Airworthiness Directives; The Boeing Company Airplanes, 58982-58985 [2013-23274]

Download as PDF 58982 Federal Register / Vol. 78, No. 186 / Wednesday, September 25, 2013 / Proposed Rules Messier-Dowty Service Bulletin A33/34–32– 283 or A33/34–32–284, both including Appendix A, both dated May 11, 2010, as applicable. (l) New Optional Methods of Compliance (1) Inspections for corrosion and damage to the protective treatment of the bogie beam, and repairs, done in accordance with Messier-Dowty Service Bulletin A33/34–32– 278, including appendices A and B, dated February 17, 2010, are acceptable methods of compliance with the requirements of paragraph (i)(1) of this AD. (2) Modification of a MLG bogie beam, done in accordance with Messier-Dowty Service Bulletins A33/34–32–283 and A33/ 34–32–284, both including Appendix A, both dated May 11, 2010, as applicable, is an acceptable method of compliance with the requirements of paragraph (i)(2) of this AD. (m) New Parts Installation Limitation As of the effective date of this AD, no person may install a MLG bogie beam on any airplane unless it is in compliance with the requirements and compliance times of paragraphs (g), (h), and (i) of this AD. TKELLEY on DSK3SPTVN1PROD with PROPOSALS (n) New Reporting Requirement Submit a report of the findings (both positive and negative) of the inspection required by paragraph (g) or (i) of this AD to Airbus, Customer Service Directorate, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France, using the applicable reporting sheet in Airbus Service Bulletin A330–32– 3237 or A340–32–4279, both dated January 18, 2011, at the applicable time specified in paragraph (n)(1) or (n)(2) of this AD. (1) If the inspection was done on or after the effective date of this AD: Submit the report within 90 days after the inspection. (2) If the inspection was done before the effective date of this AD: Submit the report within 90 days after the effective date of this AD. (o) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM–116, 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 International Branch, send it to ATTN: Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; telephone 425–227–1138; fax 425–227–1149. Information may be emailed to: 9-ANM-116AMOC-REQUESTS@faa.gov. 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. The AMOC approval letter must specifically reference this AD. (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these VerDate Mar<15>2010 16:14 Sep 24, 2013 Jkt 229001 actions if they are FAA-approved. Corrective actions are considered FAA-approved if they were approved by the State of Design Authority (or its delegated agent). For a repair method to be approved, the repair approval must specifically refer to this AD. You are required to ensure the product is airworthy before it is returned to service. (3) Reporting Requirements: A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2120–0056. Public reporting for this collection of information is estimated to be approximately 5 minutes per response, including the time for reviewing instructions, completing and reviewing the collection of information. All responses to this collection of information are mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn: Information Collection Clearance Officer, AES–200. (p) Related Information Refer to MCAI European Aviation Safety Agency (EASA) Airworthiness Directive 2012–0015, dated January 23, 2012, for related information, which can be found in the AD docket on the internet at http:// www.regulations.gov. Issued in Renton, Washington, on September 17, 2013. Ross Landes, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2013–23324 Filed 9–24–13; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2013–0796; Directorate Identifier 2013–NM–111–AD] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: We propose to supersede airworthiness directive (AD) 2013–07– 07, which applies to all The Boeing Company Model 737–600, –700, –700C, –800, –900, and –900ER series airplanes. AD 2013–07–07 requires inspecting to determine the part number SUMMARY: PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 of the attach pins of the horizontal stabilizer rear spar, and replacing certain attach pins. Since we issued AD 2013–07–07, we received inquiries from affected operators regarding the parts installation limitation and prohibition, and re-installation of certain attach pins that were removed for inspection. This proposed AD would clarify the parts installation limitation and prohibition, and would add a new requirement for certain airplanes on which certain attach pins were installed. We are proposing this AD to prevent premature failure of the attach pins, which could cause reduced structural integrity of the horizontal stabilizer to fuselage attachment, resulting in loss of control of the airplane. DATES: We must receive comments on this proposed AD by November 12, 2013. 