81 FR 27989 - Airworthiness Directives; The Boeing Company Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 81, Issue 89 (May 9, 2016)
Federal Aviation Administration
Federal Register Volume 81, Issue 89 (May 9, 2016)
| Page Range | 27989-27992 | |
| FR Document | 2016-10524 |
[Federal Register Volume 81, Number 89 (Monday, May 9, 2016)] [Rules and Regulations] [Pages 27989-27992] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-10524] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-0246; Directorate Identifier 2014-NM-187-AD; Amendment 39-18511; AD 2016-09-13] 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 fatigue cracking found at the left-side and right-side upper frames, at a certain area. This AD requires repetitive medium frequency eddy current (MFEC) inspections for cracking of the left-side and right-side upper frames, and repair (including open hole high frequency eddy current (HFEC) inspections for cracking of fastener holes) if necessary. This AD also provides an optional preventive modification, which terminates the repetitive inspections at the modified location. We are issuing this AD to detect and correct fatigue cracking of the upper frame, which can grow in size and result in a severed frame, leading to rapid decompression and consequent reduced structural integrity of the airplane. DATES: This AD is effective June 13, 2016. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of June 13, 2016. ADDRESSES: 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 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- 0264. 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- 0246; 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: Galib Abumeri, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, California 90712- 4137; phone: 562-627-5324; 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 February 24, 2015 (80 FR 9667) (``the NPRM''). The NPRM was prompted by reports of fatigue cracking found at the left- side and right-side upper frame, at a certain area. The NPRM proposed to require repetitive MFEC inspections for cracking of the left-side and right-side upper frames, and repair (including open hole HFEC inspections for cracking of fastener holes) if necessary. The NPRM also provided an optional preventative modification that would terminate the repetitive inspections at the modified location. We are issuing this AD to detect and correct fatigue cracking of the upper frame, which can grow in size and result in a severed frame, leading to rapid decompression and consequent reduced 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. Requests To Clarify Compliance Time Europe Airpost and Boeing requested that we revise the NPRM to clarify the ``Condition'' column of table 1 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-53A1339, dated August 12, 2014, which specifies airplanes with certain flight cycles ``on the original issue date of this service bulletin.'' The commenters questioned whether the corresponding compliance time should be ``on the effective date of the AD.'' For the reasons suggested by both commenters, we agree to add paragraph (i)(3) to this AD to state that the corresponding reference point is on the effective date of this AD, and we have included reference to paragraph (i)(3) in all appropriate paragraphs in this AD. Request for Clarify Inspection Requirements Boeing requested that we revise paragraph (g) of the proposed AD to address the inspection requirements in areas of an existing repair to eliminate cracking approved by a Boeing Organization Designation Authorization (ODA) via FAA Form 8100-9. Boeing explained that this condition is addressed in note (c) of table 1 of paragraph 1.E., ``Compliance,'' of Boeing [[Page 27990]] Alert Service Bulletin 737-53A1339, dated August 12, 2014, and that it effectively terminates the initial and repetitive inspections required by paragraph (g) of the proposed AD for previously installed frame repairs approved by the Boeing ODA via FAA Form 8100-9. Boeing requested that the proposed AD address the terminating action for this repair condition. We agree that clarification is necessary. Boeing ODA-approved repairs installed prior to the effective date of this AD are acceptable to terminate the initial and repetitive inspections in the area under the repair. We have revised paragraph (g) of this AD accordingly, and added a new paragraph (g)(1) in this AD. Request To Clarify Required for Compliance (RC) Requirements Southwest Airlines requested that we clarify paragraph (l)(4) of the proposed AD. Southwest Airlines explained that note 15 in paragraph 3.A., ``General Information,'' of Boeing Alert Service Bulletin 737- 53A1339, dated August 12, 2014, states that steps in the Work Instructions that are identified as RC must be accomplished once the actions specified in Boeing Alert Service Bulletin 737-53A1339, dated August 12, 2014, becomes mandated by an AD. Southwest Airlines stated that note 15 also states that deviations to steps that are not identified as RC do not require approval of an Alternative Method of Compliance (AMOC). Southwest Airlines stated that paragraph (l)(4) of the proposed AD specifies that any service information that is identified as RC requires AMOC approval except as required by paragraph (i)(1) of the proposed AD. Paragraph (k) of the proposed AD states that the post-repair and post-modification inspections are not mandated by the AD, so it is unclear whether the proposed AD would require the operator to contact Boeing if there are crack findings during the post- repair and post-modification inspections, and whether or not the resulting repairs are