Airworthiness Directives; Boeing Model 737-300, -400, and -500 Series Airplanes, 45979-45981 [E9-21311]
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45979
Rules and Regulations
Federal Register
Vol. 74, No. 172
Tuesday, September 8, 2009
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
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REGISTER issue of each week.
DEPARTMENT OF ENERGY
10 CFR Part 431
[Docket Number EERE–2006–STD–0125]
RIN 1904–AB58
Energy Conservation Program: Energy
Conservation Standards for
Refrigerated Bottled or Canned
Beverage Vending Machines
Correction
In rule document E9–19392 beginning
on page 44914 in the issue of Monday,
August 31, 2009, make the following
correction:
1. On page 44914, in the first column,
under the DATES section, in the fourth
line, ‘‘August 31, 2011’’ should read
‘‘August 31, 2012’’.
§431.296
[Corrected]
2. On page 44967, in § 431.296, in the
third and fourth lines, ‘‘[Insert date 3
years from the date of publication of this
final rule]’’ should read ‘‘August 31,
2012’’.
[FR Doc. Z9–19392 Filed 9–4–09; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–0787; Directorate
Identifier 2009–NM–090–AD; Amendment
39–16015; AD 2009–02–06 R1]
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RIN 2120–AA64
Airworthiness Directives; Boeing
Model 737–300, –400, and –500 Series
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
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14:52 Sep 04, 2009
Jkt 217001
SUMMARY: We are revising an existing
airworthiness directive (AD) that
applies to certain Boeing Model 737–
300, –400, and –500 series airplanes.
That AD currently requires repetitive
high frequency eddy current inspections
for cracking of the 1.04-inch nominal
diameter wire penetration hole in the
frame and frame reinforcement, between
stringers S–20 and S–21, on both the left
and right sides of the airplane, and
related investigative and corrective
actions if necessary. This new AD
clarifies certain compliance
requirements. This AD results from
reports of cracking in the frame, or in
the frame and frame reinforcement,
common to the 1.04-inch nominal
diameter wire penetration hole intended
for wire routing. We are issuing this AD
to detect and correct cracking in the
fuselage frames and frame
reinforcements, which could reduce the
structural capability of the frames to
sustain limit loads, and result in
cracking in the fuselage skin and
subsequent rapid depressurization of
the airplane.
DATES: This AD is effective September
23, 2009.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of April 15, 2009 (74 FR 10469,
March 11, 2009).
We must receive comments on this
AD by November 9, 2009.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://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, Attention: Data & Services
Management, P.O. Box 3707, MC 2H–65,
Seattle, Washington 98124–2207;
telephone 206–544–5000, extension 1,
fax 206–766–5680; e-mail
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me.boecom@boeing.com; Internet
https://www.myboeingfleet.com.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
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:
Wayne Lockett, Aerospace Engineer,
Airframe Branch, ANM–120S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 917–6447; fax (425) 917–6590.
SUPPLEMENTARY INFORMATION:
Discussion
On January 9, 2009, we issued AD
2009–02–06, amendment 39–15796 (74
FR 10469, March 11, 2009), for certain
Boeing Model 737–300, –400, and –500
series airplanes. That AD requires
repetitive high frequency eddy current
inspections for cracking of the 1.04-inch
nominal diameter wire penetration hole
in the frame and frame reinforcement,
between stringers S–20 and S–21, on
both the left and right sides of the
airplane, and related investigative and
corrective actions if necessary. That AD
resulted from reports of cracking in the
frame, or in the frame and frame
reinforcement, common to the 1.04-inch
nominal diameter wire penetration hole
intended for wire routing. We issued
that AD to detect and correct cracking
in the fuselage frames and frame
reinforcements, which could reduce the
structural capability of the frames to
sustain limit loads, and result in
cracking in the fuselage skin and
subsequent rapid depressurization of
the airplane.