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 http://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: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. 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, WA. 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 http:// 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 E:\FR\FM\25SEP1.SGM 25SEP1 Federal Register / Vol. 78, No. 186 / Wednesday, September 25, 2013 / Proposed Rules 07–07 to prevent premature failure of the attach pins, which could cause reduced structural integrity of the horizontal stabilizer to fuselage attachment, resulting in loss of control of the airplane. 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, 1601 Lind Avenue SW., Renton, WA 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–2013–0796; Directorate Identifier 2013–NM–111–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 http:// 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 TKELLEY on DSK3SPTVN1PROD with PROPOSALS On March 28, 2013, we issued AD 2013–07–07, Amendment 39–17411 (78 FR 22182, April 15, 2013) (‘‘AD 2013– 07–07’’), for all Model 737–600, –700, –700C, –800, –900, and –900ER series airplanes. AD 2013–07–07 requires inspecting to determine the part number of the attach pins of the horizontal stabilizer rear spar, and replacing certain attach pins. For airplanes having line numbers 1 through 3534, AD 2013– 07–07 also prohibited installing attach pins having part number (P/N) 180A1612–3 or 180A1612–4 that have 56,000 or greater flight cycles, unless certain actions had been done. AD 2013–07–07 resulted from reports of an incorrect procedure used to apply the wear and corrosion protection surface coating to attach pins of the horizontal stabilizer rear spar. We issued AD 2013– Actions Since AD 2013–07–07, Amendment 39–17411 (78 FR 22182, April 15, 2013) Was Issued Since we issued AD 2013–07–07, Amendment 39–17411 (78 FR 22182, April 15, 2013), we have received inquiries from affected operators regarding the parts installation limitation and prohibition (i.e., paragraph (i)(1)) of AD 2013–07–07, and re-installation of certain attach pins of the horizontal stabilizer rear spar removed for inspection during maintenance. We have re-reviewed our response to commenter Japan Airlines (JAL) in AD 2013–07–07, Amendment 39–17411 (78 FR 22182, April 15, 2013), and have determined it is necessary to provide further clarification. JAL requested approval of re-installation of any nondiscrepant attach pins having P/N 180A1612–3 or 180A1612–4 removed for inspection during maintenance. We clarify that the term ‘‘install,’’ as used in AD 2013–07–07, Amendment 39–17411 (78 FR 22182, April 15, 2013), can be interpreted as meaning ‘‘replace’’ while remaining within the intent of AD 2013–07–07. That is, by simply reinstalling non-discrepant attach pins having P/N 180A1612–3 or 180A1612– 4 on the same airplane from which they were removed, the operator is not ‘‘installing’’ a new or different attach pin. Therefore, no alternative method of compliance is necessary to re-install non-discrepant attach pins having P/N 180A1612–3 or 180A1612–4 on the same airplane from which they were removed during maintenance not associated with AD 2013–07–07. To clarify paragraph (i)(1) of AD AD 2013–07–07, Amendment 39–17411 (78 FR 22182, April 15, 2013), for airplanes having line numbers 1 through 3534, we have removed that paragraph and have added new paragraph (k) to this proposed AD. New paragraph (k) of this proposed AD would provide for installation of a attach pin of the horizontal stabilizer rear spar having 58983 P/N 180A1612–3 or 180A1612–4, provided it is replaced with an attach pin having P/N 180A1612–7 or 180A1612–8 prior to the accumulation of 56,000 total flight cycles on the pin. In addition, for those same airplanes, paragraph (i)(1) of AD 2013–07–07, Amendment 39–17411 (78 FR 22182, April 15, 