81_FR_70207 81 FR 70011 - Airworthiness Directives; The Boeing Company Airplanes

81 FR 70011 - Airworthiness Directives; The Boeing Company Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 196 (October 11, 2016)

Page Range70011-70013
FR Document2016-24197

We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 737-600, -700, -700C, -800, -900 and -900ER series airplanes. This AD was prompted by an evaluation by the design approval holder (DAH) indicating that certain fastener locations in the window corner surround structure are subject to widespread fatigue damage (WFD). This AD requires repetitive high frequency eddy current (HFEC) inspections for cracking in certain fastener locations in the window corner surround structure, and repair if necessary. We are issuing this AD to detect and correct fatigue cracking around certain fastener locations that could cause multiple window corner skin cracks, which could result in rapid decompression and consequent loss of structural integrity of the airplane.

Federal Register, Volume 81 Issue 196 (Tuesday, October 11, 2016)
[Federal Register Volume 81, Number 196 (Tuesday, October 11, 2016)]
[Rules and Regulations]
[Pages 70011-70013]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24197]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-5042; Directorate Identifier 2015-NM-140-AD; 
Amendment 39-18680; AD 2016-20-14]
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 all The 
Boeing Company Model 737-600, -700, -700C, -800, -900 and -900ER series 
airplanes. This AD was prompted by an evaluation by the design approval 
holder (DAH) indicating that certain fastener locations in the window 
corner surround structure are subject to widespread fatigue damage 
(WFD). This AD requires repetitive high frequency eddy current (HFEC) 
inspections for cracking in certain fastener locations in the window 
corner surround structure, and repair if necessary. We are issuing this 
AD to detect and correct fatigue cracking around certain fastener 
locations that could cause multiple window corner skin cracks, which 
could result in rapid decompression and consequent loss of structural 
integrity of the airplane.

DATES: This AD is effective November 15, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 15, 
2016.

ADDRESSES: For service information identified in this final rule, 
contact Boeing Commercial Airplanes, Attention: Data & Services 
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone: 
206-544-5000, extension 1; fax: 206-766-5680; Internet: https://www.myboeingfleet.com.You may view this referenced service information 
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., 
Renton, WA. For information on the availability of this material at the 
FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
5042.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
5042; 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: Gaetano Settineri, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office 
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6577; fax: 425-917-6590; 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 all The Boeing Company 
Model 737-600, -700, -700C, -800, -900 and -900ER series airplanes. The 
NPRM published in the Federal Register on April 5, 2016 (81 FR 19512) 
(``the NPRM''). The NPRM was prompted by an evaluation by the DAH 
indicating that certain fastener locations in the window corner 
surround structure are subject to WFD. The NPRM proposed to require 
repetitive HFEC inspections for cracking in certain fastener locations 
in the window corner surround structure, and repair if necessary. We 
are issuing this AD to detect and correct fatigue cracking around 
certain fastener locations that could cause multiple window corner skin 
cracks, which could result in rapid decompression and consequent loss 
of structural integrity of the airplane.

Comments

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

Support for the NPRM

    Boeing and the Airline Pilots Association, International supported 
the content of the NPRM.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing the supplemental 
type certificate (STC) ST00830SE does not affect compliance with the 
actions specified in the NPRM.
    We agree with the commenter. We have redesignated paragraph (c) as 
(c)(1) and added a new paragraph (c)(2) to this AD to state that 
installation of STC ST00830SE does not affect the ability to accomplish 
the actions required by this final rule. Therefore, for airplanes on 
which STC ST00830SE 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.

