Airworthiness Directives; Boeing Model 737-100, -200, -200C, -300, -400, and -500 Series Airplanes, 74080-74082 [E8-28819]

Download as PDF dwashington3 on PROD1PC60 with PROPOSALS 74080 Federal Register / Vol. 73, No. 235 / Friday, December 5, 2008 / Proposed Rules referendum in order to trigger the conduct of a referendum. If a referendum is requested, it will be held within 1 year of that determination. On October 1, 1999, through November 16, 1999, a nationwide Request for Referendum was conducted to determine if there was sufficient interest among soybean producers to vote on whether to continue the soybean checkoff program. Ten percent of the 600,813 soybean producers nationwide (not in excess of one-fifth of which may be producers in any one State) needed to participate in the Request for Referendum to trigger a referendum. Only 17,970 eligible soybean producers completed valid requests. Five years later, another Request for Referendum was conducted May 1, 2004, through May 28, 2004. As in the prior Request for Referendum, the purpose was to determine if there was sufficient interest among soybean producers to vote on whether to continue the soybean checkoff Program. To be eligible to participate in the Request for Referendum, producers or the producer entity that they are authorized to represent had to certify and provide supporting documentation showing that they or the producer entity they represent paid an assessment sometime during the representative period between January 1, 2002, and December 31, 2003. Of the total 663,880 soybean producers eligible to participate, 3,206 valid Requests for Referendum were completed. This number did not meet the requisite number of 66,388; therefore, a referendum was not conducted. In accordance with the Act, another Request for Referendum will be conducted in 2009. In this proposed rule, data provided by USDA’s FSA would be used to amend the number of soybean producers in preparation for this upcoming Request for Referendum. Presently, § 1220.616 of the Order states that the number of soybean producers in the United States is 663,880. The latest number of soybean producers identified by FSA is 589,182 soybean producers for crop years 2006 and 2007, using information based on acreage reports compiled on a daily basis. The data were sorted in such a manner as to include all producers that were engaged in the production of soybeans in at least one of the 2 years and exclude counting a producer more than once if that producer engaged in production during both years. Using the last two crop years for which complete data is available ensures that all eligible producers are counted, as some producers use soybeans in rotation with other crops and do not plant soybeans every year or VerDate Aug<31>2005 14:59 Dec 04, 2008 Jkt 217001 the market for some producers in a particular crop year may not have been conducive to growing soybeans. This methodology is consistent with that used during the last amendment to § 1220.616 in 2004. In addition to the changes proposed relating to the number of eligible soybean producers, AMS also intends to amend §§ 1220.622 and 1220.628 to update Web site addresses and office locations as a result of internal changes within the agency. A 15-day comment period is provided for interested persons to comment on the proposed changes to section 1220.616. This comment period is deemed appropriate because the Act provides that the Secretary, every 5 years after the initial continuation referendum, will give soybean producers the opportunity to request additional referenda on the Order. A 15day comment period will allow sufficient time to publish a final rule to amend § 1220.616 before the upcoming Request for Referendum. As such, the number of soybean producers eligible to participate in a Request for Referendum will be established, and a Request for Referendum can be conducted as early in 2009 as practicable. List of Subjects in 7 CFR Part 1220 Administrative practice and procedure, Advertising, Agricultural research, Marketing agreements, Reporting and recordkeeping requirements, Soybeans and soybean products. For the reasons set forth in the preamble, it is proposed that 7 CFR part 1220 be amended as follows: PART 1220—SOYBEAN PROMOTION, RESEARCH, AND CONSUMER INFORMATION 1. The authority citation for part 1220 continues to read as follows: Authority: 7 U.S.C. 6301–6311 and 7 U.S.C. 7401. Subpart F—Procedures To Request a Referendum 2. In § 1220.616, paragraph (d) is revised to read as follows: § 1220.616 General. * * * * * (d) For purposes of paragraphs (b) and (c) of this section, the number of soybean producers in the United States is determined to be 589,182. § 1220.622 [Amended] 3. In § 1220.622, paragraph (b) the Web site ‘‘www.ams.usda.gov/lsg/mpb/ rp-soy.htm’’ is removed and a new Web PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 site ‘‘www.ams.usda.gov/ lsmarketingprograms’’ is added in its place. 