Airworthiness Directives; The Boeing Company Airplanes, 14734-14737 [2013-05328]
Download as PDF
14734
Federal Register / Vol. 78, No. 45 / Thursday, March 7, 2013 / Proposed Rules
5680; Internet https://
www.myboeingfleet.com. You may also
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.
Issued in Renton, Washington, on February
25, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2013–05189 Filed 3–6–13; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2012–0268; Directorate
Identifier 2011–NM–129–AD]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Supplemental notice of
proposed rulemaking (NPRM);
reopening of comment period.
emcdonald on DSK67QTVN1PROD with PROPOSALS
AGENCY:
SUMMARY: We are revising an earlier
proposed airworthiness directive (AD)
for certain The Boeing Company Model
737–600, –700, –700C, –800, –900 and
–900ER series airplanes. That NPRM
proposed to require inspecting for a
serial number that starts with the letters
‘‘SAIC’’ on the left- and right-side
horizontal stabilizer identification plate;
a detailed inspection for correct bolt
protrusion and chamfer of the
termination fitting bolts of the
horizontal stabilizer rear spar, if
necessary; inspecting to determine if
certain bolts are installed, if necessary;
and doing related investigative and
corrective actions if necessary. That
NPRM was prompted by reports of
incorrectly installed bolts common to
the rear spar termination fitting on the
horizontal stabilizer. This action revises
that NPRM by adding airplanes to the
applicability. We are proposing this
supplemental NPRM to prevent loss of
structural integrity of the horizontal
stabilizer attachment and loss of control
of the airplane. Since these actions
impose an additional burden over that
proposed in the NPRM, we are
reopening the comment period to allow
the public the chance to comment on
these proposed changes.
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We must receive comments on
this supplemental NPRM by April 22,
2013.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
For service information identified in
this proposed AD, contact Boeing
Commercial Airplanes, Attention: Data
& Services Management, P.O. Box 3707,
MC 2H–65, Seattle, Washington 98124–
2207; telephone 206–544–5000,
extension 1; fax 206–766–5680; 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.
DATES:
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Management Facility between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
docket contains this proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Office
(phone: 800–647–5527) is in the
ADDRESSES section. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT:
Nancy Marsh, Aerospace Engineer,
Airframe Branch, ANM–120S, FAA,
Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton,
Washington 98057–3356; phone: 425–
917–6440; fax: 425–917–6590; email:
nancy.marsh@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
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to an address listed under the
section. Include ‘‘Docket No.
FAA–2012–0268; Directorate Identifier
2011–NM–129–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD because of those
comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
ADDRESSES
Discussion
We issued an NPRM to amend 14 CFR
part 39 to include an AD that would
apply to certain The Boeing Company
Model 737–600, –700, –700C, –800, and
–900 series airplanes. That NPRM
published in the Federal Register on
March 20, 2012 (77 FR 16188). That
NPRM proposed to require inspecting
for a serial number that starts with the
letters ‘‘SAIC’’ on the left- and right-side
horizontal stabilizer identification plate;
a detailed inspection for correct bolt
protrusion and chamfer of the
termination fitting bolts of the
horizontal stabilizer rear spar, if
necessary; inspecting to determine if
certain bolts are installed, if necessary;
and doing related investigative and
corrective actions if necessary.
Actions Since Previous NPRM (77 FR
16188, March 20, 2012) Was Issued
Since we issued the previous NPRM
(77 FR 16188, March 20, 2012), we have
determined that horizontal stabilizers
are frequently rotated on the fleet and
could be installed on any Model 737–
600, –700, –700C, –800, and –900
airplane, including airplanes outside the
applicability of the NPRM. Therefore,
we have determined that the identified
unsafe condition may exist on all Model
737–600, –700, –700C, –800, –900, and
–900ER series airplanes.
Comments
We gave the public the opportunity to
comment on the previous NPRM (77 FR
16188, March 20, 2012). The following
presents the comments received on the
NPRM and the FAA’s response to each
comment.
Support for the Previous NPRM (77 FR
16188, March 20, 2012)
United Airlines stated it supports the
previous NPRM (77 FR 16188, March
20, 2012).
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Federal Register / Vol. 78, No. 45 / Thursday, March 7, 2013 / Proposed Rules
Request To Revise Applicability
Southwest Airlines (Southwest)
requested that we revise the
applicability of the previous NPRM (77
FR 16188, March 20, 2012). Southwest
suggested revising the applicability of
the NPRM to identify serial numbers of
the affected horizontal stabilizers, or to
open the applicability of the NPRM to
all airplanes, since the applicability
listed in the previous NPRM and the
effectivity of the service information do
not account for horizontal stabilizers
interchanged between airplanes.
