81 FR 43483 - Airworthiness Directives; The Boeing Company Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 81, Issue 128 (July 5, 2016)
Federal Aviation Administration
Federal Register Volume 81, Issue 128 (July 5, 2016)
| Page Range | 43483-43488 | |
| FR Document | 2016-15291 |
[Federal Register Volume 81, Number 128 (Tuesday, July 5, 2016)] [Rules and Regulations] [Pages 43483-43488] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-15291] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-3628; Directorate Identifier 2015-NM-025-AD; Amendment 39-18574; AD 2016-13-10] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: We are superseding Airworthiness Directive (AD) 2012-12-04, for certain The Boeing Company Model 737-300, -400, and -500 series airplanes. AD 2012-12-04 required repetitive external detailed inspections and nondestructive inspections to detect cracks in the fuselage skin along the chem-mill steps at stringers S-1 and S-2R, between station (STA) 400 and STA 460, and repair if necessary. This new AD requires a preventive modification of the fuselage skin at crown stringers S-1 and S-2R. This new AD also reduces the inspection threshold for certain airplanes. This AD was prompted by a determination that, for certain airplanes, the skin pockets adjacent to the Air Traffic Control (ATC) antenna are susceptible to widespread fatigue damage. We are issuing this AD to detect and correct fatigue cracking of the fuselage skin panels at the chem-mill steps, which could result in sudden fracture and failure of the fuselage skin panels, and consequent rapid decompression of the airplane. DATES: This AD is effective August 9, 2016. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of August 9, 2016. The Director of the Federal Register approved the incorporation by reference of a certain other publication listed in [[Page 43484]] this AD as of July 23, 2012 (77 FR 36134, June 18, 2012). 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 https://www.regulations.gov by searching for and locating Docket No. FAA-2015- 3628. 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- 3628; 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 to supersede AD 2012-12-04, Amendment 39-17083 (77 FR 36134, June 18, 2012) (``AD 2012-12-04''). AD 2012-12-04 applied to certain The Boeing Company Model 737-300, -400, and -500 series airplanes. The NPRM published in the Federal Register on September 14, 2015 (80 FR 55045) (``the NPRM''). The NPRM was prompted by a determination that, for certain airplanes, the skin pockets adjacent to the ATC antenna are susceptible to widespread fatigue damage. The NPRM proposed to continue to require repetitive external detailed inspections and nondestructive inspections to detect cracks in the fuselage skin along the chem-mill steps at stringers S-1 and S-2R, between STA 400 and STA 460, and repair if necessary. The NPRM also proposed to require a preventive modification of the fuselage skin at crown stringers S-1 and S-2R. In addition, the NPRM proposed to revise certain compliance times. We are issuing this AD to detect and correct fatigue cracking of the fuselage skin panels at the chem-mill steps, which could result in sudden fracture and failure of the fuselage skin panels, and consequent rapid decompression 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 Changes Boeing asked that we change the NPRM preamble, which stated that the proposed AD would reduce the inspection thresholds ``and repetitive intervals'' for certain airplanes. Boeing stated that the repetitive inspection intervals specified in Boeing Alert Service Bulletin 737- 53A1293, Revision 3, dated January 23, 2015, remain unchanged from the previous version of the service information, which was mandated by AD 2012-12-04. Boeing added that Boeing Alert Service Bulletin 737- 53A1293, Revision 3, dated January 23, 2015, reduced only the inspection threshold for those airplanes. We agree with the commenter's request for the reason provided. We have changed the language in the SUMMARY of this final rule accordingly. Request To Clarify Acceptable Previous Alternative Methods of Compliance (AMOCs) Boeing and Southwest Airlines (SWA) asked that we revise paragraph (l)(4) of the proposed AD. Boeing requested that we state that AMOCs approved for AD 2012-12-04 are approved as AMOCs for ``all corresponding requirements''--instead of just the requirements of paragraph (g)--of the proposed AD. Boeing stated that this proposed change matches the wording in paragraph (l)(4) of AD 2012-12-04. SWA added that paragraph (l)(4) of the proposed AD does not provide credit for AMOCs approved for the actions specified in paragraphs (f) and (g) of AD 2008-19-03, Amendment 39-15670 (73 FR 56958, October 1, 2008) (``AD 2008-19-03''). (AD 2008-19-03 was superseded by AD 2012-12-04.) We agree to revise paragraph (n)(4) of this AD (paragraph (l)(4) of the proposed AD) to specify that AMOCs approved for AD 2012-12-04 are approved as AMOCs for all the corresponding provisions of this AD. It is not necessary, however, to state that AMOCs approved for AD 2008-19-03 are approved for the requirements of this AD. When AD 2008- 19-03 was superseded, the corresponding provisions of AD 2008-19-03 were retained in AD 2012-12-04. Therefore, no change to this final rule is necessary in this regard. Request To Separate Certain Actions for Clarification Boeing, ASL Airlines France, and SWA asked that we clarify the requirements of paragraph (h) of the proposed AD by separating the actions into two core paragraphs: One paragraph for ``Repairs'' and one paragraph for the ``Preventive Modification.'' Boeing stated that tables 1, 2, and 3 of Boeing Alert Service Bulletin 737-53A1293, Revision 3, dated January 23, 2015, address the repair and preventive modification instructions for Group 1 airplanes, and table 5 addresses repair instructions for Group 2 