81_FR_79614 81 FR 79395 - Airworthiness Directives; The Boeing Company Airplanes

81 FR 79395 - Airworthiness Directives; The Boeing Company Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 219 (November 14, 2016)

Page Range79395-79400
FR Document2016-22699

We are revising an earlier proposal to supersede Airworthiness Directive (AD) 2008-13-12 R1, for certain The Boeing Company Model 737- 100, -200, -200C, -300, -400, and -500 series airplanes. AD 2008-13-12 R1 requires various repetitive inspections for cracking of the upper- frame-to-side-frame splice of the fuselage, and other specified and corrective actions if necessary; and also provides for an optional preventive modification, which would terminate the repetitive inspections. This action revises the notice of proposed rulemaking (NPRM) by adding post-repair/post-modification inspections. We are proposing this SNPRM to detect and correct fatigue cracking of the upper-frame-to-side-frame splice of the fuselage, which could result in reduced structural integrity of the frame and adjacent lap joint, causing increased loading in the fuselage skin, which will accelerate skin crack growth and result in decompression of the airplane. Since these actions impose an additional burden over that proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes.

Federal Register, Volume 81 Issue 219 (Monday, November 14, 2016)
[Federal Register Volume 81, Number 219 (Monday, November 14, 2016)]
[Proposed Rules]
[Pages 79395-79400]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22699]



[[Page 79395]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-3984; Directorate Identifier 2015-NM-033-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening 
of comment period.

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SUMMARY: We are revising an earlier proposal to supersede Airworthiness 
Directive (AD) 2008-13-12 R1, for certain The Boeing Company Model 737-
100, -200, -200C, -300, -400, and -500 series airplanes. AD 2008-13-12 
R1 requires various repetitive inspections for cracking of the upper-
frame-to-side-frame splice of the fuselage, and other specified and 
corrective actions if necessary; and also provides for an optional 
preventive modification, which would terminate the repetitive 
inspections. This action revises the notice of proposed rulemaking 
(NPRM) by adding post-repair/post-modification inspections. We are 
proposing this SNPRM to detect and correct fatigue cracking of the 
upper-frame-to-side-frame splice of the fuselage, which could result in 
reduced structural integrity of the frame and adjacent lap joint, 
causing increased loading in the fuselage skin, which will accelerate 
skin crack growth and result in decompression of the airplane. Since 
these actions impose an additional burden over that proposed in the 
NPRM, we are reopening the comment period to allow the public the 
chance to comment on these proposed changes.

DATES: We must receive comments on this SNPRM by December 29, 2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this SNPRM, contact Boeing 
Commercial Airplanes, Attention: Data & Services Management, P.O. Box 
3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000, 
extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. 
You may view this referenced service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information 
on the availability of this material at the FAA, call 425-227-1221. It 
is also available on the Internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2015-3984.

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-
3984; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this proposed AD, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Office (phone: 800-647-5527) is in the ADDRESSES section. Comments will 
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Wayne Lockett, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6447; fax: 
425-917-6590; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2015-3984; 
Directorate Identifier 2015-NM-033-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    We issued an NPRM to amend 14 CFR part 39 to supersede AD 2008-13-
12 R1, Amendment 39-15719 (73 FR 67383, November 14, 2008) (``AD 2008-
13-12 R1''). AD 2008-13-12 R1 applied to certain The Boeing Company 
Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. AD 
2008-13-12 R1 requires various repetitive inspections for cracking of 
the upper-frame-to-side-frame splice of the fuselage, and other 
specified and corrective actions if necessary. AD 2008-13-12 R1 also 
provides for an optional preventive modification, which terminates the 
repetitive inspections. AD 2008-13-12 R1 resulted from a report that 
the upper frame of the fuselage was severed between stringers (S) S-13L 
and S-14L at station (STA) 747, and the adjacent frame at STA 767 had a 
1.3-inch-long crack at the same stringer location. The NPRM published 
in the Federal Register on October 9, 2015 (80 FR 61133) (``The 
NPRM''). The NPRM was prompted by reports of additional fatigue 
cracking of the upper-frame-to-side-frame splice of the fuselage, and 
one report of a severed frame. The NPRM proposed to add, for certain 
airplanes, an inspection to determine if the existing frame repair 
meets all specified requirements, and for certain other airplanes, a 
new modification of the upper-frame-to-side-frame splice, which would 
terminate the repetitive inspections. The NPRM also proposed to reduce 
certain inspection thresholds and repetitive intervals.

Actions Since Previous NPRM Was Issued

    Since we issued the NPRM, we have determined that it is necessary 
to require post-repair/post-modification inspections that were not 
included in the NPRM.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 737-53A1261, Revision 1, 
dated January 30, 2015. The service information describes procedures 
for various repetitive inspections for cracking of the upper-frame-to-
side-frame splice of the fuselage, a preventive modification to prevent 
WFD, an inspection to determine if the existing frame repair meets all 
specified requirements, and corrective actions. This service 
information is reasonably available because the interested parties

[[Page 79396]]

have access to it through their normal course of business or by the 
means identified in the ADDRESSES section.

Comments

    We gave the public the opportunity to comment on the NPRM. The 
following presents the comments received on the NPRM and the FAA's 
response to each comment. One commenter supported the actions specified 
in the NPRM.

Request To Require Post-Repair/Post-Modification Inspections

    Boeing asked that we change paragraph (j) of the proposed AD (in 
the NPRM) to require the post-repair/post-modification inspections that 
are not required in that paragraph. Boeing stated that the WFD 
evaluation of the frame repair/modification specified in Boeing Alert 
Service Bulletin 737-53A1261, Revision 1, dated January 30, 2015, 
indicated the need for reduced repetitive inspection intervals from 
those provided in Boeing Damage Tolerance Inspection Data Service 
Bulletin 737-00-1006, dated March 12, 2010. Boeing added that since the 
inspections specified in Boeing Service Bulletin 737-00-1006, dated 
March 12, 2010, are not to be used for the post-repair/post-
modification inspections required by 14 CFR 121.1109(c)(2) or 
129.109(c)(2), they should be required by paragraph (j) of the proposed 
AD.
    We agree with the commenter for the reasons provided. We have 
changed paragraph (j) of this SNPRM to require that post-repair/post-
modification inspections be done in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin 737-53A1261, Revision 1, 
dated January 30, 2015.

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 changed paragraph (c) of this 
proposed AD to state that installation of STC ST01219SE does not affect 
the ability to accomplish the actions required by this final rule. 
Therefore, for airplanes on which STC ST01219SE is installed, a 
``change in product'' alternative methods of compliance (AMOC) approval 
request is not necessary to comply with the requirements of 14 CFR 
39.17.

Request To Clarify That the NPRM Addresses WFD

    Boeing asked that we update the language in ``Actions Since AD 
2008-13-12 R1, Amendment 39-15719 (73 FR 67383, November 14, 2008) Was 
Issued'' section of the NPRM to clarify that this action is intended to 
address WFD by supporting the airplane's limit of validity (LOV). 
Boeing noted that a recently issued WFD-related AD action used 
different language regarding WFD. Boeing stated that Boeing Alert 
Service Bulletin 737-53A1261, Revision 1, dated January 30, 2015, was 
released in support of the requirements of 14 CFR 26.21(b) and (c) and 
provides additional service action required to support LOV.
    We agree to provide clarification. The NPRM addressed WFD in 
several locations in the preamble. To clarify, this action is intended 
to address WFD by supporting the airplane's LOV, as stated by Boeing. 
However, we have not updated the language in that section of the NPRM 
because that section of the NPRM is not carried over to this SNPRM. 
Therefore, no change to this SNPRM is necessary in this regard.

Request To Clarify Certain Procedures in the Related Service 
Information Section

    Boeing asked that we change the ``Related Service Information under 
1 CFR part 51'' section in the NPRM to clarify the description of the 
modification procedures in the service information. Boeing asked that 
the proposed language ``. . . a new preventive modification, which 
would eliminate the need for the repetitive inspections'' be changed to 
``. . . a preventive modification to prevent the WFD.'' Boeing stated 
that Boeing Alert Service Bulletin 737-53A1261, Revision 1, dated 
January 30, 2015, retains all inspections specified in Boeing Alert 
Service Bulletin 737-53A1261, dated January 19, 2006, and mandates the 
previously optional preventive modification to mitigate the WFD 
concern.
    We agree with the commenter for the reasons provided. We have 
clarified the ``Related Service Information under 1 CFR part 51'' 
section of this SNPRM accordingly.

Request To Clarify Reason for Supersedure

    Boeing asked that we clarify in the SUMMARY section of the NPRM the 
events that prompted the proposed supersedure of AD 2008-13-12 R1. 
Boeing stated that instead of two reports of severed frames, as 
specified in the NPRM, there was just one report of a severed frame.
    We agree to provide clarification. We agree that the commenter's 
statement is accurate. However, we have removed details relating to the 
NPRM from the SUMMARY section of this SNPRM; therefore, no change is 
necessary to this SNPRM in this regard.

Request To Clarify Provisions Related to Repetitive Actions

    Boeing asked that we clarify paragraph (g)(1)(ii) of the proposed 
AD (in the NPRM) to state that the actions are to be repeated until the 
preventive modification in paragraph (k) or the terminating action in 
paragraph (l) of the proposed AD has been accomplished. Boeing added 
that this change is consistent with the provisions of Boeing Alert 
Service Bulletin 737-53A1261, Revision 1, dated January 30, 2015, and 
the requirements of AD 2008-13-12 R1.
    We agree with the commenter for the reasons provided. We have 
clarified paragraph (g)(1)(ii) of this proposed AD accordingly.

