81 FR 25360 - Airworthiness Directives; The Boeing Company Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 81, Issue 82 (April 28, 2016)
Federal Aviation Administration
Federal Register Volume 81, Issue 82 (April 28, 2016)
| Page Range | 25360-25363 | |
| FR Document | 2016-09643 |
[Federal Register Volume 81, Number 82 (Thursday, April 28, 2016)] [Proposed Rules] [Pages 25360-25363] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-09643] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-5597; Directorate Identifier 2016-NM-009-AD] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: We propose to adopt a new airworthiness directive (AD) for all The Boeing Company Model 737-400 series airplanes. This proposed AD was prompted by reports of cracks in the upper chord of the overwing stub beams at body station (STA) 578 emanating from the rivet location common to the crease beam inner chord and the overwing stub beam upper chord. This proposed AD would require repetitive inspections for cracking, and related investigative and corrective actions if necessary. Replacement of the overwing stub beam would terminate the repetitive inspections for cracking at the replacement location only, and post-replacement inspections would be required if the replacement was done. We are proposing this AD to detect and correct cracking in the upper chord of the overwing stub beam caused by high flight cycle fatigue stresses from both pressurization and maneuver loads. Cracking of the overwing stub beam could adversely affect the fuselage structural integrity and result in possible decompression of the airplane. DATES: We must receive comments on this proposed AD by June 13, 2016. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments. Fax: 202-493-2251. Mail: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this NPRM, 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-2016-5597. 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-2016- 5597; 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 proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Wade Sullivan, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917- 6430; fax: 425-917-6590; email: [email protected]. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the ADDRESSES section. Include ``Docket No. FAA-2016-5597; Directorate Identifier 2016-NM-009-AD'' at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments. We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion We have received ten reports from four operators of cracks in the upper chord of the overwing stub beams at body STA 578 emanating from the rivet location common to the crease beam inner chord and the overwing stub beam upper chord on The Boeing Company Model 737-400 series airplanes. The earliest reported crack in an overwing stub beam upper chord occurred on an airplane with 31,843 total flight cycles. Seven airplanes had a severed overwing stub beam upper chord on either the left or right side, and two airplanes had severed overwing stub beam upper chords on the left and right sides. Cracks in the upper chord of the overwing stub beams, if not corrected, could result in high flight cycle fatigue stresses from both pressurization and maneuver loads, which can cause cracking in the upper chord of the overwing stub beam at STA 559, STA 578, and STA 601. Cracking of the overwing stub beam could adversely affect the fuselage structural integrity and result in possible decompression of the airplane. Related Service Information Under 1 CFR Part 51 We reviewed Boeing Alert Service Bulletin 737-53A1347, dated December 9, 2015. The service information describes procedures for doing a surface high frequency eddy current inspection [[Page 25361]] for cracking in the overwing stub beam upper chord at STA 559, STA 578, and STA 601, and repairs and replacement. 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. FAA's Determination We are proposing this AD because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the same type design. Proposed AD Requirements This proposed AD would require accomplishing the actions specified in the service information described previously, except as discussed under ``Differences Between this Proposed AD and the Service Information.'' For information on the procedures and compliance times, see this service information at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-5597. The phrase ``related investigative actions'' is used in this proposed AD. ``Related investigative actions'' are follow-on actions that (1) are related to the primary action, and (2) further investigate the nature of any condition found. Related investigative actions in an AD could include, for example, inspections. The phrase ``corrective actions'' is used in this proposed AD. ``Corrective actions'' correct or address any condition found. Corrective actions in an AD could include, for example, repairs. Differences Between This Proposed AD and the Service Information Boeing Alert Service Bulletin 737-53A1347, dated December 9, 2015, specifies to contact the manufacturer for instructions on how to repair certain conditions, but this proposed AD would require repairing those conditions in one of the following ways: In accordance with a method that we approve; or Using data that meet the certification basis of the airplane, and that have been approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) whom we have authorized to make those findings. Costs of Compliance We estimate that this proposed AD affects 93 airplanes of U.S. registry. We estimate the following costs to comply with this proposed AD: Estimated Costs ---------------------------------------------------------------------------------------------------------------- Cost on U.S. Action Labor cost Parts cost Cost per product operators ---------------------------------------------------------------------------------------------------------------- Inspection............... 