Airworthiness Directives; Boeing Model 737-100, -200, -200C, -300, -400, and -500 Series Airplanes, 56358-56361 [05-19144]
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56358
Federal Register / Vol. 70, No. 186 / Tuesday, September 27, 2005 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–20356; Directorate
Identifier 2004–NM–115–AD; Amendment
39–14294; AD 2005–20–01]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 737–100, –200, –200C, –300,
–400, and –500 Series Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for all
Boeing Model 737–100, –200, –200C,
–300, –400, and –500 series airplanes.
This AD requires repetitive inspections
of the stiffeners at left buttock line (LBL)
and right buttock line (RBL) 6.15 for
cracks; and replacement of both
stiffeners with new, improved stiffeners
if any stiffener is found cracked. This
AD also allows replacement of both
stiffeners at LBL and RBL 6.15 with
new, improved stiffeners, which
terminates the repetitive inspections.
This AD is prompted by reports of
cracks in the stiffeners at LBL and RBL
6.15 on the rear spar of the wing center
section. We are issuing this AD to detect
and correct cracks in the stiffeners at
LBL and RBL 6.15, which could result
in damage to the keel beam structure
and consequently reduce the capability
of the airplane to sustain flight loads.
DATES: This AD becomes effective
November 1, 2005.
The incorporation by reference of a
certain publication listed in the AD is
approved by the Director of the Federal
Register as of November 1, 2005.
ADDRESSES: You may examine the AD
docket on the Internet at https://
dms.dot.gov or in person at the Docket
Management Facility, U.S. Department
of Transportation, 400 Seventh Street,
SW., Nassif Building, room PL–401,
Washington, DC.
Contact Boeing Commercial
Airplanes, PO Box 3707, Seattle,
Washington 98124–2207, for service
information identified in this AD.
FOR FURTHER INFORMATION CONTACT:
Nancy Marsh, Aerospace Engineer,
Airframe Branch, ANM–120S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton,
Washington 98055–4056; telephone
(425) 917–6440; fax (425) 917–6590.
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14:40 Sep 26, 2005
Jkt 205001
Examining the Docket
You may examine the AD docket on
the Internet at https://dms.dot.gov or in
person at the Docket Management
Facility office between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The Docket
Management Facility office (telephone
(800) 647–5227) is located on the plaza
level of the Nassif Building at the street
address stated in the ADDRESSES section.
Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to all Boeing Model 737–100,
–200, –200C, –300, –400, and –500
series airplanes. That NPRM was
published in the Federal Register on
February 15, 2005 (70 FR 7693). (A
correction of the NPRM was published
in the Federal Register on May 19, 2005
(70 FR 28988).) That NPRM proposed to
require repetitive inspections of the
stiffeners at left buttock line (LBL) and
right buttock line (RBL) 6.15 for cracks;
and replacement of both stiffeners with
new, improved stiffeners if any stiffener
is found cracked. That NPRM also
proposed to allow replacement of both
stiffeners at LBL and RBL 6.15 with
new, improved stiffeners, which would
terminate the repetitive inspections.
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comments that have
been submitted on the proposed AD.
Support for the Proposed AD
Two commenters support the
proposed AD.
Request To Use Operator Equivalent
Procedures
One commenter requests that we
revise paragraph (h) of the proposed AD
to allow the use of FAA-approved,
operator equivalent procedures for
draining and gaining access to the
center fuel tanks. The commenter states
that Parts II and III of Boeing Alert
Service Bulletin 737–57A1269, Revision
1, dated September 16, 2004, contain
work steps for de-fueling and purging
the center tanks. The commenter further
states that mandating how the fuel tanks
are purged does not directly affect the
means of correcting the unsafe
condition addressed in the proposed
AD.
We agree that the procedures
specified in Parts II and III are intended
for gaining access to the center tanks.
We also agree that using an equivalent
procedure to gain access would not
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Fmt 4700
Sfmt 4700
adversely affect the means of correcting
the unsafe condition, which is to detect
and correct cracks in the stiffeners at
LBL and RBL 6.15. Therefore, we have
revised the first sentence of paragraph
(h) of this AD to require accomplishing
the applicable actions in Part IV through
Part IX of the service bulletin.
Request for Credit for Previous
Inspections
One commenter requests that
inspections performed in accordance
with Boeing All Operator Telex (AOT)
M–7200–01–00426, dated February 19,
2001, be considered acceptable for
compliance with the inspections
specified in paragraph (g) of the
proposed AD. The commenter states
that both Boeing AOT M–7200–01–
00426 and Boeing Alert Service Bulletin
737–57A1269, Revision 1, dated
September 16, 2004, provide
instructions for doing a detailed
inspection of the stiffeners at LBL and
RBL 6.15 on the rear spar of the wing
center section within the same
compliance time.
