bulletin 737-53A1328, dated July 22, 2014. SWA stated 
that, per note (b) in tables 1 and 2, accomplishment of the preventive 
modification in accordance with Boeing Alert Service Bulletin 737-
53A1328, dated July 22, 2014, is terminating action for both the 
initial and repeat inspections at the modified locations. SWA stated 
that paragraph (g) of the proposed AD does not mention the option to 
accomplish the actions specified in paragraph (h) of the proposed AD in 
lieu of the initial inspection specified in paragraph (g) of this AD; 
it only states to ``repeat the inspections . . . until the terminating 
action specified in paragraph (h) of this AD is done.'' SWA noted it is 
unclear if the intent of paragraph (g) of this AD is to require 
accomplishment of the Part 1 external surface HFEC inspections of the 
skin prior to accomplishing the Part 3 preventive modification 
instructions, or if the intent of paragraph (g) of the proposed AD is 
to provide the operator the option to accomplish paragraph (h) of the 
proposed AD (preventive modification) in lieu of accomplishing 
paragraph (g) of the proposed AD (inspections), since the Part 3 
modification instructions include open hole HFEC inspections of the 
skin.
    We agree to provide clarification. Paragraph (g) of this AD is not 
required at the time of accomplishment of the preventive modification 
specified in paragraph (h) of this AD. Paragraph (h) of this AD states 
that the preventive modification (including all applicable related 
investigative and corrective actions) terminates the inspections in 
paragraph (g) of this AD. This means all inspections (initial and 
repetitive) in paragraph (g) of this AD are not required if paragraph 
(h) of this AD is done. We have not changed this AD in this regard.

Request for Clarification of Existing Repairs

    SWA requested clarification about existing repairs that meet the 
requirements of note (a) in tables 1 and 2 of paragraph l.E., 
``Compliance,'' of Boeing Alert Service Bulletin 737-53A1328, dated 
July 22, 2014. SWA also requested to extend the note to apply to 
existing repairs that address damage other than cracking, provided that 
the repairs are evaluated and approved by Boeing via an FAA Form 8100-
9. In addition, SWA requested we clarify whether note (a) applies only 
to reinforcing repairs that encompass all twelve fastener locations at 
a window corner, or if note (a) also applies to existing non-
reinforcing oversize hole repairs.
    We partially agree with the commenter. We agree with adding a 
paragraph to this AD to provide credit for previously approved repairs 
to address cracking issues, because Boeing Organization Designation 
Authorization (ODA) approved repairs installed prior the effective date 
of this AD are acceptable for terminating the initial and repetitive 
inspections in the area under the repair. We disagree with allowing any 
other repair as an alternative method of compliance (AMOC) because 
other repairs may or may not address the cracking issue. However, 
operators may request approval of an AMOC for these repairs using the 
procedures specified in paragraph (l) of this AD.
    We have added new paragraph (g)(1) to this AD to specify that the 
inspections required by the introductory text of paragraph (g) of this 
AD may be terminated in areas with repairs installed prior to the 
effective date of this AD, provided the repairs are reinforcing and 
address the cracking issue addressed in this AD, and installation was 
approved by the Boeing Commercial Airplanes ODA via FAA Form 8100-9.

Request for Clarification of the Termination of Inspection for Repaired 
Area for Group 1 Airplanes

    All Nippon Airways (ANA) requested we clarify if, for Group 1 
airplanes as identified in paragraph 1.A.1 ``Effectivity,'' of Boeing 
Alert Service Bulletin 737-53A1328, dated July 22, 2014, areas repaired 
using Boeing Alert Service Bulletin 737-53A1328, dated July 22, 2014, 
is terminating action for the repaired area. ANA pointed out that table 
1 of Boeing Alert Service Bulletin 737-53A1328, dated July 22, 2014, 
includes this wording.
    We agree to provide clarification. Accomplishing a repair in 
accordance with Part 6 of the Accomplishment Instructions of Boeing 
Alert Service Bulletin 737-53A1328, dated July 22, 2014, also 
terminates the inspection of the repaired area for Group 1 airplanes. 
We have added new paragraph (g)(2) to this AD to specify that repairs 
done in accordance with Part 6 of the Accomplishment Instructions of 
Boeing Alert Service Bulletin 737-53A1328, dated July 22, 2014, 
terminate the inspection required by paragraph (g) of this AD in only 
the repaired area for Group 1 airplanes only.

Request To Include Provisions for Airplanes Previously Inspected, 
Modified, and/or Repaired

    SWA requested that we revise the NPRM to include provisions for 
airplanes that were previously inspected, modified, and/or repaired 
using step 3 of the Accomplishment Instructions of Boeing Service 
Bulletin 737-53-1306, dated September 22, 2010; Revision 1, dated March 
17, 2010; Revision 2, dated October 25, 2011; or Revision 3, dated 
January 22, 2014; as terminating action for the inspections required by 
paragraph (g) of the proposed AD, as well as any documented deviations 
that were approved by the Boeing ODA via an FAA Form 8100-9.
    SWA stated that step 3 of Boeing Service Bulletin 737-53-1306 (all 
revisions) includes inspection, preventive modification, and repair 
instructions for the window corner locations addressed by the proposed 
AD. Figures 8 through 10 of Boeing Service Bulletin 737-53-1306 (all 
revisions) provide inspection and preventive modification instructions, 
which also include instructions for a fastener oversize repair, edge 
margin requirements, and window forging replacement. Figures 13 through 
18 provide external reinforcing repair instructions. Figures 40 through 
43 were added in Boeing Service Bulletin 737-53-1306, Revision 3, dated 
January 22, 2014, to incorporate the option to replace the window belt 
panels in lieu of accomplishing the window corner inspections, 
preventive modification, and approved repairs. SWA stated that it 
considers the instructions in Step 3 of Boeing Service Bulletin 737-53-
1306 (all revisions) to meet the intent of the proposed AD since the 
instructions address and eliminate the unsafe condition that prompted 
the proposed AD.
    We do not agree to revise this AD because Boeing Service Bulletin 
737-53-1306 is specific for SWA. We do not consider it appropriate to 
include various provisions in an AD applicable only to a single 
operator's unique configuration of affected airplanes. However, SWA may 
submit a request for an approval of an AMOC using the procedures 
specified in paragraph (l) of this AD. We have not changed this AD in 
this regard.

Requests To Clarify Required Actions

    SWA and ANA requested that we clarify which actions specified in 
Boeing Alert Service Bulletin 737-

[[Page 14713]]

53A1328, dated July 22, 2014, are required. SWA stated that paragraph 
(j)(3) of the proposed AD (paragraph (l)(3) in this AD) indicates that 
steps identified as ``RC'' (Required for Compliance) in Boeing Alert 
Service Bulletin 737-53A1328, dated July 22, 2014, must be accomplished 
``in order to comply with this AD.''
    The commenters noted that there are ``RC'' steps in Boeing Alert 
Service Bulletin 737-53A1328, dated July 22, 2014, that are not clearly 
addressed in the proposed AD. SWA noted that Parts 7 and 8 of Boeing 
Alert Service Bulletin 737-53A1328, dated July 22, 2014, contain steps 
that are identified as ``RC;'' however, the proposed AD does not 
mention the compliance times for these actions. SWA stated that Part 7 
of Boeing Alert Service Bulletin 737-53A1328, dated July 22, 2014, 
provides window frame replacement instructions, and steps 5 and 6 in 
Part 8 of Boeing Alert Service Bulletin 737-53A1328, dated July 22, 
2014, provide post-repair/post-modification inspection instructions for 
window frames with short edge margin conditions at the compliance times 
specified in tables 3, 4, and 8 of Boeing Alert Service Bulletin 737-
53A1328, dated July 22, 2014. SWA assumed that actions identified in 
Table 3 and Table 8 are not required for compliance and that the 
actions identified in Table 4 are required for compliance. SWA also 
pointed out that step 10 of Part 2 of Boeing Alert Service Bulletin 
737-53A1328, dated July 22, 2014, is not ``RC,'' but could result in 
accomplishment of Part 7 of Boeing Alert Service Bulletin 737-53A1328, 
dated July 22, 2014, which has ``RC'' steps.
    We agree to clarify the actions required by this AD. The post-
modification and post-repair inspections identified in Table 4 and 
Table 5 in paragraph 1.E., ``Compliance,'' of Boeing Alert Service 
Bulletin 737-53A1328, dated July 22, 2014, are required by this AD. The 
accomplishment instructions of Boeing Alert Service Bulletin 737-
53A1328, dated July 22, 2014, are unclear. Therefore, we have added new 
paragraph (i) to this AD to specify the actions identified in Table 4 
and Table 5 in paragraph 1.E., ``Compliance,'' of Boeing Alert Service 
Bulletin 737-53A1328, dated July 22, 2014. We have redesignated 
subsequent paragraphs accordingly.
    Regarding Part 7 of Boeing Alert Service Bulletin 737-53A1328, 
dated July 22, 2014, if operators chose to do the modification, certain 
actions specified in Part 3, Part 4, and Part 5 of Boeing Alert Service 
Bulletin 737-53A1328, dated July 22, 2014, are identified as ``RC'' 
steps. Within those steps, there is an on-condition action, which 
specifies to do Part 7; thus, step 1 of Part 7 of Boeing Alert Service 
Bulletin 737-53A1328, dated July 22, 2014 is required for compliance.
    Steps 2, 3, and 4 of Part 8 of Boeing Alert Service Bulletin 737-
53A1328, dated July 22, 2014, are referenced in Table 3 and Table 8 in 
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-
53A1328, dated July 22, 2014, and are not required by this AD. We have 
added new paragraph (k) of this AD to clarify that the post-
modification inspections specified in Table 3 and Table 8 in paragraph 
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-53A1328, 
dated July 22, 2014, are airworthiness limitations that are required by 
maintenance and operational rules; therefore, these inspections are not 
required by this AD. We have redesignated subsequent paragraphs 
accordingly.