24 work-hours x $85 per $0 $2,040 per $189,720 per hour = $2,040 per inspection cycle. inspection cycle inspection cycle. ---------------------------------------------------------------------------------------------------------------- We estimate the following costs to do any necessary inspections/ replacements that would be required based on the results of the proposed inspection. We have no way of determining the number of aircraft that might need these inspections/replacements: On-Condition Costs ---------------------------------------------------------------------------------------------------------------- Action Labor cost Parts cost Cost per product ---------------------------------------------------------------------------------------------------------------- Related investigative inspection. 9 work-hours x $85 $0......................... $765 per side. per hour = $765 per side. STA 578 Replacement.............. 41 work-hours x $85 $41,500 per side........... $44,985 per side. per hour=$3,485 per side. STA 578 Post[dash]replacement 1 work-hour x $85 $0......................... $85 per side. inspection. per hour = $85 per side. ---------------------------------------------------------------------------------------------------------------- We have received no definitive data that would enable us to provide cost estimates for certain on-condition actions specified in this proposed AD. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: ``General requirements.'' Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would 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 this proposed regulation: (1) Is not a ``significant regulatory action'' under Executive Order 12866, (2) Is not a ``significant rule'' under the 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. [[Page 25362]] The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 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): The Boeing Company: Docket No. FAA-2016-5597; Directorate Identifier 2016-NM-009-AD. (a) Comments Due Date We must receive comments by June 13, 2016. (b) Affected ADs None. (c) Applicability This AD applies to all the Boeing Company Model 737-400 series airplanes, certificated in any category. (d) Subject Air Transport Association (ATA) of America Code 53, Fuselage. (e) Unsafe Condition This AD was prompted by reports of cracks in the upper chord of the overwing stub beams at body station (STA) 578 emanating from the rivet location common to the crease beam inner chord and the overwing stub beam upper chord. We are issuing this AD to detect and correct cracking in the upper chord of the overwing stub beam caused by high flight cycle fatigue stresses from both pressurization and maneuver loads. Cracking of the overwing stub beam could adversely affect the fuselage structural integrity and result in possible decompression of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Inspections, Related Investigative Actions, and Corrective Actions At the applicable time specified in table 1 in paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-53A1347, dated December 9, 2015, except as required by paragraphs (j)(1) and (j)(2) of this AD: Do a surface high frequency eddy current (HFEC) inspection for any cracking in the overwing stub beam upper chord at STA 559, STA 578, and STA 601; and do all applicable related investigative and corrective actions; in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 737- 53A1347, dated December 9, 2015, except as specified in paragraph (j)(3) of this AD. Do all applicable related investigative and corrective actions before further flight. Repeat the HFEC inspection thereafter at the applicable intervals specified Boeing Alert Service Bulletin 737-53A1347, dated December 9, 2015. Note 1 to paragraph (g) of this AD: Deviation from the actions specified in Boeing Alert Service Bulletin 737-53A1347, dated December 9, 2015, may affect compliance with the fuel tank ignition prevention requirements specified in Critical Design Configuration Control Limitation 28-AWL-11 of Document D6-38278-CMR. (h) Terminating Action Replacement of the overwing stub beam in accordance with Part 4 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737-53A1347, dated December 9, 2015, terminates the repetitive inspections required by paragraph (g) of this AD at the STA 578 replacement location only. The post-replacement inspections required by paragraph (i) of this AD are still required at the STA 578 replacement location. (i) Post-Replacement Inspections and Corrective Action For airplanes on which an overwing stub beam has been replaced at STA 578: At the applicable time specified