2013), inadvertently allowed installation of an attach pin having P/N 180A1612–3 or 180A1612–4, even though the attach pin had been replaced with an attach pin having P/N 180A1612–7 or 180A1612–8, as required by paragraph (h) of AD 2013– 07–07. In light of this, we have added new paragraph (l) to this proposed AD for those airplanes on which attach pins having P/N 180A1612–3 or 180A1612– 4 were installed. New paragraph (l) of this proposed AD would require replacement of those attach pins with attach pins having P/N 180A1612–7 or 180A1612–8 prior to the accumulation of 56,000 total flight cycles on the attach pin, or within 1,000 flight cycles on the airplane after the effective date of this AD, whichever occurs later. FAA’s Determination We are proposing this AD because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the same type design. Proposed AD Requirements This proposed AD would retain certain requirements of AD 2013–07–07, Amendment 39–17411 (78 FR 22182, April 15, 2013). This proposed AD would clarify the parts installation limitation and prohibition, and would add a new requirement for certain airplanes on which certain attach pins were installed. Costs of Compliance We estimate that this proposed AD affects 1,050 airplanes of U.S. registry. The new proposed requirements add no significant economic burden over that specified in AD 2013–07–07, Amendment 39–17411 (78 FR 22182, April 15, 2013). Those costs are repeated for the convenience of affected operators, as follows: ESTIMATED COSTS Action Labor cost Parts cost Cost per product Inspection and attach pin replacement [retained actions from AD 2013–07–07, Amendment 39–17411 (78 FR 22182, April 15, 2013)]. 39 work-hours × $85 per hour = $3,315. Up to $6,312 ............. Up to $9,627 ............. VerDate Mar<15>2010 16:14 Sep 24, 2013 Jkt 229001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\25SEP1.SGM 25SEP1 Cost on U.S. operators Up to $10,108,350. 58984 Federal Register / Vol. 78, No. 186 / Wednesday, September 25, 2013 / Proposed Rules 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. the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. 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 TKELLEY on DSK3SPTVN1PROD with PROPOSALS We have 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 that the 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, VerDate Mar<15>2010 16:14 Sep 24, 2013 Jkt 229001 § 39.13 [Amended] 2. The FAA amends § 39.13 by removing airworthiness directive (AD) 2013–07–07, Amendment 39–17411 (78 FR 22182, April 15, 2013), and adding the following new AD: ■ The Boeing Company: Docket No. FAA– 2013–0796; Directorate Identifier 2013– NM–111–AD. (a) Comments Due Date The FAA must receive comments on this AD action by November 12, 2013. (b) Affected ADs (1) This AD supersedes AD 2013–07–07, Amendment 39–17411 (78 FR 22182, April 15, 2013). (2) This AD affects certain requirements of AD 2004–05–19, Amendment 39–13514 (69 FR 10921, March 9, 2004; corrected April 13, 2004 (69 FR 19313). (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 (http:// rgl.faa.gov/Regulatory_and_Guidance_ Library/rgstc.nsf/0/408E012E008616A786257 8880060456C?Open Document&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. For all other AMOC requests, the operator must request approval for an AMOC in accordance with the procedures specified in paragraph (m) of this AD. (d) Subject Joint Aircraft System Component (JASC)/ Air Transport Association (ATA) of America Code 55, Stabilizers. (e) Unsafe Condition This AD was prompted by reports of an incorrect procedure used to apply the wear and corrosion protection surface coating to attach pins of the horizontal stabilizer rear spar. We are issuing this AD to prevent premature failure of the attach pins, which could cause reduced structural integrity of the horizontal stabilizer to fuselage attachment, resulting in loss of control of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 (g) Retained Part Number Inspection This paragraph restates the requirements of paragraph (g) of AD 2013–07–07, Amendment 39–17411 (78 FR 22182, April 15, 2013). For airplanes having line numbers 1 through 3534 inclusive: Before the accumulation of 56,000 total flight cycles, or within 3,000 flight cycles after May 20, 2013 (the effective date of AD 2013–07–07), whichever occurs later, inspect to determine the part number of the attach pins of the horizontal