Request To Clarify Inspection Locations

    Boeing asked that we change paragraph (g)(2)(i) of the proposed AD 
(in the NPRM) to clarify that the inspections are for ``existing frame 
repairs,'' instead of ``frames.'' Boeing requested that we change 
``frame'' to ``frame repairs,'' and ``tied frames'' to ``existing frame 
repairs.''
    We agree with the commenter. We have revised paragraph (g)(2)(i) of 
this proposed AD accordingly.

Request To Revise Inspection Type

    Boeing asked that we revise paragraphs (k) and (l) of the proposed 
AD (in the NPRM) by changing ``detailed and HFEC inspections'' to just 
``HFEC inspections.'' Boeing stated that detailed inspections are not 
specified during accomplishment of the preventive modification in 
Boeing Alert Service Bulletin 737-53A1261, Revision 1, dated January 
30, 2015.
    We agree with the commenter for the reason provided. We have 
removed ``detailed'' inspections from paragraphs (k) and (l) of this 
proposed AD.

Request To Change Certain Language in Paragraph (l)(2) of the Proposed 
AD

    Boeing asked that we change paragraph (l)(2) of the proposed AD (in 
the NPRM), which stated that the repair would terminate the repetitive 
inspections required by paragraph (g)(1) of this AD. Boeing requested 
that the proposed AD instead state that the repair would terminate not 
only the repetitive inspections, but also the preventive modification 
required by

[[Page 79397]]

paragraph (k) of the proposed AD. Boeing added that Boeing Alert 
Service Bulletin 737-53A1261, Revision 1, dated January 30, 2015, 
provides a terminating action provision for the repetitive inspections 
and the preventive modification under the repair. Boeing stated that 
accomplishment of the repair removes the WFD, and therefore the 
preventive modification is not required for repaired frames.
    We agree with the commenter for the reasons provided. We have 
clarified the language in paragraph (l)(2) of this proposed AD 
accordingly.

Request To Move Terminating Action in Paragraph (l)(3) of the Proposed 
AD to the Credit Paragraph

    Boeing asked that we move the terminating action specified in 
paragraph (l)(3) of the proposed AD (in the NPRM) into the credit for 
previous actions specified in paragraph (m) of the proposed AD (in the 
NPRM) for clarification. Boeing stated that accomplishment of the 
repair or preventive modification, as specified in Boeing Message M-
7200-02-1294, dated August 20, 2002, is a ``previous action'' similar 
to accomplishment of the repair or preventive modification specified in 
Boeing Alert Service Bulletin 737-53A1261, dated January 19, 2006. 
Boeing added that paragraph (l)(3) of the proposed AD (in the NPRM) 
stated that the repair or preventive modification done before the 
effective date of the AD terminates the repetitive inspection 
requirements of paragraph (g)(1) of the proposed AD (in the NPRM). 
Boeing also asked that we revise the proposed AD (in the NPRM) to state 
that accomplishment of the repair or preventive modification in 
accordance with Boeing Message M-7200-02-1294, dated August 20, 2002, 
if performed before the effective date of the AD, would also terminate 
the preventive modification required by paragraph (k) of the proposed 
AD (in the NPRM).
    We agree to revise paragraph (l)(3) of this proposed AD to state 
that a repair or preventive modification done in accordance with Boeing 
Message M-7200-02-1294, dated August 20, 2002, is acceptable for 
terminating both the inspections and the preventive modification 
requirements in paragraphs (g)(1) and (k) of this proposed AD 
respectively. We have changed paragraph (l)(3) of this proposed AD 
accordingly.
    We do not agree to move paragraph (l)(3) of the proposed AD (in the 
NPRM) into the credit for previous actions specified in paragraph (m) 
of this proposed AD. Paragraph (m) of this proposed AD is intended to 
give credit for actions accomplished using previous revisions of 
service information for accomplishing corresponding actions prior to 
the effective date of the AD; it does not terminate any actions and 
does not address future actions.

Request To Provide Credit for Certain Repairs

    Boeing asked that we change paragraph (m) of the proposed AD (in 
the NPRM) to provide credit for repairs that were accomplished before 
the effective date of the AD, in accordance with Boeing Alert Service 
Bulletin 737-53A1261, dated January 19, 2006. Boeing stated that the 
repair procedures are the same as those in Boeing Alert Service 
Bulletin 737-53A1261, Revision 1, dated January 30, 2015 (as specified 
in paragraph (l)(2) of the proposed AD (in the NPRM)).
    We agree with the commenter for the reason provided. We have added 
a new paragraph (m)(3) to this proposed AD to give credit for repairs 
specified in paragraph (l)(2) of the this proposed AD that are 
accomplished before the effective date of this proposed AD.

Request To Remove Repairs as Terminating Action Under Certain 
Conditions

    Boeing asked that we change paragraph (l)(4) of the proposed AD (in 
the NPRM) to remove repairs as acceptable terminating action. Boeing 
stated that paragraph (l)(4) of the proposed AD (in the NPRM) would 
provide a terminating action provision for the repetitive inspections 
required by paragraph (g)(2) of the proposed AD (in the NPRM) if a 
repair or preventive modification is accomplished that is different 
from the one provided in Boeing Alert Service Bulletin 737-53A1261, 
Revision 1, dated January 30, 2015, provided it has been approved by 
the Manager, Los Angeles Aircraft Certification Office. Boeing added 
that there have been repairs performed in the past that involve 
trimming the production upper frame web near S-11 and replacing it with 
an identical replacement frame web without additional reinforcement 
similar to the preventive modification or repair. Boeing noted that the 
repair is structurally acceptable; however, it does not sufficiently 
reinforce the frame to provide terminating action for the inspections, 
and would require further service actions, including inspections and a 
preventive modification. Boeing added that the additional inspection 
requirements should be specified in the AMOC approval, and noted that a 
preventive modification would not necessarily be required since prior 
approvals would not have taken the WFD requirements into account.
    We agree with the commenter for the reasons provided. All 
previously installed repairs or modifications installed in accordance 
with Boeing Alert Service Bulletin 737-53A1261, dated January 19, 2006, 
must be reevaluated or replaced to ensure that all WFD requirements are 
met. Therefore, we have removed paragraph (l)(4) of the proposed AD (in 
the NPRM) from this proposed AD.

FAA's Determination

    We are proposing this SNPRM because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design. 
Certain changes described above expand the scope of the NPRM. As a 
result, we have determined that it is necessary to reopen the comment 
period to provide additional opportunity for the public to comment on 
this SNPRM.

Proposed Requirements of This SNPRM

    This SNPRM would require accomplishing the actions specified in the 
service information described previously, except as discussed under 
``Difference Between this AD and the Service Information.'' Refer to 
this service information for information on the procedures and 
compliance times.

Difference Between This SNPRM and the Service Information

    Boeing Alert Service Bulletin 737-53A1261, Revision 1, dated 
January 30, 2015, specifies to contact the manufacturer for certain 
repair instructions, but this proposed AD would require repair methods, 
modification deviations, and alteration deviations in one of the 
following ways:
     In accordance with a method that we approve; or
     Using data that meet the certification basis of the 
airplane, and that have been approved by the Boeing Commercial 
Airplanes Organization Designation Authorization (ODA) whom we have 
authorized to make those findings.

Costs of Compliance

    We estimate that this proposed AD affects 391 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

[[Page 79398]]



                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                     Parts
          Action                 Labor cost           cost        Cost per product       Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
Retained inspections from  Between 18 and 38 work-        $0  Between $1,530 and        Between $598,230 and
 AD 2008-13-12 R1.          hours x $85 per hour,              $3,230 per inspection     $1,262,930, per
                            depending on airplane              cycle.                    inspection cycle.
                            configuration =
                            between $1,530 and
                            $3,230 per inspection
                            cycle.
New proposed inspections.  213 work[dash]hours x          $0  $18,105 per inspection    $7,079,055, per
                            $85 per hour, $18,105              cycle.                    inspection cycle.
                            per inspection cycle.
New proposed modification  256 work-hours x $85     ([sup1])  $21,760.................  $8,508,160
                            per hour = $21,760.
----------------------------------------------------------------------------------------------------------------
\1\ We currently have no specific cost estimates associated with the parts necessary for the proposed
  modification.

    We have received no definitive data that would enable us to provide 
a cost estimate for the on-condition actions specified in this proposed 
AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation Programs'' 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD) 
2008-13-12 R1, Amendment 39-15719 (73 FR 67383, November 14, 2008), and 
adding the following new AD.

The Boeing Company: Docket No. FAA-2015-3984; Directorate Identifier 
2015-NM-033-AD.

(a) Comments Due Date

    We must receive comments by December 29, 2016.

(b) Affected ADs

    This AD replaces AD 2008-13-12 R1, Amendment 39-15719 (73 FR 
67383, November 14, 2008) (``AD 2008-13-12 R1'').

(c) Applicability

    (1) This AD applies to The Boeing Company Model 737-100, -200, -
200C, -300, -400, and -500 series airplanes, certificated in any 
category, as identified in Boeing Alert Service Bulletin 737-
53A1261, Revision 1, dated January 30, 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 additional fatigue cracking 
of the upper-frame-to-side-frame splice of the fuselage, and one 
report of a severed frame due to susceptibility to widespread 
fatigue damage (WFD). We are issuing this AD to detect and correct 
fatigue cracking of the upper-frame-to-side-frame splice of the 
fuselage, which could result in reduced structural integrity of the 
frame and adjacent lap joint, causing increased loading in the 
fuselage skin, which will accelerate skin crack growth and result in 
decompression of the airplane.