in table 2 in paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-53A1347, dated December 9, 2015: Do a surface HFEC inspection for any cracking in the overwing stub beam upper chord at STA 578, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 737-53A1347, dated December 9, 2015. Repeat the HFEC inspection thereafter at the applicable intervals specified Boeing Alert Service Bulletin 737-53A1347, dated December 9, 2015. If any cracking is found during any inspection required by this paragraph, before further flight, repair the cracking using a method approved in accordance with the procedures specified in paragraph (j)(3) of this AD. (j) Exceptions to Service Information (1) Where Boeing Alert Service Bulletin 737-53A1347, dated December 9, 2015, 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) The Condition column of paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-53A1347, dated December 9, 2015, refers to airplanes with specified total flight cycles ``at the original issue date of this service bulletin.'' This AD, however, applies to the airplanes with the specified total flight cycles as of the effective date of this AD. (3) If any cracking is found during any inspection required by this AD, and Boeing Alert Service Bulletin 737-53A1347, dated December 9, 2015, specifies to contact Boeing for appropriate action: Before further flight, repair the cracking or replace the stub beam, using a method approved in accordance with the procedures specified in paragraph (l) of this AD. (k) No Economic Inspection Required This AD does not require the ``Recommended Economic Inspection'' specified in paragraph 3.B.3. of the Accomplishment Instructions of Boeing Alert Service Bulletin 737-53A1347, dated December 9, 2015. (l) Alternative Methods of Compliance (AMOCs) (1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. 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)(1) 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) 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 Organization Designation Authorization (ODA) that has been authorized by the Manager, Seattle 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. (4) Except as required by paragraph (j)(3) of this AD: For service information that contains steps that are labeled as Required for Compliance (RC), the provisions of paragraphs (l)(4)(i) and (l)(4)(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 the 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. (m) Related Information (1) For more information about this AD, contact Wade Sullivan, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057- 3356; phone: 425-917-6430; fax: 425-917-6590; email: [email protected]. (2) 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. You [[Page 25363]] 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. Issued in Renton, Washington, on April 15, 2016. Victor Wicklund, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2016-09643 Filed 4-27-16; 8:45 am] BILLING CODE 4910-13-P
![25360 Federal Register / Vol. 81, No. 82 / Thursday, April 28, 2016 / Proposed Rules
Designation Authorization (ODA) that has replacement inspections would be Airframe Branch, ANM–120S, FAA,
been authorized by the Manager, Seattle required if the replacement was done. Seattle Aircraft Certification Office
ACO, to make those findings. To be We are proposing this AD to detect and (ACO), 1601 Lind Avenue SW., Renton,
approved, the repair method, modification correct cracking in the upper chord of WA 98057–3356; phone: 425–917–6430;
deviation, or alteration deviation must meet
the certification basis of the airplane, and the
the overwing stub beam caused by high fax: 425–917–6590; email:
approval must specifically refer to this AD. flight cycle fatigue stresses from both wade.sullivan@faa.gov.
pressurization and maneuver loads. SUPPLEMENTARY INFORMATION:
(o) Related Information Cracking of the overwing stub beam
(1) For more information about this AD, could adversely affect the fuselage Comments Invited
contact Bill Ashforth, Aerospace Engineer, structural integrity and result in We invite you to send any written
Airframe Branch, ANM–120S, FAA, Seattle possible decompression of the airplane. relevant data, views, or arguments about
Aircraft Certification Office (ACO), 1601 Lind this proposal. Send your comments to
Avenue SW., Renton, WA 98057–3356; DATES: We must receive comments on
this proposed AD by June 13, 2016. an address listed under the ADDRESSES
phone: 425–917–6432; fax: 425–91–6590;
section. Include ‘‘Docket No. FAA–
email: Bill.Ashforth@faa.gov. ADDRESSES: You may send comments,
(2) For service information identified in 2016–5597; Directorate Identifier 2016–
using the procedures found in 14 CFR
this AD, contact Boeing Commercial NM–009–AD’’ at the beginning of your
11.43 and 11.45, by any of the following
Airplanes, Attention: Data & Services comments. We specifically invite
methods:
Management, P.O. Box 3707, MC 2H–65, comments on the overall regulatory,
• Federal eRulemaking Portal: Go to
Seattle, WA 98124–2207; telephone 206– economic, environmental, and energy
http://www.regulations.gov. Follow the
544–5000, extension 1; fax 206–766–5680; aspects of this proposed AD. We will
Internet https://www.myboeingfleet.com. You instructions for submitting comments.
