Airworthiness Directives; Boeing Model 737-300 and 737-400 Series Airplanes, 52395-52398 [E9-23877]
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Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Rules and Regulations
Accomplishment Instructions paragraph 3.B.
or paragraph 3.C. of RR MSB RB.211–72–
7775, Revision 3, dated April 9, 1999, and
the following compliance schedules:
(1) For cases with 1,500 or fewer cyclessince-new (CSN) on the effective date of this
AD, inspect before accumulating 1,500 CSN.
(2) For cases with more than 1,500 CSN on
the effective date of this AD, inspect within
50 cycles-in-service (CIS) after the effective
date of this AD.
(3) If you detect any cracks of 1.5 inches
or more in length, replace the case before
further flight.
Repetitive Inspections
(g) Thereafter, inspect cases at the
following intervals. Use the Accomplishment
Instructions paragraph 3.B. or paragraph 3.C.
of RR MSB RB.211–72–7775, Revision 3,
dated April 9, 1999.
(1) Inspect within 500 cycles-since-last
inspection (CSLI) if you detected no cracks
during the last inspection.
(2) Inspect within 100 CSLI if you detected
cracks less than or equal to 0.5 inch in length
during the last inspection.
(3) Inspect within 50 CSLI if you detected
cracks greater than 0.5 inch but less than 1.5
inches in length.
Credit for Previous Inspections
(h) Cases inspected before the effective
date of this AD using RB.211–72–7775,
Revision 2, dated February 27, 1998, or
earlier issue, meet the requirements of this
AD for the initial or repetitive inspections
specified in paragraphs (f) through (f)(3) and
(g) through (g)(3) of this AD.
Alternative Methods of Compliance
(i) The Manager, Engine Certification
Office, FAA, has the authority to approve
alternative methods of compliance for this
AD if requested using the procedures found
in 14 CFR 39.19.
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Related Information
(j) Civil Aviation Authority airworthiness
directive 008–07–85, dated June 19, 1985,
also addresses the subject of this AD.
(k) Contact Ian Dargin, Aerospace Engineer,
Engine Certification Office, FAA, Engine &
Propeller Directorate, 12 New England
Executive Park, Burlington, MA 01803; email: ian.dargin@faa.gov; telephone (781)
238–7178; fax (781) 238–7199, for more
information about this AD.
Material Incorporated by Reference
(l) You must use Rolls-Royce plc
Mandatory Service Bulletin RB.211–72–7775,
Revision 3, dated April 9, 1999 to perform
the inspections required by this AD. The
Director of the Federal Register approved the
incorporation by reference of this service
bulletin in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51. Contact Rolls-Royce plc,
P.O. Box 31, Derby, DE24 8BJ, United
Kingdom; telephone: 44 (0) 1332–242424;
fax: 44 (0) 1332–249936, for a copy of this
service information. You may review copies
at the FAA, New England Region, 12 New
England Executive Park, Burlington, MA; or
at the National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
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14:30 Oct 09, 2009
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202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Burlington, Massachusetts, on
September 22, 2009.
Peter A. White,
Assistant Manager, Engine and Propeller
Directorate, Aircraft Certification Service.
[FR Doc. E9–23661 Filed 10–9–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–0429; Directorate
Identifier 2007–NM–059–AD; Amendment
39–16038; AD 2009–21–01]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 737–300 and 737–400 Series
Airplanes
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
SUMMARY: We are adopting a new
airworthiness directive (AD) for certain
Boeing Model 737–300 and 737–400
series airplanes. This AD requires
repetitive inspections to detect cracking
of the aft fuselage skin, and related
investigative/corrective actions if
necessary. This AD results from reports
of cracks in the aft fuselage skin on both
sides of the airplane. We are issuing this
AD to detect and correct cracking in the
aft fuselage skin along the longitudinal
edges of the bonded skin doubler, which
could result in reduced structural
integrity of the airplane.
DATES: This AD is effective November
17, 2009.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the AD
as of November 17, 2009.