Request for Clarification of Extent of Boeing Organization Designation 
Authority (ODA)

    Southwest Airlines (SWA) asked for clarification that the Boeing 
ODA identified in paragraph (i)(3) of the proposed AD can provide an 
AMOC for any ``repair, modification, or alteration'' that includes the 
authority to approve existing repairs in the inspection area that 
inhibit accomplishment of the AD requirements as terminating action to 
paragraph (g) of the proposed AD. SWA also asked if the ODA has the 
authority to provide alternative inspection procedures for repaired 
areas where the inspection in paragraph (g) of the proposed AD cannot 
be accomplished. Additionally, SWA asked that we clarify that the 
Boeing ODA identified in paragraph (i)(3) of the proposed AD is able to 
issue an AMOC to the proposed AD for an existing repair at the S-14 lap 
joint (where the location of the repair inhibits accomplishing the 
initial inspection), provided the repair was approved by any FAA 
designation authority, and there is a minimum of three fastener rows 
above and below the lap joint. SWA stated that neither Boeing Alert 
Service Bulletin 737-53A1351, dated July 8, 2015, nor the NPRM clearly 
state how to address existing repairs that prevent

[[Page 70012]]

accomplishment of the inspections specified in paragraph (g) of the 
proposed AD.
    We agree with the commenter that clarification of the extent of the 
authority of the Boeing ODA is necessary. The Boeing ODA has the 
authority to evaluate existing repairs and provide alternative 
inspection programs in the repaired area, including authority to 
approve alternative inspections as AMOCs if needed.
    We infer that SWA is also asking if the Boeing ODA can issue a 
global AMOC for the referenced repair at the S-14 lap joint. The Boeing 
ODA does not have the authority to approve global AMOCs. In addition, 
we have not received any information from Boeing that defines such a 
repair that would be considered for a global AMOC. If Boeing provides 
supporting data, we will evaluate the data to determine if that repair 
and any associated inspections provide an acceptable level of safety 
for such an AMOC. We have not changed this AD in this regard.

Change to This AD

    We have determined that the end level effect of the unsafe 
condition in the NPRM should be changed to more closely match the 
service information. Therefore, we have changed ``. . . reduced 
structural integrity'' to ``. . . loss of structural integrity'' in the 
SUMMARY and SUPPLEMENTARY INFORMATION sections and in paragraph (e) of 
this AD accordingly.

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 737-53A1351, dated July 
8, 2015. The service information describes procedures for HFEC 
inspections and repair for cracking in certain fastener locations in 
the window corner surround structure. 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 1,528 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
----------------------------------------------------------------------------------------------------------------
Inspection.......................  38 work-hours x $85              $0  $3,230 per           $4,935,440 per
                                    per hour = $3,230                    inspection cycle.    inspection cycle
                                    per inspection
                                    cycle.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that will enable us to provide 
cost estimates 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

    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):

2016-20-14 The Boeing Company: Amendment 39-18680; FAA-2016-5042; 
Directorate Identifier 2015-NM-140-AD.

(a) Effective Date

    This AD is effective November 15, 2016.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to all The Boeing Company Model 737-600, -
700, -700C, -800, -900 and -900ER series airplanes, certificated in 
any category.
    (2) Installation of Supplemental Type Certificate (STC) 
ST00830SE (http://

[[Page 70013]]

rgl.faa.gov/Regulatory_and_Guidance_Library/rgSTC.nsf/0/
38B606833BBD98B386257FAA00602538?OpenDocument&Highlight=st00830se) 
does not affect the ability to accomplish the actions required by 
this AD. Therefore, for airplanes on which STC ST00830SE 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 an evaluation by the design approval 
holder indicating that certain fastener locations in the window 
corner surround structure are subject to widespread fatigue damage. 
We are issuing this AD to detect and correct fatigue cracking around 
certain fastener locations that could cause multiple window corner 
skin cracks, which could result in rapid decompression and 
consequent loss of structural integrity of the airplane.

(f) Compliance

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

(g) Repetitive Inspections and Repair

    At the applicable time specified in paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 737-53A1351, dated 
July 8, 2015: Do an external high frequency eddy current (HFEC) 
inspection for cracking of the skin around the fastener locations at 
the upper forward and lower aft corners of each window between 
station (STA) 360 and STA 540, as applicable, and at the lower 
forward and upper aft corners of each window between STA 727 and STA 
887, in accordance with the Accomplishment Instructions of Boeing 
Alert Service Bulletin 737-53A1351, dated July 8, 2015. Repeat the 
inspection thereafter at the applicable times specified in paragraph 
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-53A1351, 
dated July 8, 2015. If any crack is found during any inspection, 
repair before further flight using a method approved in accordance 
with the procedures specified in paragraph (i) of this AD.