airplanes; therefore table 5 should not be included in paragraph (h)(2) of the proposed AD. Boeing also stated that Note (e) of tables 1, 2, and 3 of Boeing Alert Service Bulletin 737-53A1293, Revision 3, dated January 23, 2015, provides a terminating action provision for the repetitive inspections under the installed preventive modification doubler; therefore a terminating action should be added to paragraph (h)(2) of the proposed AD. ASL Airlines France stated that, as written, paragraph (h) of the proposed AD is confusing because it would require the preventive modification specified in paragraph (h)(2) of the proposed AD to be installed only if cracking is found. SWA stated that Boeing Alert Service Bulletin 737-53A1293, Revision 3, dated January 23, 2015, does not provide repair instructions for cracks found in four or more tear strap bays and certain other conditions, as specified in figure 6 or figure 8 of the Accomplishment Instructions. SWA asked that a provision be added to paragraph (h)(2) of the proposed AD to allow for both new and existing repairs to remain on the airplane if the repair covers all eight chem- mill step inspection areas between STA 410 and STA 450, if approved by the FAA or a Boeing-approved representative. [[Page 43485]] We agree with the commenters' requests for the reasons provided. We have separated paragraph (h) of the proposed AD into paragraphs (h) and (i) of this AD to clarify the actions identified by the commenters (and have redesignated subsequent paragraphs accordingly). Request To Add Exception for the Preventive Modification Boeing asked that we add a new exception to address the preventive modification. Boeing stated that paragraph (j)(3) of the proposed AD addresses repairs, and a similar paragraph needs to be added to address the preventive modification specified in Part 9 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737-53A1293, Revision 3, dated January 23, 2015; Part 9 specifies contacting Boeing for preventive modification instructions. Boeing added that the new exception should be done using a method approved by the FAA or a Boeing approved representative. We agree with the commenter's request. Part 9 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737-53A1293, Revision 3, dated January 23, 2015, specifies contacting Boeing for modification instructions if an existing repair is installed that was not accomplished in accordance with Boeing Alert Service Bulletin 737- 53A1293, Revision 3, dated January 23, 2015. We have revised paragraph (l)(3) of this AD (paragraph (j)(3) of the proposed AD) to include the exception to account for the preventive modification. Effect of Winglets on Accomplishment of the Proposed Actions Aviation Partners Boeing stated that accomplishing the supplemental type certificate (STC) ST01219SE does not affect the actions specified in the NPRM. We agree with the commenter. We have redesignated paragraph (c) of the proposed AD as (c)(1) and added new paragraph (c)(2) to this AD to state that installation of STC ST01219SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/BE866B732F6CF31086257B9700692796?OpenDocument&Highlight=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. Request To Restate the Optional Modification in AD 2012-12-04 Boeing and Al Nippon Airways (ANA) asked that the optional modification specified in paragraph (i) of AD 2012-12-04 be restated in this AD. The commenters stated that Section 1.F., ``Approval'' of Boeing Alert Service Bulletin 737-53A1305, Revision 1, dated September 19, 2012, includes approval of the accomplishment of the inspections and modifications, in accordance with that service information for the modified area only, as a method of compliance with the modification specified in paragraph (i) of AD 2012-12-04. The commenters added that since the optional modification is not restated in the proposed AD, this approval is now eliminated. We agree with the commenters for the reasons provided. We have restated the optional modification in new paragraph (j) of this AD (paragraph (i) of AD 2012-12-04), and redesignated subsequent paragraphs accordingly. Request To Clarify the Extent of AMOC Approvals Boeing asked whether AMOCs would be considered for ``preventive modifications,'' in addition to repairs, in paragraph (l)(3) of the proposed AD. Boeing stated that adding this would address the AMOC requirement for the mandatory preventive modification. We agree with the commenter's request because deviations to the mandated preventive modification are possible. Therefore, we have added ``modification'' (as well as ``alteration'') to paragraph (n)(3) of this AD (paragraph (l)(3) of the proposed AD). Request To Clarify Exception ASL Airlines France asked that we clarify the reference in paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737- 53A1293, Revision 3, dated January 23, 2015, specified in the ``Condition'' columns. The commenter stated that the flight-cycle compliance time referred to in these columns specifies ``at the Revision 3 date of this service bulletin'' instead of ``as of the effective date of this AD.'' The commenter asked that we include a new paragraph to clarify that ``as of the effective date of this AD'' should be used for compliance throughout the proposed AD. We acknowledge the commenter's concern; however, paragraph (l)(1) of the proposed AD already addressed this difference; paragraph (j)(2) of this AD retains this provision. Therefore, no change to this AD is necessary in this regard. Request To Correct Typographical Errors Boeing and ASL Airlines France asked that we correct the paragraph reference in Note 1 to paragraph (i) of the proposed AD and in paragraph (j)(3) of the proposed AD. The commenters stated that these are typographical errors. The information in Note 1 to paragraph (i) of the proposed AD has been included in paragraph (j) of this final rule (paragraph (i) of the