Airworthiness Directives; The Boeing Company Model 737-200, -200C, -300, -400, and- 500 Series Airplanes, 19564-19567 [2010-8570]
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19564
Proposed Rules
Federal Register
Vol. 75, No. 72
Thursday, April 15, 2010
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2010–0036; Directorate
Identifier 2009–NM–077–AD]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Model 737–200, –200C, –300,
–400, and– 500 Series Airplanes
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
We propose to adopt a new
airworthiness directive (AD) for certain
Model 737–200, –200C, –300, –400,
and– 500 series airplanes. This
proposed AD would require repetitive
inspections for cracking and corrosion
of the skin and surrounding structure
under the number 3 very high frequency
(VHF) antenna, and corrective actions if
necessary. Also, for certain airplanes,
this proposed AD would require
replacing bonded skin panels with solid
skin panels. This proposed AD results
from reports of cracks in the skin and
surrounding structure under the number
3 VHF antenna on the lower external
surface of the airplane at Buttock Line
0.0, aft of the main landing gear wheel
well. We are proposing this AD to detect
and correct cracks and corrosion of the
skin and surrounding structure under
the number 3 VHF antenna, which
could result in separation of the antenna
from the airplane, and rapid
depressurization of the airplane.
DATES: We must receive comments on
this proposed AD by June 1, 2010.
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
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SUMMARY:
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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 proposed 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. 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.
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 proposed 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:
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–2010–0036; Directorate Identifier
2009–NM–077–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
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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 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 proposed AD.
Discussion
We have received reports of cracks of
the skin and surrounding structure
under the number 3 (very high
frequency) VHF antenna on the lower
external surface of the airplane at
Buttock Line 0.0, aft of the main landing
gear wheel well on Model 737–200,
–200C, –300, –400, and– 500 series
airplanes. One report indicated there
was a 15-inch longitudinal crack in the
skin near Buttock Line 0.0 just forward
of the number 3 VHF antenna cutout,
running forward. The first 14 inches of
the crack was hidden beneath the
number 3 VHF antenna. Five other
reports indicated there were skin cracks
between 1.5 and 3 inches in length in
the same area. The reports also
indicated that the main antenna support
channel and other support structure
were cracked. The earliest reported
cracks were at 18,289 flight cycles. This
condition, if not corrected, could result
in crack growth, possibly leading to
separation of the antenna from the
airplane, and rapid depressurization of
the airplane.
Relevant Service Information
We have reviewed Boeing Special
Attention Service Bulletin 737–53–
1287, dated March 11, 2009. The service
bulletin describes procedures for
repetitive external detailed and external
high frequency eddy current (HFEC)
inspections for cracking and corrosion
in the skin; and repetitive internal
detailed inspections for cracking and
corrosion in the skin, antenna support
structure, and surrounding frames and
stringers; depending on the airplane
configuration. For Group 1–4,
configuration 2 airplanes, having a
cover plate at the number 3 VHF
antenna location, accomplishing the
HFEC inspection eliminates the need for
repetitive external detailed inspections.
Boeing Special Attention Service
Bulletin 737–53–1287, dated March 11,
2009, also specifies contacting Boeing
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Federal Register / Vol. 75, No. 72 / Thursday, April 15, 2010 / Proposed Rules
for certain inspection instructions, and
for all repair instructions.
The initial compliance time is 15,000
total flight cycles, or within 1,100 or
6,000 flight cycles (depending on
configuration and inspection type) from
the date on the service bulletin,
whichever occurs later, for the following
inspections:
• External detailed inspections for
any crack in the skin;
• External HFEC inspections for any
crack in the skin;
• Internal detailed inspection for any
crack in the skin, antenna support
structure, and surrounding frames and
stringers; and
• Internal detailed inspection for any
crack or corrosion in the skin, antenna
support structure, and surrounding
frames and stringers.
The initial compliance time is within
18,000 flight cycles (depending on
configuration and inspection type) from
the date on the service bulletin, for the
following inspections:
• External detailed and HFEC
inspection for any crack or corrosion in
the skin; and
• Internal detailed inspection for any
crack or corrosion in the skin.