We agree with the commenter’s
request for the reasons described in
‘‘Actions Since Previous NPRM (77 FR
16188, March 20, 2012) was Issued.’’ We
have revised paragraph (c) of this
supplemental NPRM to include all The
Boeing Company Model 737–600, –700,
–700C, –800, –900, and –900ER series
airplanes, because the horizontal
stabilizers can be rotated among
airplanes. This change has been
coordinated with Boeing.
We also have added new paragraph
(k) to this supplemental NPRM (and reidentified subsequent paragraphs) to
prohibit installation of a horizontal
stabilizer on any airplane included in
the applicability of this AD unless the
horizontal stabilizer has been inspected
and applicable corrective actions have
been done and no incorrect bolt
protrusion and no incorrect chamfer of
the termination fitting fasteners have
been found.
emcdonald on DSK67QTVN1PROD with PROPOSALS
Request To Improve Inspection
Procedures
Southwest and TUIfly
Fluggesellschaft mbH requested we
revise the previous NPRM (77 FR 16188,
March 20, 2012) to permit operators to
demonstrate compliance for inspecting
the horizontal stabilizer to determine
the serial number by means of a review
of the manufacturer’s delivery
documentation for the accomplishment
of Boeing Service Bulletin 737–55–1090,
dated March 30, 2011. TUIfly
Fluggesellschaft said that the delivery
paperwork received with the airplane
includes the serial number of the
stabilizers installed on the airplane at
the time of delivery.
We agree that the manufacturer’s
delivery documentation identifies the
serial number of the horizontal
stabilizer assembly installed on the
airplane at the time of delivery.
However, as discussed in the previous
comment, horizontal stabilizers are
rotable parts, so in addition to the
delivery records, the airplane
maintenance records must also be used
to positively identify the current
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stabilizer installed on the airplane. We
have added wording to paragraph (g) of
this supplemental NPRM to state that a
review of manufacturer delivery and
operator maintenance records is
acceptable if that review conclusively
determines the serial number of the
horizontal stabilizer.
STC Winglet Comment
Aviation Partners Boeing stated that
the installation of winglets per
Supplemental Type Certificate (STC)
ST00830SE does not affect
accomplishment of the proposed
requirements.
We have added paragraph (c)(2) to
this supplemental NPRM to state that
installation of STC ST00830SE (https://
rgl.faa.gov/Regulatory_and_Guidance_
Library/rgstc.nsf/0/408E012E
008616A7862578880060456C?Open
Document&Highlight=st00830se) does
not affect the ability to accomplish the
actions proposed by this supplemental
NPRM. Therefore, for airplanes on
which STC ST00830SE is installed, a
‘‘change in product’’ alternative method
of compliance (AMOC) approval request
is not necessary to comply with the
requirements of Section 39.17 of the
Federal Aviation Regulations (14 CFR
39.17). For all other AMOC requests, the
operator must request approval of an
AMOC in accordance with the
procedures specified in paragraph (l) of
this supplemental NPRM.
Request To Revise Applicability To
Include Bolt Type BACB30XL
American Airlines (American)
requested that the inspections and
corrective actions specified in Boeing
Service Bulletin 737–55–1090, dated
March 30, 2011, be used to address the
inspections and corrective actions for
the alternative bolt type part number (P/
N) BACB30XL that may be installed at
the same locations as bolt type P/N
BACB30US14K() or BACB30US16K().
American indicated the existing service
information does not provide corrective
actions for the alternative bolt type P/N
BACB30XL that may be installed in the
locations requiring bolt inspection.
We disagree with the request because
Boeing Service Bulletin 737–55–1090,
dated March 30, 2011, provides specific
inspection criteria and measurements
that are applicable only to the bolt type
P/N BACB30US. Those criteria cannot
be directly applied to the alternative
bolt types. The manufacturer plans to
revise that service bulletin to include
corrective actions for the alternative bolt
type P/N BACB30XL. We will review
the service bulletin and may approve
the revised service instructions as an
AMOC to the AD, when the revised
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14735
service bulletin is available. We have
not changed the supplemental NPRM in
this regard.
Request To Allow Alternative Service
Information
Oman Air (Oman) requested that
credit for prior accomplishment of
Boeing Service Letters 737–SL–55–027,
dated April 12, 2007, and 737–SL–55–
028, dated April 26, 2007, be given as
an alternative to the accomplishment of
the inspections and corrective actions
specified in Boeing Service Bulletin
737–55–1090, dated March 30, 2011,
which are required by paragraphs (g),
(h), and (k) of the previous NPRM (77
FR 16188, March 20, 2012).