proposed AD), therefore ``Note 1'' no longer exists. In light of this, the requested correction is not necessary in this regard. We have corrected the reference in paragraph (j)(3) of the proposed AD (paragraph (l)(3) of this AD) accordingly. Change to Paragraph (k) of This AD We have revised the language in paragraph (k) of this AD (paragraph (i) in the proposed AD) to clarify that the post-repair/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 We reviewed Boeing Alert Service Bulletin 737-53A1293, Revision 3, dated January 23, 2015. The service information describes procedures for repetitive external detailed inspections and non-destructive inspections to detect cracks in the fuselage skin along the chem-mill steps at stringers S-1 and S-2R, between STA 400 and STA 460, and repair of any cracking. The service information also describes procedures for a modification of the chem-mill steps at the locations identified, including related investigative actions and corrective actions, and repetitive post-mod inspections. This service information is reasonably available [[Page 43486]] 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 186 airplanes of U.S. registry. We estimate the following costs to comply with this AD: Estimated Costs ---------------------------------------------------------------------------------------------------------------- Cost on U.S. Action Labor cost Parts cost Cost per product operators ---------------------------------------------------------------------------------------------------------------- Retained inspections from AD 2012- Between 7 and 15 $0 Between $595 and Between $110,670 12-04. work-hours x $85 $1,275 per and $237,150 per per hour, inspection cycle. inspection cycle. depending on airplane configuration = between $595 and $1,275 per inspection cycle. New modification................. 236 work-hours x 1 $20,060............ $3,731,160. $85 per hour = $20,060. ---------------------------------------------------------------------------------------------------------------- \1\ We currently have no specific cost estimates associated with the parts necessary for the modification. We cannot determine the cost of the materials because the modification parts must be sized at the time the modification is installed, taking into account any existing repairs in the area. We have received no definitive data that enables us to provide a cost estimate for the on-condition actions specified in this AD. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, ``General requirements.'' Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. 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 removing Airworthiness Directive (AD) 2012-12-04, Amendment 39-17083 (77 FR 36134, June 18, 2012), and adding the following new AD: 2016-13-10 The Boeing Company: Amendment 39-18574; Docket No. FAA- 2015-3628; Directorate Identifier 2015-NM-025-AD. (a) Effective Date This AD is effective August 9, 2016. (b) Affected ADs This AD replaces AD 2012-12-04, Amendment 39-17083 (77 FR 36134, June 18, 2012) (``AD 2012-12-04''). (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 737-53A1293, Revision 3, dated January 23, 2015. (2) Installation of Supplemental Type Certificate (STC) ST01219SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/BE866B732F6CF31086257B9700692796?OpenDocument&Highlight=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'' 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 cracks found on the fuselage skin at the chem-mill steps, and the determination that, for certain airplanes, the skin pockets adjacent to the Air Traffic Control antenna are susceptible to widespread fatigue damage. We are issuing this AD to detect and correct fatigue cracking of the fuselage skin panels at the chem-mill steps, which could result in sudden fracture and failure of the fuselage skin panels, and consequent rapid decompression 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, 2, 3, and 5 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-53A1293, Revision 3, dated January 23, 2015, except as required by paragraphs (l)(1) and (l)(2) of this AD: Do the actions specified in paragraphs (g)(1) and (g)(2) of this AD, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 737- 53A1293, Revision 3, dated January 23, 2015, except as required by paragraph (l)(3) of this AD. Repeat the applicable inspections thereafter at the applicable times specified in paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-53A1293, Revision 3, dated January 23, 2015. [[Page 43487]] (1) Do an external detailed inspection for cracking of the fuselage skin chem-mill steps. (2) Do an external non-destructive (medium frequency eddy current, magneto optical imaging, C-Scan, or ultrasonic phased array) inspection for cracking of the fuselage skin chem-mill steps. (h) Repair If any cracking is found during any inspection required by paragraph (g) of this AD, do the applicable actions specified in paragraph (h)(1), (h)(2), or (h)(3) of this AD. (1) Repair before further flight in accordance with Part 2 (for Group 1 airplanes) or Part 7 (for Group 2 airplanes) of the Accomplishment Instructions of Boeing Alert Service Bulletin 737- 53A1293, Revision 3, dated January 23, 2015; except as required by paragraph (l)(3) of this AD. Installation of a repair that meets the conditions specified in Note (a) of table 1, 2, 3, or 5 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-53A1293, Revision 3, dated January 23, 2015, terminates the repetitive inspections required by paragraph (g) of this AD for the area covered by that repair only. (2) For Group 1 airplanes: Accomplishing the modification specified in paragraph (i) of this AD is a method of compliance with paragraph (h)(1) of this AD. (3) If any cracking is found in any area not covered by the preventive modification doubler during any inspection required by paragraph (g) of this AD: Repair