The repetitive inspection intervals,
which depend on the airplane
configuration and inspection type, range
between 1,100 flight cycles and 18,000
flight cycles.
Boeing Special Attention Service
Bulletin 737–53–1287, dated March 11,
2009, specifies prior or concurrent
accomplishment, for certain airplanes,
of the replacement of bonded skin
panels with solid skin panels in
accordance with Part 5 of Boeing
Service Bulletin 737–53A1042, Revision
5, dated October 5, 1984. The actions
specified in Boeing Service Bulletin
737–53A1042, Revision 5, dated
October 5, 1984, are necessary to
comply with AD 90–06–02, Amendment
39–6489 (55 FR 8372, March 7, 1990).
FAA’s Determination and Requirements
of This Proposed AD
We are proposing this AD because we
evaluated all relevant information and
determined the unsafe condition
described previously is likely to exist or
develop in other products of these same
type designs. This proposed AD would
require accomplishing the actions
specified in the service information
described previously, except as
discussed under ‘‘Difference Between
the Proposed AD and Service Bulletin.’’
19565
Difference Between the Proposed AD
and Service Bulletin
Boeing Special Attention Service
Bulletin 737–53–1287, dated March 11,
2009, specifies to contact the
manufacturer for instructions on how to
repair certain conditions, but this
proposed AD would require repairing
those conditions in one of the following
ways:
• Using a method that we approve; or
• Using data that meet the
certification basis of the airplane, and
that have been approved by the Boeing
Commercial Airplanes Organization
Designation Authorization (ODA) that
has been authorized by the Manager,
Seattle ACO, to make those findings.
Interim Action
We consider this proposed AD
interim action. If final action is later
identified, we might consider further
rulemaking then.
Costs of Compliance
We estimate that this proposed AD
would affect 1,016 airplanes of U.S.
registry. The following table provides
the estimated costs for U.S. operators to
comply with this proposed AD.
TABLE—ESTIMATED COSTS
Action
Average
labor rate
per hour
Work hours
Parts
Inspection ..........................
Between 3
and 9.
$85
None
Concurrent Replacement
for Group 2 airplanes.1
2,112 ...........
$85
$35,000
Number of
U.S.registered
airplanes
Cost per product
Between $255 and $765,
per inspection cycle.
629
$214,520 ..........................
387
Fleet cost
Between $160,395 and
$481,185, per inspection cycle.
$83,019,240.
1 The concurrent modification for Group 2 airplanes required by this AD is already required by AD 90–06–02. AD 90–06–02 mandated the skin
replacement per Boeing Service Bulletin 737–53A1042 within 20 years of the manufacture date of the airplane. All group 2 airplanes have exceeded the 20-year threshold.
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Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. ‘‘Subtitle VII:
Aviation Programs,’’ describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in ‘‘Subtitle VII,
Part A, Subpart III, Section 44701:
General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
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is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We determined that this proposed AD
would not have federalism implications
under Executive Order 13132. This
proposed AD would not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
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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.
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.
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Federal Register / Vol. 75, No. 72 / Thursday, April 15, 2010 / Proposed Rules
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.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
The Boeing Company: Docket No. FAA–
2010–0036; Directorate Identifier 2009–
NM–077–AD.
Comments Due Date
(a) We must receive comments by June 1,
2010.
Affected ADs
(b) AD 90–06–02, Amendment 39–6489,
affects this AD.
Applicability
(c) This AD applies to The Boeing
Company Model 737–200, –200C, –300,
–400, and –500 series airplanes, certificated
in any category, as identified in Boeing
Special Attention Service Bulletin 737–53–
1287, dated March 11, 2009.
Subject
(d) Air Transport Association (ATA) of
America Code 53: Fuselage.
Unsafe Condition
(e) This AD results from reports of cracks
of the skin and surrounding structure under
the number 3 very high frequency (VHF)
antenna on the lower external surface of the
airplane at Buttock Line 0.0, aft of the main
landing gear wheel well. The Federal
Aviation Administration is issuing this AD to
detect and correct cracks and corrosion of the
skin and surrounding structure under the
number 3 VHF antenna, which could result
in separation of the antenna from the
airplane, and rapid depressurization of the
airplane.
exists under the cover plate that extends a
minimum of 3 rows of fasteners all around
the cover plate: Do the applicable inspections
on the doubler instead of the skin.
