Airworthiness Directives; The Boeing Company Airplanes, 11972-11975 [2013-03901]

Download as PDF 11972 Federal Register / Vol. 78, No. 35 / Thursday, February 21, 2013 / Rules and Regulations PART 271—GENERAL INFORMATION AND DEFINITIONS 2. In part 271: a. Except in § 271.5, remove the words ‘‘the Food Stamp Program’’, ‘‘the food stamp program’’, The Food Stamp Program’’, or ‘‘FSP’’ wherever they appear and add, in their place, the word ‘‘SNAP’’; ■ b. Remove the words ‘‘a food stamp program’’ or ‘‘a Food Stamp Program’’ wherever they appear and add, in their place, the words ‘‘a supplemental nutrition assistance program’’; ■ c. Remove the words ‘‘Food Stamp Act of 1977’’ and add in their place the words ‘‘Food and Nutrition Act of 2008’’ wherever they appear, except in the definition of ‘‘Food Stamp Act’’ in § 271.2; ■ d. Remove the words ‘‘Food Stamp Act’’ and add in their place the words ‘‘Food and Nutrition Act of 2008’’ wherever they appear, except in the definition of ‘‘Food Stamp Act’’ in § 271.2; ■ e. Remove the words ‘‘food stamps’’ wherever they appear and add, in their place, the words ‘‘SNAP benefits’’; ■ f. Remove the words ‘‘food stamp’’ wherever they appear and add, in their place, the word ‘‘SNAP’’; ■ 3. In § 271.2, the definition of Trafficking is revised to read as follows: ■ ■ § 271.2 erowe on DSK2VPTVN1PROD with RULES * * * * * Trafficking means: (1) The buying, selling, stealing, or otherwise effecting an exchange of SNAP benefits issued and accessed via Electronic Benefit Transfer (EBT) cards, card numbers and personal identification numbers (PINs), or by manual voucher and signature, for cash or consideration other than eligible food, either directly, indirectly, in complicity or collusion with others, or acting alone; (2) The exchange of firearms, ammunition, explosives, or controlled substances, as defined in section 802 of title 21, United States Code, for SNAP benefits; (3) Purchasing a product with SNAP benefits that has a container requiring a return deposit with the intent of obtaining cash by discarding the product and returning the container for the deposit amount, intentionally discarding the product, and intentionally returning the container for the deposit amount; (4) Purchasing a product with SNAP benefits with the intent of obtaining cash or consideration other than eligible food by reselling the product, and subsequently intentionally reselling the 14:43 Feb 20, 2013 PART 273—CERTIFICATION OF ELIGIBLE HOUSEHOLDS Jkt 229001 b. Remove the words ‘‘Food Stamp Act of 1977’’ wherever they appear and add, in their place, the words ‘‘Food and Nutrition Act of 2008’’; ■ c. Remove the words ‘‘1977 Food Stamp Act’’ wherever they appear and add, in their place, the words ‘‘Food and Nutrition Act of 2008’’; ■ 8. In § 281.1(c) remove the regulatory reference ‘‘§ 283.7(e)’’ and add, in its place, the regulatory reference ‘‘§ 253.7(e)’’. ■ Dated: February 4, 2013. Audrey Rowe, Administrator, Food and Nutrition Service. [FR Doc. 2013–04044 Filed 2–20–13; 8:45 am] 5. In § 273.11: a. Remove the words ‘‘the Food Stamp Program’’ or ‘‘the food stamp program’’ wherever they appear and add, in their place, the word ‘‘SNAP’’; ■ b. Remove the words ‘‘food stamps’’ wherever they appear and add, in their place, the words ‘‘SNAP benefits’’; ■ c. Remove the words ‘‘food stamp’’ wherever they appear and add, in their place, the word ‘‘SNAP’’; ■ d. Add two new sentences at the end of paragraph (k) introductory text. ■ e. Add a new sentence to the end of paragraph (k)(6). The additions read as follows: BILLING CODE 3410–30–P § 273.11 Action on households with special circumstances. AGENCY: ■ ■ * Definitions. VerDate Mar<15>2010 product purchased with SNAP benefits in exchange for cash or consideration other than eligible food; or (5) Intentionally purchasing products originally purchased with SNAP benefits in exchange for cash or consideration other than eligible food. * * * * * ■ 4. In § 271.5, remove the words ‘‘the food Stamp program’’ wherever they appear and add, in their place, the words ‘‘the supplemental nutrition assistance program’’; * * * * (k) * * * In the case of disqualification from the Food Distribution Program on Indian Reservations (FDPIR) for an intentional program violation as described under § 253.8 of this chapter, the State agency shall