consider all comments received by the
may view this service information at the • Fax: 202–493–2251.
closing date and may amend this
FAA, Transport Airplane Directorate, 1601 • Mail: U.S. Department of
proposed AD because of those
Lind Avenue SW., Renton, WA. For Transportation, Docket Operations, M–
comments.
information on the availability of this 30, West Building Ground Floor, Room We will post all comments we
material at the FAA, call 425–227–1221. W12–140, 1200 New Jersey Avenue SE., receive, without change, to http://
Issued in Renton, Washington, on April 15, Washington, DC 20590. www.regulations.gov, including any
2016. • Hand Delivery: Deliver to Mail personal information you provide. We
Victor Wicklund, address above between 9 a.m. and 5 will also post a report summarizing each
Acting Manager, Transport Airplane p.m., Monday through Friday, except substantive verbal contact we receive
Directorate, Aircraft Certification Service. Federal holidays. about this proposed AD.
[FR Doc. 2016–09647 Filed 4–27–16; 8:45 am] For service information identified in
this NPRM, contact Boeing Commercial Discussion
BILLING CODE 4910–13–P
Airplanes, Attention: Data & Services We have received ten reports from
Management, P.O. Box 3707, MC 2H–65, four operators of cracks in the upper
DEPARTMENT OF TRANSPORTATION Seattle, WA 98124–2207; telephone chord of the overwing stub beams at
206–544–5000, extension 1; fax 206– body STA 578 emanating from the rivet
Federal Aviation Administration 766–5680; Internet https:// location common to the crease beam
www.myboeingfleet.com. You may view inner chord and the overwing stub beam
14 CFR Part 39 this referenced service information at upper chord on The Boeing Company
the FAA, Transport Airplane Model 737–400 series airplanes. The
[Docket No. FAA–2016–5597; Directorate
Identifier 2016–NM–009–AD]
Directorate, 1601 Lind Avenue SW., earliest reported crack in an overwing
Renton, WA. For information on the stub beam upper chord occurred on an
RIN 2120–AA64 availability of this material at the FAA, airplane with 31,843 total flight cycles.
call 425–227–1221. It is also available Seven airplanes had a severed overwing
Airworthiness Directives; The Boeing on the internet at http://
Company Airplanes stub beam upper chord on either the left
www.regulations.gov by searching for or right side, and two airplanes had
AGENCY: Federal Aviation and locating Docket No. FAA–2016– severed overwing stub beam upper
Administration (FAA), DOT. 5597. chords on the left and right sides.
ACTION: Notice of proposed rulemaking Examining the AD Docket Cracks in the upper chord of the
(NPRM). overwing stub beams, if not corrected,
You may examine the AD docket on could result in high flight cycle fatigue
SUMMARY: We propose to adopt a new the Internet at http:// stresses from both pressurization and
airworthiness directive (AD) for all The www.regulations.gov by searching for maneuver loads, which can cause
Boeing Company Model 737–400 series and locating Docket No. FAA–2016– cracking in the upper chord of the
airplanes. This proposed AD was 5597; or in person at the Docket overwing stub beam at STA 559, STA
prompted by reports of cracks in the Management Facility between 9 a.m. 578, and STA 601. Cracking of the
upper chord of the overwing stub beams and 5 p.m., Monday through Friday, overwing stub beam could adversely
at body station (STA) 578 emanating except Federal holidays. The AD docket affect the fuselage structural integrity
from the rivet location common to the contains this proposed AD, the and result in possible decompression of
crease beam inner chord and the regulatory evaluation, any comments
mstockstill on DSK5VPTVN1PROD with PROPOSALS
the airplane.