4. In § 1220.628, paragraph (a) is revised to read as follows: § 1220.628 Results of the request for referendum. (a) The Administrator, FSA, shall submit to the Administrator, AMS, the reports from all State FSA offices. The Administrator, AMS shall tabulate the results of the Request for Referendum. USDA will issue an official press release announcing the results of the Request for Referendum and publish the same results in the Federal Register. In addition, USDA will post the official results at the following Web site: http://www.ams.usda.gov/ lsmarketingprograms. Subsequently, State reports and related papers shall be available for public inspection upon request during normal business hours in the Marketing Programs Branch office, Livestock and Seed Program, AMS, USDA, Room 2628–S, STOP 0251, 1400 Independence Avenue, SW., Washington, DC. * * * * * Dated: November 26, 2008. James E. Link, Administrator. [FR Doc. E8–28674 Filed 12–4–08; 8:45 am] BILLING CODE 3410–02–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2008–1275; Directorate Identifier 2007–NM–167–AD] 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: Notice of proposed rulemaking (NPRM). SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 737–100, –200, –200C, –300, –400, and –500 series airplanes. This proposed AD would require repetitive detailed and high frequency eddy current inspections to detect cracks of the backup intercostals and the upper sill of the forward airstair doorway, and applicable corrective actions. This proposed AD would also provide for an optional terminating E:\FR\FM\05DEP1.SGM 05DEP1 Federal Register / Vol. 73, No. 235 / Friday, December 5, 2008 / Proposed Rules dwashington3 on PROD1PC60 with PROPOSALS action, which would eliminate the need for repetitive inspections. This proposed AD results from a report indicating that cracks were found in the backup intercostals and upper sill web of the forward airstair doorway. We are proposing this AD to detect and correct fatigue cracking of the backup intercostals and upper sill web of the forward airstair doorway, which could result in a rapid loss of cabin pressure. DATES: We must receive comments on this proposed AD by January 20, 2009. ADDRESSES: You may send comments 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 AD, contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124–2207; telephone 206–544–9990; fax 206–766–5682; email DDCS@boeing.com; Internet https://www.myboeingfleet.com. You may review copies of the 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 or 425–227–1152. Examining the AD Docket You may examine the AD docket on the Internet at http:// www.regulations.gov; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800–647– 5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Howard Hall, Aerospace Engineer, Airframe Branch, ANM–120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 917–6430; fax (425) 917–6590. SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 14:59 Dec 04, 2008 Jkt 217001 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–2008–1275; Directorate Identifier 2007–NM–167–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 have received a report indicating that cracks were found in the backup intercostals and upper sill web of the forward airstair doorway on a Boeing Model 737–200 series airplane. The cracks were found in the upper sill web at the stop fitting at station (STA) 312 and in the two backup intercostals of the stop support structure at STA 322.7 and STA 333.3. Investigation revealed the cracks are due to fatigue caused by cyclic loads acting on the upper sill web, which is stabilized by the backup intercostals. Fatigue cracking of the backup intercostals and upper sill web of the forward airstair doorway, if not detected and corrected, could result in a rapid loss of cabin pressure. The configuration of the subject area on certain Boeing Model 737–100, –200C, –300, –400, and –500 series airplanes is almost identical to that on the affected Boeing Model 737–200 series airplanes. Therefore, those Boeing Model 737–100, –200C, –300, –400, and –500 series airplanes are subject to the unsafe condition revealed on the Boeing Model 737–200 series airplanes. Relevant Service Information We have reviewed Boeing Alert Service Bulletin 737–53A1269, dated May 17, 2007. The service bulletin describes procedures for repetitive detailed and high frequency eddy current inspections to detect fatigue cracking of the backup intercostals and the upper sill web of the forward airstair doorway, and applicable corrective actions. The service bulletin also describes procedures for an optional terminating action, which would eliminate the need for the repetitive inspections. PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 74081 The corrective and optional terminating actions include doing a repair/preventive modification to install new backup intercostals with radius fillers, installing the preventive modification filler and doubler plate, and repairing any cracked upper sill web. The service information also specifies the following compliance times: • For the initial inspections: The threshold is prior to 45,000 or 49,500 total flight cycles depending on the flight cycles on the airplane. The grace period is 1,000 or 4,500 flight cycles depending on the flight cycles on the airplane. • For the applicable repetitive inspections: The compliance time is at intervals of 4,500 flight cycles. • For the applicable corrective actions: The compliance time is before further flight. Accomplishing the actions specified in the service information is intended to adequately address the unsafe condition. FAA’s Determination and Requirements of the Proposed AD We have evaluated all pertinent information and identified an unsafe condition that is likely to exist or develop on other airplanes of this same type design. For this reason, we are proposing this AD, which would