(h) Exception to the Service Bulletin Specifications

    Although Boeing Alert Service Bulletin 737-53A1351, dated July 
8, 2015, specifies to contact Boeing for repair instructions, and 
specifies that action as ``RC'' (Required for Compliance), this AD 
requires repair before further flight using a method approved in 
accordance with the procedures specified in paragraph (i) of this 
AD.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19. In accordance with 14 
CFR 39.19, send your request to your principal inspector or local 
Flight Standards District Office, as appropriate. If sending 
information directly to the manager of the ACO, send it to the 
attention of the person identified in paragraph (j) of this AD. 
Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair, modification, or alteration required by this AD 
if it is approved by the Boeing Commercial Airplanes Organization 
Designation Authorization (ODA) that has been authorized by the 
Manager, Seattle ACO, to make those findings. To be approved, the 
repair method, modification deviation, or alteration deviation must 
meet the certification basis of the airplane and the approval must 
specifically refer to this AD.
    (4) Except as required by paragraph (h) of this AD: For service 
information that contains steps that are labeled as RC, the 
provisions of paragraphs (i)(4)(i) and (i)(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. If a step or substep is labeled ``RC Exempt,'' then the 
RC requirement is removed from that step or substep. 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.

(j) Related Information

    For more information about this AD, contact Gaetano Settineri, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle ACO, 
1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6577; 
fax: 425-917-6590; email: [email protected].

(k) 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 737-53A1351, dated July 8, 
2015.
    (ii) Reserved.
    (3) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone: 206-544-
5000, extension 1; fax: 206-766-5680; Internet: https://www.myboeingfleet.com.
    (4) You may view this service information at 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 September 28, 2016.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-24197 Filed 10-7-16; 8:45 am]
 BILLING CODE 4910-13-P



                                                            Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Rules and Regulations                                         70011