overwing stub beam upper chord. This received, and other information. The
proposed AD would require repetitive street address for the Docket Office Related Service Information Under 1
inspections for cracking, and related (phone: 800–647–5527) is in the CFR Part 51
investigative and corrective actions if ADDRESSES section. Comments will be We reviewed Boeing Alert Service
necessary. Replacement of the overwing available in the AD docket shortly after Bulletin 737–53A1347, dated December
stub beam would terminate the receipt. 9, 2015. The service information
repetitive inspections for cracking at the FOR FURTHER INFORMATION CONTACT: describes procedures for doing a surface
replacement location only, and post- Wade Sullivan, Aerospace Engineer, high frequency eddy current inspection
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The Proposed Amendment and corrective actions before further flight. (k) No Economic Inspection Required
Repeat the HFEC inspection thereafter at the This AD does not require the
Accordingly, under the authority applicable intervals specified Boeing Alert
delegated to me by the Administrator, ‘‘Recommended Economic Inspection’’
Service Bulletin 737–53A1347, dated specified in paragraph 3.B.3. of the
the FAA proposes to amend 14 CFR part December 9, 2015. Accomplishment Instructions of Boeing Alert
39 as follows: Note 1 to paragraph (g) of this AD: Service Bulletin 737–53A1347, dated
Deviation from the actions specified in December 9, 2015.
PART 39—AIRWORTHINESS Boeing Alert Service Bulletin 737–53A1347,
DIRECTIVES dated December 9, 2015, may affect (l) Alternative Methods of Compliance
compliance with the fuel tank ignition (AMOCs)
■ 1. The authority citation for part 39 prevention requirements specified in Critical (1) The Manager, Seattle Aircraft
continues to read as follows: Design Configuration Control Limitation 28– Certification Office (ACO), FAA, has the
Authority: 49 U.S.C. 106(g), 40113, 44701. AWL–11 of Document D6–38278–CMR. authority to approve AMOCs for this AD, if
requested using the procedures found in 14
§ 39.13 [Amended] (h) Terminating Action CFR 39.19. In accordance with 14 CFR 39.19,
■ 2. The FAA amends § 39.13 by adding Replacement of the overwing stub beam in send your request to your principal inspector
accordance with Part 4 of the or local Flight Standards District Office, as
the following new airworthiness appropriate. If sending information directly
directive (AD): Accomplishment Instructions of Boeing Alert
Service Bulletin 737–53A1347, dated to the manager of the ACO, send it to the
The Boeing Company: Docket No. FAA– December 9, 2015, terminates the repetitive attention of the person identified in
2016–5597; Directorate Identifier 2016– inspections required by paragraph (g) of this paragraph (m)(1) of this AD. Information may
NM–009–AD. AD at the STA 578 replacement location be emailed to: 9-ANM-Seattle-ACO-AMOC-
only. The post-replacement inspections Requests@faa.gov.
(a) Comments Due Date (2) Before using any approved AMOC,
required by paragraph (i) of this AD are still
We must receive comments by June 13, notify your appropriate principal inspector,
required at the STA 578 replacement
2016. or lacking a principal inspector, the manager
location.
of the local flight standards district office/
(b) Affected ADs certificate holding district office.