ADDRESSES: 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
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52395
docket contains this AD, the regulatory
evaluation, any comments received, and
other information. The address for the
Docket Office (telephone 800–647–5527)
is the Document Management Facility,
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
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
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness
directive (AD) that would apply to
certain Boeing Model 737–300 and 737–
400 series airplanes. That NPRM was
published in the Federal Register on
May 7, 2009 (74 FR 21278). That NPRM
proposed to require repetitive
inspections to detect cracking of the aft
fuselage skin, and related investigative/
corrective actions if necessary.
Comments
We gave the public the opportunity to
participate in developing this AD. We
considered the comments received from
the three commenters.
Support for the AD
Boeing concurs with the content of
the NPRM.
Request To Allow Use of Previous
Service Information
Southwest Airlines requests that skin
panel replacements accomplished in
accordance with Part 3 of Boeing
Service Bulletin 737–53–1168, Revision
1, dated August 17, 1995; and Revision
2, dated November 27, 1996; also be
considered as terminating action for the
inspections specified in paragraph (g) of
the NPRM. (We referred to Boeing
Service Bulletin 737–53–1168, Revision
3, dated November 28, 2006, as the
appropriate source of service
information for accomplishing the
actions specified in paragraph (g) of the
NPRM for Model 737–300 series
airplanes.)
We agree. We have reviewed the
following service bulletins and have
determined that these documents are
also acceptable for terminating the
inspections specified in paragraph (g) of
this AD. Therefore, we have revised
paragraph (j) of this AD to include these
additional documents. Also, for easier
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Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Rules and Regulations
readability, we have added a table in
paragraph (j) of this AD to specify the
acceptable service documents.
TABLE—ACCEPTABLE SERVICE INFORMATION FOR OPTIONAL TERMINATING ACTION
Model
Model 737–300 series airplanes.
Model 737–400 series airplanes.
Document
Part 3 of the Accomplishment Instructions of Boeing Service Bulletin 737–53–1168, dated March 16, 1995.
Part 3 of the Accomplishment Instructions of Boeing Service Bulletin 737–53–1168, Revision 1, dated August 17,
1995.
Part 3 of the Accomplishment Instructions of Boeing Service Bulletin 737–53–1168, Revision 2, dated November
27, 1996.
Part III of the Accomplishment Instructions of Boeing Service Bulletin 737–53–1187, dated November 2, 1995.
Part III of the Accomplishment Instructions of Boeing Service Bulletin 737–53–1187, Revision 1, dated January
16, 1997.
Request To Publish Effectivity and
Compliance Information
The Aviation Group requests that
paragraphs 1.E., ‘‘Compliance,’’ and
1.A., ‘‘Effectivity,’’ of Boeing Service
Bulletin 737–53–1168, Revision 3, dated
November 28, 2006; and Boeing Service
Bulletin 737–53–1187, Revision 2, dated
May 9, 2007; be added to the NPRM,
either within the body of the AD or as
an incorporated attachment. The
commenter asserts that many owners,
lessors, or their respective
representatives, are routinely denied
access to the manufacturer’s Web site
where the referenced service
information is archived, making it very
difficult or impossible to evaluate and
schedule compliance with this AD.
We do not agree to add the
compliance and effectivity sections of
Boeing Service Bulletin 737–53–1168,
Revision 3, dated November 28, 2006;
and Boeing Service Bulletin 737–53–
1187, Revision 2, dated May 9, 2007; to
this AD. Due to the length and
complexity of the applicability and
compliance times required in this AD,
we referred directly to the service
information to ensure the accuracy of
those sections in this AD. We also gave
notice for the compliance times in the
‘‘Relevant Service Information’’ section
of the NPRM. Operators should note
that type certificate holders are required
under the Federal Aviation Regulations
to make available the service
information necessary for
accomplishing AD requirements to
affected operators. All service
information that we incorporate by
reference in our AD is available to those
who operate the product that is the
subject of the AD. The necessary service
information has also been incorporated
by reference in this AD; therefore, this
information is also available for review
at the FAA or the Office of the Federal
Register, as specified in the ADDRESSES
section and paragraph (n) of this AD.