impose the same disqualification on the member of the household under SNAP. The State agency must, in cooperation with the appropriate FDPIR agency, develop a procedure that ensures that these household members are identified. * * * * * (6) * * * In instances where the disqualification is a reciprocal action based on disqualification from the Food Distribution Program on Indian Reservations, the length of disqualification shall mirror the period prescribed by the Food Distribution Program on Indian Reservations. * * * * * PART 281—ADMINISTRATION OF SNAP ON INDIAN RESERVATIONS 6. Revise the heading of part 281 to read as set forth above. ■ 7. In part 281: ■ a. Remove the words ‘‘the Food Stamp Program’’ wherever they appear and add, in their place, the word ‘‘SNAP’’; ■ PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2010–0036; Directorate Identifier 2009–NM–077–AD; Amendment 39–17362; AD 2013–04–05] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737–200, –200C, –300, –400, and –500 series airplanes. This AD was prompted by reports of cracks in 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. This AD requires inspecting for cracking and corrosion under the number 3 VHF antenna, and corrective actions if necessary; and, for certain airplanes, replacing bonded skin panels with solid skin panels if not previously accomplished. This AD also provides an optional preventive modification (which would terminate the inspection requirements for certain airplanes). We are 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. DATES: This AD is effective March 28, 2013. The Director of the Federal Register approved the incorporation by reference SUMMARY: E:\FR\FM\21FER1.SGM 21FER1 Federal Register / Vol. 78, No. 35 / Thursday, February 21, 2013 / Rules and Regulations of certain publications listed in the AD as of March 28, 2013. For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, Seattle, WA 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. ADDRESSES: 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: erowe on DSK2VPTVN1PROD with RULES Discussion We issued a supplemental notice of proposed rulemaking (SNPRM) to amend 14 CFR part 39 to include an airworthiness directive (AD) that would apply to the specified products. That SNPRM published in the Federal Register on March 16, 2012 (77 FR 15640). The original NPRM (75 FR 19564, April 15, 2010) proposed to require inspections for cracking and corrosion under the number 3 VHF antenna, and corrective actions if necessary; and, for certain airplanes, replacing bonded skin panels with solid skin panels if not previously accomplished. The SNPRM proposed to add an optional preventive modification, which would terminate the inspection requirements for certain airplanes; change certain repairs; and add inspections. VerDate Mar<15>2010 14:43 Feb 20, 2013 Jkt 229001 Comments We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the SNPRM (77 FR 15640, March 16, 2012) and the FAA’s response to each comment. Support for the SNPRM (77 FR 15640, March 16, 2012) The Boeing Company supports the SNPRM (77 FR 15640, March 16, 2012). Request To Clarify Required Actions United Airlines requested that we revise paragraph (g) of the SNPRM (77 FR 15640, March 16, 2012) to more clearly indicate what actions are mandated. United Airlines explained that paragraph 1.E., ‘‘Compliance,’’ of Boeing Special Attention Service Bulletin 737–53–1287, Revision 1, dated November 15, 2010, provides information in a tabular format that can be easily misinterpreted, and that for the initial inspection, the reader can potentially use two of the initial inspection options without knowing that the third inspection is also required. As an example, United Airlines explained that in table 1 of paragraph 1.E., ‘‘Compliance,’’ of Boeing Special Attention Service Bulletin 737– 53–1287, Revision 1, dated November 15, 2010, the first action is to perform external visual inspections, but that action also directs operators to paragraph 3.B.3.a., which requires external detailed and external high frequency eddy current (HFEC) inspections. We agree to clarify. We have eliminated unnecessary repeated phrasing (e.g., external detailed, HFEC) from paragraph (g) of this final rule to indicate those actions that are mandated. The second row, first column of