before further flight, in accordance with Part 3 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737-53A1293, Revision 3, dated January 23, 2015, except as provided by paragraph (n)(4) of this AD. Both new and existing repairs are allowed if the repair covers all eight chem-mill step inspection areas between STA 410 and STA 450, and the repairs were done using a method approved in accordance with the procedures specified in paragraph (n)(1) of this AD. (i) Preventive Modification For Group 1 airplanes: At the applicable time specified in tables 1, 2 and 3 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-53A1293, Revision 3, dated January 23, 2015, except as required by paragraphs (l)(1) and (l)(2) of this AD, do a preventive modification of the fuselage skin at crown stringers S-1 and S-2R, including all applicable related investigative actions in accordance with Part 9 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737-53A1293, Revision 3, dated January 23, 2015, except as provided by paragraph (n)(4) of this AD. Do all applicable related investigative actions concurrently with the modification. Installation of a preventive modification terminates the repetitive inspections required by paragraph (g) of this AD for the modified area only. Thereafter, repeat the inspections specified in Part 3 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737-53A1293, Revision 3, dated January 23, 2015. (j) Optional Modification Accomplishing a modification of the chem-mill steps at any location identified in Boeing Service Bulletin 737-53A1293, Revision 2, dated August 10, 2011, using a method approved in accordance with the procedures specified in paragraph (n)(1) of this AD, terminates the repetitive inspections required by paragraph (g) of this AD for the modified area only. (k) Post-Repair/Post-Modification Inspections Tables 4 and 6 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-53A1293, Revision 3, dated January 23, 2015, specify post-repair/post-modification airworthiness limitation inspections in compliance with 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) Exceptions to Service Bulletin Specifications (1) Where Boeing Alert Service Bulletin 737-53A1293, Revision 3, dated January 23, 2015, specifies a compliance time ``after the Revision 3 date of this service bulletin,'' this AD requires compliance within the specified compliance time after the effective date of this AD. (2) Where the Condition column of paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-53A1293, Revision 3, dated January 23, 2015, specifies a condition based on when an airplane has or has not been inspected, this AD bases the condition on whether an airplane has or has not been inspected on the effective date of this AD. (3) Where Boeing Alert Service Bulletin 737-53A1293, Revision 3, dated January 23, 2015, specifies to contact Boeing for repair or preventive modification instructions: Before further flight, do the repair or preventive modification, as applicable, using a method approved in accordance with the procedures specified in paragraph (n)(1) of this AD. (m) Credit for Previous Actions (1) This paragraph provides credit for actions required by paragraphs (g) and (h) of this AD, if those actions were performed before July 23, 2012 (the effective date of AD 2012-12-04), using Boeing Alert Service Bulletin 737-53A1293, Revision 1, dated July 7, 2010, which is not incorporated by reference in this AD. (2) This paragraph provides credit for actions required by paragraphs (g) and (h) of this AD, if those actions were performed before the effective date of this AD using Boeing Alert Service Bulletin 737-53A1293, Revision 2, dated August 10, 2011, which was incorporated by reference in AD 2012-12-04. (n) 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 (o)(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, Los Angeles ACO, to make those findings. To be approved, the repair method, modification deviation, or alteration deviation method must meet the certification basis of the airplane, and the approval must specifically refer to this AD. (4) AMOCs approved for AD 2012-12-04 are approved as AMOCs for the corresponding provisions of this AD. (o) Related Information (1) For more information about this AD, contact Jennifer Tsakoumakis, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles ACO, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5264; fax: 562-627-5210; email: [email protected]. (2) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (p)(5) and (p)(6) of this AD. (p) 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. (3) The following service information was approved for IBR on August 9, 2016. (i) Boeing Alert Service Bulletin 737-53A1293, Revision 3, dated January 23, 2015. (ii) Reserved. (4) The following service information was approved for IBR on July 23, 2012 (77 FR 36134, June 18, 2012). (i) Boeing Service Bulletin 737-53A1293, Revision 2, dated August 10, 2011. (ii) Reserved. (5) 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. [[Page 43488]] (6) 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. (7) 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 June 21, 2016. Dorr Anderson, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2016-15291 Filed 7-1-16; 8:45 am] BILLING CODE 4910-13-P
![Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Rules and Regulations 43483
(f) Compliance (l) Parts Installation Prohibition National Archives and Records
Comply with this AD within the As of the effective date of this AD, no Administration (NARA). For information on
compliance times specified, unless already person may install a left or right MLG retract the availability of this material at NARA, call
done. actuator rod end, P/N P3A2750 or P3A2750– 202–741–6030, or go to: http://
1, on any airplane. www.archives.gov/federal-register/cfr/ibr-
(g) Part Number Inspection locations.html.