We agree that the detailed inspections
specified in Boeing AOT M–7200–01–
00426 are acceptable for compliance
with the corresponding requirements of
this AD. We have added a new
paragraph (k) to this AD to give credit
and re-lettered the subsequent
paragraphs accordingly.
Request To Use New Stiffeners of the
Existing Type Design
Two commenters request that we
revise paragraph (h) of the proposed AD
to add the option of replacing a cracked
stiffener with a new stiffener of the
existing type design (made from 7075–
T6511 aluminum extrusion). One
commenter states that since we have
determined a repetitive inspection
interval of 4,500 flight cycles provides
an adequate level of safety for detecting
cracks in the existing stiffeners, then
replacement with new stiffeners of the
existing type design should also provide
an adequate level of safety if the
repetitive inspections are continued.
Although there is an ample supply of
new stiffeners of the existing type
design available, both commenters are
concerned that there is an insufficient
supply of new, improved stiffeners
(made from 2024–T351 aluminum alloy
plate) to comply with the proposed
replacements.
We do not agree. The manufacturer
has confirmed that there is a sufficient
supply of new, improved stiffeners
available to comply with this AD.
Therefore, no change to this AD is
necessary in this regard.
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Federal Register / Vol. 70, No. 186 / Tuesday, September 27, 2005 / Rules and Regulations
Request To Replace a Stiffener, Only if
Cracked
Two commenters request that we
revise paragraph (h) of the proposed AD
to state that, if only one of the two
stiffeners is found cracked, operators
would be required to replace only the
cracked stiffener instead of both
stiffeners. As justification, the first
commenter states that it frequently finds
only one cracked stiffener during
inspections of the stiffeners at LBL and
RBL 6.15. Both commenters believe that
the proposed AD should allow the
option of replacing only the cracked
stiffener provided that the repetitive
inspections for cracking are continued
until both stiffeners are eventually
replaced. The second commenter
supports this change because replacing
both stiffeners requires additional labor
and material. The commenter also states
that the aggressive initial inspection
threshold will force operators to inspect
affected airplanes outside of a heavy
maintenance visit. The commenter
asserts that the additional impact of
replacing both stiffeners will strain
available resources.
We do not agree because the new,
improved stiffeners are much more rigid
than the stiffeners of the existing type
design. Replacing only one of the two
stiffeners will lead to changes in the
loading of the structure and premature
fatigue of the new, improved stiffener.
However, we acknowledge that
replacing a cracked stiffener with a new
stiffener of the existing type design will
not adversely affect the relative stiffness
of the two keel beam stiffeners, since
they would be the same type design. If
service information containing repair
instructions and subsequent inspection
requirements for replacing a cracked
stiffener with a new stiffener of the
existing type design is developed, under
the provisions of paragraph (l) of this
AD, we may consider requests for
approval of an AMOC. Sufficient data
must be submitted to substantiate that
such a design change would provide an
acceptable level of safety. Therefore, no
change to this AD is necessary in this
regard.
Request To Allow Temporary Repairs
Three commenters request that we
revise the proposed AD to allow
operators to make temporary repairs
until cracked stiffeners can be replaced.
One commenter suggests adding an
interim repair plan to the proposed AD
to give operators time to schedule the
terminating action (replacement of
cracked stiffeners with new, improved
stiffeners). The commenter proposes
that an interim repair plan could consist
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14:40 Sep 26, 2005
Jkt 205001
of stop-drilling small cracks where
possible and reducing the repetitive
inspection intervals to monitor crack
growth, until the terminating action
could be accomplished. The commenter
is concerned it will not be able to
comply with the requirements of the
proposed AD because of the short initial
inspection threshold and number of
affected airplanes in its fleet.
The second commenter states that
repairs done in accordance with Boeing
AOT M–7200–01–00426, dated
February 19, 2001, and Repair Sketch
LOR–760 will take less time than
replacement of the stiffeners, especially
since most of its affected airplanes will
be inspected outside of a heavy
maintenance visit. The third commenter
asks if we would consider the two
temporary repairs, which do not require
access into the center tank, as an AMOC
to the proposed AD.
We partially agree. The FAA is
working with the manufacturer to
establish appropriate inspection and
replacement requirements for this
interim repair. Once this evaluation is
concluded we may, under the
provisions of paragraph (l) of this AD,
we approve the subject interim repairs
as an AMOC. We do not consider that
delaying this final rule is warranted.