table 1 of paragraph 1.E., ‘‘Compliance,’’ of Boeing Special Attention Service Bulletin 737–53–1287, Revision 1, dated November 15, 2010, identifies that the action specified in the second, third, and fourth row, second column, is to be done on all airplanes, and are not optional. All airplanes listed in the Applicability section of this AD are required to have those actions completed. Also, the reference to the Work Instructions paragraphs (e.g., 3.B.3.a., 3.B.5.a.) direct operators where to find those specific actions in the Accomplishment Instructions of the service bulletin. Request To Delete Requirement Southwest Airlines requested that we remove paragraph (h)(2) from the PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 11973 supplemental NPRM (77 FR 15640, March 16, 2012). That paragraph proposed to require that operators comply with section 121.1109(c)(2) or section 129.109(c)(2) of the Federal Aviation Regulations (14 CFR 121.1109(c)(2) or 14 CFR 129.109(c)(2)) and obtain an approved damage tolerance evaluation for any repair installed. Southwest Airlines considered that paragraph (h)(2) of the supplemental NPRM contradicts the following statement in the preamble of the supplemental NPRM: Table 10 in paragraph 1.E., ‘‘Compliance,’’ of Boeing Special Attention Service Bulletin 737–53–1287, Revision 1, dated November 15, 2010; and Part 8 of the Accomplishment Instructions of Boeing Special Attention Service Bulletin 737–53–1287, Revision 1, dated November 15, 2010; specify postrepair/modification inspections at the number 3 VHF antenna location, which 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 129.109(c)(2)), but this supplemental NPRM does not propose to require those post-repair/modification inspections. Southwest Airlines reasoned that the requirement to have a damage tolerance assessment is already mandated by 14 CFR 121.1109, and it is not necessary to require this in the supplemental NPRM. We agree with the commenter’s request. We have added new paragraph (i) to this final rule and deleted paragraph (h)(2) of the supplemental NPRM (77 FR 15640, March 16, 2012)) to clarify that the post-repair/ modification inspections are not required by this AD. We also removed the reference to Table 10 of paragraph 1.E., Compliance, of Boeing Special Attention Service Bulletin 737–53– 1287, Revision 1, dated November 15, 2010, and clarified that Part 8 of the Accomplishment Instructions of Boeing Special Attention Service Bulletin 737– 53–1287, Revision 1, dated November 15, 2010, is the appropriate reference for the damage tolerance inspections. We have also changed 129.109(c)(2) to 129.109(b)(2) in Note 1 to paragraph (i) of this final rule. 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 supplemental NPRM (77 FR 15640, March 16, 2012) for correcting the unsafe condition; and E:\FR\FM\21FER1.SGM 21FER1 11974 Federal Register / Vol. 78, No. 35 / Thursday, February 21, 2013 / Rules and Regulations • Do not add any additional burden upon the public than was already proposed in the supplemental NPRM (77 FR 15640, March 16, 2012). We also determined that these changes will not increase the economic burden on any operator or increase the scope of the AD. Costs of Compliance We estimate that this AD affects 629 airplanes of U.S. registry. We estimate the following costs to comply with this AD: ESTIMATED COSTS Number of U.S.-registered airplanes Action Labor cost Parts cost Cost per product Inspection ................ Up to 13 work-hours × $85 per hour = Up to $1,105 per inspection cycle. 2,112 work-hours × $85 per hour = $179,520. None ........... Up to $1,105 per inspection cycle. 629 Up to $695,045 per inspection cycle. $35,000 ....... $214,520 ................. 387 $83,019,240. Concurrent replacement for Group 2 and Group 7 airplanes 1. Cost on U.S. operators 1 The concurrent modification for Group 2 and Group 7 airplanes required by this AD is already required by AD 90–06–02, Amendment 39– 6489 (55 FR 8372, March 7, 1990). AD 90–06–02 mandated the skin replacement within 20 years of the manufacture date of the airplane. All Group 2 and Group 7 airplanes have exceeded the 20-year threshold. We have received no definitive data that would enable us to provide a cost estimate for the on-condition actions 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. (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. (c) Applicability 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, Revision 1, dated November 15, 2010. List of Subjects in 14 CFR Part 39 (e) Unsafe Condition This AD was prompted by 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. We are 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. Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. erowe on DSK2VPTVN1PROD with RULES Regulatory Findings § 39.13 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, ■ VerDate Mar<15>2010 14:43 Feb 20, 2013 Jkt 229001 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2013–04–05 The Boeing Company: Amendment 39–17362; Docket No. FAA–2010–0036; Directorate Identifier 2009–NM–077–AD. (a) Effective Date This AD is effective March 28, 2013. (b) Affected ADs AD 90–06–02, Amendment 39–6489 (55 FR 8372, March 7, 1990), affects this AD. PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 (d) Subject Joint Aircraft System Component (JASC)/ Air Transport Association (ATA) of America Code 53: Fuselage. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Inspections Except as required by paragraph (j)(1) of this AD, at the applicable times specified in tables 1 through 9 of paragraph 1.E., ‘‘Compliance,’’ of Boeing Special Attention Service Bulletin 737–53–1287, Revision 1, dated November 15, 2010: Do the applicable inspections (external detailed; external high frequency eddy current (HFEC); and internal detailed and HFEC) for cracks and corrosion in the skin, support, frames, stringers, or antenna, as applicable. Do the inspections in accordance with Parts 1, 3, 4, and 5 of the Accomplishment Instructions of Boeing Special Attention Service Bulletin 737–53– 1287, Revision 1, dated November 15, 2010, except as required by paragraphs (j)(2) and (j)(3) of this AD. Repeat the applicable E:\FR\FM\21FER1.SGM 21FER1 Federal Register / Vol. 78, No. 35 / Thursday, February 21, 2013 / Rules and Regulations inspections thereafter at the applicable times specified in tables 1 through 9 of paragraph 1.E., ‘‘Compliance,’’ of Boeing Special Attention Service Bulletin 737–53–1287, Revision 1, dated November 15, 2010, until the actions specified in paragraph (k) of this AD are done. (h) Repair If any crack or corrosion is found during any inspection required by paragraph (g) of this AD: Repair before further flight, in accordance with the Accomplishment Instructions of Boeing Special Attention Service Bulletin 737–53–1287, Revision 1, dated November 15, 2010, except as required by paragraphs (j)(2) and (j)(3) of this AD. Repair of any crack or corrosion terminates the repetitive inspection requirements of paragraph (g) of this AD for the repaired area only. erowe on DSK2VPTVN1PROD with RULES (i) No Post Repair/Modification Inspections The post-repair/modification inspections specified in Part 8 of the Accomplishment Instructions of Boeing Special Attention Service Bulletin 737–53–1287, Revision 1, dated November 15, 2010, are not required by this AD. Note 1 to paragraph (i) of this AD: The damage tolerance inspections specified in Part 8 of the Accomplishment Instructions of Boeing Special Attention Service Bulletin 737–53–1287, Revision 1, dated November 15, 2010, may be used in support of compliance with section 121.1109(c)(2) or 129.109(b)(2) of the Federal Aviation Regulations (14 CFR 121.1109(c)(2) or 14 CFR 129.109(b)(2)). The actions specified in Part 8 of the Accomplishment Instructions and corresponding figures of Boeing Special Attention Service Bulletin 737–53–1287, Revision 1, dated November 15, 2010, are not required by this AD. (j) Exceptions (1) Where Boeing Special Attention Service Bulletin 737–53–1287, Revision 1, dated November 15, 2010, specifies a compliance time ‘‘after the original issue date of this service bulletin,’’ this AD requires compliance within the specified compliance time after the effective date of this AD. (2) Where Boeing Special Attention Service Bulletin 737–53–1287, Revision 1, dated November 15, 2010, specifies contacting Boeing for inspection or repair instructions: Do the applicable action using a method approved in accordance with the procedures specified in paragraph (n) of this AD. (3) For Group 7 airplanes, as identified in paragraph 1.A., ‘‘Effectivity,’’ of Boeing Special