(m) Other FAA AD Provisions
Within 100 flight cycles after the effective Issued in Renton, Washington, on June 22,
date of this AD, inspect the left and right The following provisions also apply to this 2016.
MLG retract actuator rod ends to determine AD:
(1) Alternative Methods of Compliance Dorr M. Anderson,
if part number (P/N) P3A2750 or P3A2750–
(AMOCs): The Manager, New York ACO, Acting Manager, Transport Airplane
1 is installed. A review of airplane Directorate, Aircraft Certification Service.
ANE–170, FAA, has the authority to approve
maintenance records is acceptable in lieu of
AMOCs for this AD, if requested using the [FR Doc. 2016–15357 Filed 7–1–16; 8:45 am]
this inspection if the part number can be
procedures found in 14 CFR 39.19. In
conclusively determined from that review. accordance with 14 CFR 39.19, send your
BILLING CODE 4910–13–P
(h) Repetitive Liquid Penetrant Inspections request to your principal inspector or local
(LPIs) Flight Standards District Office, as
appropriate. If sending information directly DEPARTMENT OF TRANSPORTATION
For each left or right MLG retract actuator to the ACO, send it to ATTN: Program
rod end having P/N P3A2750 or P3A2750–1: Manager, Continuing Operational Safety, Federal Aviation Administration
At the applicable time specified in paragraph FAA, New York ACO, 1600 Stewart Avenue,
(h)(1) or (h)(2) of this AD, do an LPI to detect Suite 410, Westbury, NY 11590; telephone 14 CFR Part 39
cracks of the MLG retract actuator rod end, 516–228–7300; fax 516–794–5531. Before
in accordance with the Accomplishment using any approved AMOC, notify your [Docket No. FAA–2015–3628; Directorate
Instructions of Bombardier Service Bulletin appropriate principal inspector, or lacking a Identifier 2015–NM–025–AD; Amendment
84–32–142, dated May 4, 2016, except as principal inspector, the manager of the local 39–18574; AD 2016–13–10]
required by paragraph (k) of this AD. flight standards district office/certificate
Thereafter, repeat the LPI at intervals not to holding district office. The AMOC approval RIN 2120–AA64
exceed 600 flight cycles. letter must specifically reference this AD.
(1) If the MLG retract actuator rod end has (2) Contacting the Manufacturer: As of the Airworthiness Directives; The Boeing
accumulated more than 6,000 flight cycles as effective date of this AD, for any requirement Company Airplanes
of the effective date of this AD: Inspect in this AD to obtain corrective actions from
within 100 flight cycles after the effective a manufacturer, the action must be AGENCY: Federal Aviation
date of this AD. accomplished using a method approved by Administration (FAA), DOT.
(2) If the MLG retract actuator rod end has the Manager, New York ACO, ANE–170, ACTION: Final rule.
accumulated 6,000 flight cycles or fewer as FAA; or Transport Canada Civil Aviation
of the effective date of this AD: Inspect (TCCA); or Bombardier, Inc.’s TCCA Design SUMMARY: We are superseding
within 600 flight cycles after the effective Approval Organization (DAO). If approved by Airworthiness Directive (AD) 2012–12–
date of this AD. the DAO, the approval must include the
DAO-authorized signature.
04, for certain The Boeing Company
(i) Corrective Action Model 737–300, –400, and –500 series
(n) Related Information airplanes. AD 2012–12–04 required
If any crack is found during any inspection
required by paragraph (h) of this AD, before Refer to Mandatory Continuing repetitive external detailed inspections
Airworthiness Information (MCAI) Canadian and nondestructive inspections to detect
further flight replace the cracked MLG retract
AD CF–2016–16, dated May 20, 2016, for cracks in the fuselage skin along the
actuator rod end, P/N P3A2750 or P3A2750–
related information. You may examine the chem-mill steps at stringers S–1 and S–
1, with a MLG retract actuator rod end, P/N
MCAI on the Internet at http://
P3A6460 in accordance with the 2R, between station (STA) 400 and STA
www.regulations.gov by searching for and
Accomplishment Instructions of Bombardier
locating Docket No. FAA–2016–7422. 460, and repair if necessary. This new
Service Bulletin 84–32–142, dated May 4, AD requires a preventive modification
2016, except as required by paragraph (k) of (o) Material Incorporated by Reference of the fuselage skin at crown stringers
this AD. (1) The Director of the Federal Register S–1 and S–2R. This new AD also
(j) Optional Replacement approved the incorporation by reference reduces the inspection threshold for
(IBR) of the service information listed in this certain airplanes. This AD was
Replacement of the left and right side MLG paragraph under 5 U.S.C. 552(a) and 1 CFR
retract actuator rod ends, P/N P3A2750 or prompted by a determination that, for
part 51.