subject to the requirements of the AD. We agree to provide clarification. Paragraph (k) of this AD states that the post-repair and post-modification inspections specified in tables 4 and 5 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-53A1339, dated August 12, 2014, are not required by this AD (tables 4 and 5 correspond to Parts 6 and 7, respectively, of the service information.). The RC steps in those parts are also not required by this AD. Any cracking found--whether during accomplishment of the actions required by an AD or during routine maintenance--is required by 14 CFR 43.13(b) to be repaired before further flight. However, for clarity, we have revised paragraph (i)(1) of this AD to refer only to Part 3 and Part 4 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737-53A1339, dated August 12, 2014. In addition, we have revised paragraph (l)(4) of this AD to refer to Part 2, Part 3, and Part 4 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737-53A1339, dated August 12, 2014. Request To Address Repairs for Damage Other Than Cracking Southwest Airlines stated that the NPRM does not specifically address existing repairs that prevent accomplishment of the inspections proposed in paragraph (g) of the proposed AD. Note (c) in table 1 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737- 53A1339, dated August 12, 2014, specifies that an ODA-approved repair, via FAA Form 8100-9, installed to eliminate previously found cracking, eliminates the need for the repetitive inspections at the repaired locations. Southwest requested that we revise the NPRM to apply this provision to repairs for damage other than cracking. Southwest Airlines also requested that we specifically state that any repair approved by Boeing via an FAA 8100-9 combined with approval of an AMOC to paragraph (h) of the proposed AD terminates both the initial and repetitive inspections required by paragraph (g) of the proposed AD. We agree to add clarification regarding initial and repetitive inspections. To provide additional clarification in the rule we have revised the wording in paragraphs (g) and (h) of this AD. Also, we agree to revise the NPRM to include in this final rule, the provision for repairs for cracking in paragraph (g)(1) of this AD, and the provision for repairs that were installed for damage other than cracking that have been re-evaluated and approved by the Boeing ODA with an FAA Form 8100-9 combined with an AMOC statement, in paragraph (g)(2) of this AD. Effect of Winglets on the 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/ ebd1cec7b301293e86257cb30045557a/$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) in this AD, and have 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 final rule. 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. Change to Paragraph (k) of This AD We have revised paragraph (k) of this AD to clarify that the post- modification inspections are airworthiness limitations that are required by maintenance and operational rules; therefore, these inspections are not required by this AD. 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 Boeing has issued Boeing Alert Service Bulletin 737-53A1339, dated August 12, 2014. The service information describes procedures for repetitive MFEC inspections for cracking, repair the cracking including doing an open hole HFEC inspections for cracking of the holes, and an optional modification of an inspection area including open hole and surface HFEC inspections for cracking of the area to be modified. 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 109 airplanes of U.S. registry. We estimate the following costs to comply with this AD: [[Page 27991]] Estimated Costs ---------------------------------------------------------------------------------------------------------------- Cost on U.S. Action Labor cost Parts cost Cost per product operators ---------------------------------------------------------------------------------------------------------------- Inspections.................... 14 work-hours x $85 per $0 $1,190 per $129,710 per hour = $1,190 per inspection cycle. inspection cycle. inspection cycle. Preventive modification 15 work-hours x $85 per 0 $1,275............ $138,975. (optional). hour = $1,275. ---------------------------------------------------------------------------------------------------------------- We estimate the following costs to do any necessary on-condition actions that would be required based on the results of the inspection. We have no way of determining the number of aircraft that might need these actions: On-Condition Costs ---------------------------------------------------------------------------------------------------------------- Cost per Action Labor cost Parts cost product ---------------------------------------------------------------------------------------------------------------- Repair and open hole HFEC inspection.... 