We have made no change to this AD in
this regard.
Conclusion
We reviewed the relevant data,
considered the comments received, and
determined that air safety and the
public interest require adopting the AD
with the changes described previously.
We also determined that these changes
will not increase the economic burden
on any operator or increase the scope of
the AD.
Costs of Compliance
We estimate that this AD affects about
516 airplanes of U.S. registry. The
following table provides the estimated
costs for U.S. operators to comply with
this AD. The average labor rate is $80
per work hour.
ESTIMATED COSTS
Action
Work hours
Inspection to determine inspection zones
Repetitive inspections—Option 1 ............
1 ....................................
64 ..................................
$0
0
Repetitive inspections—Option 2 ............
62 ..................................
0
Internal inspection ...................................
5, per inspection zone
(3 zones).
0
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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,
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Parts
Cost per product
$80 ................................
$5,120, per inspection
cycle.
$4,960, per inspection
cycle.
$1,200 ...........................
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
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Number of
U.S.-registered
airplanes
Sfmt 4700
Fleet cost
516
516
$41,280.
Up to $2,641,920.
516
Up to $2,559,360.
516
$619,200.
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
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Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Rules and Regulations
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
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 adding
the following new AD:
■
2009–21–01 Boeing: Amendment 39–16038.
Docket No. FAA–2009–0429; Directorate
Identifier 2007–NM–059–AD.
Effective Date
(a) This airworthiness directive (AD) is
effective November 17, 2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to the airplanes
identified in paragraphs (c)(1) and (c)(2) of
this AD, certificated in any category.
(1) Boeing Model 737–300 series airplanes
as identified in Boeing Service Bulletin 737–
53–1168, Revision 3, dated November 28,
2006.
(2) Boeing Model 737–400 series airplanes
as identified in Boeing Service Bulletin 737–
53–1187, Revision 2, dated May 9, 2007.
Subject
(d) Air Transport Association (ATA) of
America Code 53: Fuselage.
Unsafe Condition
(e) This AD results from reports of cracks
in the aft fuselage skin on both sides of the
airplane. We are issuing this AD to detect
and correct cracking in the aft fuselage skin
along the longitudinal edges of the bonded
skin doubler, which could result in reduced
structural integrity of the airplane.
Compliance
(f) Comply with this AD within the
compliance times specified, unless already
done.
Inspections, Related Investigative and
Corrective Actions
(g) At the applicable times specified in
Tables 1 and 2 of paragraph 1.E.,
‘‘Compliance,’’ of Boeing Service Bulletin
737–53–1168, Revision 3, dated November
28, 2006 (for Model 737–300 series
airplanes); or Table 1 of paragraph 1.E., of
Boeing Service Bulletin 737–53–1187,
Revision 2, dated May 9, 2007 (for Model
737–400 series airplanes); except as provided
by paragraph (k) of this AD: Do the
applicable inspections and related
investigative actions to detect cracks in the
aft fuselage skin panels, by accomplishing all
of the applicable actions specified in the
Accomplishment Instructions of Boeing
Service Bulletin 737–53–1168, Revision 3,
dated November 28, 2006; or Boeing Service
Bulletin 737–53–1187, Revision 2, dated May
9, 2007; as applicable; including Note (f) of
Table 1 of paragraph 1.E. And, do the
applicable corrective actions specified in the
Accomplishment Instructions of Boeing
Service Bulletin 737–53–1168, Revision 3,
dated November 28, 2006; or Boeing Service
Bulletin 737–53–1187, Revision 2, dated May
9, 2007; as applicable; except as provided by
52397
paragraphs (h), (i), and (l) of this AD. Repeat
the applicable inspections and related
investigative actions thereafter at the
applicable intervals specified in Tables 1 and
2 of paragraph 1.E. of Boeing Service Bulletin
737–53–1168, Revision 3, dated November
28, 2006; or Table 1 of paragraph 1.E. of
Boeing Service Bulletin 737–53–1187,
Revision 2, dated May 9, 2007; as applicable.