P3A2750–1, with left and right MLG retract (2) You must use this service information certain airplanes, the skin pockets
actuator rod ends, P/N P3A6460, in as applicable to do the actions required by adjacent to the Air Traffic Control (ATC)
accordance with the Accomplishment this AD, unless this AD specifies otherwise. antenna are susceptible to widespread
Instructions of Bombardier Service Bulletin (i) Bombardier Service Bulletin 84–32–142, fatigue damage. We are issuing this AD
84–32–142, dated May 4, 2016, except as dated May 4, 2016. to detect and correct fatigue cracking of
required by paragraph (k) of this AD, (ii) Reserved. the fuselage skin panels at the chem-
constitutes terminating action for the actions (3) For service information identified in mill steps, which could result in sudden
required by paragraphs (g) and (h) of this AD this AD, contact Bombardier, Inc., Q-Series
for that airplane. fracture and failure of the fuselage skin
Technical Help Desk, 123 Garratt Boulevard,
Toronto, Ontario M3K 1Y5, Canada; panels, and consequent rapid
(k) Exception to Paragraphs (h), (i), and (j) decompression of the airplane.
telephone: 416–375–4000; fax: 416–375–
of This AD
4539; email: thd.qseries@ DATES: This AD is effective August 9,
If it is not possible to complete all the aero.bombardier.com; Internet: http:// 2016.
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instructions in Bombardier Service Bulletin www.bombardier.com. The Director of the Federal Register
84–32–142, dated May 4, 2016 because of the (4) You may view this service information
configuration of the airplane: Before further
approved the incorporation by reference
at the FAA, Transport Airplane Directorate,
flight, repair using a method approved by the 1601 Lind Avenue SW., Renton, WA. For
of a certain publication listed in this AD
Manager, New York ACO, ANE–170, FAA; or information on the availability of this as of August 9, 2016.
Transport Canada Civil Aviation (TCCA); or material at the FAA, call 425–227–1221. The Director of the Federal Register
Bombardier, Inc.’s TCCA Design Approval (5) You may view this service information approved the incorporation by reference
Organization (DAO). that is incorporated by reference at the of a certain other publication listed in
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![43486 Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Rules and Regulations
because the interested parties have Costs of Compliance We estimate the following costs to
access to it through their normal course comply with this AD:
of business or by the means identified We estimate that this AD affects 186
in the ADDRESSES section. airplanes of U.S. registry.
ESTIMATED COSTS
Action Labor cost Parts cost Cost per product Cost on U.S. operators
Retained inspections from AD Between 7 and 15 work-hours $0 Between $595 and $1,275 Between $110,670 and
2012–12–04. × $85 per hour, depending per inspection cycle. $237,150 per inspection
on airplane configuration = cycle.
between $595 and $1,275
per inspection cycle.
New modification .................... 236 work-hours × $85 per 1 $20,060 .................................. $3,731,160.
hour = $20,060.
1 We currently have no specific cost estimates associated with the parts necessary for the modification. We cannot determine the cost of the
materials because the modification parts must be sized at the time the modification is installed, taking into account any existing repairs in the
area.
We have received no definitive data (4) Will not have a significant (2) Installation of Supplemental Type
that enables us to provide a cost economic impact, positive or negative, Certificate (STC) ST01219SE (http://rgl.faa.
estimate for the on-condition actions on a substantial number of small entities gov/Regulatory_and_Guidance_Library/
specified in this AD. under the criteria of the Regulatory rgstc.nsf/0/BE866B732F6CF31086257B97006
92796?OpenDocument&Highlight=st01219se)
Flexibility Act.
Authority for This Rulemaking does not affect the ability to accomplish the
List of Subjects in 14 CFR Part 39 actions required by this AD. Therefore, for
Title 49 of the United States Code airplanes on which STC ST01219SE is
specifies the FAA’s authority to issue Air transportation, Aircraft, Aviation installed, a ‘‘change in product’’ alternative
rules on aviation safety. Subtitle I, safety, Incorporation by reference, method of compliance (AMOC) approval
Section 106, describes the authority of Safety. request is not necessary to comply with the
the FAA Administrator. Subtitle VII, requirements of 14 CFR 39.17.
Aviation Programs, describes in more Adoption of the Amendment
(d) Subject
detail the scope of the Agency’s Accordingly, under the authority
authority. Air Transport Association (ATA) of
delegated to me by the Administrator, America Code 53, Fuselage.