Request To Revise Compliance Time
One commenter requests that we
extend the compliance time of the
initial inspection, from 180 days to 15
months for airplanes that have
accumulated less than 30,000 total flight
cycles, to allow affected operators to
perform the inspection during a
regularly scheduled maintenance
interval. The proposed AD reported that
cracked stiffeners were found on two
airplanes with over 40,000 total flight
cycles and on a third airplane with just
over 20,000 total flight cycles. The
commenter believes that the data are not
consistent enough to warrant a short
compliance time for airplanes that have
accumulated fewer than 40,000 total
flight cycles. To comply with the
proposed AD, the operator states that it
would have to inspect more than 1
airplane per week, since the proposed
AD affects the majority of its fleet. The
operator also states that its operations
would be negatively impacted if several
of its airplanes required the terminating
action, estimated at 250 work hours.
We do not agree with the commenter’s
request. The commenter provides no
technical justification for revising this
inspection interval. Furthermore, since
issuing the proposed AD, we have
received numerous additional reports of
cracked stiffeners. Eight of those reports
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56359
included airplanes that have
accumulated fewer than 30,000 total
flight cycles. We have determined that
the compliance time, as proposed,
represents the maximum interval of
time allowable for the affected airplanes
to continue to operate safely before the
inspection is accomplished.
Request To Revise ‘‘Cost of
Compliance’’
One commenter estimates that the
proposed inspection would take about 4
work hours, not 1 work hour as we
specified in the proposed AD. We infer
that the commenter would like us to
revise the ‘‘Cost of Compliance’’ section.
We do not agree, since the commenter
has not provided justification for the
increase in work hours. Our cost
estimate is based on information that
the manufacturer has provided to us,
and we point out that the cost impact
figures discussed in AD rulemaking
actions represent only the time
necessary to perform the specific actions
actually required by the AD. These
figures typically do not include
incidental costs, such as the time
required to gain access and close up,
planning time, or time necessitated by
other administrative actions. Therefore
no change to this AD is necessary in this
regard.
Explanation of Changes Made to This
AD
We have simplified paragraph (h) of
this AD by referring to the ‘‘Alternative
Methods of Compliance (AMOCs)’’
paragraph of this AD for repair methods.
Also, we have revised the ‘‘Alternative
Methods of Compliance (AMOCs)’’
paragraph in this AD to clarify the
delegation authority for Authorized
Representatives for the Boeing
Commercial Airplanes Delegation
Option Authorization.
Conclusion
We have carefully reviewed the
available data, including the comments
that have been submitted, and
determined that air safety and the
public interest require adopting the AD
with the changes described previously.
We have determined that these changes
will neither increase the economic
burden on any operator nor increase the
scope of the AD.
Costs of Compliance
This AD affects about 3,132 airplanes
worldwide. The following table
provides the estimated costs, at an
average labor rate of $65 per hour, for
U.S. operators to comply with this AD.
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56360
Federal Register / Vol. 70, No. 186 / Tuesday, September 27, 2005 / Rules and Regulations
ESTIMATED COSTS
Action
Work hours
Inspection, per inspection cycle
Parts
1
Cost per airplane
None
$65, per inspection cycle ..........
Authority for This Rulemaking
Adoption of the Amendment
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.
I
Regulatory Findings
We have determined that this AD will
not have federalism implications under
Executive Order 13132. This AD will
not have a substantial direct effect on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
(2) Is not a ‘‘significant rule’’ under
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
(3) 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.
We prepared a regulatory evaluation
of the estimated costs to comply with
this AD. See the ADDRESSES section for
a location to examine the regulatory
evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
VerDate Aug<31>2005
14:40 Sep 26, 2005
Jkt 205001
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
I
2005–20–01 Boeing: Amendment 39–14294.
Docket No. FAA–2005–20356;
Directorate Identifier 2004–NM–115–AD.
Effective Date
(a) This AD becomes effective November 1,
2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Boeing Model
737–100, –200, –200C, –300, –400, and –500
series airplanes, certificated in any category.
Unsafe Condition
(d) This AD was prompted by cracks in the
stiffeners at left buttock line (LBL) and right
buttock line (RBL) 6.15 on the rear spar of the
wing center section. We are issuing this AD
to detect and correct cracks in the stiffeners
at LBL and RBL 6.15, which could result in
damage to the keel beam structure and
consequently reduce the capability of the
airplane to sustain flight loads.
Compliance
(e) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Service Bulletin Reference
(f) The term ‘‘service bulletin,’’ as used in
this AD, means the Accomplishment
Instructions of Boeing Alert Service Bulletin
737–57A1269, Revision 1, dated September
16, 2004.
Initial and Repetitive Inspections
(g) Before accumulating 15,000 total flight
cycles, or within 180 days after the effective
date of this AD, whichever occurs later: Do
a detailed inspection of the stiffeners at LBL
and RBL 6.15 for cracks, in accordance with
Part I of the service bulletin. Thereafter at
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Number of
U.S.registered
airplanes
Fmt 4700
Sfmt 4700
1,384
Fleet cost
$89,960, per inspection cycle.
intervals not to exceed 4,500 flight cycles,
repeat the detailed inspection until the
stiffeners at LBL and RBL 6.15 have been
replaced with new, improved stiffeners, in
accordance with paragraph (h) or (i) of this
AD.