Request To Clarify Office Responsible for AMOCs

    ANA requested that we clarify the office responsible for AMOCs. ANA 
stated that paragraph (j) of the proposed AD specifies that the Seattle 
ACO has the authority to approve AMOCs. However, ANA noted it has seen 
other ADs for out of production airplanes that refer to the Los Angeles 
ACO.
    We agree to clarify. The Los Angeles ACO is currently responsible 
for AMOCs for the airplanes identified in this AD. We have revised 
paragraphs (l)(1) and (l)(4) of this AD (paragraphs (j)(1) and (j)(4) 
of the proposed AD) to refer to the Los Angeles ACO.

Requests for Clarification of Incorrect References

    Boeing and SWA requested that we clarify incorrect references in 
Boeing Alert Service Bulletin 737-53A1328, dated July 22, 2014. The 
commenters stated that note (e) in Figure 5 of Boeing Alert Service 
Bulletin 737-53A1328, dated July 22, 2014, incorrectly references table 
2 of paragraph 3.B., Work Instructions, for post repair/modification 
inspections of short edge margins on window frames. The commenters 
stated that these references should be to table 3 of paragraph 3.B., 
Work Instructions. Boeing also identified the notes in figures 9, 10, 
11, and 12 as additional locations where the reference to table 2 
should be to table 3. The commenters requested that we clarify in this 
AD that repeat post repair and modification inspections for window 
frames with short edge margins are defined in table 3 rather than table 
2 of paragraph 3.B, Work Instructions, in Boeing Alert Service Bulletin 
737-53A1328, dated July 22, 2014.
    We agree with the commenters that the identified table references 
in Boeing Alert Service Bulletin 737-53A1328, dated July 22, 2014, are 
incorrect. We have added new paragraphs (j)(3) and (j)(4) to this AD to 
specify the correct table references. We have also added new paragraph 
(j)(5) to this AD to clarify that operators must comply with the edge 
margin requirements in Table 3 of the Accomplishment Instructions of 
Boeing Alert Service Bulletin 737-53A1328, dated July 22, 2014. We have 
also revised paragraphs (g) and (h) of this AD to include references to 
paragraphs (j)(3), (j)(4), and (j)(5) of this AD.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing Supplemental 
Type Certificate (STC) ST01219SE (http://rgl.faa.gov/
Regulatory_and_Guidance_Library/rgstc.nsf/0/
be866b732f6cf31086257b9700692796/$FILE/ST01219SE.pdf) does not affect 
the actions specified in the NPRM.
    We concur with the commenter. We have redesignated paragraph (c) of 
the proposed AD as paragraph (c)(1) of this AD and added new paragraph 
(c)(2) to this AD to state that installation of STC ST01219SE does not 
affect the ability to accomplish the actions required by this AD. 
Therefore, for airplanes on which STC ST01219SE is installed, a 
``change in product'' AMOC approval request is not necessary to comply 
with the requirements of 14 CFR 39.17.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the changes described previously--and minor editorial 
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 737-53A1328, dated July 
22, 2014. The service information describes procedures for HFEC 
inspections for

[[Page 14714]]

fatigue cracking in certain fastener locations in the window corners of 
the window belt area, and related investigative and corrective actions. 
This service information is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 142 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                        Estimated Costs: Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                Cost on U.S.
           Action                  Labor cost         Parts cost       Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspection.................  Up to 2,312 work-                  $0  Up to $196,520 per     Up to $27,905,840 per
                              hours x $85 per hour                   inspection cycle.      inspection cycle.
                              = $196,520 per
                              inspection cycle.
----------------------------------------------------------------------------------------------------------------


                                        Estimated Costs: Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Preventive modification.......................  108 work-hours x $85 per hour =               $0          $9,180
                                                 $9,180.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary repairs that 
would be required based on the results of the inspection. We have no 
way of determining the number of aircraft that might need repairs:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
           Action                    Labor cost          Parts cost                 Cost per product
----------------------------------------------------------------------------------------------------------------
Repair......................  Up to 18 work-hours x                $0  Up to $1,530 per repair.
                               $85 per hour = $1,530
                               per repair.
----------------------------------------------------------------------------------------------------------------

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

    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.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

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

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2016-06-04 The Boeing Company: Amendment 39-18435 ; Docket No. FAA-
2015-0495; Directorate Identifier 2014-NM-172-AD.

(a) Effective Date

    This AD is effective April 22, 2016.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to The Boeing Company Model 737-300, -400, 
and -500 series airplanes, certificated in any category, as 
identified in Boeing Alert Service Bulletin 737-53A1328, dated July 
22, 2014.
    (2) Installation of Supplemental Type Certificate (STC) 
ST01219SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/
rgstc.nsf/0/be866b732f6cf31086257b9700692796/$FILE/ST01219SE.pdf) 
does not affect the ability to accomplish the actions required by 
this AD. Therefore, for airplanes on which STC ST01219SE is 
installed, a ''change in product'' alternative method of compliance 
(AMOC) approval request is not necessary to comply with the 
requirements of 14 CFR 39.17.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by reports of fatigue cracking at certain 
fastener locations in the window corners of the window belt area. We 
are issuing this AD to detect and correct fatigue cracking around 
the fastener

[[Page 14715]]

locations that could cause multiple window corner skin cracks, which 
could result in rapid decompression and loss of structural integrity 
of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Inspections

    At the applicable time specified in tables 1 and 2 of paragraph 
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-53A1328, 
dated July 22, 2014, except as required by paragraph (j)(1) of this 
AD: Do external surface high frequency eddy current (HFEC) 
inspections for cracking of the skin at the 12 fastener locations at 
the upper forward and lower aft corners of each window between 
station (STA) 360 and STA 540 and at the upper aft and lower forward 
corners of each window between STA 727 and STA 908, left-side and 
right-side of the fuselage, at and between stringers S-11 and S-13; 
and all applicable related investigative and corrective actions; in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 737-53A1328, dated July 22, 2014, except as 
required by paragraphs (j)(2), (j)(3), (j)(4), and (j)(5) of this 
AD. Do all applicable related investigative and corrective actions 
before further flight. Repeat the inspections at the applicable 
times specified in tables 1 and 2 of paragraph 1.E., ``Compliance,'' 
of Boeing Alert Service Bulletin 737-53A1328, dated July 22, 2014. 
Accomplishing the preventive modification specified in paragraph (h) 
of this AD terminates the repetitive inspections required by this 
paragraph at the modified location only.
    (1) The inspections required by the introductory text of 
paragraph (g) of this AD may be terminated in areas with repairs 
installed prior to the effective date of this AD, provided the 
repairs are reinforcing and address the cracking issue identified in 
this AD, and installation was approved by the Boeing Commercial 
Airplanes Organization Designation Authorization (ODA) via FAA Form 
8100-9.
    (2) For Group 1 airplanes identified in Boeing Alert Service 
Bulletin 737-53A1328, dated July 22, 2014: Window corner crack 
repairs terminate the inspection required by the introductory text 
of paragraph (g) of this AD in the repaired area only. The repair, 
including all applicable related investigative and corrective 
actions, must be done in accordance with Part 6 of the 
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
53A1328, dated July 22, 2014, except as required by paragraphs 
(j)(2), (j)(3), (j)(4), and (j)(5) of this AD.

(h) Preventive Modification

    Accomplishment of a preventive modification in the fastener 
locations in the window corners of the window belt area between STA 
360 and STA 540 and between STA 727 and STA 908, left-side and 
right-side of the fuselage, at and between stringers S-11 and S-13, 
terminates the inspections required by paragraph (g) of this AD at 
the modified location only. The modification, including all 
applicable related investigative and corrective actions, must be 
done in accordance with Part 3 of the Accomplishment Instructions of 
Boeing Alert Service Bulletin 737-53A1328, dated July 22, 2014, 
except as required by paragraphs (j)(2), (j)(3), (j)(4), and (j)(5) 
of this AD.