We disagree. Boeing Service Letter
737–SL–55–027, dated April 12, 2007,
and Boeing Service Letter 737–SL–55–
028, dated April 26, 2007, were
published prior to the identification of
the safety issues created by the missing
washers. Although these service letters
provide instructions for the replacement
of any missing washers, they do not
address the potential durability issues
created by the unclamped joint that are
addressed by the repetitive inspections
of the structure, as specified in Boeing
Service Bulletin 737–55–1090, dated
March 30, 2011. The commenter did not
provide any data to substantiate the
durability of the corrective actions
specified in those service letters. This
proposal could be considered if data
were provided to substantiate the
request, using the procedures defined in
paragraph (l) of this supplemental
NPRM for requesting approval of an
AMOC. We have not changed the
supplemental NPRM in this regard.
Revision to Service Bulletin
The Boeing Company (Boeing) stated
it will revise Boeing Service Bulletin
737–55–1090, dated March 30, 2011, to
instruct operators to inspect for bolt
types other than BACB30US, to provide
repair methods for bolt configurations
other than BACB30US, and to revise
Figure 1 of that service bulletin to
correctly identify the serial number
location in lieu of the part number
location.
Boeing did not request a specific
change to the previous NPRM (77 FR
16188, March 20, 2012). We already
specified the correct location of the
serial number in paragraph (j) of the
previous NPRM. We also already
specified that an inspection for bolt
types other than part number
BACB30US14K() or BACB30US16K() is
required for paragraph (g) of the
previous NPRM.
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Federal Register / Vol. 78, No. 45 / Thursday, March 7, 2013 / Proposed Rules
FAA’s Determination
We are proposing this supplemental
NPRM because we evaluated all the
relevant information and determined
the unsafe condition described
previously is likely to exist or develop
in other products of these same type
designs. Certain changes described
above expand the scope of the original
NPRM (77 FR 16188, March 20, 2012).
As a result, we have determined that it
is necessary to reopen the comment
period to provide additional
opportunity for the public to comment
on this supplemental NPRM.
Proposed Requirements of the
Supplemental NPRM
This supplemental NPRM would
require inspecting for a serial number
that starts with the letters ‘‘SAIC’’ on the
left- and right-side horizontal stabilizer
identification plate; a detailed
inspection for correct bolt protrusion
and chamfer of the termination fitting
bolts of the horizontal stabilizer rear
spar, if necessary; inspecting to
determine if certain bolts are installed,
if necessary; and doing related
investigative and corrective actions if
necessary.
Costs of Compliance
We estimate that this proposed AD
affects 1,147 airplanes of U.S. registry.
We estimate the following costs to
comply with this proposed AD:
ESTIMATED COSTS
Action
Labor cost
Inspection ................................................
1 work-hour × $85 per hour = $85 per inspection
cycle.
17 work-hours × $85 per hour = $1,445 ................
Replacement of bolts ..............................
emcdonald on DSK67QTVN1PROD with PROPOSALS
We have received no definitive data
that would enable us to provide a cost
estimate for the on-condition actions
(contacting Boeing and repairing cracks
or damage) specified in this
supplemental NPRM.
According to the manufacturer, some
of the costs of this proposed AD may be
covered under warranty, thereby
reducing the cost impact on affected
individuals. We do not control warranty
coverage for affected individuals. As a
result, we have included all costs in our
cost estimate.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. ‘‘Subtitle VII:
Aviation Programs’’ describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in Subtitle VII,
Part A, Subpart III, Section 44701:
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We determined that this proposed AD
would not have federalism implications
under Executive Order 13132. This
proposed AD would not have a
substantial direct effect on the States, on
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14:41 Mar 06, 2013
Jkt 229001
Cost per
product
Parts cost
the relationship between the national
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Is not a ‘‘significant rule’’ under
the DOT Regulatory Policies and
Procedures (44 FR 11034, February 26,
1979),
(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.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
Cost on U.S.
operators
$0
$85
$97,495
1,530
2,975
3,412,325
(a) Comments Due Date
We must receive comments by April 22,
2013.
(b) Affected ADs
None.
(c) Applicability
(1) This AD applies to all The Boeing
Company Model 737–600, –700, –700C,
–800, –900, and –900ER series airplanes,
certificated in any category.
(2) Installation of Supplemental Type
Certificate (STC) ST00830SE (https://
rgl.faa.gov/Regulatory_and_Guidance_
Library/rgstc.nsf/0/
408E012E008616A7862578880060456C?