Note 1: For the purposes of this AD, a
detailed inspection is: ‘‘An intensive
examination of a specific item, installation,
or assembly to detect damage, failure, or
irregularity. Available lighting is normally
supplemented with a direct source of good
lighting at an intensity deemed appropriate.
Inspection aids such as mirror, magnifying
lenses, etc., may be necessary. Surface
cleaning and elaborate procedures may be
required.’’
Replacement of Cracked Stiffeners
(h) If any crack is found during any
inspection required by this AD, before further
flight, replace both stiffeners with new,
improved stiffeners by doing all of the
applicable actions in Part IV through Part IX,
as applicable, of the service bulletin; except
where the service bulletin specifies to contact
Boeing for appropriate action: Before further
flight, repair using a method approved in
accordance with the procedures specified in
paragraph (l) of this AD. Accomplishing the
replacement terminates the repetitive
inspections required by paragraph (g) of this
AD.
Optional Terminating Action
(i) Replacement of both stiffeners at LBL
and RBL 6.15 with new, improved stiffeners
in accordance with paragraph (h) of this AD
terminates the repetitive inspections required
by this AD.
Credit for Previous Service Bulletin
(j) The actions done before the effective
date of this AD in accordance with Boeing
Alert Service Bulletin 737–57A1269, dated
December 4, 2003, are acceptable for
compliance with the corresponding actions
required by this AD.
Credit for Previous Inspections
(k) Inspections done before the effective
date of this AD in accordance with Boeing
All Operator Telex M–7200–01–00426, dated
February 19, 2001, are acceptable for
compliance with the requirements of
paragraph (g) of this AD.
Alternative Methods of Compliance
(AMOCs)
(l)(1) The Manager, Seattle Aircraft
Certification Office (ACO), FAA, has the
authority to approve AMOCs for this AD, if
requested in accordance with the procedures
found in 14 CFR 39.19.
(2) An AMOC that provides an acceptable
level of safety may be used for any repair
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Federal Register / Vol. 70, No. 186 / Tuesday, September 27, 2005 / Rules and Regulations
required by this AD, if it is approved by an
Authorized Representative for the Boeing
Commercial Airplanes Delegation Option
Authorization Organization who has been
authorized by the Manager, Seattle 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.
Material Incorporated by Reference
(m) You must use Boeing Alert Service
Bulletin 737–57A1269, Revision 1, dated
September 16, 2004, to perform the actions
that are required by this AD, unless the AD
specifies otherwise. The Director of the
Federal Register approved the incorporation
by reference of this document in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
Contact Boeing Commercial Airplanes, P.O.
Box 3707, Seattle, Washington 98124–2207,
for a copy of this service information. You
may review copies at the Docket Management
Facility, U.S. Department of Transportation,
400 Seventh Street, SW., room PL–401,
Nassif Building, Washington, DC; on the
Internet at https://dms.dot.gov; or at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at the NARA,
call (202) 741–6030, or go to https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on
September 16, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–19144 Filed 9–26–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–18788; Directorate
Identifier 2003–NM–203–AD; Amendment
39–14296; AD 2005–20–03]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 737–100, –200, –200C, –300,
–400, and –500 Series Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for certain
Boeing Model 737–100, –200, –200C,
–300, –400, and –500 series airplanes.
This AD requires repetitive inspections
of the intercostal webs, attachment
clips, and stringer splice channels for
cracks; and corrective action if
necessary. This AD is prompted by
reports of fatigue cracks on several
Boeing Model 737–200 series airplanes.
VerDate Aug<31>2005
14:40 Sep 26, 2005
Jkt 205001
We are issuing this AD to detect and
correct fatigue cracking of the
intercostals on the forward and aft sides
of the forward entry door, which could
result in loss of the forward entry door
and rapid decompression of the
airplane.
DATES: This AD becomes effective
November 1, 2005.
The incorporation by reference of a
certain publication listed in the AD is
approved by the Director of the Federal
Register as of November 1, 2005.
ADDRESSES: For service information
identified in this AD, contact Boeing
Commercial Airplanes, P.O. Box 3707,
Seattle, Washington 98124–2207.
Docket: The AD docket contains the
proposed AD, comments, and any final
disposition. You can examine the AD
docket on the Internet at https://
dms.dot.gov, or in person at the Docket
Management Facility office between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The
Docket Management Facility office
(telephone (800) 647–5227) is located on
the plaza level of the Nassif Building at
the U.S. Department of Transportation,
400 Seventh Street, SW., room PL–401,
Washington, DC. This docket number is
FAA–2005–18788; the directorate
identifier for this docket is 2003–NM–
203–AD.