(i) Repetitive Inspections, Replacements, and Corrective Actions

    For airplanes having any condition identified in Table 4 or 
Table 5 of paragraph l.E., ``Compliance,'' of Boeing Alert Service 
Bulletin 737-53A1328, dated July 22, 2014: At the applicable times 
specified in Table 4 and Table 5 of paragraph l.E., ``Compliance,'' 
of Boeing Alert Service Bulletin 737-53A1328, dated July 22, 2014, 
do a window frame replacement or an internal detailed inspection for 
cracks of the window forging around the fastener collars, as 
applicable, and do all applicable corrective actions, in accordance 
with the Accomplishment Instructions of Boeing Alert Service 
Bulletin 737-53A1328, dated July 22, 2014, except as required by 
paragraphs (j)(2), (j)(3), (j)(4), and (j)(5) of this AD. Repeat the 
inspections at the applicable times specified in table 4 and table 5 
of paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 
737-53A1328, dated July 22, 2014.

(j) Exceptions to the Service Information Specifications

    (1) Where Boeing Alert Service Bulletin 737-53A1328, dated July 
22, 2014, specifies a compliance time ``after the original issue 
date of this service bulletin,'' this AD requires compliance within 
the specified compliance time after the effective date of this AD.
    (2) Where Boeing Alert Service Bulletin 737-53A1328, dated July 
22, 2014, specifies to contact Boeing for repair instructions: 
Before further flight, repair the cracking using a method approved 
in accordance with the procedures specified in paragraph (l) of this 
AD. Although Boeing Alert Service Bulletin 737-53A1328, dated July 
22, 2014, specifies to contact Boeing for repair instructions, and 
specifies that action as Required for Compliance (RC), this AD 
requires repair as specified in this paragraph.
    (3) Where note (e) of Figure 5 of Boeing Alert Service Bulletin 
737-53A1328, dated July 22, 2014, specifies to ``Refer to Paragraph 
3.B., Work Instructions, Table 2 for edge margin requirements,'' 
operators must comply with Table 3 of paragraph 3.B., ``Work 
Instructions,'' of Boeing Alert Service Bulletin 737-53A1328, dated 
July 22, 2014, for edge margin requirements.
    (4) Where the notes for fastener codes A and B in figures 9, 10, 
11, and 12 of Boeing Alert Service Bulletin 737-53A1328, dated July 
22, 2014, refer to ``Paragraph 3.B., Work Instructions, Table 2'' 
for edge margin requirements, operators must comply with Table 3 of 
paragraph 3.B., ``Work Instructions,'' of Boeing Alert Service 
Bulletin 737-53A1328, dated July 22, 2014, for edge margin 
requirements.
    (5) Where note (e) of figures 6, 7, and 8 and step 1.a.(1) of 
Part 5 of the Accomplishment Instructions of Boeing Alert Service 
Bulletin 737-53A1328, dated July 22, 2014, specifies to ``Refer to 
Paragraph 3.B., Work Instructions, Table 3 for edge margin 
requirements,'' operators must comply with Table 3 of paragraph 
3.B., ``Work Instructions,'' of Boeing Alert Service Bulletin 737-
53A1328, dated July 22, 2014, for edge margin requirements.

(k) Post-Repair Inspections/Post-Modification Inspections

    Table 3 and Table 8 of paragraph 1.E., ``Compliance,'' of Boeing 
Alert Service Bulletin 737-53A1328, dated July 22, 2014, specify 
post-modification airworthiness limitation inspections in compliance 
to 14 CFR 25.571(a)(3) at the modified locations, which support 
compliance with 14 CFR 121.1109(c)(2) or 129.109(b)(2). As 
airworthiness limitations, these inspections are required by 
maintenance and operational rules. It is therefore unnecessary to 
mandate them in this AD. Deviations from these inspections require 
FAA approval, but do not require an alternative method of 
compliance.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles 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. In accordance 
with 14 CFR 39.19, send your request to your principal inspector or 
local Flight Standards District Office, as appropriate. If sending 
information directly to the manager of the ACO, send it to the 
attention of the person identified in paragraph (m) of this AD. 
Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (3) Except as required by paragraph (j)(2) of this AD: For 
service information that contains steps that are labeled as RC, the 
provisions of paragraphs (l)(3)(i) and (l)(3)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with this AD. An AMOC is required for any deviations to RC steps, 
including substeps and identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining approval of an AMOC, provided the RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition.
    (4) An AMOC that provides an acceptable level of safety may be 
used for any repair, modification, or alteration required by this AD 
if it is approved by the Boeing Commercial Airplanes ODA that has 
been authorized by the Manager, Los Angeles ACO, to make those 
findings. To be approved, the repair method, modification deviation, 
or alteration deviation must meet the certification basis of the 
airplane, and the approval must specifically refer to this AD.

[[Page 14716]]

(m) Related Information

    For more information about this AD, contact Jennifer 
Tsakoumakis, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los 
Angeles Aircraft Certification Office (ACO), 3960 Paramount Blvd., 
Lakewood, CA 90712-4137; phone: 562-627-5264; fax: 562-627-5210; 
email: [email protected].

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin 737-53A1328, dated July 22, 
2014.
    (ii) Reserved.
    (3) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (5) You may view this 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on March 7, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-05842 Filed 3-17-16; 8:45 am]
 BILLING CODE 4910-13-P



                                                                      Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Rules and Regulations                                         14711