(h) If any crack is found during any
inspection or corrective action required by
this AD, before further flight, repair in
accordance with the Accomplishment
Instructions of Boeing Service Bulletin 737–
53–1168, Revision 3, dated November 28,
2006 (for Model 737–300 series airplanes); or
Boeing Service Bulletin 737–53–1187,
Revision 2, dated May 9, 2007 (for Model
737–400 series airplanes); except, where
Boeing Service Bulletin 737–53–1168,
Revision 3, dated November 28, 2006; or
Boeing Service Bulletin 737–53–1187,
Revision 2, dated May 9, 2007; as applicable;
specifies to contact Boeing, before further
flight, repair according to a method approved
in accordance with the procedures specified
in paragraph (m) of this AD.
(i) If any cracking of a repaired area is
found during any inspection required by this
AD, and Boeing Service Bulletin 737–53–
1168, Revision 3, dated November 28, 2006
(for Model 737–300 series airplanes); or
Boeing Service Bulletin 737–53–1187,
Revision 2, dated May 9, 2007 (for Model
737–400 series airplanes); specifies
contacting Boeing for appropriate action:
Before further flight, repair the cracking
using a method approved in accordance with
the procedures specified in paragraph (m) of
this AD.
Optional Terminating Action
(j) Doing the skin panel replacement before
the effective date of this AD, in accordance
with the service information specified in
Table 1 of this AD, as applicable, terminates
the inspection requirements of paragraph (g)
of this AD for that skin panel only. As of the
effective date of this AD, doing the skin panel
replacement, in accordance with Boeing
Service Bulletin 737–53–1168, Revision 3,
dated November 28, 2006; or Boeing Service
Bulletin 737–53–1187, Revision 2, dated May
9, 2007; as applicable; terminates the
inspection requirements of paragraph (g) of
this AD for that skin panel only.
TABLE 1—ACCEPTABLE SERVICE INFORMATION FOR OPTIONAL TERMINATING ACTION
Model
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Model 737–300 series airplanes.
Model 737–400 series airplanes.
Document
Part 3 of the Accomplishment Instructions of Boeing Service Bulletin 737–53–1168, dated March 16, 1995.
Part 3 of the Accomplishment Instructions of Boeing Service Bulletin 737–53–1168, Revision 1, dated August 17,
1995.
Part 3 of the Accomplishment Instructions of Boeing Service Bulletin 737–53–1168, Revision 2, dated November
27, 1996.
Part 3 of the Accomplishment Instructions of Boeing Service Bulletin 737–53–1168, Revision 3, dated November
28, 2006.
Part III of the Accomplishment Instructions of Boeing Service Bulletin 737–53–1187, dated November 2, 1995.
Part III of the Accomplishment Instructions of Boeing Service Bulletin 737–53–1187, Revision 1, dated January
16, 1997.
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Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Rules and Regulations
TABLE 1—ACCEPTABLE SERVICE INFORMATION FOR OPTIONAL TERMINATING ACTION—Continued
Model
Document
Part III of the Accomplishment Instructions of Boeing Service Bulletin 737–53–1187, Revision 2, dated May 9,
2007.
Exception to Service Bulletins
(k) Where Boeing Service Bulletin 737–53–
1168, Revision 3, dated November 28, 2006
(for Model 737–300 series airplanes); or
Boeing Service Bulletin 737–53–1187,
Revision 2, dated May 9, 2007 (for Model
737–400 series airplanes); specifies
compliance times after the release date of
those service bulletins, this AD requires that
the specified actions be done within the
specified compliance times after the effective
date of this AD.
No Reporting Required
(l) Although Boeing Service Bulletin 737–
53–1168, Revision 3, dated November 28,
2006 (for Model 737–300 series airplanes);
and Boeing Service Bulletin 737–53–1187,
Revision 2, dated May 9, 2007 (for Model
737–400 series airplanes); specify to submit
information to the manufacturer, this AD
does not include such a requirement.