36 work-hours x $85 per hour = $0 $3,060 $3,060. ---------------------------------------------------------------------------------------------------------------- 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): 2016-09-13 The Boeing Company: Amendment 39-18511; Docket No. FAA- 2015-0246; Directorate Identifier 2014-NM-187-AD. (a) Effective Date This AD is effective June 13, 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 737-53A1339, dated August 12, 2014. (2) Installation of Supplemental Type Certificate (STC) ST01219SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/ rgstc.nsf/0/ebd1cec7b301293e86257cb30045557a/$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 found at the left-side and right-side upper frames, at station 360 between stringer 13 and stringer 14. We are issuing this AD to detect and correct fatigue cracking of the upper frame, which can grow in size and result in a severed frame, leading to rapid decompression and consequent reduced structural integrity of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Repetitive Inspections for Cracking Except as required by paragraphs (i)(2) and (i)(3) of this AD: At the applicable times specified in table 1 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-53A1339, dated August 12, 2014, do a medium frequency eddy current (MFEC) inspection for cracking on the left-side and right-side of the upper frame at station 360 between stringer 13 and stringer 14, in accordance with Part 2 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737-53A1339, dated August 12, 2014. If no cracking is found, repeat the inspections at the applicable times specified in table 1 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-53A1339, dated August 12, 2014. Accomplishment of the actions specified in paragraph (j) of this AD terminates the repetitive inspections required by this paragraph at the modified area only. The initial and repetitive inspections required by this paragraph may be terminated in the area under repairs installed prior to the effective date of this AD, provided they meet the requirements of paragraph (g)(1) or (g)(2) of this AD. (1) Repairs were installed to eliminate previously found cracking and were [[Page 27992]] approved by the Boeing Organization Designation Authorization (ODA) with an FAA Form 8100-9. (2) Repairs were installed for damage other than cracking that have been re-evaluated and approved by the Boeing ODA with an FAA Form 8100-9 that includes an alternative method of compliance (AMOC) statement to paragraph (h) of this AD. (h) Repair If any cracking is found during any inspection required by paragraph (g) of this AD: Before further flight, repair the cracking including doing an open hole high frequency eddy current (HFEC) inspection for cracking of the holes, in accordance with Part 3 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737-53A1339, dated August 12, 2014, except as required by paragraph (i)(1) of this AD. Repair of any crack terminates the initial and repetitive inspection requirements of paragraph (g) of this AD for the repaired area only. If any cracking is found during any inspection required by this paragraph, before further flight, repair using a method approved in accordance with the procedures specified in paragraph (l) of this AD. (i) Exceptions to Service Information Specifications (1) Where Part 3 and Part 4 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737-53A1339, dated August 12, 2014, specifies contacting Boeing for repair instructions: Before further flight, repair using a method approved in accordance with the procedures specified in paragraph (l) of this AD. (2) Where Boeing Alert Service Bulletin 737-53A1339, dated August 12, 2014, specifies a compliance time ``after the original issue date of this service bulletin,'' this AD requires compliance within the specified time after the effective date of this AD. (3) Where the Condition column of table 1 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-53A1339, dated August 12, 2014, specifies a reference point ``on the original issue date of this service bulletin,'' for this AD the corresponding reference point is on the effective date of this AD. (j) Optional Preventive Modification Modification of an inspection area specified in paragraph (g) of this AD, including open hole and surface HFEC inspections for cracking of the area to be modified, in accordance with Part 4 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737-53A1339, dated August 12, 2014, except as required by paragraph (i)(1) of this AD, terminates the repetitive inspections required by paragraph (g) of this AD at the modified location only. (k) Post-Repair and Post-Modification Inspections Tables 4 and 5 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-53A1339, dated August 12, 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) An AMOC that provides an acceptable level of safety may be used for any repair required by this AD if it is approved by Boeing Commercial Airplanes ODA that has been authorized by the Manager, Los Angeles ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD. (4) Except as required by paragraph (i)(1) of this AD: Where Part 2, Part 3, and Part 4 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737-53A1339, dated August 12, 2014, contains steps that are labeled as 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 For more information about this AD, contact Galib Abumeri, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, California 90712-4137; phone: 562-627-5324; 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 737-53A1339, dated August 12, 2014. (ii) Reserved. (3) For Boeing 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 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 April 28, 2016. Dionne Palermo, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2016-10524 Filed 5-6-16; 8:45 am] BILLING CODE 4910-13-P
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paragraph under 5 U.S.C. 552(a) and 1 CFR and right-side upper frames, and repair Discussion
part 51. (including open hole high frequency
(2) You must use this service information We issued a notice of proposed
eddy current (HFEC) inspections for rulemaking (NPRM) to amend 14 CFR
as applicable to do the actions required by
cracking of fastener holes) if necessary. part 39 by adding an AD that would
this AD, unless this AD specifies otherwise.