We are issuing this rulemaking under the FAA amends 14 CFR part 39 as
the authority described in Subtitle VII, follows: (e) Unsafe Condition
Part A, Subpart III, Section 44701, This AD was prompted by reports of cracks
‘‘General requirements.’’ Under that PART 39—AIRWORTHINESS found on the fuselage skin at the chem-mill
section, Congress charges the FAA with DIRECTIVES steps, and the determination that, for certain
promoting safe flight of civil aircraft in airplanes, the skin pockets adjacent to the Air
air commerce by prescribing regulations ■ 1. The authority citation for part 39 Traffic Control antenna are susceptible to
for practices, methods, and procedures continues to read as follows: widespread fatigue damage. We are issuing
the Administrator finds necessary for this AD to detect and correct fatigue cracking
Authority: 49 U.S.C. 106(g), 40113, 44701. of the fuselage skin panels at the chem-mill
safety in air commerce. This regulation
steps, which could result in sudden fracture
is within the scope of that authority § 39.13 [Amended] and failure of the fuselage skin panels, and
because it addresses an unsafe condition consequent rapid decompression of the
that is likely to exist or develop on ■ 2. The FAA amends § 39.13 by
airplane.
products identified in this rulemaking removing Airworthiness Directive (AD)
action. 2012–12–04, Amendment 39–17083 (77 (f) Compliance
FR 36134, June 18, 2012), and adding Comply with this AD within the
Regulatory Findings the following new AD: compliance times specified, unless already
We have determined that this AD will 2016–13–10 The Boeing Company: done.
not have federalism implications under Amendment 39–18574; Docket No. (g) Inspections
Executive Order 13132. This AD will FAA–2015–3628; Directorate Identifier
2015–NM–025–AD. At the applicable time specified in tables
not have a substantial direct effect on 1, 2, 3, and 5 of paragraph 1.E.,
the States, on the relationship between (a) Effective Date ‘‘Compliance,’’ of Boeing Alert Service
the national government and the States, This AD is effective August 9, 2016. Bulletin 737–53A1293, Revision 3, dated
or on the distribution of power and January 23, 2015, except as required by
responsibilities among the various (b) Affected ADs paragraphs (l)(1) and (l)(2) of this AD: Do the
levels of government. This AD replaces AD 2012–12–04, actions specified in paragraphs (g)(1) and
For the reasons discussed above, I Amendment 39–17083 (77 FR 36134, June (g)(2) of this AD, in accordance with the
certify that this AD: 18, 2012) (‘‘AD 2012–12–04’’). Accomplishment Instructions of Boeing Alert
sradovich on DSK3GDR082PROD with RULES
(1) Is not a ‘‘significant regulatory Service Bulletin 737–53A1293, Revision 3,
(c) Applicability dated January 23, 2015, except as required by
action’’ under Executive Order 12866, (1) This AD applies to The Boeing paragraph (l)(3) of this AD. Repeat the
(2) Is not a ‘‘significant rule’’ under Company Model 737–300, –400, and –500 applicable inspections thereafter at the
DOT Regulatory Policies and Procedures series airplanes, certificated in any category, applicable times specified in paragraph 1.E.,
(44 FR 11034, February 26, 1979), as identified in Boeing Alert Service Bulletin ‘‘Compliance,’’ of Boeing Alert Service
(3) Will not affect intrastate aviation 737–53A1293, Revision 3, dated January 23, Bulletin 737–53A1293, Revision 3, dated
in Alaska, and 2015. January 23, 2015.
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![43488 Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Rules and Regulations
(6) You may view this service information List of Subjects in 26 CFR Part 301 regulated area unless authorized by the
at the FAA, Transport Airplane Directorate, Captain of the Port Ohio Valley or a
1601 Lind Avenue SW., Renton, WA. For Employment taxes, Estate taxes,
Excise taxes, Gift taxes, Income taxes, designated representative.
information on the availability of this
material at the FAA, call 425–227–1221. Penalties, Reporting and recordkeeping DATES: This rule is effective from 9 a.m.
(7) You may view this service information requirements. until noon on July 30, 2016.
that is incorporated by reference at the ADDRESSES: To view documents
National Archives and Records Correction of Publication
mentioned in this preamble as being
Administration (NARA). For information on Accordingly, 26 CFR part 301 is available in the docket, go to http://
the availability of this material at NARA, call corrected by making the following
202–741–6030, or go to http://
www.regulations.gov, type USCG–2016–
correcting amendment: 0169 in the ‘‘SEARCH’’ box and click
www.archives.gov/federal-register/cfr/ibr-
locations.html. ‘‘SEARCH.’’ Click on Open Docket
PART 301—PROCEDURE AND Folder on the line associated with this
Issued in Renton, Washington, on June 21, ADMINISTRATION
2016.
rule.