                                             The NRC made no changes to the rule                   98124–2207; telephone: 206–544–5000,                  consequent loss of structural integrity of
                                           as a result of this comment.                            extension 1; fax: 206–766–5680;                       the airplane.
                                             In summary, the NRC did not receive                   Internet: https://
                                                                                                                                                         Comments
                                           any comments that warranted                             www.myboeingfleet.com.You may view
                                           withdrawal of the direct final rule.                    this referenced service information at                  We gave the public the opportunity to
                                           Therefore, none of these comments                       the FAA, Transport Airplane                           participate in developing this AD. The
                                           required a change in the rule’s effective               Directorate, 1601 Lind Avenue SW.,                    following presents the comments
                                           date of May 31, 2016.                                   Renton, WA. For information on the                    received on the NPRM and the FAA’s
                                                                                                   availability of this material at the FAA,             response to each comment.
                                             Dated at Rockville, Maryland, this 28th day
                                           of September, 2016                                      call 425–227–1221. It is also available               Support for the NPRM
                                             For the Nuclear Regulatory Commission.                on the Internet at http://
                                                                                                   www.regulations.gov by searching for                    Boeing and the Airline Pilots
                                           Michael R. Johnson,                                                                                           Association, International supported the
                                                                                                   and locating Docket No. FAA–2016–
                                           Acting Executive Director for Operations.                                                                     content of the NPRM.
                                                                                                   5042.
                                           [FR Doc. 2016–24466 Filed 10–7–16; 8:45 am]
                                                                                                   Examining the AD Docket                               Effect of Winglets on Accomplishment
                                           BILLING CODE 7590–01–P
                                                                                                                                                         of the Proposed Actions
                                                                                                     You may examine the AD docket on                       Aviation Partners Boeing stated that
                                                                                                   the Internet at http://                               accomplishing the supplemental type
                                           DEPARTMENT OF TRANSPORTATION                            www.regulations.gov by searching for                  certificate (STC) ST00830SE does not
                                                                                                   and locating Docket No. FAA–2016–                     affect compliance with the actions
                                           Federal Aviation Administration
                                                                                                   5042; or in person at the Docket                      specified in the NPRM.
                                                                                                   Management Facility between 9 a.m.                       We agree with the commenter. We
                                           14 CFR Part 39
                                                                                                   and 5 p.m., Monday through Friday,                    have redesignated paragraph (c) as (c)(1)
                                           [Docket No. FAA–2016–5042; Directorate                  except Federal holidays. The AD docket                and added a new paragraph (c)(2) to this
                                           Identifier 2015–NM–140–AD; Amendment                    contains this AD, the regulatory                      AD to state that installation of STC
                                           39–18680; AD 2016–20–14]                                evaluation, any comments received, and                ST00830SE does not affect the ability to
                                           RIN 2120–AA64                                           other information. The address for the                accomplish the actions required by this
                                                                                                   Docket Office (phone: 800–647–5527) is                final rule. Therefore, for airplanes on
                                           Airworthiness Directives; The Boeing                    Docket Management Facility, U.S.                      which STC ST00830SE is installed, a
                                           Company Airplanes                                       Department of Transportation, Docket                  ‘‘change in product’’ alternative method
                                                                                                   Operations, M–30, West Building                       of compliance (AMOC) approval request
                                           AGENCY:  Federal Aviation                               Ground Floor, Room W12–140, 1200                      is not necessary to comply with the
                                           Administration (FAA), DOT.                              New Jersey Avenue SE., Washington,                    requirements of 14 CFR 39.17.
                                           ACTION: Final rule.                                     DC 20590.
                                                                                                                                                         Request for Clarification of Extent of
                                           SUMMARY:   We are adopting a new                        FOR FURTHER INFORMATION CONTACT:                      Boeing Organization Designation
                                           airworthiness directive (AD) for all The                Gaetano Settineri, Aerospace Engineer,                Authority (ODA)
                                           Boeing Company Model 737–600, –700,                     Airframe Branch, ANM–120S, FAA,
                                                                                                   Seattle Aircraft Certification Office                   Southwest Airlines (SWA) asked for
                                           –700C, –800, –900 and –900ER series                                                                           clarification that the Boeing ODA
                                           airplanes. This AD was prompted by an                   (ACO), 1601 Lind Avenue SW., Renton,
                                                                                                   WA 98057–3356; phone: 425–917–6577;                   identified in paragraph (i)(3) of the
                                           evaluation by the design approval                                                                             proposed AD can provide an AMOC for
                                           holder (DAH) indicating that certain                    fax: 425–917–6590; email:
                                                                                                   gaetano.settineri@faa.gov.                            any ‘‘repair, modification, or alteration’’
                                           fastener locations in the window corner                                                                       that includes the authority to approve
                                           surround structure are subject to                       SUPPLEMENTARY INFORMATION:                            existing repairs in the inspection area
                                           widespread fatigue damage (WFD). This                                                                         that inhibit accomplishment of the AD
                                           AD requires repetitive high frequency                   Discussion
                                                                                                                                                         requirements as terminating action to
                                           eddy current (HFEC) inspections for                       We issued a notice of proposed                      paragraph (g) of the proposed AD. SWA
                                           cracking in certain fastener locations in               rulemaking (NPRM) to amend 14 CFR                     also asked if the ODA has the authority
                                           the window corner surround structure,                   part 39 by adding an AD that would                    to provide alternative inspection
                                           and repair if necessary. We are issuing                 apply to all The Boeing Company Model                 procedures for repaired areas where the
                                           this AD to detect and correct fatigue                   737–600, –700, –700C, –800, –900 and                  inspection in paragraph (g) of the
                                           cracking around certain fastener                        –900ER series airplanes. The NPRM                     proposed AD cannot be accomplished.
                                           locations that could cause multiple                     published in the Federal Register on                  Additionally, SWA asked that we clarify
                                           window corner skin cracks, which                        April 5, 2016 (81 FR 19512) (‘‘the                    that the Boeing ODA identified in
                                           could result in rapid decompression and                 NPRM’’). The NPRM was prompted by                     paragraph (i)(3) of the proposed AD is
                                           consequent loss of structural integrity of              an evaluation by the DAH indicating                   able to issue an AMOC to the proposed
                                           the airplane.                                           that certain fastener locations in the                AD for an existing repair at the S–14 lap
                                           DATES: This AD is effective November                    window corner surround structure are                  joint (where the location of the repair
                                           15, 2016.                                               subject to WFD. The NPRM proposed to                  inhibits accomplishing the initial
                                             The Director of the Federal Register                  require repetitive HFEC inspections for               inspection), provided the repair was
                                           approved the incorporation by reference                 cracking in certain fastener locations in             approved by any FAA designation
                                           of a certain publication listed in this AD              the window corner surround structure,                 authority, and there is a minimum of
ehiers on DSK5VPTVN1PROD with RULES