(i) Airbus Service Bulletin A330–57–3114, This AD also provides an optional apply to certain The Boeing Company
dated March 12, 2013. preventive modification, which Model 737–300, –400, and –500 series
(ii) Airbus Service Bulletin A330–57–3115, terminates the repetitive inspections at airplanes. The NPRM published in the
dated April 4, 2013. the modified location. We are issuing Federal Register on February 24, 2015
(iii) Airbus Service Bulletin A330–57– this AD to detect and correct fatigue (80 FR 9667) (‘‘the NPRM’’). The NPRM
3116, dated March 12, 2013. cracking of the upper frame, which can was prompted by reports of fatigue
(iv) Airbus Service Bulletin A340–57– grow in size and result in a severed
4123, dated March 12, 2013. cracking found at the left-side and right-
frame, leading to rapid decompression side upper frame, at a certain area. The
(v) Airbus Service Bulletin A340–57–4124,
Revision 01, dated August 22, 2013. and consequent reduced structural NPRM proposed to require repetitive
(vi) Airbus Service Bulletin A340–57– integrity of the airplane. MFEC inspections for cracking of the
4125, dated March 12, 2013. DATES: This AD is effective June 13, left-side and right-side upper frames,
(3) For service information identified in 2016. and repair (including open hole HFEC
this AD, contact Airbus SAS, Airworthiness The Director of the Federal Register inspections for cracking of fastener
Office—EAL, 1 Rond Point Maurice Bellonte, holes) if necessary. The NPRM also
31707 Blagnac Cedex, France; telephone +33
approved the incorporation by reference
of a certain publication listed in this AD provided an optional preventative
5 61 93 36 96; fax +33 5 61 93 45 80; email
as of June 13, 2016. modification that would terminate the
airworthiness.A330-A340@airbus.com;
Internet http://www.airbus.com. repetitive inspections at the modified
ADDRESSES: For service information
(4) You may view this service information location. We are issuing this AD to
identified in this AD, contact Boeing
at the FAA, Transport Airplane Directorate, detect and correct fatigue cracking of the
Commercial Airplanes, Attention: Data upper frame, which can grow in size
1601 Lind Avenue SW., Renton, WA. For
information on the availability of this
& Services Management, P.O. Box 3707, and result in a severed frame, leading to
material at the FAA, call 425–227–1221. MC 2H–65, Seattle, WA 98124–2207; rapid decompression and consequent
(5) You may view this service information telephone 206–544–5000, extension 1; reduced structural integrity of the
that is incorporated by reference at the fax 206–766–5680; Internet https:// airplane.
National Archives and Records www.myboeingfleet.com. You may view
Administration (NARA). For information on this referenced service information at Comments
the availability of this material at NARA, call the FAA, Transport Airplane We gave the public the opportunity to
202–741–6030, or go to: http://www.archives. Directorate, 1601 Lind Avenue SW.,
gov/federal-register/cfr/ibr-locations.html.
participate in developing this AD. The
Renton, WA. For information on the following presents the comments
Issued in Renton, Washington, on April 21, availability of this material at the FAA, received on the NPRM and the FAA’s
2016. call 425–227–1221. It is also available response to each comment.