                                                  (IBR) of the service information listed in this         actions if necessary. This AD also                    Discussion
                                                  paragraph under 5 U.S.C. 552(a) and 1 CFR               provides an optional preventive
                                                  part 51.                                                                                                        We issued a notice of proposed
                                                                                                          modification that terminates the                      rulemaking (NPRM) to amend 14 CFR
                                                     (2) You must use this service information
                                                  as applicable to do the actions required by
                                                                                                          inspections at the modified location. We              part 39 by adding an AD that would
                                                  this AD, unless the AD specifies otherwise.             are issuing this AD to detect and correct             apply to certain The Boeing Company
                                                     (i) Boeing Alert Service Bulletin 747–               fatigue cracking around fastener                      Model 737–300, –400, and –500 series
                                                  53A2808, dated November 30, 2012.                       locations that could cause multiple                   airplanes. The NPRM published in the
                                                     (ii) Boeing Service Bulletin 747–53A2465,            window corner skin cracks, which                      Federal Register on March 24, 2015 (80
                                                  Revision 5, dated July 11, 2013.                        could result in rapid decompression and               FR 15523) (‘‘the NPRM’’). The NPRM
                                                     (iii) Boeing Service Bulletin 747–53A2562,           loss of structural integrity of the
                                                  Revision 3, dated July 11, 2013.
                                                                                                                                                                was prompted by reports of cracking at
                                                                                                          airplane.                                             certain fastener locations in the window
                                                     (3) For Boeing service information
                                                  identified in this AD, contact Boeing                                                                         corners of the window belt area. The
                                                                                                          DATES:  This AD is effective April 22,                NPRM proposed to require repetitive
                                                  Commercial Airplanes, Attention: Data &
                                                  Services Management, P.O. Box 3707, MC
                                                                                                          2016.                                                 HFEC inspections for fatigue cracking in
                                                  2H–65, Seattle, WA 98124–2207; telephone                  The Director of the Federal Register                certain fastener locations in the window
                                                  206–544–5000, extension 1; fax 206–766–                 approved the incorporation by reference               corners of the window belt area, and
                                                  5680; Internet https://                                 of a certain publication listed in this AD            related investigative and corrective
                                                  www.myboeingfleet.com.                                  as of April 22, 2016.                                 actions if necessary. We are issuing this
                                                     (4) You may view this service information
                                                  at the FAA, Transport Airplane Directorate,
                                                                                                                                                                AD to detect and correct fatigue
                                                                                                          ADDRESSES:   For service information
                                                  1601 Lind Avenue SW., Renton, WA. For                                                                         cracking around fastener locations that
                                                                                                          identified in this final rule, contact
                                                  information on the availability of this                                                                       could cause multiple window corner
                                                                                                          Boeing Commercial Airplanes,
                                                  material at the FAA, call 425–227–1221.                                                                       skin cracks, which could result in rapid
                                                                                                          Attention: Data & Services Management,
                                                     (5) You may view this service information                                                                  decompression and loss of structural
                                                  that is incorporated by reference at the                P.O. Box 3707, MC 2H–65, Seattle, WA                  integrity of the airplane.
                                                  National Archives and Records                           98124–2207; telephone 206–544–5000,
                                                  Administration (NARA). For information on               extension 1; fax 206–766–5680; Internet               Comments
                                                  the availability of this material at NARA, call         https://www.myboeingfleet.com. You                      We gave the public the opportunity to
                                                  202–741–6030, or go to: http://                         may view this referenced service                      participate in developing this AD. The
                                                  www.archives.gov/federal-register/cfr/ibr-              information at the FAA, Transport                     following presents the comments
                                                  locations.html.                                         Airplane Directorate, 1601 Lind Avenue                received on the NPRM and the FAA’s
                                                    Issued in Renton, Washington, on March 9,             SW., Renton, WA. For information on                   response to each comment.
                                                  2016.                                                   the availability of this material at the
                                                  Michael Kaszycki,                                       FAA, call 425–227–1221. It is also                    Request for Clarification of Location of
                                                  Acting Manager, Transport Airplane                      available on the Internet at http://                  the Twelve Fastener Inspections
                                                  Directorate, Aircraft Certification Service.            www.regulations.gov by searching for                     Southwest Airlines (SWA) requested
                                                  [FR Doc. 2016–06001 Filed 3–17–16; 8:45 am]             and locating Docket No. FAA–2015–                     that a correction be made to paragraph
                                                  BILLING CODE 4910–13–P                                  0495.                                                 (g) of the proposed AD to clarify the
                                                                                                                                                                areas for the inspection of the twelve
                                                                                                          Examining the AD Docket                               fastener locations. SWA noted that
                                                  DEPARTMENT OF TRANSPORTATION                              You may examine the AD docket on                    paragraph (g) of the proposed AD stated
                                                                                                          the Internet at http://                               to inspect locations ‘‘at the upper
                                                  Federal Aviation Administration                                                                               forward and lower aft corners of each
                                                                                                          www.regulations.gov by searching for
                                                                                                          and locating Docket No. FAA–2015–                     window between station (STA) 360 and
                                                  14 CFR Part 39                                                                                                STA 540 and between STA 727 and
                                                                                                          0495; or in person at the Docket
                                                  [Docket No. FAA–2015–0495; Directorate                  Management Facility between 9 a.m.                    STA 908.’’ SWA stated that between
                                                  Identifier 2014–NM–172–AD; Amendment                    and 5 p.m., Monday through Friday,                    STA 727 and STA 908, Boeing Alert
                                                  39–18435; AD 2016–06–04]                                except Federal holidays. The AD docket                Service Bulletin 737–53A1328, dated
                                                                                                          contains this AD, the regulatory                      July 22, 2014, specifies the location as
                                                  RIN 2120–AA64                                                                                                 the lower forward and upper aft corners.
                                                                                                          evaluation, any comments received, and
                                                                                                                                                                   We agree with the commenter for the
                                                  Airworthiness Directives; The Boeing                    other information. The address for the
                                                                                                                                                                reason provided. We have revised
                                                  Company Airplanes                                       Docket Office (phone: 800–647–5527) is
                                                                                                                                                                paragraph (g) of this AD to require an
                                                                                                          Docket Management Facility, U.S.                      inspection of the twelve fastener
                                                  AGENCY:  Federal Aviation
                                                                                                          Department of Transportation, Docket                  locations at the upper forward and
                                                  Administration (FAA), DOT.
                                                                                                          Operations, M–30, West Building                       lower aft corners of each window
                                                  ACTION: Final rule.
                                                                                                          Ground Floor, Room W12–140, 1200                      between STA 360 and STA 540 and at
                                                  SUMMARY:    We are adopting a new                       New Jersey Avenue SE., Washington,                    the upper aft and lower forward corners
                                                  airworthiness directive (AD) for certain                DC 20590.                                             of each window between STA 727 and
                                                  The Boeing Company Model 737–300,                       FOR FURTHER INFORMATION CONTACT:                      STA 908.
                                                  –400, and –500 series airplanes. This                   Jennifer Tsakoumakis, Aerospace
                                                  AD was prompted by reports of cracking                                                                        Request for Clarification of the Intent of
                                                                                                          Engineer, Airframe Branch, ANM–120L,
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                                                  at certain fastener locations in the                                                                          the Inspection Requirements in
                                                                                                          FAA, Los Angeles Aircraft Certification               Paragraph (g) of the Proposed AD
                                                  window corners of the window belt                       Office (ACO), 3960 Paramount
                                                  area. This AD requires repetitive high                  Boulevard, Lakewood, CA 90712–4137;                     SWA requested that we clarify the
                                                  frequency eddy current (HFEC)                           phone: 562–627–5264; fax: 562–627–                    intent of paragraph (g) of the proposed
                                                  inspections for fatigue cracking in                     5210; email: jennifer.tsakoumakis@                    AD. SWA stated that paragraph (g) of
                                                  certain fastener locations in the window                faa.gov.                                              the proposed AD states to accomplish
                                                  corners of the window belt area, and                                                                          the inspections at the times specified in
                                                  related investigative and corrective                    SUPPLEMENTARY INFORMATION:                            tables 1 and 2 of paragraph 1.E.,


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                                                  14712               Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Rules and Regulations

                                                  ‘‘Compliance,’’ of Boeing Alert Service                 Boeing via an FAA Form 8100–9. In                     this AD in only the repaired area for
                                                  Bulletin 737–53A1328, dated July 22,                    addition, SWA requested we clarify                    Group 1 airplanes only.
                                                  2014, and then repeat the inspections at                whether note (a) applies only to
                                                                                                                                                                Request To Include Provisions for
                                                  the applicable times specified in tables                reinforcing repairs that encompass all
                                                                                                                                                                Airplanes Previously Inspected,
                                                  1 and 2 until ‘‘the terminating action in               twelve fastener locations at a window
                                                                                                                                                                Modified, and/or Repaired
                                                  paragraph (h) of this AD is                             corner, or if note (a) also applies to
                                                  accomplished,’’ which is the optional                   existing non-reinforcing oversize hole                   SWA requested that we revise the
                                                  preventive modification in Part 3 of the                repairs.                                              NPRM to include provisions for
                                                  Accomplishment Instructions of Boeing                      We partially agree with the                        airplanes that were previously
                                                  Alert Service Bulletin 737–53A1328,                     commenter. We agree with adding a                     inspected, modified, and/or repaired
                                                  dated July 22, 2014. SWA stated that,                   paragraph to this AD to provide credit                using step 3 of the Accomplishment
                                                  per note (b) in tables 1 and 2,                         for previously approved repairs to                    Instructions of Boeing Service Bulletin
                                                  accomplishment of the preventive                        address cracking issues, because Boeing               737–53–1306, dated September 22,
                                                  modification in accordance with Boeing                  Organization Designation Authorization                2010; Revision 1, dated March 17, 2010;
                                                  Alert Service Bulletin 737–53A1328,                     (ODA) approved repairs installed prior                Revision 2, dated October 25, 2011; or
                                                  dated July 22, 2014, is terminating                     the effective date of this AD are                     Revision 3, dated January 22, 2014; as
                                                  action for both the initial and repeat                  acceptable for terminating the initial                terminating action for the inspections
                                                  inspections at the modified locations.                  and repetitive inspections in the area                required by paragraph (g) of the
                                                  SWA stated that paragraph (g) of the                    under the repair. We disagree with                    proposed AD, as well as any
                                                  proposed AD does not mention the                        allowing any other repair as an                       documented deviations that were
                                                  option to accomplish the actions                        alternative method of compliance                      approved by the Boeing ODA via an
                                                  specified in paragraph (h) of the                       (AMOC) because other repairs may or                   FAA Form 8100–9.
                                                  proposed AD in lieu of the initial                      may not address the cracking issue.                      SWA stated that step 3 of Boeing
                                                  inspection specified in paragraph (g) of                However, operators may request                        Service Bulletin 737–53–1306 (all
                                                  this AD; it only states to ‘‘repeat the                 approval of an AMOC for these repairs                 revisions) includes inspection,
                                                  inspections . . . until the terminating                 using the procedures specified in                     preventive modification, and repair
                                                  action specified in paragraph (h) of this               paragraph (l) of this AD.                             instructions for the window corner
                                                  AD is done.’’ SWA noted it is unclear                      We have added new paragraph (g)(1)                 locations addressed by the proposed
                                                  if the intent of paragraph (g) of this AD               to this AD to specify that the                        AD. Figures 8 through 10 of Boeing
                                                  is to require accomplishment of the Part                inspections required by the introductory              Service Bulletin 737–53–1306 (all
                                                  1 external surface HFEC inspections of                  text of paragraph (g) of this AD may be               revisions) provide inspection and
                                                  the skin prior to accomplishing the Part                terminated in areas with repairs                      preventive modification instructions,
                                                  3 preventive modification instructions,                 installed prior to the effective date of              which also include instructions for a
                                                  or if the intent of paragraph (g) of the                this AD, provided the repairs are                     fastener oversize repair, edge margin
                                                  proposed AD is to provide the operator                  reinforcing and address the cracking                  requirements, and window forging
                                                  the option to accomplish paragraph (h)                  issue addressed in this AD, and                       replacement. Figures 13 through 18
                                                  of the proposed AD (preventive                          installation was approved by the Boeing               provide external reinforcing repair
                                                  modification) in lieu of accomplishing                  Commercial Airplanes ODA via FAA                      instructions. Figures 40 through 43 were
                                                  paragraph (g) of the proposed AD                        Form 8100–9.                                          added in Boeing Service Bulletin 737–
                                                  (inspections), since the Part 3                                                                               53–1306, Revision 3, dated January 22,
                                                                                                          Request for Clarification of the
                                                  modification instructions include open                                                                        2014, to incorporate the option to
                                                                                                          Termination of Inspection for Repaired
                                                  hole HFEC inspections of the skin.                                                                            replace the window belt panels in lieu
                                                                                                          Area for Group 1 Airplanes
                                                     We agree to provide clarification.                                                                         of accomplishing the window corner
                                                  Paragraph (g) of this AD is not required                   All Nippon Airways (ANA) requested                 inspections, preventive modification,
                                                  at the time of accomplishment of the                    we clarify if, for Group 1 airplanes as               and approved repairs. SWA stated that
                                                  preventive modification specified in                    identified in paragraph 1.A.1                         it considers the instructions in Step 3 of
                                                  paragraph (h) of this AD. Paragraph (h)                 ‘‘Effectivity,’’ of Boeing Alert Service              Boeing Service Bulletin 737–53–1306
                                                  of this AD states that the preventive                   Bulletin 737–53A1328, dated July 22,                  (all revisions) to meet the intent of the
                                                  modification (including all applicable                  2014, areas repaired using Boeing Alert               proposed AD since the instructions
                                                  related investigative and corrective                    Service Bulletin 737–53A1328, dated                   address and eliminate the unsafe
                                                  actions) terminates the inspections in                  July 22, 2014, is terminating action for              condition that prompted the proposed
                                                  paragraph (g) of this AD. This means all                the repaired area. ANA pointed out that               AD.
                                                  inspections (initial and repetitive) in                 table 1 of Boeing Alert Service Bulletin                 We do not agree to revise this AD
                                                  paragraph (g) of this AD are not required               737–53A1328, dated July 22, 2014,                     because Boeing Service Bulletin 737–
                                                  if paragraph (h) of this AD is done. We                 includes this wording.                                53–1306 is specific for SWA. We do not
                                                  have not changed this AD in this regard.                   We agree to provide clarification.                 consider it appropriate to include
                                                                                                          Accomplishing a repair in accordance                  various provisions in an AD applicable
                                                  Request for Clarification of Existing                   with Part 6 of the Accomplishment                     only to a single operator’s unique
                                                  Repairs                                                 Instructions of Boeing Alert Service                  configuration of affected airplanes.
                                                    SWA requested clarification about                     Bulletin 737–53A1328, dated July 22,                  However, SWA may submit a request for
                                                  existing repairs that meet the                          2014, also terminates the inspection of               an approval of an AMOC using the
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                                                  requirements of note (a) in tables 1 and                the repaired area for Group 1 airplanes.              procedures specified in paragraph (l) of
                                                  2 of paragraph l.E., ‘‘Compliance,’’ of                 We have added new paragraph (g)(2) to                 this AD. We have not changed this AD
                                                  Boeing Alert Service Bulletin 737–                      this AD to specify that repairs done in               in this regard.
                                                  53A1328, dated July 22, 2014. SWA also                  accordance with Part 6 of the
                                                  requested to extend the note to apply to                Accomplishment Instructions of Boeing                 Requests To Clarify Required Actions
                                                  existing repairs that address damage                    Alert Service Bulletin 737–53A1328,                     SWA and ANA requested that we
                                                  other than cracking, provided that the                  dated July 22, 2014, terminate the                    clarify which actions specified in
                                                  repairs are evaluated and approved by                   inspection required by paragraph (g) of               Boeing Alert Service Bulletin 737–