                                           as of November 15, 2016.                                and repair if necessary. We are issuing               three fastener rows above and below the
                                           ADDRESSES: For service information                      this AD to detect and correct fatigue                 lap joint. SWA stated that neither
                                           identified in this final rule, contact                  cracking around certain fastener                      Boeing Alert Service Bulletin 737–
                                           Boeing Commercial Airplanes,                            locations that could cause multiple                   53A1351, dated July 8, 2015, nor the
                                           Attention: Data & Services Management,                  window corner skin cracks, which                      NPRM clearly state how to address
                                           P.O. Box 3707, MC 2H–65, Seattle, WA                    could result in rapid decompression and               existing repairs that prevent


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                                           70012                Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Rules and Regulations

                                           accomplishment of the inspections                               Change to This AD                                           We also determined that these
                                           specified in paragraph (g) of the                                                                                         changes will not increase the economic
                                                                                                              We have determined that the end
                                           proposed AD.                                                                                                              burden on any operator or increase the
                                             We agree with the commenter that                              level effect of the unsafe condition in
                                                                                                           the NPRM should be changed to more                        scope of this AD.
                                           clarification of the extent of the
                                           authority of the Boeing ODA is                                  closely match the service information.                    Related Service Information Under 1
                                           necessary. The Boeing ODA has the                               Therefore, we have changed                                CFR Part 51
                                           authority to evaluate existing repairs                          ‘‘. . . reduced structural integrity’’ to
                                           and provide alternative inspection                              ‘‘. . . loss of structural integrity’’ in the               We reviewed Boeing Alert Service
                                           programs in the repaired area, including                        SUMMARY and SUPPLEMENTARY                                 Bulletin 737–53A1351, dated July 8,
                                           authority to approve alternative                                INFORMATION sections and in paragraph                     2015. The service information describes
                                           inspections as AMOCs if needed.                                 (e) of this AD accordingly.                               procedures for HFEC inspections and
                                             We infer that SWA is also asking if                           Conclusion                                                repair for cracking in certain fastener
                                           the Boeing ODA can issue a global                                                                                         locations in the window corner
                                           AMOC for the referenced repair at the                             We reviewed the relevant data,                          surround structure. This service
                                           S–14 lap joint. The Boeing ODA does                             considered the comments received, and                     information is reasonably available
                                           not have the authority to approve global                        determined that air safety and the                        because the interested parties have
                                           AMOCs. In addition, we have not                                 public interest require adopting this AD                  access to it through their normal course
                                           received any information from Boeing                            with the changes described previously                     of business or by the means identified
                                           that defines such a repair that would be                        and minor editorial changes. We have                      in the ADDRESSES section.
                                           considered for a global AMOC. If Boeing                         determined that these minor changes:
                                           provides supporting data, we will                                 • Are consistent with the intent that                   Costs of Compliance
                                           evaluate the data to determine if that                          was proposed in the NPRM for
                                           repair and any associated inspections                           correcting the unsafe condition; and                        We estimate that this AD affects 1,528
                                           provide an acceptable level of safety for                         • Do not add any additional burden                      airplanes of U.S. registry.
                                           such an AMOC. We have not changed                               upon the public than was already                            We estimate the following costs to
                                           this AD in this regard.                                         proposed in the NPRM.                                     comply with this AD:

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

                                           Inspection ...............................   38 work-hours × $85 per hour                          $0     $3,230 per inspection cycle ...    $4,935,440 per inspection
                                                                                          = $3,230 per inspection                                                                         cycle
                                                                                          cycle.