Michael Kaszycki, on the Internet at http://
Acting Manager, Transport Airplane www.regulations.gov by searching for Requests To Clarify Compliance Time
Directorate, Aircraft Certification Service. and locating Docket No. FAA–2015– Europe Airpost and Boeing requested
[FR Doc. 2016–10287 Filed 5–6–16; 8:45 am] 0264. that we revise the NPRM to clarify the
BILLING CODE 4910–13–P ‘‘Condition’’ column of table 1 of
Examining the AD Docket paragraph 1.E., ‘‘Compliance,’’ of Boeing
You may examine the AD docket on Alert Service Bulletin 737–53A1339,
DEPARTMENT OF TRANSPORTATION the Internet at http:// dated August 12, 2014, which specifies
www.regulations.gov by searching for airplanes with certain flight cycles ‘‘on
Federal Aviation Administration and locating Docket No. FAA–2015– the original issue date of this service
0246; or in person at the Docket bulletin.’’ The commenters questioned
14 CFR Part 39 Management Facility between 9 a.m. whether the corresponding compliance
[Docket No. FAA–2015–0246; Directorate and 5 p.m., Monday through Friday, time should be ‘‘on the effective date of
Identifier 2014–NM–187–AD; Amendment except Federal holidays. The AD docket the AD.’’
39–18511; AD 2016–09–13] contains this AD, the regulatory For the reasons suggested by both
evaluation, any comments received, and commenters, we agree to add paragraph
RIN 2120–AA64 (i)(3) to this AD to state that the
other information. The address for the
Docket Office (phone: 800–647–5527) is corresponding reference point is on the
Airworthiness Directives; The Boeing
Docket Management Facility, U.S. effective date of this AD, and we have
Company Airplanes
Department of Transportation, Docket included reference to paragraph (i)(3) in
AGENCY: Federal Aviation Operations, M–30, West Building all appropriate paragraphs in this AD.
Administration (FAA), DOT. Ground Floor, Room W12–140, 1200 Request for Clarify Inspection
ACTION: Final rule. New Jersey Avenue SE., Washington, Requirements
DC 20590.
SUMMARY: We are adopting a new Boeing requested that we revise
airworthiness directive (AD) for certain FOR FURTHER INFORMATION CONTACT: paragraph (g) of the proposed AD to
The Boeing Company Model 737–300, Galib Abumeri, Aerospace Engineer, address the inspection requirements in
mstockstill on DSK3G9T082PROD with RULES
–400, and –500 series airplanes. This Airframe Branch, ANM–120L, FAA, Los areas of an existing repair to eliminate
AD was prompted by reports of fatigue Angeles Aircraft Certification Office cracking approved by a Boeing
cracking found at the left-side and right- (ACO), 3960 Paramount Boulevard, Organization Designation Authorization
side upper frames, at a certain area. This Lakewood, California 90712–4137; (ODA) via FAA Form 8100–9. Boeing
AD requires repetitive medium phone: 562–627–5324; fax: 562–627– explained that this condition is
frequency eddy current (MFEC) 5210; email: galib.abumeri@faa.gov. addressed in note (c) of table 1 of
inspections for cracking of the left-side SUPPLEMENTARY INFORMATION: paragraph 1.E., ‘‘Compliance,’’ of Boeing
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ESTIMATED COSTS
Action Labor cost Parts cost Cost per product Cost on U.S. operators
Inspections .................... 14 work-hours × $85 per hour = $1,190 per in- $0 $1,190 per inspection $129,710 per inspection
spection cycle. cycle. cycle.
Preventive modification 15 work-hours × $85 per hour = $1,275 ............ 0 $1,275 .......................... $138,975.
(optional).
We estimate the following costs to do would be required based on the results determining the number of aircraft that
any necessary on-condition actions that of the inspection. We have no way of might need these actions:
ON-CONDITION COSTS
Cost per
Action Labor cost Parts cost product
Repair and open hole HFEC inspection ... 36 work-hours × $85 per hour = $3,060 .......................................... $0 $3,060
Authority for This Rulemaking under the criteria of the Regulatory compliance (AMOC) approval request is not
Flexibility Act. necessary to comply with the requirements of
Title 49 of the United States Code 14 CFR 39.17.
specifies the FAA’s authority to issue List of Subjects in 14 CFR Part 39
(d) Subject
rules on aviation safety. Subtitle I, Air transportation, Aircraft, Aviation
section 106, describes the authority of Air Transport Association (ATA) of
safety, Incorporation by reference, America Code 53: Fuselage.
the FAA Administrator. Subtitle VII: Safety.