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                                                                      Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Rules and Regulations                                           14713

                                                  53A1328, dated July 22, 2014, are                       53A1328, dated July 22, 2014, are                     2 of paragraph 3.B, Work Instructions,
                                                  required. SWA stated that paragraph                     identified as ‘‘RC’’ steps. Within those              in Boeing Alert Service Bulletin 737–
                                                  (j)(3) of the proposed AD (paragraph                    steps, there is an on-condition action,               53A1328, dated July 22, 2014.
                                                  (l)(3) in this AD) indicates that steps                 which specifies to do Part 7; thus, step                 We agree with the commenters that
                                                  identified as ‘‘RC’’ (Required for                      1 of Part 7 of Boeing Alert Service                   the identified table references in Boeing
                                                  Compliance) in Boeing Alert Service                     Bulletin 737–53A1328, dated July 22,                  Alert Service Bulletin 737–53A1328,
                                                  Bulletin 737–53A1328, dated July 22,                    2014 is required for compliance.                      dated July 22, 2014, are incorrect. We
                                                  2014, must be accomplished ‘‘in order                      Steps 2, 3, and 4 of Part 8 of Boeing              have added new paragraphs (j)(3) and
                                                  to comply with this AD.’’                               Alert Service Bulletin 737–53A1328,                   (j)(4) to this AD to specify the correct
                                                     The commenters noted that there are                  dated July 22, 2014, are referenced in                table references. We have also added
                                                  ‘‘RC’’ steps in Boeing Alert Service                    Table 3 and Table 8 in paragraph 1.E.,                new paragraph (j)(5) to this AD to clarify
                                                  Bulletin 737–53A1328, dated July 22,                    ‘‘Compliance,’’ of Boeing Alert Service               that operators must comply with the
                                                  2014, that are not clearly addressed in                 Bulletin 737–53A1328, dated July 22,                  edge margin requirements in Table 3 of
                                                  the proposed AD. SWA noted that Parts                   2014, and are not required by this AD.                the Accomplishment Instructions of
                                                  7 and 8 of Boeing Alert Service Bulletin                We have added new paragraph (k) of                    Boeing Alert Service Bulletin 737–
                                                  737–53A1328, dated July 22, 2014,                       this AD to clarify that the post-                     53A1328, dated July 22, 2014. We have
                                                  contain steps that are identified as                    modification inspections specified in                 also revised paragraphs (g) and (h) of
                                                  ‘‘RC;’’ however, the proposed AD does                   Table 3 and Table 8 in paragraph 1.E.,                this AD to include references to
                                                  not mention the compliance times for                    ‘‘Compliance,’’ of Boeing Alert Service               paragraphs (j)(3), (j)(4), and (j)(5) of this
                                                  these actions. SWA stated that Part 7 of                Bulletin 737–53A1328, dated July 22,                  AD.
                                                  Boeing Alert Service Bulletin 737–                      2014, are airworthiness limitations that
                                                  53A1328, dated July 22, 2014, provides                  are required by maintenance and                       Effect of Winglets on Accomplishment
                                                  window frame replacement instructions,                  operational rules; therefore, these                   of the Proposed Actions
                                                  and steps 5 and 6 in Part 8 of Boeing                   inspections are not required by this AD.                Aviation Partners Boeing stated that
                                                  Alert Service Bulletin 737–53A1328,                     We have redesignated subsequent                       accomplishing Supplemental Type
                                                  dated July 22, 2014, provide post-repair/               paragraphs accordingly.                               Certificate (STC) ST01219SE (http://
                                                  post-modification inspection                                                                                  rgl.faa.gov/Regulatory_and_Guidance_
                                                                                                          Request To Clarify Office Responsible
                                                  instructions for window frames with                                                                           Library/rgstc.nsf/0/
                                                                                                          for AMOCs
                                                  short edge margin conditions at the                                                                           be866b732f6cf31086257b9700692796/
                                                  compliance times specified in tables 3,                    ANA requested that we clarify the                  $FILE/ST01219SE.pdf) does not affect
                                                  4, and 8 of Boeing Alert Service Bulletin               office responsible for AMOCs. ANA                     the actions specified in the NPRM.
                                                  737–53A1328, dated July 22, 2014. SWA                   stated that paragraph (j) of the proposed               We concur with the commenter. We
                                                  assumed that actions identified in Table                AD specifies that the Seattle ACO has                 have redesignated paragraph (c) of the
                                                  3 and Table 8 are not required for                      the authority to approve AMOCs.                       proposed AD as paragraph (c)(1) of this
                                                  compliance and that the actions                         However, ANA noted it has seen other                  AD and added new paragraph (c)(2) to
                                                  identified in Table 4 are required for                  ADs for out of production airplanes that              this AD to state that installation of STC
                                                  compliance. SWA also pointed out that                   refer to the Los Angeles ACO.                         ST01219SE does not affect the ability to
                                                  step 10 of Part 2 of Boeing Alert Service                  We agree to clarify. The Los Angeles               accomplish the actions required by this
                                                  Bulletin 737–53A1328, dated July 22,                    ACO is currently responsible for                      AD. Therefore, for airplanes on which
                                                  2014, is not ‘‘RC,’’ but could result in                AMOCs for the airplanes identified in                 STC ST01219SE is installed, a ‘‘change
                                                  accomplishment of Part 7 of Boeing                      this AD. We have revised paragraphs                   in product’’ AMOC approval request is
                                                  Alert Service Bulletin 737–53A1328,                     (l)(1) and (l)(4) of this AD (paragraphs              not necessary to comply with the
                                                  dated July 22, 2014, which has ‘‘RC’’                   (j)(1) and (j)(4) of the proposed AD) to              requirements of 14 CFR 39.17.
                                                  steps.                                                  refer to the Los Angeles ACO.
                                                     We agree to clarify the actions                                                                            Conclusion
                                                                                                          Requests for Clarification of Incorrect
                                                  required by this AD. The post-                                                                                  We reviewed the relevant data,
                                                                                                          References
                                                  modification and post-repair                                                                                  considered the comments received, and
                                                  inspections identified in Table 4 and                      Boeing and SWA requested that we                   determined that air safety and the
                                                  Table 5 in paragraph 1.E.,                              clarify incorrect references in Boeing                public interest require adopting this AD
                                                  ‘‘Compliance,’’ of Boeing Alert Service                 Alert Service Bulletin 737–53A1328,                   with the changes described previously—
                                                  Bulletin 737–53A1328, dated July 22,                    dated July 22, 2014. The commenters                   and minor editorial changes. We have
                                                  2014, are required by this AD. The                      stated that note (e) in Figure 5 of Boeing            determined that these minor changes:
                                                  accomplishment instructions of Boeing                   Alert Service Bulletin 737–53A1328,                     • Are consistent with the intent that
                                                  Alert Service Bulletin 737–53A1328,                     dated July 22, 2014, incorrectly                      was proposed in the NPRM for
                                                  dated July 22, 2014, are unclear.                       references table 2 of paragraph 3.B.,                 correcting the unsafe condition; and
                                                  Therefore, we have added new                            Work Instructions, for post repair/                     • Do not add any additional burden
                                                  paragraph (i) to this AD to specify the                 modification inspections of short edge                upon the public than was already
                                                  actions identified in Table 4 and Table                 margins on window frames. The                         proposed in the NPRM.
                                                  5 in paragraph 1.E., ‘‘Compliance,’’ of                 commenters stated that these references                 We also determined that these
                                                  Boeing Alert Service Bulletin 737–                      should be to table 3 of paragraph 3.B.,               changes will not increase the economic
                                                  53A1328, dated July 22, 2014. We have                   Work Instructions. Boeing also                        burden on any operator or increase the
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                                                  redesignated subsequent paragraphs                      identified the notes in figures 9, 10, 11,            scope of this AD.
                                                  accordingly.                                            and 12 as additional locations where the
                                                     Regarding Part 7 of Boeing Alert                     reference to table 2 should be to table               Related Service Information Under
                                                  Service Bulletin 737–53A1328, dated                     3. The commenters requested that we                   1 CFR Part 51
                                                  July 22, 2014, if operators chose to do                 clarify in this AD that repeat post repair              We reviewed Boeing Alert Service
                                                  the modification, certain actions                       and modification inspections for                      Bulletin 737–53A1328, dated July 22,
                                                  specified in Part 3, Part 4, and Part 5 of              window frames with short edge margins                 2014. The service information describes
                                                  Boeing Alert Service Bulletin 737–                      are defined in table 3 rather than table              procedures for HFEC inspections for