stabilizer rear spar. A review of airplane maintenance records is acceptable in lieu of this inspection if the part number of the attach pin can be conclusively determined from that review. (h) Retained Replacement This paragraph restates the requirements of paragraph (h) of AD 2013–07–07, Amendment 39–17411 (78 FR 22182, April 15, 2013). If, during the inspection required by paragraph (g) of this AD, any horizontal stabilizer rear spar attach pin has P/N 180A1612–3 or 180A1612–4, prior to the accumulation of 56,000 total flight cycles on the pin, or within 3,000 flight cycles after May 20, 2013 (the effective date of AD 2013– 07–07), whichever occurs later, replace with a new attach pin having P/N 180A1612–7 or 180A1612–8, respectively, in accordance with the Accomplishment Instructions of Boeing Special Attention Service Bulletin 737–55–1093, dated April 9, 2012. (i) Retained Parts Installation Prohibition This paragraph restates the requirements of paragraph (i)(2) of AD 2013–07–07, Amendment 39–17411 (78 FR 22182, April 15, 2013). For airplanes having line numbers 3535 and subsequent: As of May 20, 2013 (the effective date of AD 2013–07–07), no person may install an attach pin of the horizontal stabilizer rear spar having P/N 180A1612–3 or 180A1612–4 on any airplane. (j) Retained Terminating Action for AD 2004–05–19, Amendment 39 13514 (69 FR 10921, March 9, 2004; Corrected April 13, 2004 (69 FR 19313)) This paragraph restates the provisions of paragraph (j) of AD 2013–07–07, Amendment 39–17411 (78 FR 22182, April 15, 2013). Accomplishment of the actions required by paragraphs (g) and (h) of this AD terminates the requirements of paragraphs (a), (b), (c), (d), and (e) of AD 2004–05–19, Amendment 39–13514 (69 FR 10921, March 9, 2004; corrected April 13, 2004 (69 FR 19313)), for the rear spar attach pins only. (k) New Parts Installation Limitation For airplanes having line numbers 1 through 3534 inclusive: As of the effective date of this AD, an attach pin of the horizontal stabilizer rear spar having P/N 180A1612–3 or 180A1612–4 may be installed on an airplane, provided it is replaced with an attach pin having P/N 180A1612–7 or 180A1612–8, as applicable, prior to the accumulation of 56,000 total flight cycles on the attach pin. The replacement must be done in accordance with the Accomplishment Instructions of Boeing Special Attention Service Bulletin 737–55– 1093, dated April 9, 2012. E:\FR\FM\25SEP1.SGM 25SEP1 Federal Register / Vol. 78, No. 186 / Wednesday, September 25, 2013 / Proposed Rules (l) New Attach Pin Replacement For airplanes having line numbers 1 through 3534 inclusive on which an attach pin of the horizontal stabilizer rear spar having P/N 180A1612–7 or 180A1612–8 has been replaced with an attach pin having P/ N 180A1612–3 or 180A1612–4 before the effective date of this AD: Prior to the accumulation of 56,000 total flight cycles on the pin, or within 1,000 flight cycles on the airplane after the effective date of this AD, whichever occurs later, replace the attach pin having P/N 180A1612–3 or 180A1612–4 with an attach pin having P/N 180A1612–7 or 180A1612–8, as applicable, in accordance with the Accomplishment Instructions of Boeing Special Attention Service Bulletin 737–55–1093, dated April 9, 2012. (m) Alternative Methods of Compliance (AMOCs) TKELLEY on DSK3SPTVN1PROD with PROPOSALS (n) Related Information (1) For more information about this AD, contact Nancy Marsh, Aerospace Engineer, Airframe Branch, ANM–120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA 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. 16:14 Sep 24, 2013 Jkt 229001 [FR Doc. 2013–23274 Filed 9–24–13; 8:45 am] BILLING CODE 4910–13–P DELAWARE RIVER BASIN COMMISSION 18 CFR Part 410 Proposed Amendments to the Water Quality Regulations, Water Code and Comprehensive Plan To Update Water Quality Criteria for pH Delaware River Basin Commission. ACTION: Proposed rule; notice of public hearing. AGENCY: (1) The Manager, Seattle Aircraft Certification Office, 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 paragraph (n)(1) of this AD. Information may be emailed to 9-ANM-Seattle-ACO-AMOCRequests-faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. (3) An AMOC that provides an acceptable level of safety may be used for any repair required by this AD if it is approved by the Boeing Commercial Airplanes ODA that has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD. (4) AMOCs