Aviation Programs, describes in more (e) Unsafe Condition
detail the scope of the Agency’s Adoption of the Amendment This AD was prompted by reports of
authority. Accordingly, under the authority fatigue cracking found at the left-side and
We are issuing this rulemaking under delegated to me by the Administrator, right-side upper frames, at station 360
the authority described in Subtitle VII, the FAA amends 14 CFR part 39 as between stringer 13 and stringer 14. We are
Part A, Subpart III, Section 44701: follows: issuing this AD to detect and correct fatigue
cracking of the upper frame, which can grow
‘‘General requirements.’’ Under that
in size and result in a severed frame, leading
section, Congress charges the FAA with PART 39—AIRWORTHINESS
to rapid decompression and consequent
promoting safe flight of civil aircraft in DIRECTIVES reduced structural integrity of the airplane.
air commerce by prescribing regulations
for practices, methods, and procedures ■ 1. The authority citation for part 39 (f) Compliance
the Administrator finds necessary for continues to read as follows: Comply with this AD within the
safety in air commerce. This regulation Authority: 49 U.S.C. 106(g), 40113, 44701. compliance times specified, unless already
is within the scope of that authority done.
§ 39.13 [Amended]
because it addresses an unsafe condition (g) Repetitive Inspections for Cracking
that is likely to exist or develop on ■ 2. The FAA amends § 39.13 by adding Except as required by paragraphs (i)(2) and
products identified in this rulemaking the following new airworthiness (i)(3) of this AD: At the applicable times
action. directive (AD): specified in table 1 of paragraph 1.E.,
2016–09–13 The Boeing Company: ‘‘Compliance,’’ of Boeing Alert Service
Regulatory Findings Bulletin 737–53A1339, dated August 12,
Amendment 39–18511; Docket No.
This AD will not have federalism FAA–2015–0246; Directorate Identifier 2014, do a medium frequency eddy current
2014–NM–187–AD. (MFEC) inspection for cracking on the left-
implications under Executive Order
side and right-side of the upper frame at
13132. This AD will not have a (a) Effective Date station 360 between stringer 13 and stringer
substantial direct effect on the States, on 14, in accordance with Part 2 of the
This AD is effective June 13, 2016.
the relationship between the national Accomplishment Instructions of Boeing Alert
government and the States, or on the (b) Affected ADs Service Bulletin 737–53A1339, dated August
distribution of power and None. 12, 2014. If no cracking is found, repeat the
responsibilities among the various inspections at the applicable times specified
(c) Applicability in table 1 of paragraph 1.E., ‘‘Compliance,’’
levels of government.
For the reasons discussed above, I (1) This AD applies to The Boeing of Boeing Alert Service Bulletin 737–
Company Model 737–300, –400, and –500 53A1339, dated August 12, 2014.
certify that this AD: series airplanes, certificated in any category, Accomplishment of the actions specified in
(1) Is not a ‘‘significant regulatory as identified in Boeing Alert Service Bulletin paragraph (j) of this AD terminates the
action’’ under Executive Order 12866, 737–53A1339, dated August 12, 2014. repetitive inspections required by this
(2) Is not a ‘‘significant rule’’ under (2) Installation of Supplemental Type paragraph at the modified area only. The
mstockstill on DSK3G9T082PROD with RULES
DOT Regulatory Policies and Procedures Certificate (STC) ST01219SE (http://rgl.faa. initial and repetitive inspections required by
(44 FR 11034, February 26, 1979), gov/Regulatory_and_Guidance_Library/ this paragraph may be terminated in the area
rgstc.nsf/0/ebd1cec7b301293e86257cb30 under repairs installed prior to the effective
(3) Will not affect intrastate aviation
045557a/$FILE/ST01219SE.pdf) does not date of this AD, provided they meet the
in Alaska, and affect the ability to accomplish the actions requirements of paragraph (g)(1) or (g)(2) of
(4) Will not have a significant required by this AD. Therefore, for airplanes this AD.
economic impact, positive or negative, on which STC ST01219SE is installed, a (1) Repairs were installed to eliminate
on a substantial number of small entities ‘‘change in product’’ alternative method of previously found cracking and were
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![27992 Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Rules and Regulations
approved by the Boeing Organization modified locations, which support paragraph under 5 U.S.C. 552(a) and 1 CFR
Designation Authorization (ODA) with an compliance with 14 CFR 121.1109(c)(2) or part 51.