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                                                  14714                    Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Rules and Regulations

                                                  fatigue cracking in certain fastener                             available because the interested parties                 Costs of Compliance
                                                  locations in the window corners of the                           have access to it through their normal                     We estimate that this AD affects 142
                                                  window belt area, and related                                    course of business or by the means                       airplanes of U.S. registry.
                                                  investigative and corrective actions.                            identified in the ADDRESSES section.                       We estimate the following costs to
                                                  This service information is reasonably                                                                                    comply with this AD:

                                                                                                                   ESTIMATED COSTS: REQUIRED ACTIONS
                                                         Action                            Labor cost                          Parts cost                    Cost per product                      Cost on U.S. operators

                                                  Inspection .........     Up to 2,312 work-hours × $85 per                                 $0   Up to $196,520 per inspection             Up to $27,905,840 per inspection
                                                                            hour = $196,520 per inspection                                         cycle.                                    cycle.
                                                                            cycle.


                                                                                                                   ESTIMATED COSTS: REQUIRED ACTIONS
                                                                                                                                                                                                                     Cost per
                                                                                 Action                                                              Labor cost                                    Parts cost        product

                                                  Preventive modification ................................................   108 work-hours × $85 per hour = $9,180 ....................                        $0       $9,180



                                                    We estimate the following costs to do                          required based on the results of the                     determining the number of aircraft that
                                                  any necessary repairs that would be                              inspection. We have no way of                            might need repairs:

                                                                                                                                ON-CONDITION COSTS
                                                         Action                                                         Labor cost                                               Parts cost               Cost per product

                                                  Repair ...............   Up to 18 work-hours × $85 per hour = $1,530 per repair ..................................                          $0    Up to $1,530 per repair.



                                                  Authority for This Rulemaking                                      For the reasons discussed above, I                     2016–06–04 The Boeing Company:
                                                                                                                   certify that this AD:                                        Amendment 39–18435 ; Docket No.
                                                     Title 49 of the United States Code                              (1) Is not a ‘‘significant regulatory                      FAA–2015–0495; Directorate Identifier
                                                  specifies the FAA’s authority to issue                           action’’ under Executive Order 12866,                        2014–NM–172–AD.
                                                  rules on aviation safety. Subtitle I,                              (2) Is not a ‘‘significant rule’’ under                (a) Effective Date
                                                  section 106, describes the authority of                          DOT Regulatory Policies and Procedures                       This AD is effective April 22, 2016.
                                                  the FAA Administrator. Subtitle VII:                             (44 FR 11034, February 26, 1979),
                                                  Aviation Programs, describes in more                               (3) Will not affect intrastate aviation                (b) Affected ADs
                                                  detail the scope of the Agency’s                                 in Alaska, and                                               None.
                                                  authority.                                                         (4) Will not have a significant                        (c) Applicability
                                                     We are issuing this rulemaking under                          economic impact, positive or negative,
                                                                                                                                                                              (1) This AD applies to The Boeing
                                                  the authority described in Subtitle VII,                         on a substantial number of small entities                Company Model 737–300, –400, and –500
                                                  Part A, Subpart III, Section 44701:                              under the criteria of the Regulatory                     series airplanes, certificated in any category,
                                                  ‘‘General requirements.’’ Under that                             Flexibility Act.                                         as identified in Boeing Alert Service Bulletin
                                                  section, Congress charges the FAA with                           List of Subjects in 14 CFR Part 39                       737–53A1328, dated July 22, 2014.
                                                  promoting safe flight of civil aircraft in                                                                                  (2) Installation of Supplemental Type
                                                  air commerce by prescribing regulations                            Air transportation, Aircraft, Aviation                 Certificate (STC) ST01219SE (http://
                                                  for practices, methods, and procedures                           safety, Incorporation by reference,                      rgl.faa.gov/Regulatory_and_Guidance_
                                                                                                                   Safety.                                                  Library/rgstc.nsf/0/
                                                  the Administrator finds necessary for                                                                                     be866b732f6cf31086257b9700692796/$FILE/
                                                  safety in air commerce. This regulation                          Adoption of the Amendment                                ST01219SE.pdf) does not affect the ability to
                                                  is within the scope of that authority                                                                                     accomplish the actions required by this AD.
                                                  because it addresses an unsafe condition                           Accordingly, under the authority
                                                                                                                                                                            Therefore, for airplanes on which STC
                                                  that is likely to exist or develop on                            delegated to me by the Administrator,                    ST01219SE is installed, a ’’change in
                                                  products identified in this rulemaking                           the FAA amends 14 CFR part 39 as                         product’’ alternative method of compliance
                                                  action.                                                          follows:                                                 (AMOC) approval request is not necessary to
                                                                                                                                                                            comply with the requirements of 14 CFR
                                                  Regulatory Findings                                              PART 39—AIRWORTHINESS                                    39.17.
                                                                                                                   DIRECTIVES
                                                    This AD will not have federalism                                                                                        (d) Subject
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                                                  implications under Executive Order                               ■ 1. The authority citation for part 39                    Air Transport Association (ATA) of
                                                  13132. This AD will not have a                                   continues to read as follows:                            America Code 53, Fuselage.
                                                  substantial direct effect on the States, on                          Authority: 49 U.S.C. 106(g), 40113, 44701.           (e) Unsafe Condition
                                                  the relationship between the national                                                                                        This AD was prompted by reports of
                                                  government and the States, or on the                             § 39.13     [Amended]
                                                                                                                                                                            fatigue cracking at certain fastener locations
                                                  distribution of power and                                        ■ 2. The FAA amends § 39.13 by adding                    in the window corners of the window belt
                                                  responsibilities among the various                               the following new airworthiness                          area. We are issuing this AD to detect and
                                                  levels of government.                                            directive (AD):                                          correct fatigue cracking around the fastener



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                                                                      Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Rules and Regulations                                               14715