(f) Compliance

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

(g) Repetitive Inspections and Corrective Actions for Certain Airplanes

    (1) For Groups 1 through 3, Configurations 1, 3, 4, and 5 
airplanes; Group 7, Configurations 1, 3, 4, and 5 airplanes; Groups 
4 through 6, Configurations 1, 3, 4, and 6 airplanes; and Groups 8 
through 11, Configurations 1, 3, 4, and 6 airplanes; as identified 
in Boeing Alert Service Bulletin 737-53A1261, Revision 1, dated 
January 30, 2015: Do the actions specified in paragraphs (g)(1)(i) 
and (g)(1)(ii) of this AD, and all applicable corrective actions, in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 737-53A1261, Revision 1, dated January 30, 2015, 
except as required by paragraph (i)(3) of this AD. Do all applicable 
corrective actions before further flight.
    (i) At the applicable time specified in Tables 1, 2, 3, 5, 6, 
and 8 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service 
Bulletin 737-53A1261, Revision 1, dated January 30, 2015, except as 
required by paragraphs (i)(1) and (i)(2) of this AD: Do medium 
frequency eddy current inspections for cracking of the upper-frame-
to-side-frame splice of the fuselage.
    (ii) Repeat the inspections specified in paragraph (g)(1)(i) of 
this AD at the applicable time specified in Tables 1, 2, 3, 5, 6, 
and 8 of paragraph 1.E., ``Compliance,'' of

[[Page 79399]]

Boeing Alert Service Bulletin 737-53A1261, Revision 1, dated January 
30, 2015, until the preventive modification required by paragraph 
(k) of this AD, or a terminating action specified in paragraph (l) 
of this AD, has been accomplished. The inspections are terminated 
for the repaired or modified areas only.
    (2) For Groups 4 through 6, Configurations 2 and 5 airplanes; 
and Groups 8 through 11, Configurations 2 and 5 airplanes; as 
identified in Boeing Alert Service Bulletin 737-53A1261, Revision 1, 
dated January 30, 2015: Do the actions specified in paragraphs 
(g)(2)(i) and (g)(2)(ii) of this AD, and all applicable corrective 
actions, in accordance with the Accomplishment Instructions of 
Boeing Alert Service Bulletin 737-53A1261, Revision 1, dated January 
30, 2015, except as required by paragraph (i)(3) of this AD. Do all 
applicable corrective actions before further flight.
    (i) At the applicable time specified in Tables 4 and 7 of 
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 
737-53A1261, Revision 1, dated January 30, 2015, except as required 
by paragraphs (i)(1) and (i)(2) of this AD: Do a detailed inspection 
to determine if the existing frame repair meets all requirements 
specified in Boeing Alert Service Bulletin 737-53A1261, Revision 1, 
dated January 30, 2015, and for any frame repair that does meet all 
requirements, do detailed and high frequency eddy current (HFEC) 
inspections for cracking of the existing frame repairs.
    (ii) Repeat the inspections for cracking specified in paragraph 
(g)(2)(i) of this AD at the applicable time specified in Tables 4 
and 7 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service 
Bulletin 737-53A1261, Revision 1, dated January 30, 2015.

(h) Post-Repair and Post-Modification Actions for Certain Airplanes

    For Group 1, Configurations 2 and 6 airplanes; Group 2, 
Configurations 2 and 6 airplanes; Group 3, Configurations 2 and 6 
airplanes; and Group 7, Configurations 2 and 6 airplanes; as 
identified in Boeing Alert Service Bulletin 737-53A1261, Revision 1, 
dated January 30, 2015: Within 120 days after the effective date of 
this AD, do post-repair and post-modification actions using a method 
approved in accordance with the procedures specified in paragraph 
(n) of this AD.

(i) Exceptions to Service Bulletin Specifications

    (1) Where Boeing Alert Service Bulletin 737-53A1261, Revision 1, 
dated January 30, 2015, specifies a compliance time ``after the 
Revision 1 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 737-53A1261, 
Revision 1, dated January 30, 2015, specifies a condition based on 
whether an airplane has or has not been inspected, this AD bases the 
condition on whether an airplane has or has not been inspected as of 
the effective date of this AD.
    (3) Where Boeing Alert Service Bulletin 737-53A1261, Revision 1, 
dated January 30, 2015, specifies to contact Boeing for repair 
instructions: Before further flight, repair using a method approved 
in accordance with the procedures specified in paragraph (n) of this 
AD.

(j) Post-Repair/Post-Modification Inspections

    For Groups 4 through 6, Configurations 1, 3, 4, 6, 7, 8, 9, and 
10 airplanes; and Groups 8 through 11, Configurations 1, 3, 4, 6, 7, 
8, 9, and 10 airplanes; as identified in Boeing Alert Service 
Bulletin 737-53A1261, Revision 1, dated January 30, 2015: Except as 
provided by paragraphs (i)(1) and (i)(2) of this AD, at the 
applicable time specified in Tables 12 through 17 of paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 737-53A1261, 
Revision 1, dated January 30, 2015; do the post-repair/post-
modification inspections, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin 737-53A1261, Revision 
1, dated January 30, 2015, except as required by paragraph (i)(3) of 
this AD. Do all applicable corrective actions before further flight.

(k) Preventive Modification for Certain Airplanes

    For Groups 4 through 6, Configurations 1, 3, 4, and 6 airplanes; 
and Groups 8 through 11, Configurations 1, 3, 4, and 6 airplanes; as 
identified in Boeing Alert Service Bulletin 737-53A1261, Revision 1, 
dated January 30, 2015: Except as provided by paragraphs (i)(1) and 
(i)(2) of this AD, at the applicable time specified in Tables 3, 5, 
6, and 8 in paragraph 1.E., ``Compliance,'' of Boeing Alert Service 
Bulletin 737-53A1261, Revision 1, dated January 30, 2015, do the 
preventive modification, including HFEC inspections for cracking and 
applicable corrective actions, in accordance with Part 4 of the 
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
53A1261, Revision 1, dated January 30, 2015, except as required by 
paragraph (i)(3) of this AD. Do all applicable corrective actions 
before further flight. Accomplishing the modification required by 
this paragraph terminates the inspections required by paragraph 
(g)(1) of this AD for the modified area only.

(l) Terminating Action

    (1) For Groups 4 through 6, Configurations 1, 3, 4, and 6 
airplanes; and Groups 8 through 11, Configurations 1, 3, 4, and 6 
airplanes; as identified in Boeing Alert Service Bulletin 737-
53A1261, Revision 1, dated January 30, 2015: Accomplishing the 
preventive modification, including HFEC inspections for cracking and 
applicable corrective actions, in accordance with Part 4 of the 
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
53A1261, Revision 1, dated January 30, 2015, except as required by 
paragraph (i)(3) of this AD, terminates the inspections required by 
paragraph (g)(1) of this AD for the modified area only.
    (2) For Groups 4 through 6, Configurations 3 and 6 airplanes; 
and Groups 8 through 11, Configurations 3 and 6 airplanes; as 
identified in Boeing Alert Service Bulletin 737-53A1261, Revision 1, 
dated January 30, 2015: Accomplishing the repair, including HFEC 
inspections for cracking and applicable corrective actions, in 
accordance with Part 3 of the Accomplishment Instructions of Boeing 
Alert Service Bulletin 737-53A1261, Revision 1, dated January 30, 
2015, except as required by paragraph (i)(3) of this AD, terminates 
the repetitive inspections required by paragraph (g)(1) of this AD, 
and the preventive modification required by paragraph (k) of this 
AD, for the repaired area only.
    (3) Accomplishment of the repair or the preventive modification 
specified in Boeing Message M-7200-02-1294, dated August 20, 2002, 
before the effective date of this AD terminates the repetitive 
inspections required by paragraph (g)(1) of this AD and the 
preventive modification required by paragraph (k) of this AD for the 
repaired or modified area only.

(m) Credit for Previous Actions

    (1) This paragraph provides credit for the inspections required 
by paragraph (g) of this AD, if those inspections were performed 
before the effective date of this AD using Boeing Alert Service 
Bulletin 737-53A1261, dated January 19, 2006, which was incorporated 
by reference in AD 2008-13-12, Amendment 39-15575 (73 FR 38905, July 
8, 2008) (``AD 2008-13-12'').
    (2) This paragraph provides credit for the modification 
specified in paragraphs (k) and (l)(1) of this AD, if performed 
before the effective date of this AD using Boeing Alert Service 
Bulletin 737-53A1261, dated January 19, 2006.
    (3) This paragraph provides credit for repairs specified in 
paragraphs (l)(2) of this AD, if performed before the effective date 
of this AD using Boeing Alert Service Bulletin 737-53A1261, dated 
January 19, 2006.

(n) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles 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 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. For a repair method to be approved, the repair 
must meet the certification basis of the airplane, and the approval 
must specifically refer to this AD.
    (4) AMOCs approved for AD 2008-13-12, and AD 2008-13-12 R1; are 
approved as AMOCs for the corresponding provisions of paragraph (g) 
of this AD.