Actions Since Existing AD Was Issued
Since we issued AD 2009–02–06,
January 9, 2009, amendment 39–15796
(74 FR 10469, March 11, 2009), we have
determined that we need to clarify
certain compliance requirements in the
existing AD, as follows:
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Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Rules and Regulations
• We have inserted a new paragraph
(g)(1) in this AD to state that while the
service bulletin specifies compliance
times in terms of the ‘‘date on this
service bulletin,’’ this AD requires
compliance within the specified
compliance time ‘‘after the effective date
of this AD.’’ This paragraph appeared in
the original NPRM, but was
inadvertently removed from AD 2009–
02–06.
• We removed the reference to the
‘‘Accomplishment Instructions’’ of
Boeing Alert Service Bulletin 737–
53A1279, dated December 18, 2007,
from paragraph (g) of this AD.
Paragraphs (g)(1) through (g)(4) of this
AD do not all refer to text located in the
service bulletin Accomplishment
Instructions.
• We added a reference to the
Accomplishment Instructions of Boeing
Alert Service Bulletin 737–53A1279,
dated December 18, 2007, to paragraph
(i) of this AD to provide the locations of
‘‘Part 3’’ and ‘‘Part 5,’’ as referenced in
that paragraph of the AD.
This AD is a final rule that involves
requirements affecting flight safety, and
we did not provide you with notice and
an opportunity to provide your
comments before it becomes effective.
However, we invite you to send any
written data, views, or arguments about
this AD. Send your comments to an
address listed under the ADDRESSES
section. Include ‘‘Docket No. FAA–
2009–0787; Directorate Identifier 2009–
NM–090–AD’’ at the beginning of your
comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this AD. We will consider all
comments received by the closing date
and may amend this AD because of
those comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this AD.
Changes to Existing AD
Authority for This Rulemaking
This AD retains all the requirements
of AD 2009–02–06. Since AD 2009–02–
06 was issued, the AD format has been
revised, and certain paragraphs have
been rearranged. As a result, the
corresponding paragraph identifiers
have changed in this AD, as listed in the
following table:
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.
REVISED PARAGRAPH IDENTIFIERS
Requirement in AD
2009–02–06
Paragraph
Paragraph
Paragraph
Paragraph
Paragraph
Paragraph
Paragraph
(d) ...................
(e) ...................
(f) ....................
(g) ...................
(h) ...................
(i) ....................
(j) ....................
Corresponding
requirement in
this AD
Paragraph
Paragraph
Paragraph
Paragraph
Paragraph
Paragraph
Paragraph
(e).
(f).
(g).
(h).
(i).
(j).
(k).
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FAA’s Determination and Requirements
of This AD
We are issuing this AD because the
unsafe condition described previously is
likely to exist or develop on other
products of these same type designs that
could be registered in the United States
in the future. This AD revises AD 2009–
02–06. This AD retains the requirements
of the existing AD and clarifies certain
compliance requirements. Since no new
airplanes are affected by this AD and
there are no new required actions,
notice and opportunity for public
comment before issuing this AD are
unnecessary.
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14:52 Sep 04, 2009
Jkt 217001
Comments Invited
Regulatory Findings
This AD will not have federalism
implications under Executive Order
13132. This AD will not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
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(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.
You can find our regulatory
evaluation and the estimated costs of
compliance in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
■
PART 39—AIRWORTHINESS
DIRECTIVES
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 FAA amends § 39.13 by
removing amendment 39–15796 (74 FR
10469, March 11, 2009) and adding the
following new AD:
■
2009–02–06 R1 Boeing: Amendment 39–
16015. Docket No. FAA–2009–0787;
Directorate Identifier 2009–NM–090–AD.
Effective Date
(a) This airworthiness directive (AD) is
effective September 23, 2009.
Affected ADs
(b) This AD revises AD 2009–02–06.
Applicability
(c) This AD applies to Boeing Model 737–
300, –400, and –500 series airplanes,
certificated in any category; as identified in
Boeing Alert Service Bulletin 737–53A1279,
dated December 18, 2007.
Subject
(d) Air Transport Association (ATA) of
America Code 53: Fuselage.
