Airworthiness Directives; The Boeing Company Airplanes, 36134-36137 [2012-14377]

Download as PDF 36134 Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Rules and Regulations (h) Alternative Methods of Compliance (AMOCs) DEPARTMENT OF TRANSPORTATION (1) The Manager, Chicago Aircraft Certification Office, FAA, may approve AMOCs for this AD. Send your proposal to: Gregory J. Michalik, Enstrom Program Manager, FAA, Chicago Aircraft Certification Office, 2300 East Devon Avenue, Room 107, Des Plaines, Illinois, 60018; telephone (847) 294–7135; fax (847) 294–7834; email: gregory.michalik@faa.gov. (2) For operations conducted under a 14 CFR part 119 operating certificate or under 14 CFR part 91, subpart K, we suggest that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office before operating any aircraft complying with this AD through an AMOC. Federal Aviation Administration (i) Subject Joint Aircraft Service Component (JASC) Code: 6710: Main Rotor Control. (j) Material Incorporated by Reference srobinson on DSK4SPTVN1PROD with RULES (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the following service information under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use the following service information to do the actions required by this AD, unless the AD specifies otherwise. (3) The following service information was approved for IBR on July 3, 2012. (i) Enstrom Service Directive Bulletin No. 0110, Revision 4, dated January 23, 2012, for Model F–28C, F–28C–2, F–28F, 280C, 280F, and 280FX helicopters. (4) The following service information was approved for IBR on January 23, 2012 (77 FR 729, January 6, 2012). (i) Enstrom Service Directive Bulletin No. T–039, Revision 3, dated July 6, 2011, for Model TH–28, 480, and 480B helicopters. (5) For service information identified in this AD, contact Enstrom Helicopter Corporation, 2209 22nd St., Menominee, Michigan, 49858–0490; telephone: 906–863– 1200; email: customerservice@ enstromhelicopter.com; Web site: https:// www.enstromhelicopter.com/enstrom_new/ enstrom_support_tec.html. (6) You may review a copy of the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137 or 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 Fort Worth, Texas, on May 17, 2012. Kim Smith, Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. 2012–14634 Filed 6–15–12; 8:45 am] BILLING CODE 4910–13–P VerDate Mar<15>2010 16:18 Jun 15, 2012 Jkt 226001 14 CFR Part 39 [Docket No. FAA–2011–1254; Directorate Identifier 2010–NM–178–AD; Amendment 39–17083; AD 2012–12–04] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: We are superseding an existing airworthiness directive (AD) for certain The Boeing Company Model 737–300, –400, and –500 series airplanes. That AD currently requires repetitive external detailed inspections or non-destructive inspections to detect cracks in the fuselage skin along the chem-mill steps at stringers S–1 and S– 2R, between station (STA) 400 and STA 460, and repair if necessary. This new AD adds inspections for cracking in additional fuselage skin locations, and repair if necessary. This new AD also reduces the inspection thresholds and repetitive intervals for certain airplanes. This AD was prompted by reports of additional crack findings of the fuselage skin at the chem-mill steps. We are issuing this AD to detect and correct fatigue cracking of the fuselage skin panels at the chem-mill steps, which could result in sudden fracture and failure of the fuselage skin panels, and consequent rapid decompression of the airplane. DATES: This AD is effective July 23, 2012. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of July 23, 2012. 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; 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. SUMMARY: Examining the AD Docket You may examine the AD docket on the Internet at https:// PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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 (phone: 800–647–5527) is 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; phone: 425– 917–6447; fax: 425–917–6590; email: wayne.lockett@faa.gov. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2008–19–03, Amendment 39–15670 (73 FR 56958, October 1, 2008). That AD applies to the specified products. The NPRM published in the Federal Register on November 28, 2011 (76 FR 72853). That NPRM proposed to continue to require repetitive external detailed inspections or non-destructive inspections to detect cracks in the fuselage skin along the chem-mill steps at stringers S–1 and S– 2R, between station (STA) 400 and STA 460, and repair if necessary. That NPRM also proposed to add inspections for cracking in additional fuselage skin locations, and repair if necessary. That NPRM also proposed to reduce the inspection thresholds and repetitive intervals for certain airplanes. Comments We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the proposal (76 FR 72853, November 28, 2011) and the FAA’s response to each comment. Support for the NPRM (76 FR 72853, November 28, 2011) The National Transportation Board supports the NPRM (76 FR 72853, November 28, 2011). Request To Revise Paragraph (j) of the NPRM (76 FR 72853, November 28, 2011) Boeing asked that we include Boeing Alert Service Bulletin 737–53A1293, Revision 1, dated July 7, 2010, in the exception to the service bulletin E:\FR\FM\18JNR1.SGM 18JNR1 Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Rules and Regulations specified in paragraph (j) of the NPRM (76 FR 72853, November 28, 2011). (Paragraph (j) of the NPRM is identified as paragraph (j)(1) in this final rule.) Boeing stated that the compliance times in paragraph 1.E. ‘‘Compliance’’ of Boeing Service Bulletin 737–53A1293, Revision 2, dated August 10, 2011, are based on the release date of Boeing Alert Service Bulletin 737–53A1293, Revision 1, dated July 7, 2010. Boeing added that paragraph (j) of the NPRM should be changed to reference Boeing Alert Service Bulletin 737–53A1293, Revision 1, dated July 7, 2010. We agree with the commenter’s request for the reason provided. We have changed paragraph (j)(1) of this AD accordingly. Request To Clarify the Language in Paragraph (k) of the NPRM (76 FR 72853, November 28, 2011) Boeing asked that the language specified in paragraph (k) of the NPRM (76 FR 72853, November 28, 2011) be clarified. (Paragraph (k) of the NPRM is identified as paragraph (j)(2) in this final rule.) Boeing stated that the intent of paragraph (k) of the NPRM is ‘‘to specify an exception to the compliance time for accomplishing the next service bulletin inspection, being the effective date of the AD, for the condition addressed by the paragraph.’’ Boeing added that the language does not clearly describe that it is an exception to the compliance time; rather, it could be interpreted as an exception to the condition. We agree to provide clarification. Paragraph (j)(2) of this AD is an exception to the conditions, and is provided to establish a date from which to determine if an inspection has been previously accomplished. Therefore, we have made no change to the AD in this regard. Change to Final Rule This final rule has been changed to include an optional modification of the chem-milled steps at any location identified in Boeing Service Bulletin 737–53A1293, Revision 2, dated August 10, 2011, which would eliminate the need for the repetitive inspections required by paragraph (g) of this AD. We have determined that we can better ensure long-term continued operational safety by including this modification. Therefore, we have added a new paragraph (i) to this AD to include this modification, and reidentified subsequent paragraphs accordingly. In 36135 addition, we have indicated in the Costs of Compliance section of this AD that we do not have data regarding the cost of the optional terminating action. 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— and minor editorial changes. We have determined that these minor changes: • Are consistent with the intent that was proposed in the NPRM (76 FR 72853, November 28, 2011) for correcting the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the NPRM (76 FR 72853, November 28, 2011). Interim Action We consider this AD interim action. If final action is identified later, we might consider further rulemaking then. Costs of Compliance We estimate that this AD affects 596 airplanes of U.S. registry. We estimate the following costs to comply with this AD: ESTIMATED COSTS Action Labor cost Inspections (required actions in AD 2008–19–03, Amendment 39–15670 (73 FR 56958, October 1, 2008). New inspections ...................... 5 work-hours × $85 per hour = $425 per inspection cycle. Between 7 and 15 work-hours, depending on airplane configuration = between $595 and $1,275 per inspection cycle. We have received no definitive data that would enable us to provide a cost estimate for the on-condition actions or the optional terminating action specified in this AD. srobinson on DSK4SPTVN1PROD with RULES Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency’s authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, ‘‘General requirements.’’ Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in VerDate Mar<15>2010 16:18 Jun 15, 2012 Jkt 226001 Parts cost Cost per product Cost on U.S. operators N/A $425 per inspection cycle ....... $253,300 per inspection cycle. N/A Between $595 and $1,275 per inspection cycle. Between $354,620 and $759,900 per inspection cycle. air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 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), (3) Will not affect intrastate aviation in Alaska, and (4) 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. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. E:\FR\FM\18JNR1.SGM 18JNR1 36136 Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Rules and Regulations accordance with the Accomplishment Instructions of Boeing Service Bulletin 737– 53A1293, Revision 2, dated August 10, 2011. Repeat the applicable inspections thereafter at intervals not to exceed those specified in paragraph 1.E., ‘‘Compliance,’’ of Boeing Service Bulletin 737–53A1293, Revision 2, dated August 10, 2011. 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 (h) Repair 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by removing airworthiness directive (AD) 2008–19–03, Amendment 39–15670 (73 FR 56958, October 1, 2008), and adding the following new AD: ■ 2012–12–04 The Boeing Company: Amendment 39–17083; Docket No. FAA–2011–1254; Directorate Identifier 2010–NM–178–AD. (a) Effective Date This airworthiness directive (AD) is effective July 23, 2012. (b) Affected ADs This AD supersedes AD 2008–19–03, Amendment 39–15670 (73 FR 56958, October 1, 2008). (c) Applicability This AD applies to The Boeing Company Model 737–300, –400, and –500 series airplanes, certificated in any category; as identified in Boeing Service Bulletin 737– 53A1293, Revision 2, dated August 10, 2011. (d) Subject Joint Aircraft System Component (JASC)/ Air Transport Association (ATA) of America Code 53, Fuselage. (e) Unsafe Condition This AD was prompted by reports of additional crack findings of the fuselage skin at the chem-mill steps. We are issuing this AD to detect and correct fatigue cracking of the fuselage skin panels at the chem-mill steps, which could result in sudden fracture and failure of the fuselage skin panels, and consequent rapid decompression of the airplane. srobinson on DSK4SPTVN1PROD with RULES (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Repetitive Inspections At the applicable times specified in paragraph 1.E., ‘‘Compliance,’’ of Boeing Service Bulletin 737–53A1293, Revision 2, dated August 10, 2011, except as provided by paragraphs (j)(1) and (j)(2) of this AD: Do both a detailed inspection and a nondestructive inspection (NDI) (medium frequency eddy current, magneto optical imaging, C-scan, or ultrasonic phased array) to detect cracks in the fuselage skin along the chem-mill steps at stringers S–1 and S–2R, between station (STA) 400 and STA 460, in VerDate Mar<15>2010 16:18 Jun 15, 2012 Jkt 226001 (1) If any crack is found during any inspection required by paragraph (g) of this AD, before further flight, repair in accordance with the Accomplishment Instructions of Boeing Service Bulletin 737–53A1293, Revision 2, dated August 10, 2011; except as provided by paragraph (h)(2) of this AD. Installation of a repair that meets the conditions specified in paragraph 1.E., ‘‘Compliance,’’ of Boeing Service Bulletin 737–53A1293, Revision 2, dated August 10, 2011, terminates the repetitive inspections required by paragraph (g) of this AD for the repaired area only. (2) If any crack is found during any inspection required by paragraph (g) of this AD and Boeing Service Bulletin 737– 53A1293, Revision 2, dated August 10, 2011, specifies to contact Boeing for repair: Before further flight, repair using a method approved in accordance with the procedures specified in paragraph (l) of this AD. (i) Optional Modification Accomplishing a modification of the chemmilled steps at any location identified in Boeing Service Bulletin 737–53A1293, Revision 2, dated August 10, 2011, using a method approved in accordance with the procedures specified in paragraph (l)(1) of this AD, terminates the repetitive inspections required by paragraph (g) of this