Alternative Methods of Compliance
(AMOCs)
(m)(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-ANMSeattle-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
(n) You must use Boeing Service Bulletin
737–53–1168, Revision 3, dated November
28, 2006; or Boeing Service Bulletin 737–53–
1187, Revision 2, dated May 9, 2007; as
applicable; to do the actions required by this
AD, unless the AD specifies otherwise. If you
do the optional terminating action specified
in this AD, you must use the service
information specified in Table 2 of this AD,
as applicable, to do the optional terminating
action, unless the AD specifies otherwise.
TABLE 2—SERVICE INFORMATION FOR OPTIONAL TERMINATING ACTION
Revision—
Dated—
737–53–1168
737–53–1168
737–53–1168
737–53–1168
737–53–1187
737–53–1187
737–53–1187
CPrice-Sewell on DSKGBLS3C1PROD with RULES
Boeing Service Bulletin—
Original .................................................................................
1 ...........................................................................................
2 ...........................................................................................
3 ...........................................................................................
Original .................................................................................
1 ...........................................................................................
2 ...........................................................................................
March 16, 1995.
August 17, 1995.
November 27, 1996.
November 28, 2006.
November 2, 1995.
January 16, 1997.
May 9, 2007.
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(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.
VerDate Nov<24>2008
14:30 Oct 09, 2009
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Issued in Renton, Washington, on
September 25, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E9–23877 Filed 10–9–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2009–0231; Airspace
Docket No. 09–AAL–6]
Establishment of Class E Airspace;
Chuathbaluk, AK
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final Rule.
SUMMARY: This action establishes Class
E airspace at Chuathbaluk, AK to
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provide adequate controlled airspace to
contain aircraft executing Standard
Instrument Approach Procedures
(SIAPs). One Standard Instrument
Approach Procedure (SIAP) is being
developed for the Chuathbaluk Airport
at Chuathbaluk, AK. Also, this action
makes a minor correction to the
geographic coordinates and text
description for the airport. This action
establishes Class E airspace upward
from 700 feet (ft.) above the surface at
Chuathbaluk Airport, Chuathbaluk, AK.
DATES: Effective Date: 0901 UTC,
December 17, 2009. The Director of the
Federal Register approves this
incorporation by reference action under
title 1, Code of Federal Regulations, part
51, subject to the annual revision of
FAA Order 7400.9 and publication of
conforming amendments.
FOR FURTHER INFORMATION CONTACT: Gary
Rolf, AAL–538G, Federal Aviation
Administration, 222 West 7th Avenue,
Box 14, Anchorage, AK 99513–7587;
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]]>Agencies
[Federal Register Volume 74, Number 196 (Tuesday, October 13, 2009)]
[Rules and Regulations]
[Pages 52395-52398]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23877]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0429; Directorate Identifier 2007-NM-059-AD;
Amendment 39-16038; AD 2009-21-01]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 737-300 and 737-400 Series
Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Boeing Model 737-300 and 737-400 series airplanes. This AD requires
repetitive inspections to detect cracking of the aft fuselage skin, and
related investigative/corrective actions if necessary. This AD results
from reports of cracks in the aft fuselage skin on both sides of the
airplane. We are issuing this AD to detect and correct cracking in the
aft fuselage skin along the longitudinal edges of the bonded skin
doubler, which could result in reduced structural integrity of the
airplane.
DATES: This AD is effective November 17, 2009.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of November 17,
2009.
ADDRESSES: 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:[sol][sol]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 address for the
Docket Office (telephone 800-647-5527) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: 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
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
certain Boeing Model 737-300 and 737-400 series airplanes. That NPRM
was published in the Federal Register on May 7, 2009 (74 FR 21278).
That NPRM proposed to require repetitive inspections to detect cracking
of the aft fuselage skin, and related investigative/corrective actions
if necessary.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received from the three commenters.
Support for the AD
Boeing concurs with the content of the NPRM.