Unsafe Condition
(e) This AD results from reports of cracking
in the frame, or in the frame and frame
reinforcement, common to the 1.04-inch
nominal diameter wire penetration hole
intended for wire routing. We are issuing this
AD to detect and correct cracking in the
fuselage frames and frame reinforcements,
which could reduce the structural capability
of the frames to sustain limit loads, and
result in cracking in the fuselage skin and
subsequent rapid depressurization of the
airplane.
Compliance
(f) You are responsible for having the
actions required by this AD performed within
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Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Rules and Regulations
the compliance times specified, unless the
actions have already been done.
Restatement of Requirements of AD 2009–
02–06 With Clarifications of Compliance
Requirements
Service Bulletin Reference Paragraph
(g) The term ‘‘service bulletin,’’ as used in
this AD, means Boeing Alert Service Bulletin
737–53A1279, dated December 18, 2007.
(1) Where the service bulletin specifies a
compliance time after the date on the service
bulletin, this AD requires compliance within
the specified compliance time after the
effective date of this AD.
(2) The ‘‘Condition’’ column of paragraph
1.E., ‘‘Compliance,’’ of Boeing Alert Service
Bulletin 737–53A1279, dated December 18,
2007, refers to total flight cycles ‘‘at the date
given on this service bulletin.’’ However, this
AD applies to the airplanes with the
specified total flight cycles as of April 15,
2009 (the effective date of AD 2009–02–06).
(3) Where the service bulletin specifies to
contact Boeing for instructions for removing
damage and repairing cracking: Before
further flight, remove the damage or repair
the cracking using a method approved in
accordance with the procedures specified in
paragraph (j) of this AD.
(4) Although the service bulletin
referenced in this AD specifies to submit
information to the manufacturer, this AD
does not include that requirement.
Inspections, Related Investigative Actions,
and Corrective Actions
(h) At the applicable time specified in
paragraph 1.E., ‘‘Compliance,’’ of the service
bulletin, except as specified by paragraph
(g)(1) of this AD: Do a high frequency eddy
current (HFEC) surface inspection or an
HFEC hole/edge inspection for cracking of
the 1.04-inch nominal diameter wire
penetration hole in the frame and frame
reinforcement, between stringer S–20 and S–
21; and do all applicable related investigative
and corrective actions by accomplishing all
the actions specified in the Accomplishment
Instructions of the service bulletin, except as
specified by paragraphs (g)(3) and (g)(4) of
this AD. Do all applicable related
investigative and corrective actions before
further flight. Thereafter, repeat the
inspections at the applicable intervals
specified in paragraph 1.E., ‘‘Compliance,’’ of
the service bulletin.
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Terminating Action
(i) Doing the repair in Part 3 or the
preventative modification in Part 5 of the
Accomplishment Instructions of the service
bulletin terminates the repetitive inspection
requirements of this AD.
Alternative Methods of Compliance
(AMOCs)
(j)(1) The Manager, Seattle Aircraft
Certification Office (ACO), FAA, has the
authority to approve AMOCs for this AD, if
requested using the procedures found in 14
CFR 39.19. Send information to Attn: Wayne
Lockett, Aerospace Engineer, Airframe
Branch, ANM–120S, 1601 Lind Avenue, SW.,
Renton, Washington 98057–3356; telephone
(425) 917–6447; fax (425) 917–6590. Or,
VerDate Nov<24>2008
14:52 Sep 04, 2009
Jkt 217001
e-mail information to 9-ANM-Seattle-ACOAMOC-Requests@faa.gov.
(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 principal maintenance inspector
(PMI) or principal avionics inspector (PAI),
as appropriate, or lacking a principal
inspector, your local Flight Standards District
Office. The AMOC approval letter must
specifically reference this AD.
(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, 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
(k) You must use Boeing Alert Service
Bulletin 737–53A1279, dated December 18,
2007, to do the actions required by this AD,
unless the AD specifies otherwise.
(1) The Director of the Federal Register
previously approved the incorporation by
reference of Boeing Alert Service Bulletin
737–53A1279, dated December 18, 2007, on
April 15, 2009 (74 FR 10469, March 11,
2009).