FOR FURTHER INFORMATION CONTACT:
Howard Hall, Aerospace Engineer,
Airframe Branch, ANM–120S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton,
Washington 98055–4056; telephone
(425) 917–6430; fax (425) 917–6590.
SUPPLEMENTARY INFORMATION: The FAA
proposed to amend 14 CFR part 39 with
an AD for certain Model 737–100, –200,
–200C, –300, –400, and –500 series
airplanes. That action, published in the
Federal Register on August 6, 2004 (69
FR 47808), proposed to require
repetitive inspections of the intercostal
webs, attachment clips, and stringer
splice channels for cracks; and
corrective action if necessary.
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comments that have
been submitted on the proposed AD.
Qualified Support for the Proposed AD
One commenter, an operator, stated
that the proposed AD is acceptable
provided that the service bulletin
referenced in the proposed AD is
corrected to reflect the proper work
instructions and to reference accurate
figures for accomplishment.
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56361
The FAA cannot respond to the
generality of the commenter’s statement.
However, other commenters have
requested clarification on certain
aspects of the work instructions and
requested certain revision of the ‘‘Costs
of Compliance’’ section of this AD.
Those comments are specified and
responded to in the appropriate
paragraphs below.
Request for Clarification in Paragraph
(k) of the Proposed AD
Two commenters request that
paragraph (k) be revised to clarify that
the reference to using Figure 201 instead
of Figure 202 of the service bulletin only
applies to Model 737–400 series
airplanes.
We agree that paragraph (k) of the AD
should be clarified and have revised the
AD accordingly.
Request To Withdraw the Proposed AD
One commenter, an operator, states
that the Maintenance Planning
Document (MPD) is the logical
document to accomplish the main
objectives of the inspections specified in
the proposed AD. The commenter
suggests that it makes more sense to
revise MPD Task S53–22-A–2, rather
than to issue an AD. We infer that the
commenter is requesting that the
proposed AD be withdrawn.
We do not agree. We are obligated by
part 39 of the Federal Aviation
Regulations (FAR) to appropriately
address any identified unsafe condition
that is likely to exist on other airplanes.
The MPD is appropriate for addressing
routine maintenance of critical
structural components. However,
operators may submit their specific and
particular MPD task cards for
consideration as an alternative method
of compliance (AMOC) if they wish, in
accordance with paragraph (n) of the
AD. No change is necessary to the AD
in this regard.
Request for More Information
Regarding Paragraph (k) of the
Proposed AD
One commenter, an operator, requests
that inspection specifics be added to
paragraph (k) of the proposed AD for the
stringer–16L (S–16L) area in the postrepair configuration. The commenter
does not believe that Boeing Special
Attention Service Bulletin 737–53–
1204, dated June 19, 2003, referenced in
the proposed AD as the appropriate
source of service information, provides
sufficient inspection specifics in Figure
1.
The FAA does not agree that further
inspection specifics are necessary to
clarify paragraph (k) of the AD. Figure
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Agencies
[Federal Register Volume 70, Number 186 (Tuesday, September 27, 2005)]
[Rules and Regulations]
[Pages 56358-56361]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-19144]
[[Page 56358]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-20356; Directorate Identifier 2004-NM-115-AD;
Amendment 39-14294; AD 2005-20-01]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 737-100, -200, -200C, -
300, -400, and -500 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Boeing Model 737-100, -200, -200C, -300, -400, and -500 series
airplanes. This AD requires repetitive inspections of the stiffeners at
left buttock line (LBL) and right buttock line (RBL) 6.15 for cracks;
and replacement of both stiffeners with new, improved stiffeners if any
stiffener is found cracked. This AD also allows replacement of both
stiffeners at LBL and RBL 6.15 with new, improved stiffeners, which
terminates the repetitive inspections. This AD is prompted by reports
of cracks in the stiffeners at LBL and RBL 6.15 on the rear spar of the
wing center section. We are issuing this AD to detect and correct
cracks in the stiffeners at LBL and RBL 6.15, which could result in
damage to the keel beam structure and consequently reduce the
capability of the airplane to sustain flight loads.
DATES: This AD becomes effective November 1, 2005.
The incorporation by reference of a certain publication listed in
the AD is approved by the Director of the Federal Register as of
November 1, 2005.
ADDRESSES: You may examine the AD docket on the Internet at https://
dms.dot.gov or in person at the Docket Management Facility, U.S.
Department of Transportation, 400 Seventh Street, SW., Nassif Building,
room PL-401, Washington, DC.