Request To Allow Use of Previous Service Information
Southwest Airlines requests that skin panel replacements
accomplished in accordance with Part 3 of Boeing Service Bulletin 737-
53-1168, Revision 1, dated August 17, 1995; and Revision 2, dated
November 27, 1996; also be considered as terminating action for the
inspections specified in paragraph (g) of the NPRM. (We referred to
Boeing Service Bulletin 737-53-1168, Revision 3, dated November 28,
2006, as the appropriate source of service information for
accomplishing the actions specified in paragraph (g) of the NPRM for
Model 737-300 series airplanes.)
We agree. We have reviewed the following service bulletins and have
determined that these documents are also acceptable for terminating the
inspections specified in paragraph (g) of this AD. Therefore, we have
revised paragraph (j) of this AD to include these additional documents.
Also, for easier
[[Page 52396]]
readability, we have added a table in paragraph (j) of this AD to
specify the acceptable service documents.
Table--Acceptable Service Information for Optional Terminating Action
------------------------------------------------------------------------
Model Document
------------------------------------------------------------------------
Model 737-300 series Part 3 of the Accomplishment Instructions
airplanes. of Boeing Service Bulletin 737-53-1168,
dated March 16, 1995.
Part 3 of the Accomplishment Instructions
of Boeing Service Bulletin 737-53-1168,
Revision 1, dated August 17, 1995.
Part 3 of the Accomplishment Instructions
of Boeing Service Bulletin 737-53-1168,
Revision 2, dated November 27, 1996.
Model 737-400 series Part III of the Accomplishment
airplanes. Instructions of Boeing Service Bulletin
737-53-1187, dated November 2, 1995.
Part III of the Accomplishment
Instructions of Boeing Service Bulletin
737-53-1187, Revision 1, dated January
16, 1997.
------------------------------------------------------------------------
Request To Publish Effectivity and Compliance Information
The Aviation Group requests that paragraphs 1.E., ``Compliance,''
and 1.A., ``Effectivity,'' of Boeing Service Bulletin 737-53-1168,
Revision 3, dated November 28, 2006; and Boeing Service Bulletin 737-
53-1187, Revision 2, dated May 9, 2007; be added to the NPRM, either
within the body of the AD or as an incorporated attachment. The
commenter asserts that many owners, lessors, or their respective
representatives, are routinely denied access to the manufacturer's Web
site where the referenced service information is archived, making it
very difficult or impossible to evaluate and schedule compliance with
this AD.
We do not agree to add the compliance and effectivity sections of
Boeing Service Bulletin 737-53-1168, Revision 3, dated November 28,
2006; and Boeing Service Bulletin 737-53-1187, Revision 2, dated May 9,
2007; to this AD. Due to the length and complexity of the applicability
and compliance times required in this AD, we referred directly to the
service information to ensure the accuracy of those sections in this
AD. We also gave notice for the compliance times in the ``Relevant
Service Information'' section of the NPRM. Operators should note that
type certificate holders are required under the Federal Aviation
Regulations to make available the service information necessary for
accomplishing AD requirements to affected operators. All service
information that we incorporate by reference in our AD is available to
those who operate the product that is the subject of the AD. The
necessary service information has also been incorporated by reference
in this AD; therefore, this information is also available for review at
the FAA or the Office of the Federal Register, as specified in the
Addresses section and paragraph (n) of this AD. We have made no change
to this AD in this regard.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We also determined that
these changes will not increase the economic burden on any operator or
increase the scope of the AD.
Costs of Compliance
We estimate that this AD affects about 516 airplanes of U.S.
registry. The following table provides the estimated costs for U.S.
operators to comply with this AD. The average labor rate is $80 per
work hour.
Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of U.S.-
Action Work hours Parts Cost per product registered Fleet cost
airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection to determine inspection 1........................ $0 $80..................... 516 $41,280.
zones.
Repetitive inspections--Option 1...... 64....................... 0 $5,120, per inspection 516 Up to $2,641,920.
cycle.