OpenDocument&Highlight=st00830se) does
not affect the ability to accomplish the
actions required by this AD. Therefore, for
airplanes on which STC ST00830SE is
installed, a ‘‘change in product’’ alternative
method of compliance (AMOC) approval
request is not necessary to comply with the
requirements of 14 CFR 39.17.
(d) Subject
Joint Aircraft System Component (JASC)/
Air Transport Association (ATA) of America
Code 55: Stabilizer.
■
(e) Unsafe Condition
This AD was prompted by reports of
incorrectly installed bolts common to the rear
spar termination fitting of the horizontal
stabilizer. We are issuing this AD to prevent
loss of structural integrity of the horizontal
stabilizer attachment and loss of control of
the airplane.
§ 39.13
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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.
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
The Boeing Company: Docket No. FAA–
2012–0268; Directorate Identifier 2011–
NM–129–AD.
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(g) Inspecting the Horizontal Stabilizer and
Corrective Actions
Except as provided by paragraph (i) of this
AD, at the applicable times specified in
paragraph 1.E., ‘‘Compliance,’’ of Boeing
Service Bulletin 737–55–1090, dated March
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Federal Register / Vol. 78, No. 45 / Thursday, March 7, 2013 / Proposed Rules
30, 2011: Do an inspection for a serial
number that starts with the letters ‘‘SAIC’’ on
the identification plates of the left- and rightside horizontal stabilizers, in accordance
with the Accomplishment Instructions of
Boeing Service Bulletin 737–55–1090, dated
March 30, 2011. A review of manufacturer
delivery and operator maintenance records is
acceptable to make the determination
specified in this paragraph if the serial
number can be conclusively identified from
that review.
(1) If a serial number starting with the
letters ‘‘SAIC’’ is found on a horizontal
stabilizer identification plate: Except as
provided by paragraph (i) of this AD, at the
applicable times specified in paragraph 1.E.,
‘‘Compliance,’’ of Boeing Service Bulletin
737–55–1090, dated March 30, 2011, do a
detailed inspection for correct bolt protrusion
and correct chamfer of the termination fitting
bolts of the horizontal stabilizer rear spar, in
accordance with the Accomplishment
Instructions of Boeing Service Bulletin 737–
55–1090, dated March 30, 2011. Concurrently
with the detailed inspection, inspect to
determine if bolts other than part number (P/
N) BACB30US14K() or BACB30US16K(), as
applicable, are installed. Before further flight,
do all applicable related investigative and
corrective actions, in accordance with the
Accomplishment Instructions of Boeing
Service Bulletin 737–55–1090, dated March
30, 2011.
(2) If no SAIC serial number is found, no
further action is required by this AD.
emcdonald on DSK67QTVN1PROD with PROPOSALS
(h) High Frequency Eddy Current (HFEC)
and Ultrasonic Inspections of Termination
Fitting and Repair
For any location where a new bolt having
a P/N BACB30US14K() is installed due to
damage found during any inspection
required by paragraph (g) of this AD: Except
as provided by paragraph (i) of this AD, at
the times specified in paragraph 1.E.,
‘‘Compliance,’’ of Boeing Service Bulletin
737–55–1090, dated March 30, 2011, do
HFEC and ultrasonic inspections for cracking
of the forward and aft sides of the
termination fitting, in accordance with the
Accomplishment Instructions of Boeing
Service Bulletin 737–55–1090, dated March
30, 2011. If any crack is found in any
termination fitting: Before further flight,
repair in accordance with the procedures
specified in paragraph (l) of this AD. Repeat
the HFEC and ultrasonic inspections
thereafter at intervals not to exceed 3,500
flight cycles.
(i) Exception to Compliance Time
Where Boeing Service Bulletin 737–55–
1090, dated March 30, 2011, specifies a
compliance time ‘‘after the original issue date
on the service bulletin,’’ this AD requires
compliance within the specified compliance
time after the effective date of this AD.
(j) Exceptions to Service Bulletin
(1) Where Figure 1 of Boeing Service
Bulletin 737–55–1090, dated March 30, 2011,
points to the location of a part number rather
than the serial number, this AD requires an
inspection for an identification plate with a
serial number that starts with the letters
‘‘SAIC.’’
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(2) If, during any inspection required by
paragraphs (g) and (h) of this AD, any bolt
other than P/N BACB30US14K() or
BACB30US16K(), as applicable, is found:
Before further flight, repair using a method
approved in accordance with the procedures
specified in paragraph (l) of this AD.
14737
Issued in Renton, Washington, on February
26, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2013–05328 Filed 3–6–13; 8:45 am]
BILLING CODE 4910–13–P
(k) Parts Installation Limitation
As of the effective date of this AD, no
person may install a horizontal stabilizer on
any airplane included in the applicability of
this AD unless it has been inspected and any
applicable corrective actions done using the
procedures specified in paragraph (g) of this
AD.