[[Page 79400]]

(o) Related Information

    (1) For more information about this AD, contact Wayne Lockett, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle ACO, 
1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6447; 
fax: 425-917-6590; email: [email protected].
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may view this referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, Washington. For information on the availability 
of this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on September 12, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-22699 Filed 11-10-16; 8:45 am]
BILLING CODE 4910-13-P



                                                                    Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Proposed Rules                                           79395

                                               DEPARTMENT OF TRANSPORTATION                            Washington, DC 20590, between 9 a.m.                  personal information you provide. We
                                                                                                       and 5 p.m., Monday through Friday,                    will also post a report summarizing each
                                               Federal Aviation Administration                         except Federal holidays.                              substantive verbal contact we receive
                                                                                                          For service information identified in              about this proposed AD.
                                               14 CFR Part 39                                          this SNPRM, contact Boeing
                                                                                                                                                             Discussion
                                               [Docket No. FAA–2015–3984; Directorate                  Commercial Airplanes, Attention: Data
                                                                                                       & Services Management, P.O. Box 3707,                    We issued an NPRM to amend 14 CFR
                                               Identifier 2015–NM–033–AD]
                                                                                                       MC 2H–65, Seattle, WA 98124–2207;                     part 39 to supersede AD 2008–13–12 R1,
                                               RIN 2120–AA64                                           telephone 206–544–5000, extension 1;                  Amendment 39–15719 (73 FR 67383,
                                                                                                       fax 206–766–5680; Internet https://                   November 14, 2008) (‘‘AD 2008–13–12
                                               Airworthiness Directives; The Boeing                                                                          R1’’). AD 2008–13–12 R1 applied to
                                                                                                       www.myboeingfleet.com. You may view
                                               Company Airplanes                                                                                             certain The Boeing Company Model
                                                                                                       this referenced service information at
                                               AGENCY:  Federal Aviation                               the FAA, Transport Airplane                           737–100, –200, –200C, –300, –400, and
                                               Administration (FAA), DOT.                              Directorate, 1601 Lind Avenue SW.,                    –500 series airplanes. AD 2008–13–12
                                                                                                       Renton, WA. For information on the                    R1 requires various repetitive
                                               ACTION: Supplemental notice of
                                                                                                       availability of this material at the FAA,             inspections for cracking of the upper-
                                               proposed rulemaking (SNPRM);                                                                                  frame-to-side-frame splice of the
                                               reopening of comment period.                            call 425–227–1221. It is also available
                                                                                                       on the Internet at http://                            fuselage, and other specified and
                                               SUMMARY:   We are revising an earlier                   www.regulations.gov by searching for                  corrective actions if necessary. AD
                                               proposal to supersede Airworthiness                     and locating Docket No. FAA–2015–                     2008–13–12 R1 also provides for an
                                               Directive (AD) 2008–13–12 R1, for                       3984.                                                 optional preventive modification, which
                                               certain The Boeing Company Model                                                                              terminates the repetitive inspections.
                                                                                                       Examining the AD Docket                               AD 2008–13–12 R1 resulted from a
                                               737–100, –200, –200C, –300, –400, and
                                               –500 series airplanes. AD 2008–13–12                       You may examine the AD docket on                   report that the upper frame of the
                                               R1 requires various repetitive                          the Internet at http://                               fuselage was severed between stringers
                                               inspections for cracking of the upper-                  www.regulations.gov by searching for                  (S) S–13L and S–14L at station (STA)
                                               frame-to-side-frame splice of the                       and locating Docket No. FAA–2015–                     747, and the adjacent frame at STA 767
                                               fuselage, and other specified and                       3984; or in person at the Docket                      had a 1.3-inch-long crack at the same
                                               corrective actions if necessary; and also               Management Facility between 9 a.m.                    stringer location. The NPRM published
                                               provides for an optional preventive                     and 5 p.m., Monday through Friday,                    in the Federal Register on October 9,
                                               modification, which would terminate                     except Federal holidays. The AD docket                2015 (80 FR 61133) (‘‘The NPRM’’). The
                                               the repetitive inspections. This action                 contains this proposed AD, the                        NPRM was prompted by reports of
                                               revises the notice of proposed                          regulatory evaluation, any comments                   additional fatigue cracking of the upper-
                                               rulemaking (NPRM) by adding post-                       received, and other information. The                  frame-to-side-frame splice of the
                                               repair/post-modification inspections.                   street address for the Docket Office                  fuselage, and one report of a severed
                                               We are proposing this SNPRM to detect                   (phone: 800–647–5527) is in the                       frame. The NPRM proposed to add, for
                                               and correct fatigue cracking of the                     ADDRESSES section. Comments will be                   certain airplanes, an inspection to
                                               upper-frame-to-side-frame splice of the                 available in the AD docket shortly after              determine if the existing frame repair
                                               fuselage, which could result in reduced                 receipt.                                              meets all specified requirements, and
                                               structural integrity of the frame and                   FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                             for certain other airplanes, a new
                                               adjacent lap joint, causing increased                   Wayne Lockett, Aerospace Engineer,                    modification of the upper-frame-to-side-
                                               loading in the fuselage skin, which will                Airframe Branch, ANM–120S, FAA,                       frame splice, which would terminate the
                                               accelerate skin crack growth and result                 Seattle Aircraft Certification Office,                repetitive inspections. The NPRM also
                                               in decompression of the airplane. Since                 1601 Lind Avenue SW., Renton, WA                      proposed to reduce certain inspection
                                               these actions impose an additional                      98057–3356; phone: 425–917–6447; fax:                 thresholds and repetitive intervals.
                                               burden over that proposed in the NPRM,                  425–917–6590; email: wayne.lockett@                   Actions Since Previous NPRM Was
                                               we are reopening the comment period to                  faa.gov.                                              Issued
                                               allow the public the chance to comment                  SUPPLEMENTARY INFORMATION:                              Since we issued the NPRM, we have
                                               on these proposed changes.
                                                                                                                                                             determined that it is necessary to
                                               DATES: We must receive comments on                      Comments Invited
                                                                                                                                                             require post-repair/post-modification
                                               this SNPRM by December 29, 2016.                          We invite you to send any written                   inspections that were not included in
                                               ADDRESSES: You may send comments,                       relevant data, views, or arguments about              the NPRM.
                                               using the procedures found in 14 CFR                    this proposed AD. Send your comments
                                               11.43 and 11.45, by any of the following                to an address listed under the                        Related Service Information Under 1
                                               methods:                                                ADDRESSES section. Include ‘‘Docket No.               CFR Part 51
                                                  • Federal eRulemaking Portal: Go to                  FAA–2015–3984; Directorate Identifier                    We reviewed Boeing Alert Service
                                               http://www.regulations.gov. Follow the                  2015–NM–033–AD’’ at the beginning of                  Bulletin 737–53A1261, Revision 1,
                                               instructions for submitting comments.                   your comments. We specifically invite                 dated January 30, 2015. The service
                                                  • Fax: 202–493–2251.                                 comments on the overall regulatory,                   information describes procedures for
                                                  • Mail: U.S. Department of                           economic, environmental, and energy                   various repetitive inspections for
                                               Transportation, Docket Operations, M–                   aspects of this proposed AD. We will                  cracking of the upper-frame-to-side-
Lhorne on DSK30JT082PROD with PROPOSALS




                                               30, West Building Ground Floor, Room                    consider all comments received by the                 frame splice of the fuselage, a
                                               W12–140, 1200 New Jersey Avenue SE.,                    closing date and may amend this                       preventive modification to prevent
                                               Washington, DC 20590.                                   proposed AD because of those                          WFD, an inspection to determine if the
                                                  • Hand Delivery: U.S. Department of                  comments.                                             existing frame repair meets all specified
                                               Transportation, Docket Operations, M–                     We will post all comments we                        requirements, and corrective actions.
                                               30, West Building Ground Floor, Room                    receive, without change, to http://                   This service information is reasonably
                                               W12–140, 1200 New Jersey Avenue SE.,                    www.regulations.gov, including any                    available because the interested parties


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                                               79396                Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Proposed Rules