FAA Form 8100–9. 129.109(b)(2). As airworthiness limitations, (2) You must use this service information
(2) Repairs were installed for damage other these inspections are required by as applicable to do the actions required by
than cracking that have been re-evaluated maintenance and operational rules. It is this AD, unless the AD specifies otherwise.
and approved by the Boeing ODA with an therefore unnecessary to mandate them in (i) Boeing Alert Service Bulletin 737–
FAA Form 8100–9 that includes an this AD. Deviations from these inspections 53A1339, dated August 12, 2014.
alternative method of compliance (AMOC) require FAA approval, but do not require an (ii) Reserved.
statement to paragraph (h) of this AD. alternative method of compliance. (3) For Boeing service information
identified in this AD, contact Boeing
(h) Repair (l) Alternative Methods of Compliance Commercial Airplanes, Attention: Data &
If any cracking is found during any (AMOCs) Services Management, P.O. Box 3707, MC
inspection required by paragraph (g) of this (1) The Manager, Los Angeles Aircraft 2H–65, Seattle, WA 98124–2207; telephone
AD: Before further flight, repair the cracking Certification Office (ACO), FAA, has the 206–544–5000, extension 1; fax 206–766–
including doing an open hole high frequency authority to approve AMOCs for this AD, if 5680; Internet https://
eddy current (HFEC) inspection for cracking requested using the procedures found in 14 www.myboeingfleet.com.
of the holes, in accordance with Part 3 of the CFR 39.19. In accordance with 14 CFR 39.19, (4) You may view this service information
Accomplishment Instructions of Boeing Alert send your request to your principal inspector at FAA, Transport Airplane Directorate, 1601
Service Bulletin 737–53A1339, dated August or local Flight Standards District Office, as Lind Avenue SW., Renton, WA. For
12, 2014, except as required by paragraph appropriate. If sending information directly information on the availability of this
(i)(1) of this AD. Repair of any crack to the manager of the ACO, send it to the material at the FAA, call 425–227–1221.
terminates the initial and repetitive attention of the person identified in (5) You may view this service information
inspection requirements of paragraph (g) of paragraph (m) of this AD. Information may be that is incorporated by reference at the
this AD for the repaired area only. If any emailed to: 9-ANM-LAACO-AMOC- National Archives and Records
cracking is found during any inspection REQUESTS@faa.gov. Administration (NARA). For information on
required by this paragraph, before further (2) Before using any approved AMOC, the availability of this material at NARA, call
flight, repair using a method approved in notify your appropriate principal inspector, 202–741–6030, or go to: http://www.archives.
accordance with the procedures specified in or lacking a principal inspector, the manager gov/federal-register/cfr/ibr-locations.html.
paragraph (l) of this AD. of the local flight standards district office/
Issued in Renton, Washington, on April 28,
(i) Exceptions to Service Information certificate holding district office.
2016.
Specifications (3) An AMOC that provides an acceptable
level of safety may be used for any repair Dionne Palermo,
(1) Where Part 3 and Part 4 of the Acting Manager, Transport Airplane
required by this AD if it is approved by
Accomplishment Instructions of Boeing Alert Directorate, Aircraft Certification Service.
Boeing Commercial Airplanes ODA that has
Service Bulletin 737–53A1339, dated August
12, 2014, specifies contacting Boeing for been authorized by the Manager, Los Angeles [FR Doc. 2016–10524 Filed 5–6–16; 8:45 am]
repair instructions: Before further flight, ACO, to make those findings. For a repair BILLING CODE 4910–13–P
repair using a method approved in method to be approved, the repair must meet
accordance with the procedures specified in the certification basis of the airplane, and the
paragraph (l) of this AD. approval must specifically refer to this AD.