(i) Post-Replacement Inspections and
None. Corrective Action (3) An AMOC that provides an acceptable
level of safety may be used for any repair,
(c) Applicability For airplanes on which an overwing stub
modification, or alteration required by this
This AD applies to all the Boeing Company beam has been replaced at STA 578: At the
AD if it is approved by the Boeing
Model 737–400 series airplanes, certificated applicable time specified in table 2 in
Commercial Airplanes Organization
in any category. paragraph 1.E., ‘‘Compliance,’’ of Boeing Designation Authorization (ODA) that has
Alert Service Bulletin 737–53A1347, dated been authorized by the Manager, Seattle
(d) Subject December 9, 2015: Do a surface HFEC ACO, to make those findings. To be
Air Transport Association (ATA) of inspection for any cracking in the overwing approved, the repair method, modification
America Code 53, Fuselage. stub beam upper chord at STA 578, in deviation, or alteration deviation must meet
accordance with the Accomplishment the certification basis of the airplane, and the
(e) Unsafe Condition Instructions of Boeing Alert Service Bulletin approval must specifically refer to this AD.
This AD was prompted by reports of cracks 737–53A1347, dated December 9, 2015. (4) Except as required by paragraph (j)(3)
in the upper chord of the overwing stub Repeat the HFEC inspection thereafter at the of this AD: For service information that
beams at body station (STA) 578 emanating applicable intervals specified Boeing Alert contains steps that are labeled as Required
from the rivet location common to the crease Service Bulletin 737–53A1347, dated for Compliance (RC), the provisions of
beam inner chord and the overwing stub December 9, 2015. If any cracking is found paragraphs (l)(4)(i) and (l)(4)(ii) of this AD
beam upper chord. We are issuing this AD to during any inspection required by this apply.
detect and correct cracking in the upper paragraph, before further flight, repair the
chord of the overwing stub beam caused by (i) The steps labeled as RC, including
cracking using a method approved in substeps under an RC step and any figures
high flight cycle fatigue stresses from both accordance with the procedures specified in
pressurization and maneuver loads. Cracking identified in an RC step, must be done to
paragraph (j)(3) of this AD. comply with the AD. An AMOC is required
of the overwing stub beam could adversely
affect the fuselage structural integrity and (j) Exceptions to Service Information for any deviations to RC steps, including
result in possible decompression of the substeps and identified figures.
(1) Where Boeing Alert Service Bulletin (ii) Steps not labeled as RC may be
airplane. 737–53A1347, dated December 9, 2015, deviated from using accepted methods in
(f) Compliance specifies a compliance time after the accordance with the operator’s maintenance
‘‘original issue date of this service bulletin,’’ or inspection program without obtaining
Comply with this AD within the
this AD requires compliance within the approval of an AMOC, provided the RC steps,
compliance times specified, unless already
specified compliance time after the effective including substeps and identified figures, can
done.
date of this AD. still be done as specified, and the airplane
(g) Inspections, Related Investigative (2) The Condition column of paragraph can be put back in an airworthy condition.
Actions, and Corrective Actions 1.E., ‘‘Compliance,’’ of Boeing Alert Service
Bulletin 737–53A1347, dated December 9, (m) Related Information
At the applicable time specified in table 1
in paragraph 1.E., ‘‘Compliance,’’ of Boeing 2015, refers to airplanes with specified total (1) For more information about this AD,
Alert Service Bulletin 737–53A1347, dated flight cycles ‘‘at the original issue date of this contact Wade Sullivan, Aerospace Engineer,
December 9, 2015, except as required by service bulletin.’’ This AD, however, applies Airframe Branch, ANM–120S, FAA, Seattle
paragraphs (j)(1) and (j)(2) of this AD: Do a to the airplanes with the specified total flight Aircraft Certification Office (ACO), 1601 Lind
surface high frequency eddy current (HFEC) cycles as of the effective date of this AD. Avenue SW., Renton, WA 98057–3356;
mstockstill on DSK5VPTVN1PROD with PROPOSALS
inspection for any cracking in the overwing (3) If any cracking is found during any phone: 425–917–6430; fax: 425–917–6590;
stub beam upper chord at STA 559, STA 578, inspection required by this AD, and Boeing email: wade.sullivan@faa.gov.