AD for the modified area only. (j) Exceptions to Service Bulletin (1) Where Boeing Service Bulletin 737– 53A1293, Revision 2, dated August 10, 2011, specifies a compliance time relative to the date of Boeing Alert Service Bulletin 737– 53A1293, Revision 1, dated July 7, 2010, this AD requires compliance within the specified compliance time after the effective date of this AD. (2) Where the Condition column of paragraph 1.E., ‘‘Compliance,’’ of Boeing Service Bulletin 737–53A1293, Revision 2, dated August 10, 2011, specifies a condition based on whether an airplane has or has not been inspected, this AD bases the condition on whether an airplane has or has not been inspected as of the effective date of this AD. (3) The post-repair inspection specified in Tables 4 and 6 of paragraph 1.E., ‘‘Compliance,’’ of Boeing Service Bulletin 737–53A1293, Revision 2, August 10, 2011, is not required by this AD. Note 1 to paragraph (j)(3) of this AD: The damage tolerance inspections specified in Tables 4 and 6 of paragraph 1.E., ‘‘Compliance,’’ of Boeing Service Bulletin 737–53A1293, Revision 2, August 10, 2011, may be used in support of compliance with section 121.1109(c)(2) or 129.109(c)(2) of the Federal Aviation Regulations (14 CFR 121.1109(c)(2) or 14 CFR 129.109(c)(2)). PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 (k) Credit for Previous Actions This paragraph provides credit for the actions required by paragraphs (g), (h), and (i) of this AD, if those actions were performed before the effective date of this AD using Boeing Alert Service Bulletin 737–53A1293, Revision 1, dated July 7, 2010. (l) Alternative Methods of Compliance (AMOCs) (1) The Manager, Seattle ACO, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the ACO, send it to the attention of the person identified in the Related Information section of this AD. Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. (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 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. (4) AMOCs approved for AD 2008–19–03, Amendment 39–15670 (73 FR 56958, October 1, 2008), are approved as AMOCs for the corresponding requirements in this AD. (m) Related Information For more information about this AD, contact Wayne Lockett, Aerospace Engineer, Airframe Branch, ANM–120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, Washington 98057– 3356; phone: 425–917–6447; fax: 425–917– 6590; email: wayne.lockett@faa.gov. (n) Material Incorporated by Reference (1) You must use the following service information to do the actions required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference (IBR) of the following service information under 5 U.S.C. 552(a) and 1 CFR part 51: (i) Boeing Service Bulletin 737–53A1293, Revision 2, dated August 10, 2011. (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; Internet https:// www.myboeingfleet.com. (3) 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. (4) You may also review copies of the service information that is incorporated by E:\FR\FM\18JNR1.SGM 18JNR1 Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Rules and Regulations 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/ cfr/ibr_locations.html. Issued in Renton, Washington, on May 31, 2012. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2012–14377 Filed 6–15–12; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2012–0600; Directorate Identifier 2012–SW–017–AD; Amendment 39–17076; AD 2012–11–12] RIN 2120–AA64 Airworthiness Directives; AGUSTA S.p.A. Helicopters Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. AGENCY: We are adopting a new airworthiness directive (AD) for Agusta S.p.A. (Agusta) Model AW139 helicopters to determine if the hardware that attaches the upper end of collective control rod C2 to torque tube C3 is properly installed. This AD is prompted by the discovery of an incorrectlyattached collective control rod. These actions are intended to prevent separation of the collective control rod from the torque tube, loss of control of the collective pitch, and subsequent loss of control of the helicopter. DATES: This AD becomes effective July 3, 2012. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of July 3, 2012. We must receive comments on this AD by August 17, 2012. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Docket: Go to https://www.regulations.gov. Follow the online instructions for sending your comments electronically. • Fax: 202–493–2251. • Mail: Send comments to the U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590–0001. srobinson on DSK4SPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:18 Jun 15, 2012 Jkt 226001 • Hand Delivery: Deliver to the ‘‘Mail’’ address between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Examining the AD Docket: You may examine the AD docket on the Internet at https://www.regulations.gov or in person at the Docket Operations Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the economic evaluation, any comments received, and other information. The street address for the Docket Operations Office (telephone 800–647–5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. For service information identified in this AD, contact Agusta Westland, Customer Support & Services, Via Per Tornavento 15, 21019 Somma Lombardo (VA) Italy, ATTN: Giovanni Cecchelli; telephone 39–0331–711133; fax 39 0331 711180; or at https://www.agusta westland.com/technical-bullettins. You may review the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137. FOR FURTHER INFORMATION CONTACT: Sharon Miles, Aviation Safety Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 222 5110; email sharon.y.miles@faa.gov. SUPPLEMENTARY INFORMATION: Comments Invited This AD is a final rule that involves requirements affecting flight safety, and we did not provide you with notice and an opportunity to provide your comments prior to it becoming effective. However, we invite you to participate in this rulemaking by submitting written comments, data, or views. We also invite comments relating to the economic, environmental, energy, or federalism impacts that resulted from adopting this AD. The most helpful comments reference a specific portion of the AD, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should send only one copy of written comments, or if comments are filed electronically, commenters should submit them only one time. We will file in the docket all comments that we receive, as well as a report summarizing each substantive public contact with FAA personnel concerning this rulemaking during the comment period. We will consider all the comments we PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 36137 receive and may conduct additional rulemaking based on those comments. Discussion The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD No. 2011– 0226–E, dated December 2, 2011 (EASA AD 2011–0226–E), to correct an unsafe condition for the Agusta AW139 helicopters. EASA advises that an occurrence of incorrect installation of a collective control rod has been reported. This improper installation was identified on an in-service helicopter during the first annual inspection. The subsequent investigation by the manufacturer led it to conclude that this discrepancy could affect other helicopters because the production quality control procedures did not require recording the applied torque on the bolt attaching the collective control rod to the torque tube. To address this unsafe condition, AgustaWestland issued Bollettino Tecnico (BT) No. 139– 275, dated December 1, 2011, (BT 139– 275) and EASA issued AD 2011–0226– E to require an inspection of the attaching point of the flight control rod to the torque tube and if improperly installed, reinstalling the parts. This condition, if not detected and corrected, could lead to in-flight separation of the collective control rod from the torque tube, loss of control of the collective pitch, and subsequent loss of control of the helicopter. FAA’s Determination These helicopters have been approved by the aviation authority of Italy and are approved for operation in the United States. Pursuant to our bilateral agreement with Italy, the EASA, its technical representative, has notified us of the unsafe condition described in the EASA AD. We are issuing this AD because we evaluated all information provided by the EASA and determined the unsafe condition is likely to exist or develop on other helicopters of the same type design. Related Service Information We reviewed BT 139–275, which contains procedures to inspect for the proper installation of control rod C2 in the roof area and to ensure that the attaching hardware that connects the control rod to the torque tube is properly installed. AD Requirements This AD requires: • Within 5 hours time-in-service or 7 days, whichever occurs earlier, visually inspecting the connection between E:\FR\FM\18JNR1.SGM 18JNR1