approved previously in accordance with AD 2013–07–07, Amendment 39–17411 (78 FR 22182, April 15, 2013), are approved as AMOCs for the corresponding provisions of this AD. VerDate Mar<15>2010 Issued in Renton, Washington, on September 17, 2013. Ross Landes, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. The Commission will hold a public hearing to receive comments on proposed amendments to the Commission’s Water Quality Regulations, Water Code and Comprehensive Plan to update stream quality objectives (also called ‘‘water quality criteria’’) for pH in interstate tidal and non-tidal reaches of the main stem Delaware River. DATES: The public hearing will be held at 2 p.m. on Thursday, October 24, 2013. The hearing will continue until all those wishing to testify have had an opportunity to do so. Written comments will be accepted and must be received by 5 p.m. on Thursday, November 21, 2013. For more information regarding the procedures for the hearing and comments, see Supplementary Information. ADDRESSES: The public hearing will be held in the Goddard Conference Room at the Commission’s office building located at 25 State Police Drive, West Trenton, NJ. As Internet mapping tools are inaccurate for this location, please use the driving directions posted on the Commission’s Web site. Oral Testimony and Written Comments: Persons wishing to testify at the hearing are asked to register in advance by phoning Paula Schmitt at 609–883–9500, ext. 224. Written comments may be submitted as follows: If by email, to paula.schmitt@ drbc.state.nj.us; if by fax, to Commission Secretary at 609–883–9522; if by U.S. Mail, to Commission Secretary, DRBC, P.O. Box 7360, West Trenton, NJ 08628–0360; and if by overnight mail, to Commission Secretary, DRBC, 25 State Police Drive, West Trenton, NJ 08628–0360. Comments also may be delivered by SUMMARY: PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 58985 hand at any time during the Commission’s regular office hours (Monday through Friday, 8:30 a.m. through 5 p.m. except on national holidays) until the close of the comment period at 5 p.m. on Thursday, November 21, 2013. In all cases, please include the commenter’s name, address and affiliation, if any, in the comment document and ‘‘pH Rulemaking’’ in the subject line. FOR FURTHER INFORMATION CONTACT: The rule text and a report entitled ‘‘pH Criteria Revision Recommendations for Interstate Waters of the Delaware River Basin: Basis & Background Document’’ (DRBC, March 2013) are available on the Commission’s Web site, www.drbc.net. Hard copies of the latter document may be obtained for the price of postage by contacting Ms. Paula Schmitt at 609– 883–9500, ext. 224. For questions about the technical basis for the rule, please contact Dr. Erik Silldorff at 609–883– 9500 ext. 234. For queries about the rulemaking process, please contact Pamela Bush at 609–477–7203. SUPPLEMENTARY INFORMATION: Background. The Commission in 1967 assigned stream quality objectives (also called ‘‘criteria’’) for pH to all tidal and non-tidal interstate streams in the Delaware River Basin (‘‘basin’’). Since that time, scientists’ understanding of natural fluctuations in freshwater and saltwater pH levels has grown. Likewise, the development and application of pH criteria have evolved, while the Commission’s pH stream quality objectives have remained unchanged. Commission scientists in consultation with experts from DRBC member states and federal agencies have evaluated the pH criteria adopted by signatory states and recommended by federal agencies over the past four-anda-half decades. They have concluded that in order to minimize regulatory inconsistencies and better address natural pH cycles in the main stem Delaware River, two classes of revisions to the Commission’s criteria for this shared interstate waterway should be considered. The first concerns the range of pH levels deemed to comprise the numeric standard within the tidal and non-tidal zones of the main stem and tidal portions of tributaries. The second concerns excursions outside the standard range that are attributable to natural conditions. The proposed revisions were unanimously endorsed by the Commission’s Water Quality Advisory Committee (‘‘WQAC’’) in March 2009. The WQAC is a standing committee of stakeholders, including regulators, municipal and industrial dischargers, academicians and E:\FR\FM\25SEP1.SGM 25SEP1