require accomplishing certain actions specified in the service information described previously. The proposed AD also provides for an optional terminating action, as specified in the service bulletin, for the repetitive inspection requirements. Costs of Compliance There are about 1,712 airplanes of the affected design in the worldwide fleet. This proposed AD would affect about 509 airplanes of U.S. registry. The proposed inspections would take about 2 work hours per airplane, at an average labor rate of $80 per work hour. Based on these figures, the estimated cost of the proposed AD for U.S. operators would be $81,440, or $160 per airplane, per inspection cycle. The optional terminating action, if done, would take about 9 work hours, at an average labor rate of $80 per work hour. Required parts would cost between $533 and $566 per airplane, depending on the airplane configuration. Based on these figures, the estimated cost of the optional terminating action would range between $1,253 and $1,286 per airplane, depending on the airplane configuration. E:\FR\FM\05DEP1.SGM 05DEP1 74082 Federal Register / Vol. 73, No. 235 / Friday, December 5, 2008 / Proposed Rules 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 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 that the 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); 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 proposed AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. dwashington3 on PROD1PC60 with PROPOSALS 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: VerDate Aug<31>2005 14:59 Dec 04, 2008 Jkt 217001 PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration (FAA) amends § 39.13 by adding the following new airworthiness directive (AD): Boeing: Docket No. FAA–2008–1275; Directorate Identifier 2007–NM–167–AD. Comments Due Date (a) The FAA must receive comments on this AD action by January 20, 2009. Affected ADs (b) None Applicability (c) This AD applies to Boeing Model 737– 100, –200, –200C, –300, –400, and –500 series airplanes, certificated in any category; as identified in Boeing Alert Service Bulletin 737–53A1269, dated May 17, 2007. Unsafe Condition (d) This AD results from a report indicating that cracks were found in the backup intercostals and upper sill web of the forward airstair doorway. We are issuing this AD to detect and correct fatigue cracking of the backup intercostals and upper sill web of the forward airstair doorway, which could result in a rapid loss of cabin pressure. 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. Inspections (f) At the applicable compliance times and repeat intervals listed in the tables of paragraph 1.E., ‘‘Compliance,’’ of Boeing Alert Service Bulletin 737–53A1269, dated May 17, 2007 (hereafter ‘‘the service bulletin’’), except as provided by paragraphs (f)(1), (f)(2), and (f)(3) of this AD: Do repetitive detailed and high frequency eddy current inspections to detect cracks of the backup intercostals and the upper sill of the forward airstair doorway, and applicable corrective actions by accomplishing all the applicable actions specified in the Accomplishment Instructions of the service bulletin. Do the applicable corrective actions before further flight. (1) Where the service bulletin specifies a compliance time from the release date of the service bulletin, this AD requires compliance within the specified compliance time after the effective date of this AD. (2) Where the columns identified as ‘‘Airplane Flight Cycles’’ in the tables of the service bulletin specify less than 45,000 total flight cycles for certain actions, this AD affects airplanes having less than or equal to 45,000 total flight cycles. (3) Where the columns identified as ‘‘Repeat Interval’’ in the tables of the service PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 bulletin specify an interval of 4,500 flight cycles for all conditions, this AD requires repetitive inspections only if no crack is found during any inspection required by paragraph (f) of this AD. Optional Terminating Action (g) Accomplishing the backup intercostal repair/preventative modification and/or the upper door sill web repair, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 737–53A1269, dated May 17, 2007, ends all the corresponding repetitive inspection requirements of paragraph (f) of this AD. Alternative Methods of Compliance (AMOCs) (h)(1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, ATTN: Howard Hall, Aerospace Engineer, Airframe Branch, ANM–120S, FAA, Seattle ACO, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (917) 917–6430; fax (425) 917–6590; has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. (2) To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. (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 an Authorized Representative for the Boeing Commercial Airplanes Delegation Option Authorization Organization who has been authorized by the Manager, Seattle ACO, FAA, 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. Issued in Renton, Washington on November 26, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8–28819 Filed 12–4–08; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 31 [REG–158747–06] RIN 1545–BG45 Withholding Under Internal Revenue Code Section 3402(t) AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of proposed rulemaking. SUMMARY: This document contains proposed regulations relating to E:\FR\FM\05DEP1.SGM 05DEP1