Attention Service Bulletin 737–53– 1287, Revision 1, dated November 15, 2010: Use the applicable instructions for Group 2, Configuration 1, 2, or 3 airplanes, as identified in Boeing Special Attention Service Bulletin 737–53–1287, Revision 1, dated November 15, 2010. (k) Optional Terminating Action For Groups 1, 2, 3, 4, 6, and 7 airplanes, as identified in Boeing Special Attention Service Bulletin 737–53–1287, Revision 1, dated November 15, 2010: Except as provided by paragraphs (j)(2) and (j)(3) of this VerDate Mar<15>2010 14:43 Feb 20, 2013 Jkt 229001 AD, accomplishment of the preventive modification, including all applicable HFEC and detailed inspections for cracking or corrosion inside or outside the repair skin cutout area, in the frame fastener holes, or in the support channel; and all applicable repairs or replacements; as specified in the Accomplishment Instructions of Boeing Special Attention Service Bulletin 737–53– 1287, Revision 1, dated November 15, 2010, terminates the repetitive inspection requirements of paragraph (g) of this AD. (l) Concurrent Skin Panel Replacement For Groups 2 and 7 airplanes, as identified in Boeing Special Attention Service Bulletin 737–53–1287, Revision 1, dated November 15, 2010: Before or concurrently with accomplishing the requirements of paragraph (g) of this AD, do the replacement of 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, except as required by paragraph (j)(3) of this AD. The actions specified in paragraph (l) of this AD are also required by AD 90–06–02, Amendment 39–6489 (55 FR 8372, March 7, 1990). (m) Credit for Previous Actions (1) This paragraph provides credit for the replacement required by paragraph (l) of this AD, if the replacement of bonded skin panels with solid skin panels was performed before the effective date of this AD using the service information identified in paragraphs (m)(1)(i), (m)(1)(ii), (m)(1)(iii), and (m)(1)(iv) of this AD. (i) Boeing Service Bulletin 737–53A1042, Revision 5, dated October 5, 1984. (ii) Boeing Service Bulletin 737–53A1042, Revision 6, dated August 10, 1989. (iii) Boeing Service Bulletin 737–53A1042, Revision 7, dated October 19, 1989. (iv) Boeing Service Bulletin 737–53A1042, Revision 8, dated July 19, 1990. (2) This paragraph provides credit for the inspections required by paragraph (g) of this AD, if the inspections were performed before the effective date of this AD using Boeing Special Attention Service Bulletin 737–53– 1287, dated March 11, 2009. (n) Alternative Methods of Compliance (AMOCs) (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. 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 Principal Maintenance Inspector or Principal Avionics Inspector, as appropriate, or lacking a principal inspector, your local Flight Standards 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 PO 00000 Frm 00009 Fmt 4700 Sfmt 9990 11975 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. (o) Related Information (1) For more information about this AD, contact Wayne Lockett, Aerospace Engineer, Airframe Branch, ANM–120S, FAA, Seattle ACO, 1601 Lind Avenue SW., Renton, Washington 98057–3356; phone: 425–917– 6447; fax: 425–917–6590; email: wayne.lockett@faa.gov. (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. 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. (p) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) 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. (i) Boeing Special Attention Service Bulletin 737–53–1287, Revision 1, dated November 15, 2010. (ii) Boeing Service Bulletin 737–53A1042, Revision 9, dated July 25, 1991. (3) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, Seattle, WA 98124–2207; telephone 206– 544–5000, extension 1; fax 206–766–5680; Internet https://www.myboeingfleet.com. (4) You may review copies of the service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington. For information on the availability of this material at the FAA, call 425–227–1221. (5) You may also review copies of the service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: https://www.archives.gov/federal-register/ cfr/ibr-locations.html. Issued in Renton, Washington, on February 1, 2013. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2013–03901 Filed 2–20–13; 8:45 am] BILLING CODE 4910–13–P E:\FR\FM\21FER1.SGM 21FER1