(i) For Group 1–4, configuration 2 airplanes
having a cover plate at the number 3 VHF
antenna location: Accomplishing the HFEC
inspection terminates the repetitive external
detailed inspections.
Compliance
(f) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
(j) If any cracking or corrosion is found
during any inspection required by this AD,
before further flight, repair the crack or
corrosion using a method approved in
accordance with the procedures specified in
paragraph (o) of this AD.
Inspections
(g) Except as required by paragraphs (m)
and (n) of this AD, at the applicable time in
paragraph 1.E., ‘‘Compliance,’’ of Boeing
Special Attention Service Bulletin 737–53–
1287, dated March 11, 2009: Do external
detailed and high frequency eddy current
(HFEC) inspections for cracking in the skin,
and for cracking and corrosion in the skin,
as applicable; and an internal detailed
inspection for cracking or corrosion in the
skin, antenna support structure, and
surrounding frames and stringers, under the
number 3 VHF antenna, as applicable; in
accordance with the Accomplishment
Instructions of Boeing Special Attention
Service Bulletin 737–53–1287, dated March
11, 2009, except as provided by paragraph (h)
of this AD. Repeat the inspections, as
applicable, thereafter at the applicable time
specified in paragraph 1.E., ‘‘Compliance,’’ of
Boeing Special Attention Service Bulletin
737–53–1287, dated March 11, 2009 except
as provided by paragraph (i) of this AD.
(h) For airplanes on which any external
detailed, or external detailed and HFEC
inspection is done, and an external doubler
Corrective Actions
Concurrent Requirement
(k) For Group 2 airplanes, as identified in
Boeing Special Attention Service Bulletin
737–53–1287, dated March 11, 2009: Before
or concurrently with accomplishing the
requirements of paragraph (g) of this AD,
replace the bonded skin panels with solid
skin panels, in accordance with the
Accomplishment Instructions of Boeing
Service Bulletin 737–53A1042, Revision 9,
dated July 25, 1991.
Note 1: The concurrent requirement for
replacement of bonded skin panels with solid
skin panels is already required by AD 90–06–
02, Amendment 39–6489.
Replacements Accomplished According to
Previous Issue of Service Bulletin
(l) Replacements accomplished before the
effective date of this AD in accordance with
the Accomplishment Instructions of the
service bulletins specified in Table 1 of this
AD are considered acceptable for compliance
with the corresponding action specified in
paragraph (k) of this AD.
TABLE 1—PREVIOUSLY ISSUED SERVICE BULLETIN
Document
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Boeing
Boeing
Boeing
Boeing
Service
Service
Service
Service
Bulletin
Bulletin
Bulletin
Bulletin
737–53A1042
737–53A1042
737–53A1042
737–53A1042
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
Exceptions to Service Bulletin
(m) Where Boeing Special Attention
Service Bulletin 737–53–1287, dated March
11, 2009, specifies a compliance time after
the date on that service bulletin, this AD
requires compliance after the effective date of
this AD.
(n) The Compliance Time column of Table
5 of paragraph 1.E., ‘‘Compliance,’’ of Boeing
Special Attention Service Bulletin 737–53–
1287, dated March 11, 2009, is missing the
phrase ‘‘(Whichever Occurs Later).’’
Compliance with the actions in the Action
column of Table 5 of paragraph 1.E.,
‘‘Compliance,’’ of Boeing Special Attention
Service Bulletin 737–53–1287, dated March
11, 2009, is required by the later of the
corresponding times specified in the
Compliance Time column of Table 5 of
paragraph 1.E., ‘‘Compliance,’’ of Boeing
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Revision
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Special Attention Service Bulletin 737–53–
1287, dated March 11, 2009.
Alternative Methods of Compliance
(AMOCs)
(o)(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, FAA, Seattle
Aircraft Certification Office, 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
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5
6
7
8
Date
October 5, 1984.
August 10, 1989.