Agencies

[Federal Register Volume 77, Number 117 (Monday, June 18, 2012)]
[Rules and Regulations]
[Pages 36134-36137]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14377]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1254; Directorate Identifier 2010-NM-178-AD; 
Amendment 39-17083; AD 2012-12-04]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are superseding an existing airworthiness directive (AD) 
for certain The Boeing Company Model 737-300, -400, and -500 series 
airplanes. That AD currently requires repetitive external detailed 
inspections or non-destructive inspections to detect cracks in the 
fuselage skin along the chem-mill steps at stringers S-1 and S-2R, 
between station (STA) 400 and STA 460, and repair if necessary. This 
new AD adds inspections for cracking in additional fuselage skin 
locations, and repair if necessary. This new AD also reduces the 
inspection thresholds and repetitive intervals for certain airplanes. 
This AD was prompted by reports of additional crack findings of the 
fuselage skin at the chem-mill steps. We are issuing this AD to detect 
and correct fatigue cracking of the fuselage skin panels at the chem-
mill steps, which could result in sudden fracture and failure of the 
fuselage skin panels, and consequent rapid decompression of the 
airplane.

DATES: This AD is effective July 23, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of July 23, 
2012.

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; 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 AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (phone: 800-647-5527) is 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; phone: 425-917-
6447; fax: 425-917-6590; email: wayne.lockett@faa.gov.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to supersede AD 2008-19-03, Amendment 39-15670 (73 FR 56958, 
October 1, 2008). That AD applies to the specified products. The NPRM 
published in the Federal Register on November 28, 2011 (76 FR 72853). 
That NPRM proposed to continue to require repetitive external detailed 
inspections or non-destructive inspections to detect cracks in the 
fuselage skin along the chem-mill steps at stringers S-1 and S-2R, 
between station (STA) 400 and STA 460, and repair if necessary. That 
NPRM also proposed to add inspections for cracking in additional 
fuselage skin locations, and repair if necessary. That NPRM also 
proposed to reduce the inspection thresholds and repetitive intervals 
for certain airplanes.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
(76 FR 72853, November 28, 2011) and the FAA's response to each 
comment.

Support for the NPRM (76 FR 72853, November 28, 2011)

    The National Transportation Board supports the NPRM (76 FR 72853, 
November 28, 2011).

Request To Revise Paragraph (j) of the NPRM (76 FR 72853, November 28, 
2011)

    Boeing asked that we include Boeing Alert Service Bulletin 737-
53A1293, Revision 1, dated July 7, 2010, in the exception to the 
service bulletin

[[Page 36135]]

specified in paragraph (j) of the NPRM (76 FR 72853, November 28, 
2011). (Paragraph (j) of the NPRM is identified as paragraph (j)(1) in 
this final rule.) Boeing stated that the compliance times in paragraph 
1.E. ``Compliance'' of Boeing Service Bulletin 737-53A1293, Revision 2, 
dated August 10, 2011, are based on the release date of Boeing Alert 
Service Bulletin 737-53A1293, Revision 1, dated July 7, 2010. Boeing 
added that paragraph (j) of the NPRM should be changed to reference 
Boeing Alert Service Bulletin 737-53A1293, Revision 1, dated July 7, 
2010.
    We agree with the commenter's request for the reason provided. We 
have changed paragraph (j)(1) of this AD accordingly.

Request To Clarify the Language in Paragraph (k) of the NPRM (76 FR 
72853, November 28, 2011)

    Boeing asked that the language specified in paragraph (k) of the 
NPRM (76 FR 72853, November 28, 2011) be clarified. (Paragraph (k) of 
the NPRM is identified as paragraph (j)(2) in this final rule.) Boeing 
stated that the intent of paragraph (k) of the NPRM is ``to specify an 
exception to the compliance time for accomplishing the next service 
bulletin inspection, being the effective date of the AD, for the 
condition addressed by the paragraph.'' Boeing added that the language 
does not clearly describe that it is an exception to the compliance 
time; rather, it could be interpreted as an exception to the condition.
    We agree to provide clarification. Paragraph (j)(2) of this AD is 
an exception to the conditions, and is provided to establish a date 
from which to determine if an inspection has been previously 
accomplished. Therefore, we have made no change to the AD in this 
regard.