Contact Boeing Commercial Airplanes, PO Box 3707, Seattle,
Washington 98124-2207, for service information identified in this AD.
FOR FURTHER INFORMATION CONTACT: Nancy Marsh, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
917-6440; fax (425) 917-6590.
Examining the Docket
You may examine the AD docket on the Internet at https://dms.dot.gov
or in person at the Docket Management Facility office between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. The Docket
Management Facility office (telephone (800) 647-5227) is located on the
plaza level of the Nassif Building at the street address stated in the
ADDRESSES section.
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that would apply to all Boeing Model 737-
100, -200, -200C, -300, -400, and -500 series airplanes. That NPRM was
published in the Federal Register on February 15, 2005 (70 FR 7693). (A
correction of the NPRM was published in the Federal Register on May 19,
2005 (70 FR 28988).) That NPRM proposed to require repetitive
inspections of the stiffeners at left buttock line (LBL) and right
buttock line (RBL) 6.15 for cracks; and replacement of both stiffeners
with new, improved stiffeners if any stiffener is found cracked. That
NPRM also proposed to allow replacement of both stiffeners at LBL and
RBL 6.15 with new, improved stiffeners, which would terminate the
repetitive inspections.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments that have been
submitted on the proposed AD.
Support for the Proposed AD
Two commenters support the proposed AD.
Request To Use Operator Equivalent Procedures
One commenter requests that we revise paragraph (h) of the proposed
AD to allow the use of FAA-approved, operator equivalent procedures for
draining and gaining access to the center fuel tanks. The commenter
states that Parts II and III of Boeing Alert Service Bulletin 737-
57A1269, Revision 1, dated September 16, 2004, contain work steps for
de-fueling and purging the center tanks. The commenter further states
that mandating how the fuel tanks are purged does not directly affect
the means of correcting the unsafe condition addressed in the proposed
AD.
We agree that the procedures specified in Parts II and III are
intended for gaining access to the center tanks. We also agree that
using an equivalent procedure to gain access would not adversely affect
the means of correcting the unsafe condition, which is to detect and
correct cracks in the stiffeners at LBL and RBL 6.15. Therefore, we
have revised the first sentence of paragraph (h) of this AD to require
accomplishing the applicable actions in Part IV through Part IX of the
service bulletin.
Request for Credit for Previous Inspections
One commenter requests that inspections performed in accordance
with Boeing All Operator Telex (AOT) M-7200-01-00426, dated February
19, 2001, be considered acceptable for compliance with the inspections
specified in paragraph (g) of the proposed AD. The commenter states
that both Boeing AOT M-7200-01-00426 and Boeing Alert Service Bulletin
737-57A1269, Revision 1, dated September 16, 2004, provide instructions
for doing a detailed inspection of the stiffeners at LBL and RBL 6.15
on the rear spar of the wing center section within the same compliance
time.
We agree that the detailed inspections specified in Boeing AOT M-
7200-01-00426 are acceptable for compliance with the corresponding
requirements of this AD. We have added a new paragraph (k) to this AD
to give credit and re-lettered the subsequent paragraphs accordingly.
Request To Use New Stiffeners of the Existing Type Design
Two commenters request that we revise paragraph (h) of the proposed
AD to add the option of replacing a cracked stiffener with a new
stiffener of the existing type design (made from 7075-T6511 aluminum
extrusion). One commenter states that since we have determined a
repetitive inspection interval of 4,500 flight cycles provides an
adequate level of safety for detecting cracks in the existing
stiffeners, then replacement with new stiffeners of the existing type
design should also provide an adequate level of safety if the
repetitive inspections are continued. Although there is an ample supply
of new stiffeners of the existing type design available, both
commenters are concerned that there is an insufficient supply of new,
improved stiffeners (made from 2024-T351 aluminum alloy plate) to
comply with the proposed replacements.
We do not agree. The manufacturer has confirmed that there is a
sufficient supply of new, improved stiffeners available to comply with
this AD. Therefore, no change to this AD is necessary in this regard.
[[Page 56359]]
Request To Replace a Stiffener, Only if Cracked
Two commenters request that we revise paragraph (h) of the proposed
AD to state that, if only one of the two stiffeners is found cracked,
operators would be required to replace only the cracked stiffener
instead of both stiffeners. As justification, the first commenter
states that it frequently finds only one cracked stiffener during
inspections of the stiffeners at LBL and RBL 6.15. Both commenters
believe that the proposed AD should allow the option of replacing only
the cracked stiffener provided that the repetitive inspections for
cracking are continued until both stiffeners are eventually replaced.
The second commenter supports this change because replacing both
stiffeners requires additional labor and material. The commenter also
states that the aggressive initial inspection threshold will force
operators to inspect affected airplanes outside of a heavy maintenance
visit. The commenter asserts that the additional impact of replacing
both stiffeners will strain available resources.