October 19, 1989.
July 19, 1990.
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 the
Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that 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.
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Federal Register / Vol. 75, No. 72 / Thursday, April 15, 2010 / Proposed Rules
Issued in Renton, Washington on April 2,
2010.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2010–8570 Filed 4–14–10; 8:45 am]
BILLING CODE 4910–13–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 51 and 52
[EPA–HQ–OAR–2003–0064; FRL–9133–7]
RIN 2060–AP80
Prevention of Significant Deterioration
(PSD) and Nonattainment New Source
Review (NSR): Aggregation;
Reconsideration
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AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: Pursuant to a proceeding for
reconsideration, the EPA requests
comment on a Clean Air Act (CAA) rule,
the New Source Review (NSR)
Aggregation Amendments, which was
promulgated on January 15, 2009. The
NSR Aggregation Amendments
established a new interpretation of the
existing NSR rules governing the
modification of major sources by
requiring sources and permitting
authorities to combine emissions from
nominally-separate activities at a major
stationary source only when the
activities are ‘‘substantially related.’’
This proposed reconsideration is in
response to a petition from the Natural
Resources Defense Council (NRDC)
received on January 30, 2009. EPA
requests public comment on all issues
included in NRDC’s petition. In light of
the legal and policy issues raised in the
petition and in our own review of the
rule, EPA’s preferred option is to revoke
the NSR Aggregation Amendments. EPA
is also proposing to extend the effective
date of the stay by an additional 6
months, and soliciting comment on a
longer extension of the stay.
DATES: Comments. Comments must be
received on or before May 17, 2010.
Public Hearing. If anyone contacts
EPA requesting the opportunity to speak
at a public hearing concerning the
proposed regulation by April 26, 2010,
EPA will hold a public hearing on April
30, 2010. If a hearing is held, the record
for the hearing will remain open until
June 1, 2010.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2003–0064, by one of the
following methods:
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15:01 Apr 14, 2010
Jkt 220001
• https://www.regulations.gov. Follow
the online instructions for submitting
comments.
• E-mail: a-and-r-docket@epa.gov.
• Mail: Air and Radiation Docket,
Environmental Protection Agency, Mail
code 6102T, 1200 Pennsylvania Avenue,
NW., Washington, DC 20460. Please
include a total of two copies.
• Hand Delivery: EPA Docket Center,
Public Reading Room, EPA West, Room
3334, 1301 Constitution Ave., NW,
Washington, DC 20460. Such deliveries
are only accepted during the Docket’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
the applicable docket. EPA’s policy is
that all comments received will be
included in the public docket without
change and may be made available
online at https://www.regulations.gov,
including any personal information
provided, unless the comment includes
information claimed to be confidential
business information (CBI) or other
information whose disclosure is
restricted by statute. Do not submit
information that you consider to be CBI
or otherwise protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
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19567
electronically through https://
www.regulations.gov or in hard copy at
the EPA Docket Center, Public Reading
Room, EPA West, Room 3334, 1301
Constitution Ave., NW., Washington,
DC, 20460. The Public Reading Room is
open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1742,
and the telephone number for the Air
Docket is (202) 566–1744.
Public Hearing. If a public hearing is
held, it will be held in Washington, DC.
FOR FURTHER INFORMATION CONTACT: Mr.
David Svendsgaard, Air Quality Policy
Division (C504–03), U.S. Environmental
Protection Agency, Research Triangle
Park, NC 27711, telephone number:
(919) 541–2380; fax number: (919) 541–
5509, e-mail address:
svendsgaard.dave@epa.gov.
To request a public hearing or
information pertaining to a public
hearing on this document, contact Ms.
Pamela Long, Air Quality Policy
Division (C504–03), U.S. Environmental
Protection Agency, Research Triangle
Park, North Carolina 27711; telephone
number (919) 541–0641; fax number
(919) 541–5509; e-mail address:
long.pam@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this sction spply to me?
Entities potentially affected by this
action include sources in all industry
groups and state, local, and tribal
governments.