Change to Final Rule

    This final rule has been changed to include an optional 
modification of the chem-milled steps at any location identified in 
Boeing Service Bulletin 737-53A1293, Revision 2, dated August 10, 2011, 
which would eliminate the need for the repetitive inspections required 
by paragraph (g) of this AD. We have determined that we can better 
ensure long-term continued operational safety by including this 
modification. Therefore, we have added a new paragraph (i) to this AD 
to include this modification, and reidentified subsequent paragraphs 
accordingly. In addition, we have indicated in the Costs of Compliance 
section of this AD that we do not have data regarding the cost of the 
optional terminating action.

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--and minor editorial 
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (76 FR 72853, November 28, 2011) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (76 FR 72853, November 28, 2011).

Interim Action

    We consider this AD interim action. If final action is identified 
later, we might consider further rulemaking then.

Costs of Compliance

    We estimate that this AD affects 596 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost    Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspections (required actions in   5 work-hours x $85            N/A  $425 per inspection   $253,300 per
 AD 2008-19-03, Amendment 39-       per hour = $425 per                cycle.                inspection cycle.
 15670 (73 FR 56958, October 1,     inspection cycle.
 2008).
New inspections..................  Between 7 and 15              N/A  Between $595 and      Between $354,620 and
                                    work-hours,                        $1,275 per            $759,900 per
                                    depending on                       inspection cycle.     inspection cycle.
                                    airplane
                                    configuration =
                                    between $595 and
                                    $1,275 per
                                    inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
a cost estimate for the on-condition actions or the optional 
terminating action specified in this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD will not have a 
substantial direct effect on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

[[Page 36136]]

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

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD) 
2008-19-03, Amendment 39-15670 (73 FR 56958, October 1, 2008), and 
adding the following new AD:

2012-12-04 The Boeing Company: Amendment 39-17083; Docket No. FAA-
2011-1254; Directorate Identifier 2010-NM-178-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective July 23, 2012.

(b) Affected ADs

    This AD supersedes AD 2008-19-03, Amendment 39-15670 (73 FR 
56958, October 1, 2008).

(c) Applicability

    This AD applies to The Boeing Company Model 737-300, -400, and -
500 series airplanes, certificated in any category; as identified in 
Boeing Service Bulletin 737-53A1293, Revision 2, dated August 10, 
2011.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by reports of additional crack findings of 
the fuselage skin at the chem-mill steps. We are issuing this AD to 
detect and correct fatigue cracking of the fuselage skin panels at 
the chem-mill steps, which could result in sudden fracture and 
failure of the fuselage skin panels, and consequent rapid 
decompression of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Repetitive Inspections

    At the applicable times specified in paragraph 1.E., 
``Compliance,'' of Boeing Service Bulletin 737-53A1293, Revision 2, 
dated August 10, 2011, except as provided by paragraphs (j)(1) and 
(j)(2) of this AD: Do both a detailed inspection and a 
nondestructive inspection (NDI) (medium frequency eddy current, 
magneto optical imaging, C-scan, or ultrasonic phased array) to 
detect cracks in the fuselage skin along the chem-mill steps at 
stringers S-1 and S-2R, between station (STA) 400 and STA 460, in 
accordance with the Accomplishment Instructions of Boeing Service 
Bulletin 737-53A1293, Revision 2, dated August 10, 2011. Repeat the 
applicable inspections thereafter at intervals not to exceed those 
specified in paragraph 1.E., ``Compliance,'' of Boeing Service 
Bulletin 737-53A1293, Revision 2, dated August 10, 2011.