Agencies

[Federal Register Volume 78, Number 35 (Thursday, February 21, 2013)]
[Rules and Regulations]
[Pages 11972-11975]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03901]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0036; Directorate Identifier 2009-NM-077-AD; 
Amendment 39-17362; AD 2013-04-05]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
The Boeing Company Model 737-200, -200C, -300, -400, and -500 series 
airplanes. This AD was prompted by reports of cracks in 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. This AD requires 
inspecting for cracking and corrosion under the number 3 VHF antenna, 
and corrective actions if necessary; and, for certain airplanes, 
replacing bonded skin panels with solid skin panels if not previously 
accomplished. This AD also provides an optional preventive modification 
(which would terminate the inspection requirements for certain 
airplanes). We are 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.

DATES: This AD is effective March 28, 2013.
    The Director of the Federal Register approved the incorporation by 
reference

[[Page 11973]]

of certain publications listed in the AD as of March 28, 2013.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 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 supplemental notice of proposed rulemaking (SNPRM) to 
amend 14 CFR part 39 to include an airworthiness directive (AD) that 
would apply to the specified products. That SNPRM published in the 
Federal Register on March 16, 2012 (77 FR 15640). The original NPRM (75 
FR 19564, April 15, 2010) proposed to require inspections for cracking 
and corrosion under the number 3 VHF antenna, and corrective actions if 
necessary; and, for certain airplanes, replacing bonded skin panels 
with solid skin panels if not previously accomplished. The SNPRM 
proposed to add an optional preventive modification, which would 
terminate the inspection requirements for certain airplanes; change 
certain repairs; and add inspections.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the SNPRM (77 
FR 15640, March 16, 2012) and the FAA's response to each comment.

Support for the SNPRM (77 FR 15640, March 16, 2012)

    The Boeing Company supports the SNPRM (77 FR 15640, March 16, 
2012).

Request To Clarify Required Actions

    United Airlines requested that we revise paragraph (g) of the SNPRM 
(77 FR 15640, March 16, 2012) to more clearly indicate what actions are 
mandated. United Airlines explained that paragraph 1.E., 
``Compliance,'' of Boeing Special Attention Service Bulletin 737-53-
1287, Revision 1, dated November 15, 2010, provides information in a 
tabular format that can be easily misinterpreted, and that for the 
initial inspection, the reader can potentially use two of the initial 
inspection options without knowing that the third inspection is also 
required. As an example, United Airlines explained that in table 1 of 
paragraph 1.E., ``Compliance,'' of Boeing Special Attention Service 
Bulletin 737-53-1287, Revision 1, dated November 15, 2010, the first 
action is to perform external visual inspections, but that action also 
directs operators to paragraph 3.B.3.a., which requires external 
detailed and external high frequency eddy current (HFEC) inspections.
    We agree to clarify. We have eliminated unnecessary repeated 
phrasing (e.g., external detailed, HFEC) from paragraph (g) of this 
final rule to indicate those actions that are mandated.
    The second row, first column of table 1 of paragraph 1.E., 
``Compliance,'' of Boeing Special Attention Service Bulletin 737-53-
1287, Revision 1, dated November 15, 2010, identifies that the action 
specified in the second, third, and fourth row, second column, is to be 
done on all airplanes, and are not optional. All airplanes listed in 
the Applicability section of this AD are required to have those actions 
completed.
    Also, the reference to the Work Instructions paragraphs (e.g., 
3.B.3.a., 3.B.5.a.) direct operators where to find those specific 
actions in the Accomplishment Instructions of the service bulletin.

Request To Delete Requirement

    Southwest Airlines requested that we remove paragraph (h)(2) from 
the supplemental NPRM (77 FR 15640, March 16, 2012). That paragraph 
proposed to require that operators comply with section 121.1109(c)(2) 
or section 129.109(c)(2) of the Federal Aviation Regulations (14 CFR 
121.1109(c)(2) or 14 CFR 129.109(c)(2)) and obtain an approved damage 
tolerance evaluation for any repair installed. Southwest Airlines 
considered that paragraph (h)(2) of the supplemental NPRM contradicts 
the following statement in the preamble of the supplemental NPRM:

    Table 10 in paragraph 1.E., ``Compliance,'' of Boeing Special 
Attention Service Bulletin 737-53-1287, Revision 1, dated November 
15, 2010; and Part 8 of the Accomplishment Instructions of Boeing 
Special Attention Service Bulletin 737-53-1287, Revision 1, dated 
November 15, 2010; specify post-repair/modification inspections at 
the number 3 VHF antenna location, which 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 
129.109(c)(2)), but this supplemental NPRM does not propose to 
require those post-repair/modification inspections.

Southwest Airlines reasoned that the requirement to have a damage 
tolerance assessment is already mandated by 14 CFR 121.1109, and it is 
not necessary to require this in the supplemental NPRM.
    We agree with the commenter's request. We have added new paragraph 
(i) to this final rule and deleted paragraph (h)(2) of the supplemental 
NPRM (77 FR 15640, March 16, 2012)) to clarify that the post-repair/
modification inspections are not required by this AD. We also removed 
the reference to Table 10 of paragraph 1.E., Compliance, of Boeing 
Special Attention Service Bulletin 737-53-1287, Revision 1, dated 
November 15, 2010, and clarified that Part 8 of the Accomplishment 
Instructions of Boeing Special Attention Service Bulletin 737-53-1287, 
Revision 1, dated November 15, 2010, is the appropriate reference for 
the damage tolerance inspections. We have also changed 129.109(c)(2) to 
129.109(b)(2) in Note 1 to paragraph (i) of this final rule.