B. How is this preamble organized?
The preamble is organized as follows:
I. General Information
A. Does this action apply to me?
B. How is this preamble organized?
II. Overview
A. What is ‘‘Aggregation’’?
B. What events have led to this action?
III. This Action
A. What is the standard for
reconsideration?
B. What issues are being reconsidered?
C. Key Issues Under Reconsideration
1. Lack of Adequate Opportunity for Notice
and Comment on the Adopted Rule
2. Rule may be Inconsistent with a Court
of Appeals Decision for Previous NSR
Rule
a. Background for Our Historic Approach
b. Our Explanation of Our Authority in the
NSR Aggregation Amendments
c. The CAA Requires Aggregation of
Nominally-Separate Changes When They
Collectively can be Seen as One Change
3. Questioning the Need for a Policy
Change
4. State Plan Adoption
5. Proposal to Revoke Rule
6. Proposal to Extend Effective Date
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]]>Agencies
[Federal Register Volume 75, Number 72 (Thursday, April 15, 2010)]
[Proposed Rules]
[Pages 19564-19567]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8570]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 75, No. 72 / Thursday, April 15, 2010 /
Proposed Rules
[[Page 19564]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0036; Directorate Identifier 2009-NM-077-AD]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Model 737-200, -
200C, -300, -400, and- 500 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Model 737-200, -200C, -300, -400, and- 500 series airplanes.
This proposed AD would require repetitive inspections for cracking and
corrosion of the skin and surrounding structure under the number 3 very
high frequency (VHF) antenna, and corrective actions if necessary.
Also, for certain airplanes, this proposed AD would require replacing
bonded skin panels with solid skin panels. This proposed AD results
from reports of cracks in the skin and surrounding structure under the
number 3 VHF antenna on the lower external surface of the airplane at
Buttock Line 0.0, aft of the main landing gear wheel well. We are
proposing this AD to detect and correct cracks and corrosion of the
skin and surrounding structure under the number 3 VHF antenna, which
could result in separation of the antenna from the airplane, and rapid
depressurization of the airplane.
DATES: We must receive comments on this proposed AD by June 1, 2010.
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 proposed 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. 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.
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 proposed 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:
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-2010-0036;
Directorate Identifier 2009-NM-077-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 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 proposed AD.
Discussion
We have received reports of cracks of the skin and surrounding
structure under the number 3 (very high frequency) VHF antenna on the
lower external surface of the airplane at Buttock Line 0.0, aft of the
main landing gear wheel well on Model 737-200, -200C, -300, -400, and-
500 series airplanes. One report indicated there was a 15-inch
longitudinal crack in the skin near Buttock Line 0.0 just forward of
the number 3 VHF antenna cutout, running forward. The first 14 inches
of the crack was hidden beneath the number 3 VHF antenna. Five other
reports indicated there were skin cracks between 1.5 and 3 inches in
length in the same area. The reports also indicated that the main
antenna support channel and other support structure were cracked. The
earliest reported cracks were at 18,289 flight cycles. This condition,
if not corrected, could result in crack growth, possibly leading to
separation of the antenna from the airplane, and rapid depressurization
of the airplane.
Relevant Service Information
We have reviewed Boeing Special Attention Service Bulletin 737-53-
1287, dated March 11, 2009. The service bulletin describes procedures
for repetitive external detailed and external high frequency eddy
current (HFEC) inspections for cracking and corrosion in the skin; and
repetitive internal detailed inspections for cracking and corrosion in
the skin, antenna support structure, and surrounding frames and
stringers; depending on the airplane configuration. For Group 1-4,
configuration 2 airplanes, having a cover plate at the number 3 VHF
antenna location, accomplishing the HFEC inspection eliminates the need
for repetitive external detailed inspections.
Boeing Special Attention Service Bulletin 737-53-1287, dated March
11, 2009, also specifies contacting Boeing
[[Page 19565]]
for certain inspection instructions, and for all repair instructions.
The initial compliance time is 15,000 total flight cycles, or
within 1,100 or 6,000 flight cycles (depending on configuration and
inspection type) from the date on the service bulletin, whichever
occurs later, for the following inspections:
External detailed inspections for any crack in the skin;
External HFEC inspections for any crack in the skin;
Internal detailed inspection for any crack in the skin,
antenna support structure, and surrounding frames and stringers; and
Internal detailed inspection for any crack or corrosion in
the skin, antenna support structure, and surrounding frames and
stringers.