(h) Repair

    (1) If any crack is found during any inspection required by 
paragraph (g) of this AD, before further flight, repair in 
accordance with the Accomplishment Instructions of Boeing Service 
Bulletin 737-53A1293, Revision 2, dated August 10, 2011; except as 
provided by paragraph (h)(2) of this AD. Installation of a repair 
that meets the conditions specified in paragraph 1.E., 
``Compliance,'' of Boeing Service Bulletin 737-53A1293, Revision 2, 
dated August 10, 2011, terminates the repetitive inspections 
required by paragraph (g) of this AD for the repaired area only.
    (2) If any crack is found during any inspection required by 
paragraph (g) of this AD and Boeing Service Bulletin 737-53A1293, 
Revision 2, dated August 10, 2011, specifies to contact Boeing for 
repair: Before further flight, repair using a method approved in 
accordance with the procedures specified in paragraph (l) of this 
AD.

(i) Optional Modification

    Accomplishing a modification of the chem-milled steps at any 
location identified in Boeing Service Bulletin 737-53A1293, Revision 
2, dated August 10, 2011, using a method approved in accordance with 
the procedures specified in paragraph (l)(1) of this AD, terminates 
the repetitive inspections required by paragraph (g) of this AD for 
the modified area only.

(j) Exceptions to Service Bulletin

    (1) Where Boeing Service Bulletin 737-53A1293, Revision 2, dated 
August 10, 2011, specifies a compliance time relative to the date of 
Boeing Alert Service Bulletin 737-53A1293, Revision 1, dated July 7, 
2010, this AD requires compliance within the specified compliance 
time after the effective date of this AD.
    (2) Where the Condition column of paragraph 1.E., 
``Compliance,'' of Boeing Service Bulletin 737-53A1293, Revision 2, 
dated August 10, 2011, specifies a condition based on whether an 
airplane has or has not been inspected, this AD bases the condition 
on whether an airplane has or has not been inspected as of the 
effective date of this AD.
    (3) The post-repair inspection specified in Tables 4 and 6 of 
paragraph 1.E., ``Compliance,'' of Boeing Service Bulletin 737-
53A1293, Revision 2, August 10, 2011, is not required by this AD.

    Note 1 to paragraph (j)(3) of this AD: The damage tolerance 
inspections specified in Tables 4 and 6 of paragraph 1.E., 
``Compliance,'' of Boeing Service Bulletin 737-53A1293, Revision 2, 
August 10, 2011, may be used in support of compliance with section 
121.1109(c)(2) or 129.109(c)(2) of the Federal Aviation Regulations 
(14 CFR 121.1109(c)(2) or 14 CFR 129.109(c)(2)).

(k) Credit for Previous Actions

    This paragraph provides credit for the actions required by 
paragraphs (g), (h), and (i) of this AD, if those actions were 
performed before the effective date of this AD using Boeing Alert 
Service Bulletin 737-53A1293, Revision 1, dated July 7, 2010.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. In accordance with 14 CFR 39.19, send your request to your 
principal inspector or local Flight Standards District Office, as 
appropriate. If sending information directly to the manager of the 
ACO, send it to the attention of the person identified in the 
Related Information section of this AD. Information may be emailed 
to: 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (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 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.
    (4) AMOCs approved for AD 2008-19-03, Amendment 39-15670 (73 FR 
56958, October 1, 2008), are approved as AMOCs for the corresponding 
requirements in this AD.

(m) Related Information

    For more information about this AD, contact Wayne Lockett, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue SW., Renton, Washington 
98057-3356; phone: 425-917-6447; fax: 425-917-6590; email: 
wayne.lockett@faa.gov.

(n) Material Incorporated by Reference

    (1) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise. The 
Director of the Federal Register approved the incorporation by 
reference (IBR) of the following service information under 5 U.S.C. 
552(a) and 1 CFR part 51:
    (i) Boeing Service Bulletin 737-53A1293, Revision 2, dated 
August 10, 2011.
    (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; Internet https://www.myboeingfleet.com.
    (3) 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.
    (4) You may also review copies of the service information that 
is incorporated by

[[Page 36137]]

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/cfr/ibr_locations.html.

    Issued in Renton, Washington, on May 31, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-14377 Filed 6-15-12; 8:45 am]
BILLING CODE 4910-13-P
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