                                             We have received no definitive data                           Regulatory Findings                                       Adoption of the Amendment
                                           that will enable us to provide cost                                                                                         Accordingly, under the authority
                                           estimates for the on-condition actions                            This AD will not have federalism
                                                                                                           implications under Executive Order                        delegated to me by the Administrator,
                                           specified in this AD.                                                                                                     the FAA amends 14 CFR part 39 as
                                                                                                           13132. This AD will not have a
                                           Authority for This Rulemaking                                                                                             follows:
                                                                                                           substantial direct effect on the States, on
                                                                                                           the relationship between the national                     PART 39—AIRWORTHINESS
                                              Title 49 of the United States Code
                                                                                                           government and the States, or on the                      DIRECTIVES
                                           specifies the FAA’s authority to issue                          distribution of power and
                                           rules on aviation safety. Subtitle I,                           responsibilities among the various                        ■ 1. The authority citation for part 39
                                           section 106, describes the authority of                         levels of government.                                     continues to read as follows:
                                           the FAA Administrator. Subtitle VII:
                                                                                                             For the reasons discussed above, I                          Authority: 49 U.S.C. 106(g), 40113, 44701.
                                           Aviation Programs, describes in more
                                           detail the scope of the Agency’s                                certify that this AD:                                     § 39.13    [Amended]
                                           authority.                                                        (1) Is not a ‘‘significant regulatory                   ■ 2. The FAA amends § 39.13 by adding
                                              We are issuing this rulemaking under                         action’’ under Executive Order 12866,                     the following new airworthiness
                                           the authority described in Subtitle VII,                          (2) Is not a ‘‘significant rule’’ under                 directive (AD):
                                           Part A, Subpart III, Section 44701:                             DOT Regulatory Policies and Procedures                    2016–20–14 The Boeing Company:
                                           ‘‘General requirements.’’ Under that                            (44 FR 11034, February 26, 1979),                             Amendment 39–18680; FAA–2016–5042;
                                           section, Congress charges the FAA with                            (3) Will not affect intrastate aviation                     Directorate Identifier 2015–NM–140–AD.
                                           promoting safe flight of civil aircraft in                      in Alaska, and                                            (a) Effective Date
                                           air commerce by prescribing regulations                           (4) Will not have a significant                           This AD is effective November 15, 2016.
                                           for practices, methods, and procedures                          economic impact, positive or negative,                    (b) Affected ADs
                                           the Administrator finds necessary for                           on a substantial number of small entities
                                           safety in air commerce. This regulation                                                                                     None.
                                                                                                           under the criteria of the Regulatory
                                           is within the scope of that authority
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                                                                                                           Flexibility Act.                                          (c) Applicability
                                           because it addresses an unsafe condition                                                                                     (1) This AD applies to all The Boeing
                                           that is likely to exist or develop on                           List of Subjects in 14 CFR Part 39                        Company Model 737–600, –700, –700C,
                                           products identified in this rulemaking                                                                                    –800, –900 and –900ER series airplanes,
                                                                                                             Air transportation, Aircraft, Aviation                  certificated in any category.
                                           action.                                                         safety, Incorporation by reference,                          (2) Installation of Supplemental Type
                                                                                                           Safety.                                                   Certificate (STC) ST00830SE (http://



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                                                            Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Rules and Regulations                                              70013