                                               have access to it through their normal                  Request To Clarify That the NPRM                        We agree to provide clarification. We
                                               course of business or by the means                      Addresses WFD                                         agree that the commenter’s statement is
                                               identified in the ADDRESSES section.                      Boeing asked that we update the                     accurate. However, we have removed
                                                                                                       language in ‘‘Actions Since AD 2008–                  details relating to the NPRM from the
                                               Comments                                                                                                      SUMMARY section of this SNPRM;
                                                                                                       13–12 R1, Amendment 39–15719 (73 FR
                                                 We gave the public the opportunity to                 67383, November 14, 2008) Was Issued’’                therefore, no change is necessary to this
                                               comment on the NPRM. The following                      section of the NPRM to clarify that this              SNPRM in this regard.
                                               presents the comments received on the                   action is intended to address WFD by                  Request To Clarify Provisions Related
                                               NPRM and the FAA’s response to each                     supporting the airplane’s limit of                    to Repetitive Actions
                                               comment. One commenter supported                        validity (LOV). Boeing noted that a
                                                                                                       recently issued WFD-related AD action                    Boeing asked that we clarify
                                               the actions specified in the NPRM.                                                                            paragraph (g)(1)(ii) of the proposed AD
                                                                                                       used different language regarding WFD.
                                               Request To Require Post-Repair/Post-                    Boeing stated that Boeing Alert Service               (in the NPRM) to state that the actions
                                               Modification Inspections                                Bulletin 737–53A1261, Revision 1,                     are to be repeated until the preventive
                                                                                                       dated January 30, 2015, was released in               modification in paragraph (k) or the
                                                  Boeing asked that we change                          support of the requirements of 14 CFR                 terminating action in paragraph (l) of
                                               paragraph (j) of the proposed AD (in the                26.21(b) and (c) and provides additional              the proposed AD has been
                                               NPRM) to require the post-repair/post-                  service action required to support LOV.               accomplished. Boeing added that this
                                               modification inspections that are not                     We agree to provide clarification. The              change is consistent with the provisions
                                               required in that paragraph. Boeing                      NPRM addressed WFD in several                         of Boeing Alert Service Bulletin 737–
                                               stated that the WFD evaluation of the                   locations in the preamble. To clarify,                53A1261, Revision 1, dated January 30,
                                               frame repair/modification specified in                  this action is intended to address WFD                2015, and the requirements of AD 2008–
                                               Boeing Alert Service Bulletin 737–                      by supporting the airplane’s LOV, as                  13–12 R1.
                                               53A1261, Revision 1, dated January 30,                  stated by Boeing. However, we have not                   We agree with the commenter for the
                                               2015, indicated the need for reduced                    updated the language in that section of               reasons provided. We have clarified
                                               repetitive inspection intervals from                    the NPRM because that section of the                  paragraph (g)(1)(ii) of this proposed AD
                                                                                                       NPRM is not carried over to this                      accordingly.
                                               those provided in Boeing Damage
                                               Tolerance Inspection Data Service                       SNPRM. Therefore, no change to this                   Request To Clarify Inspection Locations
                                               Bulletin 737–00–1006, dated March 12,                   SNPRM is necessary in this regard.
                                                                                                                                                                Boeing asked that we change
                                               2010. Boeing added that since the                       Request To Clarify Certain Procedures                 paragraph (g)(2)(i) of the proposed AD
                                               inspections specified in Boeing Service                 in the Related Service Information                    (in the NPRM) to clarify that the
                                               Bulletin 737–00–1006, dated March 12,                   Section                                               inspections are for ‘‘existing frame
                                               2010, are not to be used for the post-                     Boeing asked that we change the                    repairs,’’ instead of ‘‘frames.’’ Boeing
                                               repair/post-modification inspections                    ‘‘Related Service Information under 1                 requested that we change ‘‘frame’’ to
                                               required by 14 CFR 121.1109(c)(2) or                    CFR part 51’’ section in the NPRM to                  ‘‘frame repairs,’’ and ‘‘tied frames’’ to
                                               129.109(c)(2), they should be required                  clarify the description of the                        ‘‘existing frame repairs.’’
                                               by paragraph (j) of the proposed AD.                    modification procedures in the service                   We agree with the commenter. We
                                                  We agree with the commenter for the                  information. Boeing asked that the                    have revised paragraph (g)(2)(i) of this
                                               reasons provided. We have changed                       proposed language ‘‘. . . a new                       proposed AD accordingly.
                                               paragraph (j) of this SNPRM to require                  preventive modification, which would                  Request To Revise Inspection Type
                                               that post-repair/post-modification                      eliminate the need for the repetitive
                                                                                                       inspections’’ be changed to ‘‘. . . a                    Boeing asked that we revise
                                               inspections be done in accordance with                                                                        paragraphs (k) and (l) of the proposed
                                               the Accomplishment Instructions of                      preventive modification to prevent the
                                                                                                       WFD.’’ Boeing stated that Boeing Alert                AD (in the NPRM) by changing
                                               Boeing Alert Service Bulletin 737–                                                                            ‘‘detailed and HFEC inspections’’ to just
                                               53A1261, Revision 1, dated January 30,                  Service Bulletin 737–53A1261, Revision
                                                                                                       1, dated January 30, 2015, retains all                ‘‘HFEC inspections.’’ Boeing stated that
                                               2015.                                                                                                         detailed inspections are not specified
                                                                                                       inspections specified in Boeing Alert
                                               Effect of Winglets on Accomplishment                    Service Bulletin 737–53A1261, dated                   during accomplishment of the
                                               of the Proposed Actions                                 January 19, 2006, and mandates the                    preventive modification in Boeing Alert
                                                                                                       previously optional preventive                        Service Bulletin 737–53A1261, Revision
                                                  Aviation Partners Boeing stated that                 modification to mitigate the WFD                      1, dated January 30, 2015.
                                               accomplishing the Supplemental Type                     concern.                                                 We agree with the commenter for the
                                               Certificate (STC) ST01219SE does not                       We agree with the commenter for the                reason provided. We have removed
                                               affect the actions specified in the                     reasons provided. We have clarified the               ‘‘detailed’’ inspections from paragraphs
                                               NPRM.                                                   ‘‘Related Service Information under 1                 (k) and (l) of this proposed AD.
                                                  We agree with the commenter. We                      CFR part 51’’ section of this SNPRM                   Request To Change Certain Language in
                                                                                                       accordingly.                                          Paragraph (l)(2) of the Proposed AD
                                               have changed paragraph (c) of this
                                               proposed AD to state that installation of               Request To Clarify Reason for                           Boeing asked that we change
                                               STC ST01219SE does not affect the                       Supersedure                                           paragraph (l)(2) of the proposed AD (in
                                               ability to accomplish the actions                         Boeing asked that we clarify in the                 the NPRM), which stated that the repair
Lhorne on DSK30JT082PROD with PROPOSALS




                                               required by this final rule. Therefore, for             SUMMARY section of the NPRM the                       would terminate the repetitive
                                               airplanes on which STC ST01219SE is                     events that prompted the proposed                     inspections required by paragraph (g)(1)
                                               installed, a ‘‘change in product’’                      supersedure of AD 2008–13–12 R1.                      of this AD. Boeing requested that the
                                               alternative methods of compliance                       Boeing stated that instead of two reports             proposed AD instead state that the
                                               (AMOC) approval request is not                          of severed frames, as specified in the                repair would terminate not only the
                                               necessary to comply with the                            NPRM, there was just one report of a                  repetitive inspections, but also the
                                               requirements of 14 CFR 39.17.                           severed frame.                                        preventive modification required by


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                                                                    Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Proposed Rules                                            79397

                                               paragraph (k) of the proposed AD.                       specified in paragraph (m) of this                    requirements should be specified in the
                                               Boeing added that Boeing Alert Service                  proposed AD. Paragraph (m) of this                    AMOC approval, and noted that a
                                               Bulletin 737–53A1261, Revision 1,                       proposed AD is intended to give credit                preventive modification would not
                                               dated January 30, 2015, provides a                      for actions accomplished using previous               necessarily be required since prior
                                               terminating action provision for the                    revisions of service information for                  approvals would not have taken the
                                               repetitive inspections and the                          accomplishing corresponding actions                   WFD requirements into account.
                                               preventive modification under the                       prior to the effective date of the AD; it                We agree with the commenter for the
                                               repair. Boeing stated that                              does not terminate any actions and does               reasons provided. All previously
                                               accomplishment of the repair removes                    not address future actions.                           installed repairs or modifications
                                               the WFD, and therefore the preventive                                                                         installed in accordance with Boeing
                                                                                                       Request To Provide Credit for Certain
                                               modification is not required for repaired                                                                     Alert Service Bulletin 737–53A1261,
                                                                                                       Repairs
                                               frames.                                                                                                       dated January 19, 2006, must be
                                                  We agree with the commenter for the                     Boeing asked that we change                        reevaluated or replaced to ensure that
                                               reasons provided. We have clarified the                 paragraph (m) of the proposed AD (in                  all WFD requirements are met.
                                               language in paragraph (l)(2) of this                    the NPRM) to provide credit for repairs               Therefore, we have removed paragraph
                                               proposed AD accordingly.                                that were accomplished before the                     (l)(4) of the proposed AD (in the NPRM)
                                                                                                       effective date of the AD, in accordance               from this proposed AD.
                                               Request To Move Terminating Action in                   with Boeing Alert Service Bulletin 737–
                                               Paragraph (l)(3) of the Proposed AD to                  53A1261, dated January 19, 2006.                      FAA’s Determination
                                               the Credit Paragraph                                    Boeing stated that the repair procedures                We are proposing this SNPRM
                                                  Boeing asked that we move the                        are the same as those in Boeing Alert                 because we evaluated all the relevant
                                               terminating action specified in                         Service Bulletin 737–53A1261, Revision                information and determined the unsafe
                                               paragraph (l)(3) of the proposed AD (in                 1, dated January 30, 2015 (as specified               condition described previously is likely
                                               the NPRM) into the credit for previous                  in paragraph (l)(2) of the proposed AD                to exist or develop in other products of
                                               actions specified in paragraph (m) of the               (in the NPRM)).                                       the same type design. Certain changes
                                               proposed AD (in the NPRM) for                              We agree with the commenter for the
                                                                                                                                                             described above expand the scope of the
                                               clarification. Boeing stated that                       reason provided. We have added a new
                                                                                                                                                             NPRM. As a result, we have determined
                                               accomplishment of the repair or                         paragraph (m)(3) to this proposed AD to
                                                                                                                                                             that it is necessary to reopen the
                                               preventive modification, as specified in                give credit for repairs specified in
                                                                                                                                                             comment period to provide additional
                                               Boeing Message M–7200–02–1294,                          paragraph (l)(2) of the this proposed AD
                                                                                                                                                             opportunity for the public to comment
                                               dated August 20, 2002, is a ‘‘previous                  that are accomplished before the
                                                                                                                                                             on this SNPRM.
                                               action’’ similar to accomplishment of                   effective date of this proposed AD.
                                               the repair or preventive modification                                                                         Proposed Requirements of This SNPRM
                                                                                                       Request To Remove Repairs as
                                               specified in Boeing Alert Service
                                                                                                       Terminating Action Under Certain                         This SNPRM would require
                                               Bulletin 737–53A1261, dated January
                                                                                                       Conditions                                            accomplishing the actions specified in
                                               19, 2006. Boeing added that paragraph
                                                                                                          Boeing asked that we change                        the service information described
                                               (l)(3) of the proposed AD (in the NPRM)
                                                                                                       paragraph (l)(4) of the proposed AD (in               previously, except as discussed under
                                               stated that the repair or preventive
                                                                                                       the NPRM) to remove repairs as                        ‘‘Difference Between this AD and the
                                               modification done before the effective
                                                                                                       acceptable terminating action. Boeing                 Service Information.’’ Refer to this
                                               date of the AD terminates the repetitive
                                                                                                       stated that paragraph (l)(4) of the                   service information for information on
                                               inspection requirements of paragraph
                                                                                                       proposed AD (in the NPRM) would                       the procedures and compliance times.
                                               (g)(1) of the proposed AD (in the
                                               NPRM). Boeing also asked that we                        provide a terminating action provision                Difference Between This SNPRM and
                                               revise the proposed AD (in the NPRM)                    for the repetitive inspections required               the Service Information
                                               to state that accomplishment of the                     by paragraph (g)(2) of the proposed AD
                                                                                                       (in the NPRM) if a repair or preventive                  Boeing Alert Service Bulletin 737–
                                               repair or preventive modification in
                                                                                                       modification is accomplished that is                  53A1261, Revision 1, dated January 30,
                                               accordance with Boeing Message M–
                                                                                                       different from the one provided in                    2015, specifies to contact the
                                               7200–02–1294, dated August 20, 2002,
                                                                                                       Boeing Alert Service Bulletin 737–                    manufacturer for certain repair
                                               if performed before the effective date of
                                                                                                       53A1261, Revision 1, dated January 30,                instructions, but this proposed AD
                                               the AD, would also terminate the
                                                                                                       2015, provided it has been approved by                would require repair methods,
                                               preventive modification required by
                                                                                                       the Manager, Los Angeles Aircraft                     modification deviations, and alteration
                                               paragraph (k) of the proposed AD (in the
                                                                                                       Certification Office. Boeing added that               deviations in one of the following ways:
                                               NPRM).
                                                  We agree to revise paragraph (l)(3) of               there have been repairs performed in the                 • In accordance with a method that
                                               this proposed AD to state that a repair                 past that involve trimming the                        we approve; or
                                               or preventive modification done in                      production upper frame web near S–11                     • Using data that meet the
                                               accordance with Boeing Message M–                       and replacing it with an identical                    certification basis of the airplane, and
                                               7200–02–1294, dated August 20, 2002,                    replacement frame web without                         that have been approved by the Boeing
                                               is acceptable for terminating both the                  additional reinforcement similar to the               Commercial Airplanes Organization
                                               inspections and the preventive                          preventive modification or repair.                    Designation Authorization (ODA) whom
                                               modification requirements in                            Boeing noted that the repair is                       we have authorized to make those
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                                               paragraphs (g)(1) and (k) of this                       structurally acceptable; however, it does             findings.
                                               proposed AD respectively. We have                       not sufficiently reinforce the frame to               Costs of Compliance
                                               changed paragraph (l)(3) of this                        provide terminating action for the
                                               proposed AD accordingly.                                inspections, and would require further                   We estimate that this proposed AD
                                                  We do not agree to move paragraph                    service actions, including inspections                affects 391 airplanes of U.S. registry.
                                               (l)(3) of the proposed AD (in the NPRM)                 and a preventive modification. Boeing                    We estimate the following costs to
                                               into the credit for previous actions                    added that the additional inspection                  comply with this proposed AD:



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                                               79398                Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Proposed Rules

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

                                               Retained inspec-        Between 18 and 38 work-hours × $85 per hour, depending on air-                           $0    Between $1,530              Between $598,230
                                                 tions from AD           plane configuration = between $1,530 and $3,230 per inspection                                 and $3,230 per              and $1,262,930,
                                                 2008–13–12 R1.          cycle.                                                                                         inspection cycle.           per inspection
                                                                                                                                                                                                    cycle.
                                               New proposed in-        213 work-hours × $85 per hour, $18,105 per inspection cycle ........                     $0    $18,105 per in-             $7,079,055, per in-
                                                 spections.                                                                                                             spection cycle.             spection cycle.
                                               New proposed            256 work-hours × $85 per hour = $21,760 .......................................          (1)   $21,760 .................   $8,508,160
                                                 modification.
                                                  1 We   currently have no specific cost estimates associated with the parts necessary for the proposed modification.


                                                 We have received no definitive data                   under the criteria of the Regulatory                     (AMOC) approval request is not necessary to
                                               that would enable us to provide a cost                  Flexibility Act.                                         comply with the requirements of 14 CFR
                                               estimate for the on-condition actions                                                                            39.17.
                                                                                                       List of Subjects in 14 CFR Part 39
                                               specified in this proposed AD.                                                                                   (d) Subject
                                                                                                         Air transportation, Aircraft, Aviation
                                               Authority for This Rulemaking                                                                                      Air Transport Association (ATA) of
                                                                                                       safety, Incorporation by reference,                      America Code 53, Fuselage.
                                                  Title 49 of the United States Code                   Safety.
                                               specifies the FAA’s authority to issue                                                                           (e) Unsafe Condition
                                                                                                       The Proposed Amendment                                      This AD was prompted by reports of
                                               rules on aviation safety. Subtitle I,
                                               section 106, describes the authority of                   Accordingly, under the authority                       additional fatigue cracking of the upper-
                                               the FAA Administrator. ‘‘Subtitle VII:                  delegated to me by the Administrator,                    frame-to-side-frame splice of the fuselage,
                                                                                                       the FAA proposes to amend 14 CFR part                    and one report of a severed frame due to
                                               Aviation Programs’’ describes in more
                                                                                                       39 as follows:                                           susceptibility to widespread fatigue damage
                                               detail the scope of the Agency’s                                                                                 (WFD). We are issuing this AD to detect and
                                               authority.                                                                                                       correct fatigue cracking of the upper-frame-
                                                  We are issuing this rulemaking under                 PART 39—AIRWORTHINESS
                                                                                                                                                                to-side-frame splice of the fuselage, which
                                               the authority described in Subtitle VII,                DIRECTIVES
                                                                                                                                                                could result in reduced structural integrity of
                                               Part A, Subpart III, Section 44701:                     ■ 1. The authority citation for part 39                  the frame and adjacent lap joint, causing
                                               ‘‘General requirements.’’ Under that                                                                             increased loading in the fuselage skin, which
                                                                                                       continues to read as follows:                            will accelerate skin crack growth and result
                                               section, Congress charges the FAA with
                                               promoting safe flight of civil aircraft in                  Authority: 49 U.S.C. 106(g), 40113, 44701.           in decompression of the airplane.
                                               air commerce by prescribing regulations                 § 39.13    [Amended]                                     (f) Compliance
                                               for practices, methods, and procedures                                                                              Comply with this AD within the
                                               the Administrator finds necessary for                   ■ 2. The FAA amends § 39.13 by                           compliance times specified, unless already
                                               safety in air commerce. This regulation                 removing Airworthiness Directive (AD)                    done.
                                               is within the scope of that authority                   2008–13–12 R1, Amendment 39–15719
                                                                                                       (73 FR 67383, November 14, 2008), and                    (g) Repetitive Inspections and Corrective
                                               because it addresses an unsafe condition                                                                         Actions for Certain Airplanes
                                               that is likely to exist or develop on                   adding the following new AD.
                                                                                                                                                                   (1) For Groups 1 through 3, Configurations
                                               products identified in this rulemaking                  The Boeing Company: Docket No. FAA–                      1, 3, 4, and 5 airplanes; Group 7,
                                               action.                                                     2015–3984; Directorate Identifier 2015–              Configurations 1, 3, 4, and 5 airplanes;
                                                                                                           NM–033–AD.                                           Groups 4 through 6, Configurations 1, 3, 4,
                                               Regulatory Findings
                                                                                                       (a) Comments Due Date                                    and 6 airplanes; and Groups 8 through 11,
                                                 We determined that this proposed AD                                                                            Configurations 1, 3, 4, and 6 airplanes; as
                                                                                                         We must receive comments by December
                                               would not have federalism implications                  29, 2016.                                                identified in Boeing Alert Service Bulletin
                                               under Executive Order 13132. This                                                                                737–53A1261, Revision 1, dated January 30,
                                               proposed AD would not have a                            (b) Affected ADs                                         2015: Do the actions specified in paragraphs
                                               substantial direct effect on the States, on               This AD replaces AD 2008–13–12 R1,                     (g)(1)(i) and (g)(1)(ii) of this AD, and all
                                                                                                       Amendment 39–15719 (73 FR 67383,                         applicable corrective actions, in accordance
                                               the relationship between the national
                                                                                                       November 14, 2008) (‘‘AD 2008–13–12 R1’’).               with the Accomplishment Instructions of
                                               Government and the States, or on the                                                                             Boeing Alert Service Bulletin 737–53A1261,
                                               distribution of power and                               (c) Applicability                                        Revision 1, dated January 30, 2015, except as
                                               responsibilities among the various                         (1) This AD applies to The Boeing                     required by paragraph (i)(3) of this AD. Do all
                                               levels of government.                                   Company Model 737–100, –200, –200C,                      applicable corrective actions before further
                                                 For the reasons discussed above, I                    –300, –400, and –500 series airplanes,                   flight.
                                               certify this proposed regulation:                       certificated in any category, as identified in              (i) At the applicable time specified in
                                                 (1) Is not a ‘‘significant regulatory                 Boeing Alert Service Bulletin 737–53A1261,               Tables 1, 2, 3, 5, 6, and 8 of paragraph 1.E.,
                                               action’’ under Executive Order 12866,                   Revision 1, dated January 30, 2015.                      ‘‘Compliance,’’ of Boeing Alert Service
                                                 (2) Is not a ‘‘significant rule’’ under                  (2) Installation of Supplemental Type                 Bulletin 737–53A1261, Revision 1, dated
                                                                                                       Certificate (STC) ST01219SE (http://                     January 30, 2015, except as required by
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                                               the DOT Regulatory Policies and
                                                                                                       rgl.faa.gov/Regulatory_and_Guidance_                     paragraphs (i)(1) and (i)(2) of this AD: Do
                                               Procedures (44 FR 11034, February 26,                                                                            medium frequency eddy current inspections
                                                                                                       Library/rgstc.nsf/0/BE866B732F6CF31086257
                                               1979),                                                  B9700692796?OpenDocument&Highlight=st0                   for cracking of the upper-frame-to-side-frame
                                                 (3) Will not affect intrastate aviation               1219se) does not affect the ability to                   splice of the fuselage.
                                               in Alaska, and                                          accomplish the actions required by this AD.                 (ii) Repeat the inspections specified in
                                                 (4) Will not have a significant                       Therefore, for airplanes on which STC                    paragraph (g)(1)(i) of this AD at the
                                               economic impact, positive or negative,                  ST01219SE is installed, a ’’change in                    applicable time specified in Tables 1, 2, 3, 5,
                                               on a substantial number of small entities               product’’ alternative method of compliance               6, and 8 of paragraph 1.E., ‘‘Compliance,’’ of