and STA 601; and do all applicable related Alert Service Bulletin 737–53A1347, dated (2) For service information identified in
investigative and corrective actions; in December 9, 2015, specifies to contact Boeing this AD, contact Boeing Commercial
accordance with the Accomplishment for appropriate action: Before further flight, Airplanes, Attention: Data & Services
Instructions of Boeing Alert Service Bulletin repair the cracking or replace the stub beam, Management, P.O. Box 3707, MC 2H–65,
737–53A1347, dated December 9, 2015, using a method approved in accordance with Seattle, WA 98124–2207; telephone 206–
except as specified in paragraph (j)(3) of this the procedures specified in paragraph (l) of 544–5000, extension 1; fax 206–766–5680;
AD. Do all applicable related investigative this AD. Internet https://www.myboeingfleet.com. You
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![Federal Register / Vol. 81, No. 82 / Thursday, April 28, 2016 / Proposed Rules 25363
may view this referenced service information FOR FURTHER INFORMATION CONTACT: Background
at the FAA, Transport Airplane Directorate, Deborah C. Murphy, Deputy Assistant
1601 Lind Avenue SW., Renton, WA. For PBGC administers the pension plan
General Counsel for Regulatory Affairs
information on the availability of this termination insurance program under
material at the FAA, call 425–227–1221.
(murphy.deborah@pbgc.gov), Office of
title IV of the Employee Retirement
the General Counsel, Pension Benefit
Issued in Renton, Washington, on April 15, Income Security Act of 1974 (ERISA).
Guaranty Corporation, 1200 K Street
2016. Under ERISA sections 4006 and 4007,
NW., Washington, DC 20005–4026; 202–
Victor Wicklund, plans covered by title IV must pay
326–4024. (TTY and TDD users may call
Acting Manager, Transport Airplane premiums to PBGC. PBGC’s premium
the Federal relay service toll-free at
Directorate, Aircraft Certification Service. regulations—on Premium Rates (29 CFR
800–877–8339 and ask to be connected
[FR Doc. 2016–09643 Filed 4–27–16; 8:45 am] part 4006) and on Payment of Premiums
to 202–326–4024.)
BILLING CODE 4910–13–P
(29 CFR part 4007)—implement ERISA
SUPPLEMENTARY INFORMATION: sections 4006 and 4007.
Executive Summary ERISA section 4007(b)(1) provides
PENSION BENEFIT GUARANTY that if a premium is not paid when due,
Purpose of the Regulatory Action PBGC is authorized to assess a penalty
CORPORATION
This proposed rule is needed to up to 100 percent of the overdue
29 CFR Part 4007 reduce the financial burden of PBGC’s amount. The statute does not condition
late premium penalties. The rulemaking exercise of this authority on a finding of
RIN 1212–AB32
would reduce penalty rates for all plans bad faith or lack of due care; it is solely
Payment of Premiums; Late Payment and waive most of the penalty for plans based on the failure to pay.1 However,
Penalty Relief that meet a standard for good the fact that assessment is authorized
compliance with premium (rather than mandated)—and thus that
AGENCY: Pension Benefit Guaranty PBGC could choose not to exercise the
requirements.
Corporation. authority at all—indicates that PBGC
PBGC’s legal authority for this action
ACTION: Proposed rule. has the flexibility to assess less than the
comes from section 4002(b)(3) of the
Employee Retirement Income Security full amount of penalty authorized and to
SUMMARY: The Pension Benefit Guaranty reduce or eliminate a penalty.2
Corporation (PBGC) proposes to lower Act of 1974 (ERISA), which authorizes
PBGC to issue regulations to carry out PBGC has provided for the exercise of
the rates of penalty charged for late
the purposes of title IV of ERISA, and its authority to impose penalties in the
payment of premiums by all plans, and
section 4007 of ERISA, which gives premium payment regulation. Under
to provide a waiver of most of the
PBGC authority to assess late payment § 4007.8 of the regulation, late payment
penalty for plans with a demonstrated
penalties. penalties accrue at the rate of 1 percent
commitment to premium compliance.