                                           rgl.faa.gov/Regulatory_and_Guidance_                    or local Flight Standards District Office, as         Lind Avenue SW., Renton, WA. For
                                           Library/rgSTC.nsf/0/38B606833BBD                        appropriate. If sending information directly          information on the availability of this
                                           98B386257FAA00602538?Open                               to the manager of the ACO, send it to the             material at the FAA, call 425–227–1221.
                                           Document&Highlight=st00830se) does not                  attention of the person identified in                   (5) You may view this service information
                                           affect the ability to accomplish the actions            paragraph (j) of this AD. Information may be          that is incorporated by reference at the
                                           required by this AD. Therefore, for airplanes           emailed to: 9-ANM-Seattle-ACO-AMOC-                   National Archives and Records
                                           on which STC ST00830SE is installed, a                  Requests@faa.gov.                                     Administration (NARA). For information on
                                           ‘‘change in product’’ alternative method of                (2) Before using any approved AMOC,                the availability of this material at NARA, call
                                           compliance (AMOC) approval request is not               notify your appropriate principal inspector,          202–741–6030, or go to: http://
                                           necessary to comply with the requirements of            or lacking a principal inspector, the manager         www.archives.gov/federal-register/cfr/ibr-
                                           14 CFR 39.17.                                           of the local flight standards district office/        locations.html.
                                                                                                   certificate holding district office.
                                           (d) Subject                                                (3) An AMOC that provides an acceptable              Issued in Renton, Washington, on
                                                                                                   level of safety may be used for any repair,           September 28, 2016.
                                             Air Transport Association (ATA) of
                                           America Code 53, Fuselage.                              modification, or alteration required by this          Dionne Palermo,
                                                                                                   AD if it is approved by the Boeing                    Acting Manager, Transport Airplane
                                           (e) Unsafe Condition                                    Commercial Airplanes Organization                     Directorate, Aircraft Certification Service.
                                              This AD was prompted by an evaluation by             Designation Authorization (ODA) that has              [FR Doc. 2016–24197 Filed 10–7–16; 8:45 am]
                                           the design approval holder indicating that              been authorized by the Manager, Seattle
                                                                                                                                                         BILLING CODE 4910–13–P
                                           certain fastener locations in the window                ACO, to make those findings. To be
                                           corner surround structure are subject to                approved, the repair method, modification
                                           widespread fatigue damage. We are issuing               deviation, or alteration deviation must meet
                                           this AD to detect and correct fatigue cracking          the certification basis of the airplane and the       DEPARTMENT OF HOMELAND
                                           around certain fastener locations that could            approval must specifically refer to this AD.          SECURITY
                                           cause multiple window corner skin cracks,                  (4) Except as required by paragraph (h) of
                                           which could result in rapid decompression               this AD: For service information that                 Coast Guard
                                           and consequent loss of structural integrity of          contains steps that are labeled as RC, the
                                           the airplane.                                           provisions of paragraphs (i)(4)(i) and (i)(4)(ii)
                                                                                                   of this AD apply.
                                                                                                                                                         33 CFR Part 117
                                           (f) Compliance                                             (i) The steps labeled as RC, including             [Docket No. USCG–2016–0866]
                                              Comply with this AD within the                       substeps under an RC step and any figures
                                           compliance times specified, unless already              identified in an RC step, must be done to             Drawbridge Operation Regulation;
                                           done.                                                   comply with the AD. If a step or substep is           James River, Isle of Wight and
                                                                                                   labeled ‘‘RC Exempt,’’ then the RC                    Newport News, VA
                                           (g) Repetitive Inspections and Repair
                                                                                                   requirement is removed from that step or
                                              At the applicable time specified in                  substep. An AMOC is required for any                  AGENCY: Coast Guard, DHS.
                                           paragraph 1.E., ‘‘Compliance,’’ of Boeing               deviations to RC steps, including substeps
                                           Alert Service Bulletin 737–53A1351, dated                                                                     ACTION: Notice of temporary deviation
                                                                                                   and identified figures.
                                           July 8, 2015: Do an external high frequency                                                                   from regulations; Cancellation.
                                                                                                      (ii) Steps not labeled as RC may be
                                           eddy current (HFEC) inspection for cracking             deviated from using accepted methods in
                                           of the skin around the fastener locations at
                                                                                                                                                         SUMMARY:   The Coast Guard is canceling
                                                                                                   accordance with the operator’s maintenance