We do not agree because the new, improved stiffeners are much more
rigid than the stiffeners of the existing type design. Replacing only
one of the two stiffeners will lead to changes in the loading of the
structure and premature fatigue of the new, improved stiffener.
However, we acknowledge that replacing a cracked stiffener with a new
stiffener of the existing type design will not adversely affect the
relative stiffness of the two keel beam stiffeners, since they would be
the same type design. If service information containing repair
instructions and subsequent inspection requirements for replacing a
cracked stiffener with a new stiffener of the existing type design is
developed, under the provisions of paragraph (l) of this AD, we may
consider requests for approval of an AMOC. Sufficient data must be
submitted to substantiate that such a design change would provide an
acceptable level of safety. Therefore, no change to this AD is
necessary in this regard.
Request To Allow Temporary Repairs
Three commenters request that we revise the proposed AD to allow
operators to make temporary repairs until cracked stiffeners can be
replaced. One commenter suggests adding an interim repair plan to the
proposed AD to give operators time to schedule the terminating action
(replacement of cracked stiffeners with new, improved stiffeners). The
commenter proposes that an interim repair plan could consist of stop-
drilling small cracks where possible and reducing the repetitive
inspection intervals to monitor crack growth, until the terminating
action could be accomplished. The commenter is concerned it will not be
able to comply with the requirements of the proposed AD because of the
short initial inspection threshold and number of affected airplanes in
its fleet.
The second commenter states that repairs done in accordance with
Boeing AOT M-7200-01-00426, dated February 19, 2001, and Repair Sketch
LOR-760 will take less time than replacement of the stiffeners,
especially since most of its affected airplanes will be inspected
outside of a heavy maintenance visit. The third commenter asks if we
would consider the two temporary repairs, which do not require access
into the center tank, as an AMOC to the proposed AD.
We partially agree. The FAA is working with the manufacturer to
establish appropriate inspection and replacement requirements for this
interim repair. Once this evaluation is concluded we may, under the
provisions of paragraph (l) of this AD, we approve the subject interim
repairs as an AMOC. We do not consider that delaying this final rule is
warranted.
Request To Revise Compliance Time
One commenter requests that we extend the compliance time of the
initial inspection, from 180 days to 15 months for airplanes that have
accumulated less than 30,000 total flight cycles, to allow affected
operators to perform the inspection during a regularly scheduled
maintenance interval. The proposed AD reported that cracked stiffeners
were found on two airplanes with over 40,000 total flight cycles and on
a third airplane with just over 20,000 total flight cycles. The
commenter believes that the data are not consistent enough to warrant a
short compliance time for airplanes that have accumulated fewer than
40,000 total flight cycles. To comply with the proposed AD, the
operator states that it would have to inspect more than 1 airplane per
week, since the proposed AD affects the majority of its fleet. The
operator also states that its operations would be negatively impacted
if several of its airplanes required the terminating action, estimated
at 250 work hours.
We do not agree with the commenter's request. The commenter
provides no technical justification for revising this inspection
interval. Furthermore, since issuing the proposed AD, we have received
numerous additional reports of cracked stiffeners. Eight of those
reports included airplanes that have accumulated fewer than 30,000
total flight cycles. We have determined that the compliance time, as
proposed, represents the maximum interval of time allowable for the
affected airplanes to continue to operate safely before the inspection
is accomplished.
Request To Revise ``Cost of Compliance''
One commenter estimates that the proposed inspection would take
about 4 work hours, not 1 work hour as we specified in the proposed AD.
We infer that the commenter would like us to revise the ``Cost of
Compliance'' section.
We do not agree, since the commenter has not provided justification
for the increase in work hours. Our cost estimate is based on
information that the manufacturer has provided to us, and we point out
that the cost impact figures discussed in AD rulemaking actions
represent only the time necessary to perform the specific actions
actually required by the AD. These figures typically do not include
incidental costs, such as the time required to gain access and close
up, planning time, or time necessitated by other administrative
actions. Therefore no change to this AD is necessary in this regard.
Explanation of Changes Made to This AD
We have simplified paragraph (h) of this AD by referring to the
``Alternative Methods of Compliance (AMOCs)'' paragraph of this AD for
repair methods. Also, we have revised the ``Alternative Methods of
Compliance (AMOCs)'' paragraph in this AD to clarify the delegation
authority for Authorized Representatives for the Boeing Commercial
Airplanes Delegation Option Authorization.
Conclusion
We have carefully reviewed the available data, including the
comments that have been submitted, and determined that air safety and
the public interest require adopting the AD with the changes described
previously. We have determined that these changes will neither increase
the economic burden on any operator nor increase the scope of the AD.