                                                  locations that could cause multiple window              and corrective actions, must be done in               Instructions, Table 3 for edge margin
                                                  corner skin cracks, which could result in               accordance with Part 3 of the                         requirements,’’ operators must comply with
                                                  rapid decompression and loss of structural              Accomplishment Instructions of Boeing Alert           Table 3 of paragraph 3.B., ‘‘Work
                                                  integrity of the airplane.                              Service Bulletin 737–53A1328, dated July 22,          Instructions,’’ of Boeing Alert Service
                                                                                                          2014, except as required by paragraphs (j)(2),        Bulletin 737–53A1328, dated July 22, 2014,
                                                  (f) Compliance
                                                                                                          (j)(3), (j)(4), and (j)(5) of this AD.                for edge margin requirements.
                                                     Comply with this AD within the
                                                  compliance times specified, unless already              (i) Repetitive Inspections, Replacements, and         (k) Post-Repair Inspections/Post-
                                                  done.                                                   Corrective Actions                                    Modification Inspections
                                                  (g) Inspections                                            For airplanes having any condition                    Table 3 and Table 8 of paragraph 1.E.,
                                                                                                          identified in Table 4 or Table 5 of paragraph         ‘‘Compliance,’’ of Boeing Alert Service
                                                     At the applicable time specified in tables           l.E., ‘‘Compliance,’’ of Boeing Alert Service
                                                  1 and 2 of paragraph 1.E., ‘‘Compliance,’’ of                                                                 Bulletin 737–53A1328, dated July 22, 2014,
                                                                                                          Bulletin 737–53A1328, dated July 22, 2014:            specify post-modification airworthiness
                                                  Boeing Alert Service Bulletin 737–53A1328,              At the applicable times specified in Table 4
                                                  dated July 22, 2014, except as required by                                                                    limitation inspections in compliance to 14
                                                                                                          and Table 5 of paragraph l.E., ‘‘Compliance,’’        CFR 25.571(a)(3) at the modified locations,
                                                  paragraph (j)(1) of this AD: Do external                of Boeing Alert Service Bulletin 737–
                                                  surface high frequency eddy current (HFEC)                                                                    which support compliance with 14 CFR
                                                                                                          53A1328, dated July 22, 2014, do a window
                                                  inspections for cracking of the skin at the 12                                                                121.1109(c)(2) or 129.109(b)(2). As
                                                                                                          frame replacement or an internal detailed
                                                  fastener locations at the upper forward and                                                                   airworthiness limitations, these inspections
                                                                                                          inspection for cracks of the window forging
                                                  lower aft corners of each window between                                                                      are required by maintenance and operational
                                                                                                          around the fastener collars, as applicable,
                                                  station (STA) 360 and STA 540 and at the                and do all applicable corrective actions, in          rules. It is therefore unnecessary to mandate
                                                  upper aft and lower forward corners of each             accordance with the Accomplishment                    them in this AD. Deviations from these
                                                  window between STA 727 and STA 908, left-               Instructions of Boeing Alert Service Bulletin         inspections require FAA approval, but do not
                                                  side and right-side of the fuselage, at and             737–53A1328, dated July 22, 2014, except as           require an alternative method of compliance.
                                                  between stringers S–11 and S–13; and all                required by paragraphs (j)(2), (j)(3), (j)(4), and
                                                  applicable related investigative and                                                                          (l) Alternative Methods of Compliance
                                                                                                          (j)(5) of this AD. Repeat the inspections at the      (AMOCs)
                                                  corrective actions; in accordance with the              applicable times specified in table 4 and
                                                  Accomplishment Instructions of Boeing Alert                                                                      (1) The Manager, Los Angeles Aircraft
                                                                                                          table 5 of paragraph 1.E., ‘‘Compliance,’’ of
                                                  Service Bulletin 737–53A1328, dated July 22,                                                                  Certification Office (ACO), FAA, has the
                                                                                                          Boeing Alert Service Bulletin 737–53A1328,
                                                  2014, except as required by paragraphs (j)(2),                                                                authority to approve AMOCs for this AD, if
                                                                                                          dated July 22, 2014.
                                                  (j)(3), (j)(4), and (j)(5) of this AD. Do all                                                                 requested using the procedures found in 14
                                                  applicable related investigative and                    (j) Exceptions to the Service Information             CFR 39.19. In accordance with 14 CFR 39.19,
                                                  corrective actions before further flight.               Specifications                                        send your request to your principal inspector
                                                  Repeat the inspections at the applicable                   (1) Where Boeing Alert Service Bulletin            or local Flight Standards District Office, as
                                                  times specified in tables 1 and 2 of paragraph          737–53A1328, dated July 22, 2014, specifies           appropriate. If sending information directly
                                                  1.E., ‘‘Compliance,’’ of Boeing Alert Service           a compliance time ‘‘after the original issue          to the manager of the ACO, send it to the
                                                  Bulletin 737–53A1328, dated July 22, 2014.              date of this service bulletin,’’ this AD              attention of the person identified in
                                                  Accomplishing the preventive modification
                                                                                                          requires compliance within the specified              paragraph (m) of this AD. Information may be
                                                  specified in paragraph (h) of this AD
                                                                                                          compliance time after the effective date of           emailed to: 9-ANM-LAACO-AMOC-
                                                  terminates the repetitive inspections required
                                                                                                          this AD.                                              Requests@faa.gov.
                                                  by this paragraph at the modified location
                                                                                                             (2) Where Boeing Alert Service Bulletin               (2) Before using any approved AMOC,
                                                  only.
                                                                                                          737–53A1328, dated July 22, 2014, specifies           notify your appropriate principal inspector,
                                                     (1) The inspections required by the
                                                                                                          to contact Boeing for repair instructions:            or lacking a principal inspector, the manager
                                                  introductory text of paragraph (g) of this AD
                                                                                                          Before further flight, repair the cracking            of the local flight standards district office/
                                                  may be terminated in areas with repairs
                                                                                                          using a method approved in accordance with            certificate holding district office.
                                                  installed prior to the effective date of this
                                                                                                          the procedures specified in paragraph (l) of             (3) Except as required by paragraph (j)(2)
                                                  AD, provided the repairs are reinforcing and
                                                  address the cracking issue identified in this           this AD. Although Boeing Alert Service                of this AD: For service information that
                                                  AD, and installation was approved by the                Bulletin 737–53A1328, dated July 22, 2014,            contains steps that are labeled as RC, the
                                                  Boeing Commercial Airplanes Organization                specifies to contact Boeing for repair                provisions of paragraphs (l)(3)(i) and (l)(3)(ii)
                                                  Designation Authorization (ODA) via FAA                 instructions, and specifies that action as
                                                                                                                                                                of this AD apply.
                                                  Form 8100–9.                                            Required for Compliance (RC), this AD
                                                                                                                                                                   (i) The steps labeled as RC, including
                                                     (2) For Group 1 airplanes identified in              requires repair as specified in this paragraph.
                                                                                                                                                                substeps under an RC step and any figures
                                                  Boeing Alert Service Bulletin 737–53A1328,                 (3) Where note (e) of Figure 5 of Boeing
                                                                                                                                                                identified in an RC step, must be done to
                                                  dated July 22, 2014: Window corner crack                Alert Service Bulletin 737–53A1328, dated
                                                                                                                                                                comply with this AD. An AMOC is required
                                                  repairs terminate the inspection required by            July 22, 2014, specifies to ‘‘Refer to Paragraph
                                                                                                          3.B., Work Instructions, Table 2 for edge             for any deviations to RC steps, including
                                                  the introductory text of paragraph (g) of this                                                                substeps and identified figures.
                                                  AD in the repaired area only. The repair,               margin requirements,’’ operators must
                                                                                                          comply with Table 3 of paragraph 3.B.,                   (ii) Steps not labeled as RC may be
                                                  including all applicable related investigative                                                                deviated from using accepted methods in
                                                  and corrective actions, must be done in                 ‘‘Work Instructions,’’ of Boeing Alert Service
                                                                                                          Bulletin 737–53A1328, dated July 22, 2014,            accordance with the operator’s maintenance
                                                  accordance with Part 6 of the                                                                                 or inspection program without obtaining
                                                  Accomplishment Instructions of Boeing Alert             for edge margin requirements.
                                                                                                             (4) Where the notes for fastener codes A           approval of an AMOC, provided the RC steps,
                                                  Service Bulletin 737–53A1328, dated July 22,
                                                                                                          and B in figures 9, 10, 11, and 12 of Boeing          including substeps and identified figures, can
                                                  2014, except as required by paragraphs (j)(2),
                                                                                                          Alert Service Bulletin 737–53A1328, dated             still be done as specified, and the airplane
                                                  (j)(3), (j)(4), and (j)(5) of this AD.
                                                                                                          July 22, 2014, refer to ‘‘Paragraph 3.B., Work        can be put back in an airworthy condition.
                                                  (h) Preventive Modification                             Instructions, Table 2’’ for edge margin                  (4) An AMOC that provides an acceptable
                                                    Accomplishment of a preventive                        requirements, operators must comply with              level of safety may be used for any repair,
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                                                  modification in the fastener locations in the           Table 3 of paragraph 3.B., ‘‘Work                     modification, or alteration required by this
                                                  window corners of the window belt area                  Instructions,’’ of Boeing Alert Service               AD if it is approved by the Boeing
                                                  between STA 360 and STA 540 and between                 Bulletin 737–53A1328, dated July 22, 2014,            Commercial Airplanes ODA that has been
                                                  STA 727 and STA 908, left-side and right-               for edge margin requirements.                         authorized by the Manager, Los Angeles
                                                  side of the fuselage, at and between stringers             (5) Where note (e) of figures 6, 7, and 8 and      ACO, to make those findings. To be
                                                  S–11 and S–13, terminates the inspections               step 1.a.(1) of Part 5 of the Accomplishment          approved, the repair method, modification
                                                  required by paragraph (g) of this AD at the             Instructions of Boeing Alert Service Bulletin         deviation, or alteration deviation must meet
                                                  modified location only. The modification,               737–53A1328, dated July 22, 2014, specifies           the certification basis of the airplane, and the
                                                  including all applicable related investigative          to ‘‘Refer to Paragraph 3.B., Work                    approval must specifically refer to this AD.