(2) Where Boeing Alert Service Bulletin (4) Except as required by paragraph (i)(1) DEPARTMENT OF HOMELAND
737–53A1339, dated August 12, 2014, of this AD: Where Part 2, Part 3, and Part 4 SECURITY
specifies a compliance time ‘‘after the of the Accomplishment Instructions of
original issue date of this service bulletin,’’ Boeing Alert Service Bulletin 737–53A1339, Coast Guard
this AD requires compliance within the dated August 12, 2014, contains steps that
specified time after the effective date of this are labeled as RC, the provisions of 33 CFR Parts 97 and 160
AD. paragraphs (l)(4)(i) and (l)(4)(ii) of this AD
(3) Where the Condition column of table 1 apply.
(i) The steps labeled as RC, including
46 CFR Part 97
of paragraph 1.E., ‘‘Compliance,’’ of Boeing
Alert Service Bulletin 737–53A1339, dated substeps under an RC step and any figures [Docket No. USCG–2000–7080]
August 12, 2014, specifies a reference point identified in an RC step, must be done to
‘‘on the original issue date of this service comply with the AD. An AMOC is required RIN 1625–AA25 [Formerly RIN 2115–AF97]
bulletin,’’ for this AD the corresponding for any deviations to RC steps, including
reference point is on the effective date of this substeps and identified figures. Cargo Securing Manuals
AD. (ii) Steps not labeled as RC may be
deviated from using accepted methods in AGENCY:Coast Guard, DHS.
(j) Optional Preventive Modification accordance with the operator’s maintenance Interim rule and request for
ACTION:
Modification of an inspection area or inspection program without obtaining comment.
specified in paragraph (g) of this AD, approval of an AMOC, provided the RC steps,
including open hole and surface HFEC including substeps and identified figures, can SUMMARY: The Coast Guard is issuing an
inspections for cracking of the area to be still be done as specified, and the airplane interim rule to require U.S. and foreign
modified, in accordance with Part 4 of the can be put back in an airworthy condition. self-propelled cargo vessels of 500 gross
Accomplishment Instructions of Boeing Alert
(m) Related Information tons or more, traveling on international
Service Bulletin 737–53A1339, dated August
12, 2014, except as required by paragraph For more information about this AD, voyages and carrying cargo that is other
(i)(1) of this AD, terminates the repetitive contact Galib Abumeri, Aerospace Engineer, than solid or liquid bulk cargo, to have
inspections required by paragraph (g) of this Airframe Branch, ANM–120L, FAA, Los cargo securing manuals (CSMs) on
AD at the modified location only. Angeles Aircraft Certification Office (ACO), board. The rule also requires those
3960 Paramount Boulevard, Lakewood, vessels to comply with certain
(k) Post-Repair and Post-Modification
mstockstill on DSK3G9T082PROD with RULES
California 90712–4137; phone: 562–627– provisions of the International
Inspections 5324; fax: 562–627–5210; email: Convention for the Safety of Life at Sea,
Tables 4 and 5 of paragraph 1.E., galib.abumeri@faa.gov.
‘‘Compliance,’’ of Boeing Alert Service
1974 as amended (SOLAS), authorizes
Bulletin 737–53A1339, dated August 12, (n) Material Incorporated by Reference recognized classification societies or
2014, specify post-modification (1) The Director of the Federal Register other approval authorities to review and
airworthiness limitation inspections in approved the incorporation by reference approve CSMs on behalf of the Coast
compliance to 14 CFR 25.571(a)(3) at the (IBR) of the service information listed in this Guard; and prescribes when and how
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Document Created: 2018-02-07 14:49:52
Document Modified: 2018-02-07 14:49:52
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This AD is effective June 13, 2016. | |
| Contact | Galib Abumeri, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, California 90712- 4137; phone: 562-627-5324; fax: 562-627-5210; email: [email protected] | |
| FR Citation | 81 FR 27989 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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