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                                                                    Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Proposed Rules                                                79399

                                               Boeing Alert Service Bulletin 737–53A1261,                (3) Where Boeing Alert Service Bulletin             HFEC inspections for cracking and applicable
                                               Revision 1, dated January 30, 2015, until the           737–53A1261, Revision 1, dated January 30,            corrective actions, in accordance with Part 3
                                               preventive modification required by                     2015, specifies to contact Boeing for repair          of the Accomplishment Instructions of
                                               paragraph (k) of this AD, or a terminating              instructions: Before further flight, repair           Boeing Alert Service Bulletin 737–53A1261,
                                               action specified in paragraph (l) of this AD,           using a method approved in accordance with            Revision 1, dated January 30, 2015, except as
                                               has been accomplished. The inspections are              the procedures specified in paragraph (n) of          required by paragraph (i)(3) of this AD,
                                               terminated for the repaired or modified areas           this AD.                                              terminates the repetitive inspections required
                                               only.                                                   (j) Post-Repair/Post-Modification Inspections         by paragraph (g)(1) of this AD, and the
                                                  (2) For Groups 4 through 6, Configurations                                                                 preventive modification required by
                                               2 and 5 airplanes; and Groups 8 through 11,                For Groups 4 through 6, Configurations 1,          paragraph (k) of this AD, for the repaired area
                                               Configurations 2 and 5 airplanes; as                    3, 4, 6, 7, 8, 9, and 10 airplanes; and Groups        only.
                                               identified in Boeing Alert Service Bulletin             8 through 11, Configurations 1, 3, 4, 6, 7, 8,          (3) Accomplishment of the repair or the
                                               737–53A1261, Revision 1, dated January 30,              9, and 10 airplanes; as identified in Boeing          preventive modification specified in Boeing
                                               2015: Do the actions specified in paragraphs            Alert Service Bulletin 737–53A1261,                   Message M–7200–02–1294, dated August 20,
                                               (g)(2)(i) and (g)(2)(ii) of this AD, and all            Revision 1, dated January 30, 2015: Except as         2002, before the effective date of this AD
                                               applicable corrective actions, in accordance            provided by paragraphs (i)(1) and (i)(2) of           terminates the repetitive inspections required
                                               with the Accomplishment Instructions of                 this AD, at the applicable time specified in          by paragraph (g)(1) of this AD and the
                                               Boeing Alert Service Bulletin 737–53A1261,              Tables 12 through 17 of paragraph 1.E.,               preventive modification required by
                                               Revision 1, dated January 30, 2015, except as           ‘‘Compliance,’’ of Boeing Alert Service               paragraph (k) of this AD for the repaired or
                                               required by paragraph (i)(3) of this AD. Do all         Bulletin 737–53A1261, Revision 1, dated               modified area only.
                                               applicable corrective actions before further            January 30, 2015; do the post-repair/post-
                                                                                                       modification inspections, in accordance with          (m) Credit for Previous Actions
                                               flight.
                                                  (i) At the applicable time specified in              the Accomplishment Instructions of Boeing                (1) This paragraph provides credit for the
                                                                                                       Alert Service Bulletin 737–53A1261,                   inspections required by paragraph (g) of this
                                               Tables 4 and 7 of paragraph 1.E.,
                                                                                                       Revision 1, dated January 30, 2015, except as         AD, if those inspections were performed
                                               ‘‘Compliance,’’ of Boeing Alert Service
                                                                                                       required by paragraph (i)(3) of this AD. Do all       before the effective date of this AD using
                                               Bulletin 737–53A1261, Revision 1, dated
                                                                                                       applicable corrective actions before further          Boeing Alert Service Bulletin 737–53A1261,
                                               January 30, 2015, except as required by
                                                                                                       flight.                                               dated January 19, 2006, which was
                                               paragraphs (i)(1) and (i)(2) of this AD: Do a
                                               detailed inspection to determine if the                 (k) Preventive Modification for Certain               incorporated by reference in AD 2008–13–12,
                                               existing frame repair meets all requirements            Airplanes                                             Amendment 39–15575 (73 FR 38905, July 8,
                                               specified in Boeing Alert Service Bulletin                                                                    2008) (‘‘AD 2008–13–12’’).
                                                                                                          For Groups 4 through 6, Configurations 1,
                                               737–53A1261, Revision 1, dated January 30,                                                                       (2) This paragraph provides credit for the
                                                                                                       3, 4, and 6 airplanes; and Groups 8 through
                                               2015, and for any frame repair that does meet                                                                 modification specified in paragraphs (k) and
                                                                                                       11, Configurations 1, 3, 4, and 6 airplanes; as
                                               all requirements, do detailed and high                                                                        (l)(1) of this AD, if performed before the
                                                                                                       identified in Boeing Alert Service Bulletin
                                               frequency eddy current (HFEC) inspections                                                                     effective date of this AD using Boeing Alert
                                                                                                       737–53A1261, Revision 1, dated January 30,
                                               for cracking of the existing frame repairs.                                                                   Service Bulletin 737–53A1261, dated January
                                                                                                       2015: Except as provided by paragraphs (i)(1)
                                                  (ii) Repeat the inspections for cracking             and (i)(2) of this AD, at the applicable time         19, 2006.
                                               specified in paragraph (g)(2)(i) of this AD at          specified in Tables 3, 5, 6, and 8 in paragraph          (3) This paragraph provides credit for
                                               the applicable time specified in Tables 4 and           1.E., ‘‘Compliance,’’ of Boeing Alert Service         repairs specified in paragraphs (l)(2) of this
                                               7 of paragraph 1.E., ‘‘Compliance,’’ of Boeing          Bulletin 737–53A1261, Revision 1, dated               AD, if performed before the effective date of
                                               Alert Service Bulletin 737–53A1261,                     January 30, 2015, do the preventive                   this AD using Boeing Alert Service Bulletin
                                               Revision 1, dated January 30, 2015.                     modification, including HFEC inspections for          737–53A1261, dated January 19, 2006.
                                               (h) Post-Repair and Post-Modification                   cracking and applicable corrective actions, in        (n) Alternative Methods of Compliance
                                               Actions for Certain Airplanes                           accordance with Part 4 of the                         (AMOCs)
                                                                                                       Accomplishment Instructions of Boeing Alert
                                                 For Group 1, Configurations 2 and 6                                                                           (1) The Manager, Los Angeles ACO, FAA,
                                                                                                       Service Bulletin 737–53A1261, Revision 1,
                                               airplanes; Group 2, Configurations 2 and 6              dated January 30, 2015, except as required by         has the authority to approve AMOCs for this
                                               airplanes; Group 3, Configurations 2 and 6              paragraph (i)(3) of this AD. Do all applicable        AD, if requested using the procedures found
                                               airplanes; and Group 7, Configurations 2 and            corrective actions before further flight.             in 14 CFR 39.19. In accordance with 14 CFR
                                               6 airplanes; as identified in Boeing Alert              Accomplishing the modification required by            39.19, send your request to your principal
                                               Service Bulletin 737–53A1261, Revision 1,               this paragraph terminates the inspections             inspector or local Flight Standards District
                                               dated January 30, 2015: Within 120 days after           required by paragraph (g)(1) of this AD for           Office, as appropriate. If sending information
                                               the effective date of this AD, do post-repair           the modified area only.                               directly to the manager of the ACO, send it
                                               and post-modification actions using a                                                                         to the attention of the person identified in
                                               method approved in accordance with the                  (l) Terminating Action                                paragraph (o)(1) of this AD. Information may
                                               procedures specified in paragraph (n) of this              (1) For Groups 4 through 6, Configurations         be emailed to: 9-ANM-LAACO-AMOC-
                                               AD.                                                     1, 3, 4, and 6 airplanes; and Groups 8 through        Requests@faa.gov.
                                                                                                       11, Configurations 1, 3, 4, and 6 airplanes; as         (2) Before using any approved AMOC,
                                               (i) Exceptions to Service Bulletin                                                                            notify your appropriate principal inspector,
                                                                                                       identified in Boeing Alert Service Bulletin
                                               Specifications                                                                                                or lacking a principal inspector, the manager
                                                                                                       737–53A1261, Revision 1, dated January 30,
                                                  (1) Where Boeing Alert Service Bulletin              2015: Accomplishing the preventive                    of the local flight standards district office/
                                               737–53A1261, Revision 1, dated January 30,              modification, including HFEC inspections for          certificate holding district office.
                                               2015, specifies a compliance time ‘‘after the           cracking and applicable corrective actions, in          (3) An AMOC that provides an acceptable
                                               Revision 1 date of this service bulletin,’’ this        accordance with Part 4 of the                         level of safety may be used for any repair
                                               AD requires compliance within the specified             Accomplishment Instructions of Boeing Alert           required by this AD if it is approved by the
                                               compliance time after the effective date of             Service Bulletin 737–53A1261, Revision 1,             Boeing Commercial Airplanes Organization
                                               this AD.                                                dated January 30, 2015, except as required by         Designation Authorization (ODA) that has
                                                  (2) Where the ‘‘Condition’’ column of                paragraph (i)(3) of this AD, terminates the           been authorized by the Manager, Los Angeles
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                                               paragraph 1.E., ‘‘Compliance,’’ of Boeing               inspections required by paragraph (g)(1) of           ACO, to make those findings. For a repair
                                               Alert Service Bulletin 737–53A1261,                     this AD for the modified area only.                   method to be approved, the repair must meet
                                               Revision 1, dated January 30, 2015, specifies              (2) For Groups 4 through 6, Configurations         the certification basis of the airplane, and the
                                               a condition based on whether an airplane has            3 and 6 airplanes; and Groups 8 through 11,           approval must specifically refer to this AD.
                                               or has not been inspected, this AD bases the            Configurations 3 and 6 airplanes; as                    (4) AMOCs approved for AD 2008–13–12,
                                               condition on whether an airplane has or has             identified in Boeing Alert Service Bulletin           and AD 2008–13–12 R1; are approved as
                                               not been inspected as of the effective date of          737–53A1261, Revision 1, dated January 30,            AMOCs for the corresponding provisions of
                                               this AD.                                                2015: Accomplishing the repair, including             paragraph (g) of this AD.