Agencies

[Federal Register Volume 78, Number 186 (Wednesday, September 25, 2013)]
[Proposed Rules]
[Pages 58982-58985]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23274]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0796; Directorate Identifier 2013-NM-111-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede airworthiness directive (AD) 2013-07-
07, which applies to all The Boeing Company Model 737-600, -700, -700C, 
-800, -900, and -900ER series airplanes. AD 2013-07-07 requires 
inspecting to determine the part number of the attach pins of the 
horizontal stabilizer rear spar, and replacing certain attach pins. 
Since we issued AD 2013-07-07, we received inquiries from affected 
operators regarding the parts installation limitation and prohibition, 
and re-installation of certain attach pins that were removed for 
inspection. This proposed AD would clarify the parts installation 
limitation and prohibition, and would add a new requirement for certain 
airplanes on which certain attach pins were installed. We are proposing 
this AD to prevent premature failure of the attach pins, which could 
cause reduced structural integrity of the horizontal stabilizer to 
fuselage attachment, resulting in loss of control of the airplane.

DATES: We must receive comments on this proposed AD by November 12, 
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 http://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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    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, WA. 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 http://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

[[Page 58983]]

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, 
1601 Lind Avenue SW., Renton, WA 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-2013-0796; 
Directorate Identifier 2013-NM-111-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 http://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

    On March 28, 2013, we issued AD 2013-07-07, Amendment 39-17411 (78 
FR 22182, April 15, 2013) (``AD 2013-07-07''), for all Model 737-600, -
700, -700C, -800, -900, and -900ER series airplanes. AD 2013-07-07 
requires inspecting to determine the part number of the attach pins of 
the horizontal stabilizer rear spar, and replacing certain attach pins. 
For airplanes having line numbers 1 through 3534, AD 2013-07-07 also 
prohibited installing attach pins having part number (P/N) 180A1612-3 
or 180A1612-4 that have 56,000 or greater flight cycles, unless certain 
actions had been done. AD 2013-07-07 resulted from reports of an 
incorrect procedure used to apply the wear and corrosion protection 
surface coating to attach pins of the horizontal stabilizer rear spar. 
We issued AD 2013-07-07 to prevent premature failure of the attach 
pins, which could cause reduced structural integrity of the horizontal 
stabilizer to fuselage attachment, resulting in loss of control of the 
airplane.

Actions Since AD 2013-07-07, Amendment 39-17411 (78 FR 22182, April 15, 
2013) Was Issued