The initial compliance time is within 18,000 flight cycles
(depending on configuration and inspection type) from the date on the
service bulletin, for the following inspections:
External detailed and HFEC inspection for any crack or
corrosion in the skin; and
Internal detailed inspection for any crack or corrosion in
the skin.
The repetitive inspection intervals, which depend on the airplane
configuration and inspection type, range between 1,100 flight cycles
and 18,000 flight cycles.
Boeing Special Attention Service Bulletin 737-53-1287, dated March
11, 2009, specifies prior or concurrent accomplishment, for certain
airplanes, of the replacement of bonded skin panels with solid skin
panels in accordance with Part 5 of Boeing Service Bulletin 737-
53A1042, Revision 5, dated October 5, 1984. The actions specified in
Boeing Service Bulletin 737-53A1042, Revision 5, dated October 5, 1984,
are necessary to comply with AD 90-06-02, Amendment 39-6489 (55 FR
8372, March 7, 1990).
FAA's Determination and Requirements of This Proposed AD
We are proposing this AD because we evaluated all relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of these same type
designs. This proposed AD would require accomplishing the actions
specified in the service information described previously, except as
discussed under ``Difference Between the Proposed AD and Service
Bulletin.''
Difference Between the Proposed AD and Service Bulletin
Boeing Special Attention Service Bulletin 737-53-1287, dated March
11, 2009, specifies to contact the manufacturer for instructions on how
to repair certain conditions, but this proposed AD would require
repairing those conditions in one of the following ways:
Using a method that we approve; or
Using data that meet the certification basis of the
airplane, and that have been approved by the Boeing Commercial
Airplanes Organization Designation Authorization (ODA) that has been
authorized by the Manager, Seattle ACO, to make those findings.
Interim Action
We consider this proposed AD interim action. If final action is
later identified, we might consider further rulemaking then.
Costs of Compliance
We estimate that this proposed AD would affect 1,016 airplanes of
U.S. registry. The following table provides the estimated costs for
U.S. operators to comply with this proposed AD.
Table--Estimated Costs
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Number of
Average U.S.-
Action Work hours labor rate Parts Cost per product registered Fleet cost
per hour airplanes
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Inspection........................... Between 3 and 9......... $85 None Between $255 and $765, 629 Between $160,395 and
per inspection cycle. $481,185, per
inspection cycle.
Concurrent Replacement for Group 2 2,112................... $85 $35,000 $214,520............... 387 $83,019,240.
airplanes.\1\
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\1\ The concurrent modification for Group 2 airplanes required by this AD is already required by AD 90-06-02. AD 90-06-02 mandated the skin replacement
per Boeing Service Bulletin 737-53A1042 within 20 years of the manufacture date of the airplane. All group 2 airplanes have exceeded the 20-year
threshold.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866,
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979), 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.
[[Page 19566]]
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 FAA amends Sec. 39.13 by adding the following new AD:
The Boeing Company: Docket No. FAA-2010-0036; Directorate Identifier
2009-NM-077-AD.
Comments Due Date
(a) We must receive comments by June 1, 2010.
Affected ADs
(b) AD 90-06-02, Amendment 39-6489, affects this AD.
Applicability
(c) This AD applies to The Boeing Company Model 737-200, -200C,
-300, -400, and -500 series airplanes, certificated in any category,
as identified in Boeing Special Attention Service Bulletin 737-53-
1287, dated March 11, 2009.
Subject
(d) Air Transport Association (ATA) of America Code 53:
Fuselage.
Unsafe Condition
(e) This AD results from reports of cracks of the skin and
surrounding structure under the number 3 very high frequency (VHF)
antenna on the lower external surface of the airplane at Buttock
Line 0.0, aft of the main landing gear wheel well. The Federal
Aviation Administration is issuing this AD to detect and correct
cracks and corrosion of the skin and surrounding structure under the
number 3 VHF antenna, which could result in separation of the
antenna from the airplane, and rapid depressurization of the
airplane.