Dorr Anderson, ■ Paragraph 1. The authority citation FOR FURTHER INFORMATION CONTACT: If
Acting Manager, Transport Airplane for part 301 continues to read in part as you have questions on this rule, call or
Directorate, Aircraft Certification Service. follows: email Petty Officer Ashley Schad, MSD
[FR Doc. 2016–15291 Filed 7–1–16; 8:45 am]
Nashville, Nashville, TN, at 615–736–
Authority: 26 U.S.C. 7805 * * *
5421 or at Ashley.M.Schad@uscg.mil.
BILLING CODE 4910–13–P
■ Par. 2. Section 301.7701–2T is SUPPLEMENTARY INFORMATION:
amended by revising paragraph (e)(8)(ii)
to read as follows: I. Table of Abbreviations
DEPARTMENT OF THE TREASURY CFR Code of Federal Regulations
§ 301.7701–2T Business entities;
definitions (temporary). DHS Department of Homeland Security
Internal Revenue Service FR Federal Register
* * * * * NPRM Notice of proposed rulemaking
26 CFR Part 301 (e) * * * § Section
(8) * * * U.S.C. United States Code
[TD 9766] (ii) Expiration date. The applicability
II. Background Information and
of paragraph (c)(2)(iv)(C)(2) of this
Regulatory History
RIN 1545–BM87 section expires on or before May 3,
2019, or such earlier date as may be On January 28, 2016, the Nashville
Self-Employment Tax Treatment of determined under amendments to the Paddle Company notified the Coast
Partners in a Partnership That Owns a regulations issued after May 3, 2016. Guard that it will be conducting a
Disregarded Entity; Correction rowing race from 9 a.m. to noon on July
Martin V. Franks,
AGENCY: Internal Revenue Service (IRS), 30, 2016. The event will consist of at
Chief, Publications and Regulations Branch, least 75 participants on various sized
Treasury. Legal Processing Division, Associate Chief
stand up paddle boards and kayaks on
ACTION: Final and temporary Counsel (Procedure and Administration).
the Cumberland River. The Captain of
regulations; correcting amendment. [FR Doc. 2016–15739 Filed 7–1–16; 8:45 am]
the Port Ohio Valley (COTP) determined
BILLING CODE 4830–01–P
SUMMARY: This document contains a that additional safety measures are
correction to final and temporary necessary to protect participants,
regulations (TD 9766) that were spectators, and waterway users during
DEPARTMENT OF HOMELAND this event. In response, on June 10,
published in the Federal Register on
SECURITY 2016, the Coast Guard published a
May 4, 2016 (81 FR 26693). The final
and temporary regulations clarify the notice of proposed rulemaking (NPRM)
Coast Guard Special Local Regulation; Cumberland
employment tax treatment of partners in
a partnership that owns a disregarded River, Mile 190.0 to 191.5; Nashville,
33 CFR Part 100 TN (81 FR 37562).
entity.
[Docket Number USCG–2016–0169] There we stated why we issued the
DATES: This correction is effective on NPRM, and invited comments on our
July 5, 2016 and applicable on May 4, RIN 1625–AA08
proposed regulatory action related to
2016. this marine event. During the comment
Special Local Regulation; Cumberland
FOR FURTHER INFORMATION CONTACT: period that ended June 27, 2016 we
River, Mile 190.0 to 191.5; Nashville, TN
Andrew Holubeck at (202) 317–4774 received no comments.
(not a toll free number). AGENCY: Coast Guard, DHS.
III. Legal Authority and Need for Rule
SUPPLEMENTARY INFORMATION: ACTION: Temporary final rule.
The Coast Guard is issuing this rule
Background SUMMARY: The Coast Guard is under authority in 33 U.S.C. 1233. The
The final and temporary regulations establishing a special local regulation Captain of the Port Ohio Valley (COTP)
(TD 9766) that are the subject of this for all waters of the Cumberland River has determined that potential hazards
correction are under section 7701 of the beginning at mile marker 190.0 and associated with the marine event in this
sradovich on DSK3GDR082PROD with RULES
Internal Revenue Code. ending at mile marker 191.5 from 9 a.m. July 30, 2016, event will be a safety
until noon on July 30, 2016. This special concern for the participants of the event.
Need for Correction regulation is necessary to provide safety The purpose of this rule is to ensure
As published, the final and temporary for the participants in the ‘‘Music City safety of vessels and participants and
regulations (TD 9766) contains an error SUP Race’’ marine event. This the navigable waters in the special local
that may prove to be misleading and is rulemaking prohibits persons and regulation area before, during, and after
in need of clarification. vessels from being in the special local the scheduled event.
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Document Created: 2016-07-01 23:49:42
Document Modified: 2016-07-01 23:49:42
| 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 August 9, 2016. | |
| 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] | |
| FR Citation | 81 FR 43483 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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