    Since we issued AD 2013-07-07, Amendment 39-17411 (78 FR 22182, 
April 15, 2013), we have received inquiries from affected operators 
regarding the parts installation limitation and prohibition (i.e., 
paragraph (i)(1)) of AD 2013-07-07, and re-installation of certain 
attach pins of the horizontal stabilizer rear spar removed for 
inspection during maintenance.
    We have re-reviewed our response to commenter Japan Airlines (JAL) 
in AD 2013-07-07, Amendment 39-17411 (78 FR 22182, April 15, 2013), and 
have determined it is necessary to provide further clarification. JAL 
requested approval of re-installation of any non-discrepant attach pins 
having P/N 180A1612-3 or 180A1612-4 removed for inspection during 
maintenance.
    We clarify that the term ``install,'' as used in AD 2013-07-07, 
Amendment 39-17411 (78 FR 22182, April 15, 2013), can be interpreted as 
meaning ``replace'' while remaining within the intent of AD 2013-07-07. 
That is, by simply re-installing non-discrepant attach pins having P/N 
180A1612-3 or 180A1612-4 on the same airplane from which they were 
removed, the operator is not ``installing'' a new or different attach 
pin. Therefore, no alternative method of compliance is necessary to re-
install non-discrepant attach pins having P/N 180A1612-3 or 180A1612-4 
on the same airplane from which they were removed during maintenance 
not associated with AD 2013-07-07.
    To clarify paragraph (i)(1) of AD AD 2013-07-07, Amendment 39-17411 
(78 FR 22182, April 15, 2013), for airplanes having line numbers 1 
through 3534, we have removed that paragraph and have added new 
paragraph (k) to this proposed AD. New paragraph (k) of this proposed 
AD would provide for installation of a attach pin of the horizontal 
stabilizer rear spar having P/N 180A1612-3 or 180A1612-4, provided it 
is replaced with an attach pin having P/N 180A1612-7 or 180A1612-8 
prior to the accumulation of 56,000 total flight cycles on the pin.
    In addition, for those same airplanes, paragraph (i)(1) of AD 2013-
07-07, Amendment 39-17411 (78 FR 22182, April 15, 2013), inadvertently 
allowed installation of an attach pin having P/N 180A1612-3 or 
180A1612-4, even though the attach pin had been replaced with an attach 
pin having P/N 180A1612-7 or 180A1612-8, as required by paragraph (h) 
of AD 2013-07-07. In light of this, we have added new paragraph (l) to 
this proposed AD for those airplanes on which attach pins having P/N 
180A1612-3 or 180A1612-4 were installed. New paragraph (l) of this 
proposed AD would require replacement of those attach pins with attach 
pins having P/N 180A1612-7 or 180A1612-8 prior to the accumulation of 
56,000 total flight cycles on the attach pin, or within 1,000 flight 
cycles on the airplane after the effective date of this AD, whichever 
occurs later.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would retain certain requirements of AD 2013-07-
07, Amendment 39-17411 (78 FR 22182, April 15, 2013). This proposed AD 
would clarify the parts installation limitation and prohibition, and 
would add a new requirement for certain airplanes on which certain 
attach pins were installed.

Costs of Compliance

    We estimate that this proposed AD affects 1,050 airplanes of U.S. 
registry. The new proposed requirements add no significant economic 
burden over that specified in AD 2013-07-07, Amendment 39-17411 (78 FR 
22182, April 15, 2013). Those costs are repeated for the convenience of 
affected operators, as follows:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection and attach pin         39 work-hours x     Up to $6,312......  Up to $9,627......  Up to $10,108,350.
 replacement [retained actions     $85 per hour =
 from AD 2013-07-07, Amendment     $3,315.
 39-17411 (78 FR 22182, April
 15, 2013)].
----------------------------------------------------------------------------------------------------------------


[[Page 58984]]

    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 have 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 that the 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 removing airworthiness directive (AD) 
2013-07-07, Amendment 39-17411 (78 FR 22182, April 15, 2013), and 
adding the following new AD:

The Boeing Company: Docket No. FAA-2013-0796; Directorate Identifier 
2013-NM-111-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by November 12, 
2013.

(b) Affected ADs

    (1) This AD supersedes AD 2013-07-07, Amendment 39-17411 (78 FR 
22182, April 15, 2013).
    (2) This AD affects certain requirements of AD 2004-05-19, 
Amendment 39-13514 (69 FR 10921, March 9, 2004; corrected April 13, 
2004 (69 FR 19313).