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                                               79400                       Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Proposed Rules

                                               (o) Related Information                                        DEPARTMENT OF HEALTH AND                              Commissioner, Food and Drug
                                                  (1) For more information about this AD,                     HUMAN SERVICES                                        Administration, 10903 New Hampshire
                                               contact Wayne Lockett, Aerospace Engineer,                                                                           Ave., Bldg. 32, Rm. 3326, Silver Spring,
                                               Airframe Branch, ANM–120S, FAA, Seattle                        Food and Drug Administration                          MD 20993–0002, 301–796–9135, email:
                                               ACO, 1601 Lind Avenue SW., Renton, WA                                                                                Lisa.Helmanis.@fda.hhs.gov.
                                               98057–3356; phone: 425–917–6447; fax: 425–                     21 CFR Chapter 1                                      SUPPLEMENTARY INFORMATION:
                                               917–6590; email: wayne.lockett@faa.gov.                        [Docket No. FDA–2008–N–0622]
                                                  (2) For service information identified in                                                                         I. Background
                                               this AD, contact Boeing Commercial                             Withdrawal of Two Proposed Rules                         In 1990, FDA began a process of
                                               Airplanes, Attention: Data & Services                                                                                periodically conducting comprehensive
                                               Management, P.O. Box 3707, MC 2H–65,                           AGENCY:    Food and Drug Administration,              reviews of its regulation process,
                                               Seattle, WA 98124–2207; telephone 206–                         HHS.                                                  including reviewing the backlog of
                                               544–5000, extension 1; fax 206–766–5680;                       ACTION:   Notice of withdrawal.                       notices of proposed rulemakings that
                                               Internet https://www.myboeingfleet.com. You                                                                          were never finalized. As FDA removed
                                               may view this referenced service information                   SUMMARY:   The Food and Drug                          many proposed rules that had not been
                                               at the FAA, Transport Airplane Directorate,                    Administration (FDA) is announcing the                finalized, the Agency was able to clean
                                               1601 Lind Avenue SW., Renton, Washington.                      withdrawal of two proposed rules that                 out the backlog and implement a
                                               For information on the availability of this                    published in the Federal Register more                process of reviewing these proposed
                                               material at the FAA, call 425–227–1221.                        than 5 years ago. These proposed rules                rules every 5 years. In the Federal
                                                                                                              are no longer considered viable                       Register of December 12, 2008 (73 FR
                                                 Issued in Renton, Washington, on
                                                                                                              candidates for final action. FDA is                   75625), FDA withdrew four proposed
                                               September 12, 2016.
                                                                                                              taking this action because these                      rules that were more than 5 years old
                                               Michael Kaszycki,                                              proposed rules are out of date.
                                               Acting Manager, Transport Airplane
                                                                                                                                                                    that it did not intend to finalize.
                                                                                                              DATES: The proposed rules are                            Recently, FDA has conducted a
                                               Directorate, Aircraft Certification Service.
                                                                                                              withdrawn on November 14, 2016.                       review of proposed rules that are more
                                               [FR Doc. 2016–22699 Filed 11–10–16; 8:45 am]
                                                                                                              FOR FURTHER INFORMATION CONTACT: Lisa                 than 5 years old, and is announcing the
                                               BILLING CODE 4910–13–P
                                                                                                              M. Helmanis, Regulations Policy and                   withdrawal the following two proposed
                                                                                                              Management Staff, Office of the                       rules:

                                                                                                                                      Publication date and
                                                                                        Title of proposed rule                                                                 Reason for withdrawal
                                                                                                                                          Docket No.

                                               1 ...................    Availability for Public Disclosure and Submission          1/18/2001, 00N–0989 ....      FDA has reconsidered our position on this issue
                                                                          to FDA for Public Disclosure of Certain Data                                             and deemed our concerns from 2001 outdated.
                                                                          and Information Related to Human Gene Ther-                                              We will continue to assess whether rulemaking
                                                                          apy or Xenotransplantation.                                                              in this area is necessary, and if so, we will pro-
                                                                                                                                                                   ceed with a new proposed rule.
                                               2 ...................    Crabmeat; Amendment of Common or Usual                     4/23/1998, 94P–0043 ....      This proposed rule is obsolete because FDA has
                                                                          Name Regulation.                                                                         created a new process that allows for routine
                                                                                                                                                                   updates to the seafood names without going
                                                                                                                                                                   through notice and comment rulemaking. See
                                                                                                                                                                   FDA’s Guide to Acceptable Market Names for
                                                                                                                                                                   Seafood Sold in Interstate Commerce.



                                                 The withdrawal of these proposals                              Dated: November 8, 2016.                            of 2016 and to amend its regulations
                                               identified in this document does not                           Leslie Kux,                                           regarding responding to subpoenas. The
                                               preclude the Agency from reinstituting                         Associate Commissioner for Policy.                    NMB also proposes to update these
                                               rulemaking concerning the issues                               [FR Doc. 2016–27329 Filed 11–10–16; 8:45 am]          regulations where needed in accordance
                                               addressed in the proposals listed in the                       BILLING CODE 4164–01–P
                                                                                                                                                                    with Department of Justice guidance,
                                               chart. Should we decide to undertake                                                                                 Executive Order 12,600, and changes in
                                               such rulemakings in the future, we will                                                                              Agency practice and procedure.
                                               re-propose the actions and provide new                         NATIONAL MEDIATION BOARD                              DATES: Submit comments on or before
                                               opportunities for comment.                                                                                           January 13, 2017. The NMB will hold a
                                               Furthermore, this notice is only                               29 CFR Part 1208                                      public hearing on Thursday, December
                                               intended to address the specific actions                       [Docket No. C–7156]                                   8, 2016. Submit requests to speak at the
                                               identified in this document, and not any                                                                             hearing until 4 p.m. EST on Thursday,
                                                                                                              RIN 3140–AA00
                                               other pending proposals that the Agency                                                                              December 1, 2016.
                                               has issued or is considering. The                              Access to Information                                 ADDRESSES:   You may submit comments
                                               Agency notes that withdrawal of a
                                                                                                              AGENCY:  National Mediation Board.                    by any of the methods listed below.
                                               proposal does not necessarily mean that                                                                              Please submit requests to speak and
Lhorne on DSK30JT082PROD with PROPOSALS




                                               the preamble statement of the proposal                         ACTION: Proposed rule with request for
                                                                                                                                                                    materials for the public hearing only to
                                               no longer reflects the current position of                     comments; notice of hearing.                          the NMB’s physical or email address.
                                               FDA on the matter addressed. You may                                                                                 Clearly identify all submissions by
                                               wish to review the Agency’s Web site                           SUMMARY:    The National Mediation
                                                                                                              Board (NMB or Board) proposes to                      Docket Number C–7156.
                                               (http://www.fda.gov) for any current
                                                                                                              revise its Freedom of Information Act                   • Federal eRulemaking Portal: http://
                                               guidance on the matter.
                                                                                                              (FOIA) regulations in order to                        www.regulations.gov. Follow the
                                                                                                              implement the FOIA Improvement Act                    instructions for submitting comments.


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Document Created: 2018-10-24 10:48:44
Document Modified: 2018-10-24 10:48:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionSupplemental notice of proposed rulemaking (SNPRM); reopening of comment period.
DatesWe must receive comments on this SNPRM by December 29, 2016.
ContactWayne Lockett, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6447; fax: 425-917-6590; email: [email protected]
FR Citation81 FR 79395 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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