(2) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H–65,
Seattle, Washington 98124–2207; telephone
206–544–5000, extension 1, fax 206–766–
5680; e-mail me.boecom@boeing.com;
Internet https://www.myboeingfleet.com.
(3) You may review copies of the 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.
(4) You may also review copies of the
service information that is incorporated by
reference at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030, or go
to: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on August
26, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E9–21311 Filed 9–4–09; 8:45 am]
BILLING CODE 4910–13–P
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45981
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2009–0362; Airspace
Docket No. 09–ASW–10]
Establishment of Class D Airspace;
Arlington, TX
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
SUMMARY: This action amends Class E
airspace at Arlington, TX. Establishment
of an air traffic control tower at
Arlington Municipal Airport has made
this action necessary for the safety and
management of Instrument Flight Rule
(IFR) operations at Arlington Municipal
Airport.
DATES: 0901 UTC, December 17, 2009.
The Director of the Federal Register
approves this incorporation by reference
action under 1 CFR Part 51, subject to
the annual revision of FAA Order
7400.9 and publication of conforming
amendments.
FOR FURTHER INFORMATION CONTACT:
Scott Enander, Central Service Center,
Operations Support Group, Federal
Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort
Worth, TX 76137; telephone (817) 321–
7716.
SUPPLEMENTARY INFORMATION:
History
On June 24, 2009, the FAA published
in the Federal Register a notice of
proposed rulemaking to establish Class
D airspace at Arlington Municipal
Airport, Arlington, TX. (74 FR 30022,
Docket No. FAA–2009–0362). Interested
parties were invited to participate in
this rulemaking effort by submitting
written comments on the proposal to the
FAA. No comments were received. Class
D airspace designations are published in
paragraph 5000 of FAA Order 7400.9S,
signed October 3, 2008, and effective
October 31, 2008, which is incorporated
by reference in 14 CFR Part 71.1. The
Class D airspace designations listed in
this document will be published
subsequently in the Order.
The Rule
This action amends Title 14 Code of
Federal Regulations (14 CFR) Part 71 by
establishing Class D airspace extending
upward from the surface up to but not
including 2,000 feet MSL for the safety
and management of IFR operations at
Arlington Municipal Airport, Arlington,
TX.
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]]>Agencies
[Federal Register Volume 74, Number 172 (Tuesday, September 8, 2009)]
[Rules and Regulations]
[Pages 45979-45981]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21311]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0787; Directorate Identifier 2009-NM-090-AD;
Amendment 39-16015; AD 2009-02-06 R1]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 737-300, -400, and -500
Series Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: We are revising an existing airworthiness directive (AD) that
applies to certain Boeing Model 737-300, -400, and -500 series
airplanes. That AD currently requires repetitive high frequency eddy
current inspections for cracking of the 1.04-inch nominal diameter wire
penetration hole in the frame and frame reinforcement, between
stringers S-20 and S-21, on both the left and right sides of the
airplane, and related investigative and corrective actions if
necessary. This new AD clarifies certain compliance requirements. This
AD results from reports of cracking in the frame, or in the frame and
frame reinforcement, common to the 1.04-inch nominal diameter wire
penetration hole intended for wire routing. We are issuing this AD to
detect and correct cracking in the fuselage frames and frame
reinforcements, which could reduce the structural capability of the
frames to sustain limit loads, and result in cracking in the fuselage
skin and subsequent rapid depressurization of the airplane.
DATES: This AD is effective September 23, 2009.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of April 15,
2009 (74 FR 10469, March 11, 2009).
We must receive comments on this AD by November 9, 2009.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to https://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, Attention: Data & Services Management, P.O. Box
3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-544-5000,
extension 1, fax 206-766-5680; e-mail me.boecom@boeing.com; Internet
https://www.myboeingfleet.com.