or 5 percent per month (or portion of a
PBGC seeks public comment on its Major Provisions of the Regulatory month) of the unpaid amount, except
proposal. Action that the smallest penalty assessed is the
DATES: Comments must be submitted on lesser of $25 or the amount of unpaid
or before June 27, 2016. The penalty for late payment of a
premium is a percentage of the amount premium. Whether the 1-percent or 5-
ADDRESSES: Comments, identified by percent rate applies depends on
paid late multiplied by the number of
Regulation Identifier Number (RIN) whether the underpayment is ‘‘self-
full or partial months the amount is late,
1212–AB32, may be submitted by any of corrected’’ or not. Self-correction refers
subject to a floor of $25 (or the amount
the following methods: to payment of the delinquent amount
of premium paid late, if less). There are
• Federal eRulemaking Portal: http:// before PBGC gives written notice of a
currently two levels of penalty: 1
www.regulations.gov. Follow the Web possible delinquency. One-percent
Percent per month (with a 50 percent
site instructions for submitting penalties are capped by the regulation at
cap) and 5 percent per month (capped
comments. 50 percent and 5-percent penalties at
• Email: reg.comments@pbgc.gov. at 100 percent). The lower rate applies
to ‘‘self-correction’’—that is, where the 100 percent of the unpaid amount.
• Fax: 202–326–4112. Thus, although penalties can be
• Mail or Hand Delivery: Regulatory premium underpayment is corrected
significant in some cases, they are
Affairs Group, Office of the General before PBGC gives notice that there is or
may be an underpayment. This generally assessed in amounts far less
Counsel, Pension Benefit Guaranty than the statutory maximum.
Corporation, 1200 K Street NW., proposed rule would cut the rates and
caps in half (to 1⁄2 percent with a 25 This two-tiered structure provides an
Washington, DC 20005–4026.
All submissions must include the percent cap and 21⁄2 percent with a 50 incentive to self-correct and reflects
Regulation Identifier Number for this percent cap, respectively) and eliminate PBGC’s judgment that those that come
rulemaking (RIN 1212–AB32). the floor. forward voluntarily to correct
Comments received, including personal The rulemaking would also create a underpayments deserve more
information provided, will be posted to new penalty waiver that would apply to forbearance than those that PBGC
www.pbgc.gov. Copies of comments may underpayments by plans with good identifies through its premium
also be obtained by writing to compliance histories if corrected enforcement programs.
Disclosure Division, Office of the promptly after notice from PBGC. Under
mstockstill on DSK5VPTVN1PROD with PROPOSALS
1 The statute provides a waiver of penalty for 60
General Counsel, Pension Benefit the proposal, PBGC would waive 80
days if PBGC finds that timely payment would
Guaranty Corporation, 1200 K Street percent of the penalty otherwise cause substantial hardship, but PBGC may not grant
NW., Washington, DC 20005–4026, or applicable to such a plan. Thus, the the waiver if it appears that the plan will be unable
calling 202–326–4040 during normal penalty would be reduced from 21⁄2 to pay the premium within 60 days. PBGC has
business hours. (TTY and TDD users percent per month (with a 50 percent found no record that such a waiver has ever been
granted during the agency’s 40+ years of existence.
may call the Federal relay service toll- cap) to 1⁄2 percent per month (with a 25 2 In contrast, the statute requires that interest on
free at 1–800–877–8339 and ask to be percent cap)—the same result as if the late premiums ‘‘shall be paid’’ at a specified rate for
connected to 202–326–4040.) plan had self-corrected. the overdue period.
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Document Created: 2016-04-28 01:05:52
Document Modified: 2016-04-28 01:05:52
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking (NPRM). | |
| Dates | We must receive comments on this proposed AD by June 13, 2016. | |
| Contact | Wade Sullivan, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917- 6430; fax: 425-917-6590; email: [email protected] | |
| FR Citation | 81 FR 25360 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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