(l) 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 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 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.
(m) Related Information
(1) For more information about this AD,
contact Nancy Marsh, Aerospace Engineer,
Airframe Branch, ANM–120S, FAA, Seattle
Aircraft Certification Office (ACO), 1601 Lind
Avenue SW., Renton, Washington 98057–
3356; phone: 425–917–6440; fax: 425–917–
6590; email: nancy.marsh@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.
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DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 67
[Docket ID FEMA–2013–0002; Internal
Agency Docket No. FEMA–B–1187]
Proposed Flood Elevation
Determinations for Sussex County,
Delaware, and Incorporated Areas
Federal Emergency
Management Agency, DHS.
ACTION: Proposed rule; withdrawal.
AGENCY:
SUMMARY: The Federal Emergency
Management Agency (FEMA) is
withdrawing its proposed rule
concerning proposed flood elevation
determinations for Sussex County,
Delaware, and Incorporated Areas.
DATES: The proposed rule published
April 6, 2011 (76 FR 19006) is
withdrawn as of March 7, 2013.
ADDRESSES: You may submit comments,
identified by Docket No. FEMA–B–
1187, to Luis Rodriguez, Chief,
Engineering Management Branch,
Federal Insurance and Mitigation
Administration, Federal Emergency
Management Agency, 500 C Street SW.,
Washington, DC 20472, (202) 646–4064,
or (email)
Luis.Rodriguez3@fema.dhs.gov.
FOR FURTHER INFORMATION CONTACT: Luis
Rodriguez, Chief, Engineering
Management Branch, Federal Insurance
and Mitigation Administration, Federal
Emergency Management Agency, 500 C
Street SW., Washington, DC 20472,
(202) 646–4064, or (email)
Luis.Rodriguez3@fema.dhs.gov.
SUPPLEMENTARY INFORMATION: On April
6, 2011, FEMA published a proposed
rulemaking at 76 FR 19006, proposing
flood elevation determinations along
one or more flooding sources in Sussex
County, Delaware. Because FEMA has
or will be issuing a Revised Preliminary
Flood Insurance Rate Map, and if
necessary a Flood Insurance Study
report, featuring updated flood hazard
information, the proposed rulemaking is
being withdrawn. A Notice of Proposed
Flood Hazard Determinations will be
published in the Federal Register and in
E:\FR\FM\07MRP1.SGM
07MRP1
Agencies
[Federal Register Volume 78, Number 45 (Thursday, March 7, 2013)]
[Proposed Rules]
[Pages 14734-14737]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05328]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-0268; Directorate Identifier 2011-NM-129-AD]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.
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SUMMARY: We are revising an earlier proposed airworthiness directive
(AD) for certain The Boeing Company Model 737-600, -700, -700C, -800, -
900 and -900ER series airplanes. That NPRM proposed to require
inspecting for a serial number that starts with the letters ``SAIC'' on
the left- and right-side horizontal stabilizer identification plate; a
detailed inspection for correct bolt protrusion and chamfer of the
termination fitting bolts of the horizontal stabilizer rear spar, if
necessary; inspecting to determine if certain bolts are installed, if
necessary; and doing related investigative and corrective actions if
necessary. That NPRM was prompted by reports of incorrectly installed
bolts common to the rear spar termination fitting on the horizontal
stabilizer. This action revises that NPRM by adding airplanes to the
applicability. We are proposing this supplemental NPRM to prevent loss
of structural integrity of the horizontal stabilizer attachment and
loss of control of the airplane. Since these actions impose an
additional burden over that proposed in the NPRM, we are reopening the
comment period to allow the public the chance to comment on these
proposed changes.
DATES: We must receive comments on this supplemental NPRM by April 22,
2013.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, Washington. For information on the availability of
this material at the FAA, call 425-227-1221.
Examining the AD Docket
You may examine the AD docket on the Internet at https://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT: Nancy Marsh, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 425-
917-6440; fax: 425-917-6590; email: nancy.marsh@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-0268;
Directorate Identifier 2011-NM-129-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
We issued an NPRM to amend 14 CFR part 39 to include an AD that
would apply to certain The Boeing Company Model 737-600, -700, -700C, -
800, and -900 series airplanes. That NPRM published in the Federal
Register on March 20, 2012 (77 FR 16188). That NPRM proposed to require
inspecting for a serial number that starts with the letters ``SAIC'' on
the left- and right-side horizontal stabilizer identification plate; a
detailed inspection for correct bolt protrusion and chamfer of the
termination fitting bolts of the horizontal stabilizer rear spar, if
necessary; inspecting to determine if certain bolts are installed, if
necessary; and doing related investigative and corrective actions if
necessary.