Examining the AD Docket
You may examine the AD docket on the Internet at https://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: Wayne Lockett, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
917-6447; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Discussion
On January 9, 2009, we issued AD 2009-02-06, amendment 39-15796 (74
FR 10469, March 11, 2009), for certain Boeing Model 737-300, -400, and
-500 series airplanes. That AD requires repetitive high frequency eddy
current inspections for cracking of the 1.04-inch nominal diameter wire
penetration hole in the frame and frame reinforcement, between
stringers S-20 and S-21, on both the left and right sides of the
airplane, and related investigative and corrective actions if
necessary. That AD resulted from reports of cracking in the frame, or
in the frame and frame reinforcement, common to the 1.04-inch nominal
diameter wire penetration hole intended for wire routing. We issued
that AD to detect and correct cracking in the fuselage frames and frame
reinforcements, which could reduce the structural capability of the
frames to sustain limit loads, and result in cracking in the fuselage
skin and subsequent rapid depressurization of the airplane.
Actions Since Existing AD Was Issued
Since we issued AD 2009-02-06, January 9, 2009, amendment 39-15796
(74 FR 10469, March 11, 2009), we have determined that we need to
clarify certain compliance requirements in the existing AD, as follows:
[[Page 45980]]
We have inserted a new paragraph (g)(1) in this AD to
state that while the service bulletin specifies compliance times in
terms of the ``date on this service bulletin,'' this AD requires
compliance within the specified compliance time ``after the effective
date of this AD.'' This paragraph appeared in the original NPRM, but
was inadvertently removed from AD 2009-02-06.
We removed the reference to the ``Accomplishment
Instructions'' of Boeing Alert Service Bulletin 737-53A1279, dated
December 18, 2007, from paragraph (g) of this AD. Paragraphs (g)(1)
through (g)(4) of this AD do not all refer to text located in the
service bulletin Accomplishment Instructions.
We added a reference to the Accomplishment Instructions of
Boeing Alert Service Bulletin 737-53A1279, dated December 18, 2007, to
paragraph (i) of this AD to provide the locations of ``Part 3'' and
``Part 5,'' as referenced in that paragraph of the AD.
Changes to Existing AD
This AD retains all the requirements of AD 2009-02-06. Since AD
2009-02-06 was issued, the AD format has been revised, and certain
paragraphs have been rearranged. As a result, the corresponding
paragraph identifiers have changed in this AD, as listed in the
following table:
Revised Paragraph Identifiers
------------------------------------------------------------------------
Corresponding requirement in
Requirement in AD 2009-02-06 this AD
------------------------------------------------------------------------
Paragraph (d).......................... Paragraph (e).
Paragraph (e).......................... Paragraph (f).
Paragraph (f).......................... Paragraph (g).
Paragraph (g).......................... Paragraph (h).
Paragraph (h).......................... Paragraph (i).
Paragraph (i).......................... Paragraph (j).
Paragraph (j).......................... Paragraph (k).
------------------------------------------------------------------------
FAA's Determination and Requirements of This AD
We are issuing this AD because the unsafe condition described
previously is likely to exist or develop on other products of these
same type designs that could be registered in the United States in the
future. This AD revises AD 2009-02-06. This AD retains the requirements
of the existing AD and clarifies certain compliance requirements. Since
no new airplanes are affected by this AD and there are no new required
actions, notice and opportunity for public comment before issuing this
AD are unnecessary.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments before it becomes effective. However, we invite
you to send any written data, views, or arguments about this AD. Send
your comments to an address listed under the ADDRESSES section. Include
``Docket No. FAA-2009-0787; Directorate Identifier 2009-NM-090-AD'' at
the beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of this
AD. We will consider all comments received by the closing date and may
amend this AD because of those comments.
We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979), 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.
You can find our regulatory evaluation and the estimated costs of
compliance in the AD docket.
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 removing amendment 39-15796 (74 FR
10469, March 11, 2009) and adding the following new AD:
2009-02-06 R1 Boeing: Amendment 39-16015. Docket No. FAA-2009-0787;
Directorate Identifier 2009-NM-090-AD.
Effective Date
(a) This airworthiness directive (AD) is effective September 23,
2009.