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 
supplemental NPRM (77 FR 15640, March 16, 2012) for correcting the 
unsafe condition; and

[[Page 11974]]

     Do not add any additional burden upon the public than was 
already proposed in the supplemental NPRM (77 FR 15640, March 16, 
2012).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of the AD.

Costs of Compliance

    We estimate that this AD affects 629 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                      Number of U.S.-
            Action                Labor cost         Parts cost     Cost per product    registered                  Cost on U.S. operators
                                                                                         airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection...................  Up to 13 work-    None.............  Up to $1,105 per             629  Up to $695,045 per inspection cycle.
                                hours x $85 per                      inspection
                                hour = Up to                         cycle.
                                $1,105 per
                                inspection
                                cycle.
Concurrent replacement for     2,112 work-hours  $35,000..........  $214,520........             387  $83,019,240.
 Group 2 and Group 7            x $85 per hour
 airplanes [sup1].              = $179,520.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The concurrent modification for Group 2 and Group 7 airplanes required by this AD is already required by AD 90-06-02, Amendment 39-6489 (55 FR 8372,
  March 7, 1990). AD 90-06-02 mandated the skin replacement within 20 years of the manufacture date of the airplane. All Group 2 and Group 7 airplanes
  have exceeded the 20-year threshold.

    We have received no definitive data that would enable us to provide 
a cost estimate for the on-condition actions 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

    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.

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 adding the following new airworthiness 
directive (AD):

2013-04-05 The Boeing Company: Amendment 39-17362; Docket No. FAA-
2010-0036; Directorate Identifier 2009-NM-077-AD.

(a) Effective Date

    This AD is effective March 28, 2013.

(b) Affected ADs

    AD 90-06-02, Amendment 39-6489 (55 FR 8372, March 7, 1990), 
affects this AD.

(c) Applicability

    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, Revision 1, dated November 15, 2010.

(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 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. We are 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.

(f) Compliance

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

(g) Inspections

    Except as required by paragraph (j)(1) of this AD, at the 
applicable times specified in tables 1 through 9 of paragraph 1.E., 
``Compliance,'' of Boeing Special Attention Service Bulletin 737-53-
1287, Revision 1, dated November 15, 2010: Do the applicable 
inspections (external detailed; external high frequency eddy current 
(HFEC); and internal detailed and HFEC) for cracks and corrosion in 
the skin, support, frames, stringers, or antenna, as applicable. Do 
the inspections in accordance with Parts 1, 3, 4, and 5 of the 
Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 737-53-1287, Revision 1, dated November 15, 2010, except as 
required by paragraphs (j)(2) and (j)(3) of this AD. Repeat the 
applicable

[[Page 11975]]

inspections thereafter at the applicable times specified in tables 1 
through 9 of paragraph 1.E., ``Compliance,'' of Boeing Special 
Attention Service Bulletin 737-53-1287, Revision 1, dated November 
15, 2010, until the actions specified in paragraph (k) of this AD 
are done.

(h) Repair

    If any crack or corrosion is found during any inspection 
required by paragraph (g) of this AD: Repair before further flight, 
in accordance with the Accomplishment Instructions of Boeing Special 
Attention Service Bulletin 737-53-1287, Revision 1, dated November 
15, 2010, except as required by paragraphs (j)(2) and (j)(3) of this 
AD. Repair of any crack or corrosion terminates the repetitive 
inspection requirements of paragraph (g) of this AD for the repaired 
area only.

(i) No Post Repair/Modification Inspections

    The post-repair/modification inspections specified in Part 8 of 
the Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 737-53-1287, Revision 1, dated November 15, 2010, are not 
required by this AD.

    Note 1 to paragraph (i) of this AD: The damage tolerance 
inspections specified in Part 8 of the Accomplishment Instructions 
of Boeing Special Attention Service Bulletin 737-53-1287, Revision 
1, dated November 15, 2010, may be used in support of compliance 
with section 121.1109(c)(2) or 129.109(b)(2) of the Federal Aviation 
Regulations (14 CFR 121.1109(c)(2) or 14 CFR 129.109(b)(2)). The 
actions specified in Part 8 of the Accomplishment Instructions and 
corresponding figures of Boeing Special Attention Service Bulletin 
737-53-1287, Revision 1, dated November 15, 2010, are not required 
by this AD.