Actions Since Previous NPRM (77 FR 16188, March 20, 2012) Was Issued
Since we issued the previous NPRM (77 FR 16188, March 20, 2012), we
have determined that horizontal stabilizers are frequently rotated on
the fleet and could be installed on any Model 737-600, -700, -700C, -
800, and -900 airplane, including airplanes outside the applicability
of the NPRM. Therefore, we have determined that the identified unsafe
condition may exist on all Model 737-600, -700, -700C, -800, -900, and
-900ER series airplanes.
Comments
We gave the public the opportunity to comment on the previous NPRM
(77 FR 16188, March 20, 2012). The following presents the comments
received on the NPRM and the FAA's response to each comment.
Support for the Previous NPRM (77 FR 16188, March 20, 2012)
United Airlines stated it supports the previous NPRM (77 FR 16188,
March 20, 2012).
[[Page 14735]]
Request To Revise Applicability
Southwest Airlines (Southwest) requested that we revise the
applicability of the previous NPRM (77 FR 16188, March 20, 2012).
Southwest suggested revising the applicability of the NPRM to identify
serial numbers of the affected horizontal stabilizers, or to open the
applicability of the NPRM to all airplanes, since the applicability
listed in the previous NPRM and the effectivity of the service
information do not account for horizontal stabilizers interchanged
between airplanes.
We agree with the commenter's request for the reasons described in
``Actions Since Previous NPRM (77 FR 16188, March 20, 2012) was
Issued.'' We have revised paragraph (c) of this supplemental NPRM to
include all The Boeing Company Model 737-600, -700, -700C, -800, -900,
and -900ER series airplanes, because the horizontal stabilizers can be
rotated among airplanes. This change has been coordinated with Boeing.
We also have added new paragraph (k) to this supplemental NPRM (and
re-identified subsequent paragraphs) to prohibit installation of a
horizontal stabilizer on any airplane included in the applicability of
this AD unless the horizontal stabilizer has been inspected and
applicable corrective actions have been done and no incorrect bolt
protrusion and no incorrect chamfer of the termination fitting
fasteners have been found.
Request To Improve Inspection Procedures
Southwest and TUIfly Fluggesellschaft mbH requested we revise the
previous NPRM (77 FR 16188, March 20, 2012) to permit operators to
demonstrate compliance for inspecting the horizontal stabilizer to
determine the serial number by means of a review of the manufacturer's
delivery documentation for the accomplishment of Boeing Service
Bulletin 737-55-1090, dated March 30, 2011. TUIfly Fluggesellschaft
said that the delivery paperwork received with the airplane includes
the serial number of the stabilizers installed on the airplane at the
time of delivery.
We agree that the manufacturer's delivery documentation identifies
the serial number of the horizontal stabilizer assembly installed on
the airplane at the time of delivery. However, as discussed in the
previous comment, horizontal stabilizers are rotable parts, so in
addition to the delivery records, the airplane maintenance records must
also be used to positively identify the current stabilizer installed on
the airplane. We have added wording to paragraph (g) of this
supplemental NPRM to state that a review of manufacturer delivery and
operator maintenance records is acceptable if that review conclusively
determines the serial number of the horizontal stabilizer.
STC Winglet Comment
Aviation Partners Boeing stated that the installation of winglets
per Supplemental Type Certificate (STC) ST00830SE does not affect
accomplishment of the proposed requirements.
We have added paragraph (c)(2) to this supplemental NPRM to state
that installation of STC ST00830SE (https://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/408E012E008616A7862578880060456C?OpenDocument&Highlight=st00830se) does
not affect the ability to accomplish the actions proposed by this
supplemental NPRM. Therefore, for airplanes on which STC ST00830SE is
installed, a ``change in product'' alternative method of compliance
(AMOC) approval request is not necessary to comply with the
requirements of Section 39.17 of the Federal Aviation Regulations (14
CFR 39.17). For all other AMOC requests, the operator must request
approval of an AMOC in accordance with the procedures specified in
paragraph (l) of this supplemental NPRM.
Request To Revise Applicability To Include Bolt Type BACB30XL
American Airlines (American) requested that the inspections and
corrective actions specified in Boeing Service Bulletin 737-55-1090,
dated March 30, 2011, be used to address the inspections and corrective
actions for the alternative bolt type part number (P/N) BACB30XL that
may be installed at the same locations as bolt type P/N BACB30US14K()
or BACB30US16K(). American indicated the existing service information
does not provide corrective actions for the alternative bolt type P/N
BACB30XL that may be installed in the locations requiring bolt
inspection.