Agencies

[Federal Register Volume 73, Number 235 (Friday, December 5, 2008)]
[Proposed Rules]
[Pages 74080-74082]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-28819]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1275; Directorate Identifier 2007-NM-167-AD]
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: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Boeing Model 737-100, -200, -200C, -300, -400, and -500 
series airplanes. This proposed AD would require repetitive detailed 
and high frequency eddy current inspections to detect cracks of the 
backup intercostals and the upper sill of the forward airstair doorway, 
and applicable corrective actions. This proposed AD would also provide 
for an optional terminating

[[Page 74081]]

action, which would eliminate the need for repetitive inspections. This 
proposed AD results from a report indicating that cracks were found in 
the backup intercostals and upper sill web of the forward airstair 
doorway. We are proposing this AD to detect and correct fatigue 
cracking of the backup intercostals and upper sill web of the forward 
airstair doorway, which could result in a rapid loss of cabin pressure.

DATES: We must receive comments on this proposed AD by January 20, 
2009.

ADDRESSES: You may send comments 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 AD, contact Boeing 
Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207; 
telephone 206-544-9990; fax 206-766-5682; e-mail DDCS@boeing.com; 
Internet https://www.myboeingfleet.com. You may review copies of the 
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 or 
425-227-1152.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Howard Hall, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
917-6430; fax (425) 917-6590.

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-2008-1275; 
Directorate Identifier 2007-NM-167-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 have received a report indicating that cracks were found in the 
backup intercostals and upper sill web of the forward airstair doorway 
on a Boeing Model 737-200 series airplane. The cracks were found in the 
upper sill web at the stop fitting at station (STA) 312 and in the two 
backup intercostals of the stop support structure at STA 322.7 and STA 
333.3. Investigation revealed the cracks are due to fatigue caused by 
cyclic loads acting on the upper sill web, which is stabilized by the 
backup intercostals. Fatigue cracking of the backup intercostals and 
upper sill web of the forward airstair doorway, if not detected and 
corrected, could result in a rapid loss of cabin pressure.
    The configuration of the subject area on certain Boeing Model 737-
100, -200C, -300, -400, and -500 series airplanes is almost identical 
to that on the affected Boeing Model 737-200 series airplanes. 
Therefore, those Boeing Model 737-100, -200C, -300, -400, and -500 
series airplanes are subject to the unsafe condition revealed on the 
Boeing Model 737-200 series airplanes.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin 737-53A1269, dated 
May 17, 2007. The service bulletin describes procedures for repetitive 
detailed and high frequency eddy current inspections to detect fatigue 
cracking of the backup intercostals and the upper sill web of the 
forward airstair doorway, and applicable corrective actions. The 
service bulletin also describes procedures for an optional terminating 
action, which would eliminate the need for the repetitive inspections.
    The corrective and optional terminating actions include doing a 
repair/preventive modification to install new backup intercostals with 
radius fillers, installing the preventive modification filler and 
doubler plate, and repairing any cracked upper sill web.
    The service information also specifies the following compliance 
times:
     For the initial inspections: The threshold is prior to 
45,000 or 49,500 total flight cycles depending on the flight cycles on 
the airplane. The grace period is 1,000 or 4,500 flight cycles 
depending on the flight cycles on the airplane.
     For the applicable repetitive inspections: The compliance 
time is at intervals of 4,500 flight cycles.
     For the applicable corrective actions: The compliance time 
is before further flight.
    Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an 
unsafe condition that is likely to exist or develop on other airplanes 
of this same type design. For this reason, we are proposing this AD, 
which would require accomplishing certain actions specified in the 
service information described previously. The proposed AD also provides 
for an optional terminating action, as specified in the service 
bulletin, for the repetitive inspection requirements.