(j) Exceptions

    (1) Where Boeing Special Attention Service Bulletin 737-53-1287, 
Revision 1, dated November 15, 2010, specifies a compliance time 
``after the original issue date of this service bulletin,'' this AD 
requires compliance within the specified compliance time after the 
effective date of this AD.
    (2) Where Boeing Special Attention Service Bulletin 737-53-1287, 
Revision 1, dated November 15, 2010, specifies contacting Boeing for 
inspection or repair instructions: Do the applicable action using a 
method approved in accordance with the procedures specified in 
paragraph (n) of this AD.
    (3) For Group 7 airplanes, as identified in paragraph 1.A., 
``Effectivity,'' of Boeing Special Attention Service Bulletin 737-
53-1287, Revision 1, dated November 15, 2010: Use the applicable 
instructions for Group 2, Configuration 1, 2, or 3 airplanes, as 
identified in Boeing Special Attention Service Bulletin 737-53-1287, 
Revision 1, dated November 15, 2010.

(k) Optional Terminating Action

    For Groups 1, 2, 3, 4, 6, and 7 airplanes, as identified in 
Boeing Special Attention Service Bulletin 737-53-1287, Revision 1, 
dated November 15, 2010: Except as provided by paragraphs (j)(2) and 
(j)(3) of this AD, accomplishment of the preventive modification, 
including all applicable HFEC and detailed inspections for cracking 
or corrosion inside or outside the repair skin cutout area, in the 
frame fastener holes, or in the support channel; and all applicable 
repairs or replacements; as specified in the Accomplishment 
Instructions of Boeing Special Attention Service Bulletin 737-53-
1287, Revision 1, dated November 15, 2010, terminates the repetitive 
inspection requirements of paragraph (g) of this AD.

(l) Concurrent Skin Panel Replacement

    For Groups 2 and 7 airplanes, as identified in Boeing Special 
Attention Service Bulletin 737-53-1287, Revision 1, dated November 
15, 2010: Before or concurrently with accomplishing the requirements 
of paragraph (g) of this AD, do the replacement of 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, except as required by paragraph (j)(3) of this 
AD. The actions specified in paragraph (l) of this AD are also 
required by AD 90-06-02, Amendment 39-6489 (55 FR 8372, March 7, 
1990).

(m) Credit for Previous Actions

    (1) This paragraph provides credit for the replacement required 
by paragraph (l) of this AD, if the replacement of bonded skin 
panels with solid skin panels was performed before the effective 
date of this AD using the service information identified in 
paragraphs (m)(1)(i), (m)(1)(ii), (m)(1)(iii), and (m)(1)(iv) of 
this AD.
    (i) Boeing Service Bulletin 737-53A1042, Revision 5, dated 
October 5, 1984.
    (ii) Boeing Service Bulletin 737-53A1042, Revision 6, dated 
August 10, 1989.
    (iii) Boeing Service Bulletin 737-53A1042, Revision 7, dated 
October 19, 1989.
    (iv) Boeing Service Bulletin 737-53A1042, Revision 8, dated July 
19, 1990.
    (2) This paragraph provides credit for the inspections required 
by paragraph (g) of this AD, if the inspections were performed 
before the effective date of this AD using Boeing Special Attention 
Service Bulletin 737-53-1287, dated March 11, 2009.

(n) Alternative Methods of Compliance (AMOCs)

    (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. 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 Principal 
Maintenance Inspector or Principal Avionics Inspector, as 
appropriate, or lacking a principal inspector, your local Flight 
Standards 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 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.

(o) Related Information

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

(p) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) 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.
    (i) Boeing Special Attention Service Bulletin 737-53-1287, 
Revision 1, dated November 15, 2010.
    (ii) Boeing Service Bulletin 737-53A1042, Revision 9, dated July 
25, 1991.
    (3) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com.
    (4) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221.
    (5) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on February 1, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-03901 Filed 2-20-13; 8:45 am]
BILLING CODE 4910-13-P

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