Affected ADs
(b) This AD revises AD 2009-02-06.
Applicability
(c) This AD applies to Boeing Model 737-300, -400, and -500
series airplanes, certificated in any category; as identified in
Boeing Alert Service Bulletin 737-53A1279, dated December 18, 2007.
Subject
(d) Air Transport Association (ATA) of America Code 53:
Fuselage.
Unsafe Condition
(e) This AD results from reports of cracking in the frame, or in
the frame and frame reinforcement, common to the 1.04-inch nominal
diameter wire penetration hole intended for wire routing. We are
issuing this AD to detect and correct cracking in the fuselage
frames and frame reinforcements, which could reduce the structural
capability of the frames to sustain limit loads, and result in
cracking in the fuselage skin and subsequent rapid depressurization
of the airplane.
Compliance
(f) You are responsible for having the actions required by this
AD performed within
[[Page 45981]]
the compliance times specified, unless the actions have already been
done.
Restatement of Requirements of AD 2009-02-06 With Clarifications of
Compliance Requirements
Service Bulletin Reference Paragraph
(g) The term ``service bulletin,'' as used in this AD, means
Boeing Alert Service Bulletin 737-53A1279, dated December 18, 2007.
(1) Where the service bulletin specifies a compliance time after
the date on the service bulletin, this AD requires compliance within
the specified compliance time after the effective date of this AD.
(2) The ``Condition'' column of paragraph 1.E., ``Compliance,''
of Boeing Alert Service Bulletin 737-53A1279, dated December 18,
2007, refers to total flight cycles ``at the date given on this
service bulletin.'' However, this AD applies to the airplanes with
the specified total flight cycles as of April 15, 2009 (the
effective date of AD 2009-02-06).
(3) Where the service bulletin specifies to contact Boeing for
instructions for removing damage and repairing cracking: Before
further flight, remove the damage or repair the cracking using a
method approved in accordance with the procedures specified in
paragraph (j) of this AD.
(4) Although the service bulletin referenced in this AD
specifies to submit information to the manufacturer, this AD does
not include that requirement.
Inspections, Related Investigative Actions, and Corrective Actions
(h) At the applicable time specified in paragraph 1.E.,
``Compliance,'' of the service bulletin, except as specified by
paragraph (g)(1) of this AD: Do a high frequency eddy current (HFEC)
surface inspection or an HFEC hole/edge inspection for cracking of
the 1.04-inch nominal diameter wire penetration hole in the frame
and frame reinforcement, between stringer S-20 and S-21; and do all
applicable related investigative and corrective actions by
accomplishing all the actions specified in the Accomplishment
Instructions of the service bulletin, except as specified by
paragraphs (g)(3) and (g)(4) of this AD. Do all applicable related
investigative and corrective actions before further flight.
Thereafter, repeat the inspections at the applicable intervals
specified in paragraph 1.E., ``Compliance,'' of the service
bulletin.
Terminating Action
(i) Doing the repair in Part 3 or the preventative modification
in Part 5 of the Accomplishment Instructions of the service bulletin
terminates the repetitive inspection requirements of this AD.
Alternative Methods of Compliance (AMOCs)
(j)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Send information to
Attn: Wayne Lockett, Aerospace Engineer, Airframe Branch, ANM-120S,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6447; fax (425) 917-6590. Or, e-mail information to 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
(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 principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
(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, 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
(k) You must use Boeing Alert Service Bulletin 737-53A1279,
dated December 18, 2007, to do the actions required by this AD,
unless the AD specifies otherwise.
(1) The Director of the Federal Register previously approved the
incorporation by reference of Boeing Alert Service Bulletin 737-
53A1279, dated December 18, 2007, on April 15, 2009 (74 FR 10469,
March 11, 2009).
(2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1, fax 206-766-5680; e-mail
me.boecom@boeing.com; Internet https://www.myboeingfleet.com.
(3) You may review copies of the 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.
(4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on August 26, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-21311 Filed 9-4-09; 8:45 am]
BILLING CODE 4910-13-P