We disagree with the request because Boeing Service Bulletin 737-
55-1090, dated March 30, 2011, provides specific inspection criteria
and measurements that are applicable only to the bolt type P/N
BACB30US. Those criteria cannot be directly applied to the alternative
bolt types. The manufacturer plans to revise that service bulletin to
include corrective actions for the alternative bolt type P/N BACB30XL.
We will review the service bulletin and may approve the revised service
instructions as an AMOC to the AD, when the revised service bulletin is
available. We have not changed the supplemental NPRM in this regard.
Request To Allow Alternative Service Information
Oman Air (Oman) requested that credit for prior accomplishment of
Boeing Service Letters 737-SL-55-027, dated April 12, 2007, and 737-SL-
55-028, dated April 26, 2007, be given as an alternative to the
accomplishment of the inspections and corrective actions specified in
Boeing Service Bulletin 737-55-1090, dated March 30, 2011, which are
required by paragraphs (g), (h), and (k) of the previous NPRM (77 FR
16188, March 20, 2012).
We disagree. Boeing Service Letter 737-SL-55-027, dated April 12,
2007, and Boeing Service Letter 737-SL-55-028, dated April 26, 2007,
were published prior to the identification of the safety issues created
by the missing washers. Although these service letters provide
instructions for the replacement of any missing washers, they do not
address the potential durability issues created by the unclamped joint
that are addressed by the repetitive inspections of the structure, as
specified in Boeing Service Bulletin 737-55-1090, dated March 30, 2011.
The commenter did not provide any data to substantiate the durability
of the corrective actions specified in those service letters. This
proposal could be considered if data were provided to substantiate the
request, using the procedures defined in paragraph (l) of this
supplemental NPRM for requesting approval of an AMOC. We have not
changed the supplemental NPRM in this regard.
Revision to Service Bulletin
The Boeing Company (Boeing) stated it will revise Boeing Service
Bulletin 737-55-1090, dated March 30, 2011, to instruct operators to
inspect for bolt types other than BACB30US, to provide repair methods
for bolt configurations other than BACB30US, and to revise Figure 1 of
that service bulletin to correctly identify the serial number location
in lieu of the part number location.
Boeing did not request a specific change to the previous NPRM (77
FR 16188, March 20, 2012). We already specified the correct location of
the serial number in paragraph (j) of the previous NPRM. We also
already specified that an inspection for bolt types other than part
number BACB30US14K() or BACB30US16K() is required for paragraph (g) of
the previous NPRM.
[[Page 14736]]
FAA's Determination
We are proposing this supplemental NPRM because we evaluated all
the relevant information and determined the unsafe condition described
previously is likely to exist or develop in other products of these
same type designs. Certain changes described above expand the scope of
the original NPRM (77 FR 16188, March 20, 2012). As a result, we have
determined that it is necessary to reopen the comment period to provide
additional opportunity for the public to comment on this supplemental
NPRM.
Proposed Requirements of the Supplemental NPRM
This supplemental NPRM would require inspecting for a serial number
that starts with the letters ``SAIC'' on the left- and right-side
horizontal stabilizer identification plate; a detailed inspection for
correct bolt protrusion and chamfer of the termination fitting bolts of
the horizontal stabilizer rear spar, if necessary; inspecting to
determine if certain bolts are installed, if necessary; and doing
related investigative and corrective actions if necessary.
Costs of Compliance
We estimate that this proposed AD affects 1,147 airplanes of U.S.
registry.
We estimate the following costs to comply with this proposed AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Inspection......................... 1 work-hour x $85 per hour $0 $85 $97,495
= $85 per inspection cycle.
Replacement of bolts............... 17 work-hours x $85 per 1,530 2,975 3,412,325
hour = $1,445.
----------------------------------------------------------------------------------------------------------------
We have received no definitive data that would enable us to provide
a cost estimate for the on-condition actions (contacting Boeing and
repairing cracks or damage) specified in this supplemental NPRM.
According to the manufacturer, some of the costs of this proposed
AD may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation Programs''
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
(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.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
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):
The Boeing Company: Docket No. FAA-2012-0268; Directorate Identifier
2011-NM-129-AD.
(a) Comments Due Date
We must receive comments by April 22, 2013.
(b) Affected ADs
None.
(c) Applicability
(1) This AD applies to all The Boeing Company Model 737-600, -
700, -700C, -800, -900, and -900ER series airplanes, certificated in
any category.