Costs of Compliance
This AD affects about 3,132 airplanes worldwide. The following
table provides the estimated costs, at an average labor rate of $65 per
hour, for U.S. operators to comply with this AD.
[[Page 56360]]
Estimated Costs
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Number of
U.S.-
Action Work hours Parts Cost per airplane registered Fleet cost
airplanes
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Inspection, per inspection cycle 1 None $65, per inspection 1,384 $89,960, per
cycle. inspection cycle.
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Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866;
(2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
(3) 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.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD. See the ADDRESSES section for a location to
examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2005-20-01 Boeing: Amendment 39-14294. Docket No. FAA-2005-20356;
Directorate Identifier 2004-NM-115-AD.
Effective Date
(a) This AD becomes effective November 1, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Boeing Model 737-100, -200, -200C, -
300, -400, and -500 series airplanes, certificated in any category.
Unsafe Condition
(d) This AD was prompted by cracks in the stiffeners at left
buttock line (LBL) and right buttock line (RBL) 6.15 on the rear
spar of the wing center section. We are issuing this AD to detect
and correct cracks in the stiffeners at LBL and RBL 6.15, which
could result in damage to the keel beam structure and consequently
reduce the capability of the airplane to sustain flight loads.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Service Bulletin Reference
(f) The term ``service bulletin,'' as used in this AD, means the
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
57A1269, Revision 1, dated September 16, 2004.
Initial and Repetitive Inspections
(g) Before accumulating 15,000 total flight cycles, or within
180 days after the effective date of this AD, whichever occurs
later: Do a detailed inspection of the stiffeners at LBL and RBL
6.15 for cracks, in accordance with Part I of the service bulletin.
Thereafter at intervals not to exceed 4,500 flight cycles, repeat
the detailed inspection until the stiffeners at LBL and RBL 6.15
have been replaced with new, improved stiffeners, in accordance with
paragraph (h) or (i) of this AD.
Note 1: For the purposes of this AD, a detailed inspection is:
``An intensive examination of a specific item, installation, or
assembly to detect damage, failure, or irregularity. Available
lighting is normally supplemented with a direct source of good
lighting at an intensity deemed appropriate. Inspection aids such as
mirror, magnifying lenses, etc., may be necessary. Surface cleaning
and elaborate procedures may be required.''
Replacement of Cracked Stiffeners
(h) If any crack is found during any inspection required by this
AD, before further flight, replace both stiffeners with new,
improved stiffeners by doing all of the applicable actions in Part
IV through Part IX, as applicable, of the service bulletin; except
where the service bulletin specifies to contact Boeing for
appropriate action: Before further flight, repair using a method
approved in accordance with the procedures specified in paragraph
(l) of this AD. Accomplishing the replacement terminates the
repetitive inspections required by paragraph (g) of this AD.
Optional Terminating Action
(i) Replacement of both stiffeners at LBL and RBL 6.15 with new,
improved stiffeners in accordance with paragraph (h) of this AD
terminates the repetitive inspections required by this AD.
Credit for Previous Service Bulletin
(j) The actions done before the effective date of this AD in
accordance with Boeing Alert Service Bulletin 737-57A1269, dated
December 4, 2003, are acceptable for compliance with the
corresponding actions required by this AD.
Credit for Previous Inspections
(k) Inspections done before the effective date of this AD in
accordance with Boeing All Operator Telex M-7200-01-00426, dated
February 19, 2001, are acceptable for compliance with the
requirements of paragraph (g) of this AD.
Alternative Methods of Compliance (AMOCs)
(l)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested in
accordance with the procedures found in 14 CFR 39.19.
(2) An AMOC that provides an acceptable level of safety may be
used for any repair
[[Page 56361]]
required by this AD, if it is approved by an Authorized
Representative for the Boeing Commercial Airplanes Delegation Option
Authorization Organization who has been authorized by the Manager,
Seattle 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.
Material Incorporated by Reference
(m) You must use Boeing Alert Service Bulletin 737-57A1269,
Revision 1, dated September 16, 2004, to perform the actions that
are required by this AD, unless the AD specifies otherwise. The
Director of the Federal Register approved the incorporation by
reference of this document in accordance with 5 U.S.C. 552(a) and 1
CFR part 51. Contact Boeing Commercial Airplanes, P.O. Box 3707,
Seattle, Washington 98124-2207, for a copy of this service
information. You may review copies at the Docket Management
Facility, U.S. Department of Transportation, 400 Seventh Street,
SW., room PL-401, Nassif Building, Washington, DC; on the Internet
at https://dms.dot.gov; or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at the NARA, call (202) 741-6030, or go to https://
www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Renton, Washington, on September 16, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-19144 Filed 9-26-05; 8:45 am]
BILLING CODE 4910-13-P