Repetitive inspections--Option 2...... 62....................... 0 $4,960, per inspection 516 Up to $2,559,360.
cycle.
Internal inspection................... 5, per inspection zone (3 0 $1,200.................. 516 $619,200.
zones).
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
[[Page 52397]]
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 adding the following new AD:
2009-21-01 Boeing: Amendment 39-16038. Docket No. FAA-2009-0429;
Directorate Identifier 2007-NM-059-AD.
Effective Date
(a) This airworthiness directive (AD) is effective November 17,
2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to the airplanes identified in paragraphs
(c)(1) and (c)(2) of this AD, certificated in any category.
(1) Boeing Model 737-300 series airplanes as identified in
Boeing Service Bulletin 737-53-1168, Revision 3, dated November 28,
2006.
(2) Boeing Model 737-400 series airplanes as identified in
Boeing Service Bulletin 737-53-1187, Revision 2, dated May 9, 2007.
Subject
(d) Air Transport Association (ATA) of America Code 53:
Fuselage.
Unsafe Condition
(e) This AD results from reports of cracks in the aft fuselage
skin on both sides of the airplane. We are issuing this AD to detect
and correct cracking in the aft fuselage skin along the longitudinal
edges of the bonded skin doubler, which could result in reduced
structural integrity of the airplane.
Compliance
(f) Comply with this AD within the compliance times specified,
unless already done.
Inspections, Related Investigative and Corrective Actions
(g) At the applicable times specified in Tables 1 and 2 of
paragraph 1.E., ``Compliance,'' of Boeing Service Bulletin 737-53-
1168, Revision 3, dated November 28, 2006 (for Model 737-300 series
airplanes); or Table 1 of paragraph 1.E., of Boeing Service Bulletin
737-53-1187, Revision 2, dated May 9, 2007 (for Model 737-400 series
airplanes); except as provided by paragraph (k) of this AD: Do the
applicable inspections and related investigative actions to detect
cracks in the aft fuselage skin panels, by accomplishing all of the
applicable actions specified in the Accomplishment Instructions of
Boeing Service Bulletin 737-53-1168, Revision 3, dated November 28,
2006; or Boeing Service Bulletin 737-53-1187, Revision 2, dated May
9, 2007; as applicable; including Note (f) of Table 1 of paragraph
1.E. And, do the applicable corrective actions specified in the
Accomplishment Instructions of Boeing Service Bulletin 737-53-1168,
Revision 3, dated November 28, 2006; or Boeing Service Bulletin 737-
53-1187, Revision 2, dated May 9, 2007; as applicable; except as
provided by paragraphs (h), (i), and (l) of this AD. Repeat the
applicable inspections and related investigative actions thereafter
at the applicable intervals specified in Tables 1 and 2 of paragraph
1.E. of Boeing Service Bulletin 737-53-1168, Revision 3, dated
November 28, 2006; or Table 1 of paragraph 1.E. of Boeing Service
Bulletin 737-53-1187, Revision 2, dated May 9, 2007; as applicable.
(h) If any crack is found during any inspection or corrective
action required by this AD, before further flight, repair in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 737-53-1168, Revision 3, dated November 28, 2006 (for Model
737-300 series airplanes); or Boeing Service Bulletin 737-53-1187,
Revision 2, dated May 9, 2007 (for Model 737-400 series airplanes);
except, where Boeing Service Bulletin 737-53-1168, Revision 3, dated
November 28, 2006; or Boeing Service Bulletin 737-53-1187, Revision
2, dated May 9, 2007; as applicable; specifies to contact Boeing,
before further flight, repair according to a method approved in
accordance with the procedures specified in paragraph (m) of this
AD.
(i) If any cracking of a repaired area is found during any
inspection required by this AD, and Boeing Service Bulletin 737-53-
1168, Revision 3, dated November 28, 2006 (for Model 737-300 series
airplanes); or Boeing Service Bulletin 737-53-1187, Revision 2,
dated May 9, 2007 (for Model 737-400 series airplanes); specifies
contacting Boeing for appropriate action: Before further flight,
repair the cracking using a method approved in accordance with the
procedures specified in paragraph (m) of this AD.