Costs of Compliance

    There are about 1,712 airplanes of the affected design in the 
worldwide fleet. This proposed AD would affect about 509 airplanes of 
U.S. registry. The proposed inspections would take about 2 work hours 
per airplane, at an average labor rate of $80 per work hour. Based on 
these figures, the estimated cost of the proposed AD for U.S. operators 
would be $81,440, or $160 per airplane, per inspection cycle.
    The optional terminating action, if done, would take about 9 work 
hours, at an average labor rate of $80 per work hour. Required parts 
would cost between $533 and $566 per airplane, depending on the 
airplane configuration. Based on these figures, the estimated cost of 
the optional terminating action would range between $1,253 and $1,286 
per airplane, depending on the airplane configuration.

[[Page 74082]]

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 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 that the 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); 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 proposed AD and placed it in the AD docket. 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.

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

    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]

    2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

Boeing: Docket No. FAA-2008-1275; Directorate Identifier 2007-NM-
167-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by January 
20, 2009.

Affected ADs

    (b) None

Applicability

    (c) This AD applies to Boeing Model 737-100, -200, -200C, -300, 
-400, and -500 series airplanes, certificated in any category; as 
identified in Boeing Alert Service Bulletin 737-53A1269, dated May 
17, 2007.

Unsafe Condition

    (d) This AD results from a report indicating that cracks were 
found in the backup intercostals and upper sill web of the forward 
airstair doorway. We are issuing this AD to detect and correct 
fatigue cracking of the backup intercostals and upper sill web of 
the forward airstair doorway, which could result in a rapid loss of 
cabin pressure.

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.

Inspections

    (f) At the applicable compliance times and repeat intervals 
listed in the tables of paragraph 1.E., ``Compliance,'' of Boeing 
Alert Service Bulletin 737-53A1269, dated May 17, 2007 (hereafter 
``the service bulletin''), except as provided by paragraphs (f)(1), 
(f)(2), and (f)(3) of this AD: Do repetitive detailed and high 
frequency eddy current inspections to detect cracks of the backup 
intercostals and the upper sill of the forward airstair doorway, and 
applicable corrective actions by accomplishing all the applicable 
actions specified in the Accomplishment Instructions of the service 
bulletin. Do the applicable corrective actions before further 
flight.
    (1) Where the service bulletin specifies a compliance time from 
the release date of the service bulletin, this AD requires 
compliance within the specified compliance time after the effective 
date of this AD.
    (2) Where the columns identified as ``Airplane Flight Cycles'' 
in the tables of the service bulletin specify less than 45,000 total 
flight cycles for certain actions, this AD affects airplanes having 
less than or equal to 45,000 total flight cycles.
    (3) Where the columns identified as ``Repeat Interval'' in the 
tables of the service bulletin specify an interval of 4,500 flight 
cycles for all conditions, this AD requires repetitive inspections 
only if no crack is found during any inspection required by 
paragraph (f) of this AD.

Optional Terminating Action

    (g) Accomplishing the backup intercostal repair/preventative 
modification and/or the upper door sill web repair, in accordance 
with the Accomplishment Instructions of Boeing Alert Service 
Bulletin 737-53A1269, dated May 17, 2007, ends all the corresponding 
repetitive inspection requirements of paragraph (f) of this AD.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, ATTN: Howard Hall, Aerospace Engineer, Airframe Branch, ANM-
120S, FAA, Seattle ACO, 1601 Lind Avenue, SW., Renton, Washington 
98057-3356; telephone (917) 917-6430; fax (425) 917-6590; has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.
    (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 an 
Authorized Representative for the Boeing Commercial Airplanes 
Delegation Option Authorization Organization who has been authorized 
by the Manager, Seattle ACO, FAA, 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.

    Issued in Renton, Washington on November 26, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-28819 Filed 12-4-08; 8:45 am]
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