(2) Installation of Supplemental Type Certificate (STC)
ST00830SE (https://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/408E012E008616A7862578880060456C?OpenDocument&Highlight=st00830se)
does not affect the ability to accomplish the actions required by
this AD. Therefore, for airplanes on which STC ST00830SE is
installed, a ``change in product'' alternative method of compliance
(AMOC) approval request is not necessary to comply with the
requirements of 14 CFR 39.17.
(d) Subject
Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 55: Stabilizer.
(e) Unsafe Condition
This AD was prompted by reports of incorrectly installed bolts
common to the rear spar termination fitting of the horizontal
stabilizer. We are issuing this AD to prevent loss of structural
integrity of the horizontal stabilizer attachment and loss of
control of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Inspecting the Horizontal Stabilizer and Corrective Actions
Except as provided by paragraph (i) of this AD, at the
applicable times specified in paragraph 1.E., ``Compliance,'' of
Boeing Service Bulletin 737-55-1090, dated March
[[Page 14737]]
30, 2011: Do an inspection for a serial number that starts with the
letters ``SAIC'' on the identification plates of the left- and
right-side horizontal stabilizers, in accordance with the
Accomplishment Instructions of Boeing Service Bulletin 737-55-1090,
dated March 30, 2011. A review of manufacturer delivery and operator
maintenance records is acceptable to make the determination
specified in this paragraph if the serial number can be conclusively
identified from that review.
(1) If a serial number starting with the letters ``SAIC'' is
found on a horizontal stabilizer identification plate: Except as
provided by paragraph (i) of this AD, at the applicable times
specified in paragraph 1.E., ``Compliance,'' of Boeing Service
Bulletin 737-55-1090, dated March 30, 2011, do a detailed inspection
for correct bolt protrusion and correct chamfer of the termination
fitting bolts of the horizontal stabilizer rear spar, in accordance
with the Accomplishment Instructions of Boeing Service Bulletin 737-
55-1090, dated March 30, 2011. Concurrently with the detailed
inspection, inspect to determine if bolts other than part number (P/
N) BACB30US14K() or BACB30US16K(), as applicable, are installed.
Before further flight, do all applicable related investigative and
corrective actions, in accordance with the Accomplishment
Instructions of Boeing Service Bulletin 737-55-1090, dated March 30,
2011.
(2) If no SAIC serial number is found, no further action is
required by this AD.
(h) High Frequency Eddy Current (HFEC) and Ultrasonic Inspections of
Termination Fitting and Repair
For any location where a new bolt having a P/N BACB30US14K() is
installed due to damage found during any inspection required by
paragraph (g) of this AD: Except as provided by paragraph (i) of
this AD, at the times specified in paragraph 1.E., ``Compliance,''
of Boeing Service Bulletin 737-55-1090, dated March 30, 2011, do
HFEC and ultrasonic inspections for cracking of the forward and aft
sides of the termination fitting, in accordance with the
Accomplishment Instructions of Boeing Service Bulletin 737-55-1090,
dated March 30, 2011. If any crack is found in any termination
fitting: Before further flight, repair in accordance with the
procedures specified in paragraph (l) of this AD. Repeat the HFEC
and ultrasonic inspections thereafter at intervals not to exceed
3,500 flight cycles.
(i) Exception to Compliance Time
Where Boeing Service Bulletin 737-55-1090, dated March 30, 2011,
specifies a compliance time ``after the original issue date on the
service bulletin,'' this AD requires compliance within the specified
compliance time after the effective date of this AD.
(j) Exceptions to Service Bulletin
(1) Where Figure 1 of Boeing Service Bulletin 737-55-1090, dated
March 30, 2011, points to the location of a part number rather than
the serial number, this AD requires an inspection for an
identification plate with a serial number that starts with the
letters ``SAIC.''
(2) If, during any inspection required by paragraphs (g) and (h)
of this AD, any bolt other than P/N BACB30US14K() or BACB30US16K(),
as applicable, is found: Before further flight, repair using a
method approved in accordance with the procedures specified in
paragraph (l) of this AD.
(k) Parts Installation Limitation
As of the effective date of this AD, no person may install a
horizontal stabilizer on any airplane included in the applicability
of this AD unless it has been inspected and any applicable
corrective actions done using the procedures specified in paragraph
(g) of this AD.
(l) 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 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 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.
(m) Related Information
(1) For more information about this AD, contact Nancy Marsh,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office (ACO), 1601 Lind Avenue SW., Renton, Washington
98057-3356; phone: 425-917-6440; fax: 425-917-6590; email:
nancy.marsh@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.
Issued in Renton, Washington, on February 26, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-05328 Filed 3-6-13; 8:45 am]
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