Optional Terminating Action
(j) Doing the skin panel replacement before the effective date
of this AD, in accordance with the service information specified in
Table 1 of this AD, as applicable, terminates the inspection
requirements of paragraph (g) of this AD for that skin panel only.
As of the effective date of this AD, doing the skin panel
replacement, in accordance with Boeing Service Bulletin 737-53-1168,
Revision 3, dated November 28, 2006; or Boeing Service Bulletin 737-
53-1187, Revision 2, dated May 9, 2007; as applicable; terminates
the inspection requirements of paragraph (g) of this AD for that
skin panel only.
Table 1--Acceptable Service Information for Optional Terminating Action
------------------------------------------------------------------------
Model Document
------------------------------------------------------------------------
Model 737-300 series Part 3 of the Accomplishment Instructions
airplanes. of Boeing Service Bulletin 737-53-1168,
dated March 16, 1995.
Part 3 of the Accomplishment Instructions
of Boeing Service Bulletin 737-53-1168,
Revision 1, dated August 17, 1995.
Part 3 of the Accomplishment Instructions
of Boeing Service Bulletin 737-53-1168,
Revision 2, dated November 27, 1996.
Part 3 of the Accomplishment Instructions
of Boeing Service Bulletin 737-53-1168,
Revision 3, dated November 28, 2006.
Model 737-400 series Part III of the Accomplishment
airplanes. Instructions of Boeing Service Bulletin
737-53-1187, dated November 2, 1995.
Part III of the Accomplishment
Instructions of Boeing Service Bulletin
737-53-1187, Revision 1, dated January
16, 1997.
[[Page 52398]]
Part III of the Accomplishment
Instructions of Boeing Service Bulletin
737-53-1187, Revision 2, dated May 9,
2007.
------------------------------------------------------------------------
Exception to Service Bulletins
(k) Where Boeing Service Bulletin 737-53-1168, Revision 3, dated
November 28, 2006 (for Model 737-300 series airplanes); or Boeing
Service Bulletin 737-53-1187, Revision 2, dated May 9, 2007 (for
Model 737-400 series airplanes); specifies compliance times after
the release date of those service bulletins, this AD requires that
the specified actions be done within the specified compliance times
after the effective date of this AD.
No Reporting Required
(l) Although Boeing Service Bulletin 737-53-1168, Revision 3,
dated November 28, 2006 (for Model 737-300 series airplanes); and
Boeing Service Bulletin 737-53-1187, Revision 2, dated May 9, 2007
(for Model 737-400 series airplanes); specify to submit information
to the manufacturer, this AD does not include such a requirement.
Alternative Methods of Compliance (AMOCs)
(m)(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
(n) You must use Boeing Service Bulletin 737-53-1168, Revision
3, dated November 28, 2006; or Boeing Service Bulletin 737-53-1187,
Revision 2, dated May 9, 2007; as applicable; to do the actions
required by this AD, unless the AD specifies otherwise. If you do
the optional terminating action specified in this AD, you must use
the service information specified in Table 2 of this AD, as
applicable, to do the optional terminating action, unless the AD
specifies otherwise.
Table 2--Service Information for Optional Terminating Action
----------------------------------------------------------------------------------------------------------------
Boeing Service Bulletin-- Revision-- Dated--
----------------------------------------------------------------------------------------------------------------
737-53-1168.............................. Original.................... March 16, 1995.
737-53-1168.............................. 1........................... August 17, 1995.
737-53-1168.............................. 2........................... November 27, 1996.
737-53-1168.............................. 3........................... November 28, 2006.
737-53-1187.............................. Original.................... November 2, 1995.
737-53-1187.............................. 1........................... January 16, 1997.
737-53-1187.............................. 2........................... May 9, 2007.
----------------------------------------------------------------------------------------------------------------
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(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 September 25, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-23877 Filed 10-9-09; 8:45 am]
BILLING CODE 4910-13-P