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                                                  14716               Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Rules and Regulations

                                                  (m) Related Information                                 countries for the benefits of the African             section 502 of the Trade Act of 1974. It
                                                    For more information about this AD,                   Growth and Opportunity Act (AGOA).                    requires that a petition adequately
                                                  contact Jennifer Tsakoumakis, Aerospace                 This authority has been delegated to the              identify the country and the concern. A
                                                  Engineer, Airframe Branch, ANM–120L,                    Office of the United States Trade                     petition indicating the existence of
                                                  FAA, Los Angeles Aircraft Certification                 Representative (USTR).                                exceptional circumstances warranting
                                                  Office (ACO), 3960 Paramount Blvd.,                                                                           an out-of-cycle review must contain a
                                                                                                          DATES: The interim final rule is effective
                                                  Lakewood, CA 90712–4137; phone: 562–627–                                                                      statement of reasons explaining why an
                                                  5264; fax: 562–627–5210; email:                         on March 18, 2016. USTR will accept
                                                  jennifer.tsakoumakis@faa.gov.                           comments on the interim final rule in                 out-of-cycle review is warranted.
                                                                                                          writing on or before April 18, 2016.                     Section 2017.2 explains how USTR
                                                  (n) Material Incorporated by Reference                                                                        will process petitions. USTR will
                                                                                                          ADDRESSES: All comments must be
                                                     (1) The Director of the Federal Register                                                                   consider petitions filed in accordance
                                                                                                          submitted electronically at
                                                  approved the incorporation by reference                                                                       with the public comment period of the
                                                  (IBR) of the service information listed in this         www.regulations.gov, docket number
                                                                                                                                                                annual (normal cycle) review of all
                                                  paragraph under 5 U.S.C. 552(a) and 1 CFR               USTR–2016–0002.
                                                                                                                                                                beneficiary countries in conjunction
                                                  part 51.                                                FOR FURTHER INFORMATION CONTACT: For                  with that review. USTR will consider
                                                     (2) You must use this service information            procedural questions, please contact                  petitions filed outside of that time frame
                                                  as applicable to do the actions required by             Yvonne Jamison, Trade Policy Staff
                                                  this AD, unless the AD specifies otherwise.                                                                   in the next (normal cycle) annual
                                                                                                          Committee, at 202–395–3475. Direct all                review. If USTR receives a petition
                                                     (i) Boeing Alert Service Bulletin 737–
                                                                                                          other questions to Constance Hamilton,                outside of the annual (normal cycle)
                                                  53A1328, dated July 22, 2014.
                                                     (ii) Reserved.                                       Deputy Assistant U.S. Trade                           review process that indicates the
                                                     (3) For service information identified in            Representative for African Affairs, at                existence of exceptional circumstances,
                                                  this AD, contact Boeing Commercial                      Constance_Hamilton@ustr.eop.gov or                    the AGOA Implementation
                                                  Airplanes, Attention: Data & Services                   202–395–9514.                                         Subcommittee will consider whether
                                                  Management, P.O. Box 3707, MC 2H–65,                    SUPPLEMENTARY INFORMATION:                            there is a basis for the initiation of an
                                                  Seattle, WA 98124–2207; telephone 206–                                                                        out-of-cycle review and make
                                                  544–5000, extension 1; fax 206–766–5680;                I. Background
                                                                                                                                                                recommendations to the Trade Policy
                                                  Internet https://www.myboeingfleet.com.                    The AGOA (Title I of the Trade and
                                                     (4) You may view this service information                                                                  Staff Committee, which will, in turn,
                                                                                                          Development Act of 2000, Pub. L. 106–                 advise the U.S. Trade Representative. If
                                                  at the FAA, Transport Airplane Directorate,
                                                  1601 Lind Avenue SW., Renton, WA. For                   200) (19 U.S.C. 2466a et seq.), as                    the U.S. Trade Representative finds that
                                                  information on the availability of this                 amended, contains provisions for                      there are exceptional circumstances
                                                  material at the FAA, call 425–227–1221.                 enhanced trade benefits for eligible sub-             warranting an out-of-cycle review,
                                                     (5) You may view this service information            Saharan African countries.                            within 30 days of that determination
                                                  that is incorporated by reference at the                   Section 506(c) of the TPEA, which                  USTR will announce a schedule for the
                                                  National Archives and Records                           was signed into law on June 29, 2015                  review in the Federal Register.
                                                  Administration (NARA). For information on               (Pub. L. 114–27, sec. 105(d)(3), 129 Stat.               Section 2017.3 requires USTR to
                                                  the availability of this material at NARA, call         366–367)), requires the President to                  publish a summary of the actions taken
                                                  202–741–6030, or go to: http://                         establish a process to allow any
                                                  www.archives.gov/federal-register/cfr/ibr-                                                                    in response to petitions in the Federal
                                                  locations.html.
                                                                                                          interested person, at any time, to file a             Register. The notice also will include a
                                                                                                          petition with USTR concerning the                     list of pending petitions upon which no
                                                    Issued in Renton, Washington, on March 7,             compliance of any sub-Saharan African                 decision has been made.
                                                  2016.                                                   country listed in section 107 of the                     Section 2017.4 provides that all
                                                  Michael Kaszycki,                                       AGOA (19 U.S.C. 3706), with the                       submitted materials will be made
                                                  Acting Manager, Transport Airplane                      eligibility requirements set forth in                 available for public inspection at
                                                  Directorate, Aircraft Certification Service.            section 104 of the AGOA (19 U.S.C.                    www.regulations.gov other than
                                                  [FR Doc. 2016–05842 Filed 3–17–16; 8:45 am]             3703) and the eligibility criteria set forth          appropriately designated confidential
                                                  BILLING CODE 4910–13–P                                  in section 502 of the Trade Act of 1974               business information.
                                                                                                          (19 U.S.C. 2462). On February 26, 2016,                  The TPEA extended the AGOA until
                                                                                                          the President delegated this authority to             September 30, 2025. See Pub. L. 114–27,
                                                  OFFICE OF THE UNITED STATES                             USTR. See E.O. 13720 of Feb. 26, 2016,                sec. 103, 129 Stat. 364, June 29, 2015.
                                                  TRADE REPRESENTATIVE                                    81 FR 11087, Mar. 2, 2016.                            Section 2017.5 provides that the AGOA
                                                                                                                                                                petition process will expire on that date
                                                  15 CFR Part 2017                                        II. Analysis of the Interim Final Rule
                                                                                                                                                                unless extended by statute.
                                                  [Docket Number USTR–2016–0002]                             The interim final rule adds 15 CFR
                                                                                                          part 2017. The new Part 2017                          III. Requirements for Submission
                                                  RIN 0350–AA07                                           establishes a petition process that                      All submissions must be in English
                                                                                                          supplements the annual (normal cycle)                 and must be submitted electronically
                                                  Establishment of a Petition Process To                  request for public comments on whether                via http://www.regulations.gov. USTR
                                                  Review the Eligibility of Countries                     a beneficiary sub-Saharan African                     will not accept hand-delivered
                                                  Under the African Growth and                            country is meeting the eligibility criteria           submissions. To make a submission
                                                  Opportunity Act (AGOA)                                  and requirements of the AGOA program                  using http://www.regulations.gov, enter
                                                  AGENCY:  Office of the United States                    (see, e.g., 80 FR 48951, Aug. 14, 2015).              the docket number USTR–2016–0002 in
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                                                  Trade Representative.                                      Section 2017.0 defines acronyms used               the ‘‘Search for’’ field on the home page
                                                  ACTION: Interim final rule with request                 throughout Part 2017.                                 and click ‘‘Search.’’ The site will
                                                  for comments.                                              Section 2017.1 permits any interested              provide a search-results page listing all
                                                                                                          party to submit a petition, at any time,              documents associated with this docket.
                                                  SUMMARY:  The Trade Preferences                         regarding whether a beneficiary sub-                  Find a reference to this notice by
                                                  Extension Act of 2015 (TPEA) requires                   Saharan African country meets the                     selecting ‘‘Notice’’ under ‘‘Document
                                                  the President to establish a petition                   eligibility requirements in section 104 of            Type’’ in the ‘‘Filter Results by’’ section
                                                  process to review the eligibility of                    the AGOA and the eligibility criteria in              on the left side of the screen and click


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Document Created: 2018-02-02 15:13:42
Document Modified: 2018-02-02 15:13:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis AD is effective April 22, 2016.
ContactJennifer Tsakoumakis, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5264; fax: 562-627-5210; email: [email protected]
FR Citation81 FR 14711 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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