                                           the upper forward and lower aft corners of                                                                    the temporary deviation concerning the
                                                                                                   or inspection program without obtaining
                                           each window between station (STA) 360 and               approval of an AMOC, provided the RC steps,           James River Bridge (US17) across the
                                           STA 540, as applicable, and at the lower                including substeps and identified figures, can        James River, mile 5.0, at Isle of Wight
                                           forward and upper aft corners of each                   still be done as specified, and the airplane          and Newport News, VA. The deviation
                                           window between STA 727 and STA 887, in                  can be put back in an airworthy condition.            was necessary to perform bridge
                                           accordance with the Accomplishment                                                                            maintenance and repairs, which have
                                           Instructions of Boeing Alert Service Bulletin           (j) Related Information
                                                                                                                                                         been completed. The deviation allowed
                                           737–53A1351, dated July 8, 2015. Repeat the                For more information about this AD,
                                           inspection thereafter at the applicable times
                                                                                                                                                         the bridge to remain in the closed-to-
                                                                                                   contact Gaetano Settineri, Aerospace
                                           specified in paragraph 1.E., ‘‘Compliance,’’ of         Engineer, Airframe Branch, ANM–120S,                  navigation position.
                                           Boeing Alert Service Bulletin 737–53A1351,              FAA, Seattle ACO, 1601 Lind Avenue SW.,               DATES: The temporary deviation
                                           dated July 8, 2015. If any crack is found               Renton, WA 98057–3356; phone: 425–917–                published on September 16, 2016, in the
                                           during any inspection, repair before further            6577; fax: 425–917–6590; email:                       Federal Register (81 FR 63700) is
                                           flight using a method approved in                       gaetano.settineri@faa.gov.                            cancelled as of October 11, 2016.
                                           accordance with the procedures specified in
                                                                                                   (k) Material Incorporated by Reference                ADDRESSES: The docket for this
                                           paragraph (i) of this AD.
                                                                                                      (1) The Director of the Federal Register           deviation, [USCG–2016–0866] is
                                           (h) Exception to the Service Bulletin                   approved the incorporation by reference               available at http://www.regulations.gov.
                                           Specifications                                          (IBR) of the service information listed in this       Type the docket number in the
                                             Although Boeing Alert Service Bulletin                paragraph under 5 U.S.C. 552(a) and 1 CFR             ‘‘SEARCH’’ box and click ‘‘SEARCH’’.
                                           737–53A1351, dated July 8, 2015, specifies to           part 51.                                              Click on Open Docket Folder on the line
                                           contact Boeing for repair instructions, and                (2) You must use this service information          associated with this deviation.
                                           specifies that action as ‘‘RC’’ (Required for           as applicable to do the actions required by
                                                                                                                                                         FOR FURTHER INFORMATION CONTACT: If
                                           Compliance), this AD requires repair before             this AD, unless the AD specifies otherwise.
                                           further flight using a method approved in                  (i) Boeing Alert Service Bulletin 737–             you have questions on this cancelation,
                                           accordance with the procedures specified in             53A1351, dated July 8, 2015.                          call or email Mr. Hal R. Pitts, Bridge
                                           paragraph (i) of this AD.                                  (ii) Reserved.                                     Administration Branch Fifth District,
                                                                                                      (3) For service information identified in          Coast Guard, telephone 757–398–6222,
                                           (i) Alternative Methods of Compliance                   this AD, contact Boeing Commercial
                                           (AMOCs)
                                                                                                                                                         email Hal.R.Pitts@uscg.mil.
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                                                                                                   Airplanes, Attention: Data & Services                 SUPPLEMENTARY INFORMATION: On
                                              (1) The Manager, Seattle Aircraft                    Management, P.O. Box 3707, MC 2H–65,
                                           Certification Office (ACO), FAA, has the                Seattle, WA 98124–2207; telephone: 206–               September 16, 2016, we published a
                                           authority to approve AMOCs for this AD, if              544–5000, extension 1; fax: 206–766–5680;             temporary deviation entitled
                                           requested using the procedures found in 14              Internet: https://www.myboeingfleet.com.              ‘‘Drawbridge Operation Regulation;
                                           CFR 39.19. In accordance with 14 CFR 39.19,                (4) You may view this service information          James River, Isle of Wight and Newport
                                           send your request to your principal inspector           at FAA, Transport Airplane Directorate, 1601          News, VA’’ in the Federal Register (81


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Document Created: 2018-02-13 16:33:35
Document Modified: 2018-02-13 16:33:35
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis AD is effective November 15, 2016.
ContactGaetano Settineri, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917- 6577; fax: 425-917-6590; email: [email protected]
FR Citation81 FR 70011 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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