Compliance
(f) 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
(g) Except as required by paragraphs (m) and (n) of this AD, at
the applicable time in paragraph 1.E., ``Compliance,'' of Boeing
Special Attention Service Bulletin 737-53-1287, dated March 11,
2009: Do external detailed and high frequency eddy current (HFEC)
inspections for cracking in the skin, and for cracking and corrosion
in the skin, as applicable; and an internal detailed inspection for
cracking or corrosion in the skin, antenna support structure, and
surrounding frames and stringers, under the number 3 VHF antenna, as
applicable; in accordance with the Accomplishment Instructions of
Boeing Special Attention Service Bulletin 737-53-1287, dated March
11, 2009, except as provided by paragraph (h) of this AD. Repeat the
inspections, as applicable, thereafter at the applicable time
specified in paragraph 1.E., ``Compliance,'' of Boeing Special
Attention Service Bulletin 737-53-1287, dated March 11, 2009 except
as provided by paragraph (i) of this AD.
(h) For airplanes on which any external detailed, or external
detailed and HFEC inspection is done, and an external doubler exists
under the cover plate that extends a minimum of 3 rows of fasteners
all around the cover plate: Do the applicable inspections on the
doubler instead of the skin.
(i) For Group 1-4, configuration 2 airplanes having a cover
plate at the number 3 VHF antenna location: Accomplishing the HFEC
inspection terminates the repetitive external detailed inspections.
Corrective Actions
(j) If any cracking or corrosion is found during any inspection
required by this AD, before further flight, repair the crack or
corrosion using a method approved in accordance with the procedures
specified in paragraph (o) of this AD.
Concurrent Requirement
(k) For Group 2 airplanes, as identified in Boeing Special
Attention Service Bulletin 737-53-1287, dated March 11, 2009: Before
or concurrently with accomplishing the requirements of paragraph (g)
of this AD, replace the bonded skin panels with solid skin panels,
in accordance with the Accomplishment Instructions of Boeing Service
Bulletin 737-53A1042, Revision 9, dated July 25, 1991.
Note 1: The concurrent requirement for replacement of bonded
skin panels with solid skin panels is already required by AD 90-06-
02, Amendment 39-6489.
Replacements Accomplished According to Previous Issue of Service
Bulletin
(l) Replacements accomplished before the effective date of this
AD in accordance with the Accomplishment Instructions of the service
bulletins specified in Table 1 of this AD are considered acceptable
for compliance with the corresponding action specified in paragraph
(k) of this AD.
Table 1--Previously Issued Service Bulletin
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Document Revision Date
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Boeing Service Bulletin 737- 5 October 5, 1984.
53A1042.
Boeing Service Bulletin 737- 6 August 10, 1989.
53A1042.
Boeing Service Bulletin 737- 7 October 19, 1989.
53A1042.
Boeing Service Bulletin 737- 8 July 19, 1990.
53A1042.
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Exceptions to Service Bulletin
(m) Where Boeing Special Attention Service Bulletin 737-53-1287,
dated March 11, 2009, specifies a compliance time after the date on
that service bulletin, this AD requires compliance after the
effective date of this AD.
(n) The Compliance Time column of Table 5 of paragraph 1.E.,
``Compliance,'' of Boeing Special Attention Service Bulletin 737-53-
1287, dated March 11, 2009, is missing the phrase ``(Whichever
Occurs Later).'' Compliance with the actions in the Action column of
Table 5 of paragraph 1.E., ``Compliance,'' of Boeing Special
Attention Service Bulletin 737-53-1287, dated March 11, 2009, is
required by the later of the corresponding times specified in the
Compliance Time column of Table 5 of paragraph 1.E., ``Compliance,''
of Boeing Special Attention Service Bulletin 737-53-1287, dated
March 11, 2009.
Alternative Methods of Compliance (AMOCs)
(o)(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,
FAA, Seattle Aircraft Certification Office, 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 the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that 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.
[[Page 19567]]
Issued in Renton, Washington on April 2, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-8570 Filed 4-14-10; 8:45 am]
BILLING CODE 4910-13-P