(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 (http://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. For all other AMOC requests, the 
operator must request approval for an AMOC in accordance with the 
procedures specified in paragraph (m) of this AD.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 55, Stabilizers.

(e) Unsafe Condition

    This AD was prompted by reports of an incorrect procedure used 
to apply the wear and corrosion protection surface coating to attach 
pins of the horizontal stabilizer rear spar. We are issuing this AD 
to prevent premature failure of the attach pins, which could cause 
reduced structural integrity of the horizontal stabilizer to 
fuselage attachment, resulting in loss of control of the airplane.

(f) Compliance

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

(g) Retained Part Number Inspection

    This paragraph restates the requirements of paragraph (g) of AD 
2013-07-07, Amendment 39-17411 (78 FR 22182, April 15, 2013). For 
airplanes having line numbers 1 through 3534 inclusive: Before the 
accumulation of 56,000 total flight cycles, or within 3,000 flight 
cycles after May 20, 2013 (the effective date of AD 2013-07-07), 
whichever occurs later, inspect to determine the part number of the 
attach pins of the horizontal stabilizer rear spar. A review of 
airplane maintenance records is acceptable in lieu of this 
inspection if the part number of the attach pin can be conclusively 
determined from that review.

(h) Retained Replacement

    This paragraph restates the requirements of paragraph (h) of AD 
2013-07-07, Amendment 39-17411 (78 FR 22182, April 15, 2013). If, 
during the inspection required by paragraph (g) of this AD, any 
horizontal stabilizer rear spar attach pin has P/N 180A1612-3 or 
180A1612-4, prior to the accumulation of 56,000 total flight cycles 
on the pin, or within 3,000 flight cycles after May 20, 2013 (the 
effective date of AD 2013-07-07), whichever occurs later, replace 
with a new attach pin having P/N 180A1612-7 or 180A1612-8, 
respectively, in accordance with the Accomplishment Instructions of 
Boeing Special Attention Service Bulletin 737-55-1093, dated April 
9, 2012.

(i) Retained Parts Installation Prohibition

    This paragraph restates the requirements of paragraph (i)(2) of 
AD 2013-07-07, Amendment 39-17411 (78 FR 22182, April 15, 2013). For 
airplanes having line numbers 3535 and subsequent: As of May 20, 
2013 (the effective date of AD 2013-07-07), no person may install an 
attach pin of the horizontal stabilizer rear spar having P/N 
180A1612-3 or 180A1612-4 on any airplane.

(j) Retained Terminating Action for AD 2004-05-19, Amendment 39 13514 
(69 FR 10921, March 9, 2004; Corrected April 13, 2004 (69 FR 19313))

    This paragraph restates the provisions of paragraph (j) of AD 
2013-07-07, Amendment 39-17411 (78 FR 22182, April 15, 2013). 
Accomplishment of the actions required by paragraphs (g) and (h) of 
this AD terminates the requirements of paragraphs (a), (b), (c), 
(d), and (e) of AD 2004-05-19, Amendment 39-13514 (69 FR 10921, 
March 9, 2004; corrected April 13, 2004 (69 FR 19313)), for the rear 
spar attach pins only.

(k) New Parts Installation Limitation

    For airplanes having line numbers 1 through 3534 inclusive: As 
of the effective date of this AD, an attach pin of the horizontal 
stabilizer rear spar having P/N 180A1612-3 or 180A1612-4 may be 
installed on an airplane, provided it is replaced with an attach pin 
having P/N 180A1612-7 or 180A1612-8, as applicable, prior to the 
accumulation of 56,000 total flight cycles on the attach pin. The 
replacement must be done in accordance with the Accomplishment 
Instructions of Boeing Special Attention Service Bulletin 737-55-
1093, dated April 9, 2012.

[[Page 58985]]

(l) New Attach Pin Replacement

    For airplanes having line numbers 1 through 3534 inclusive on 
which an attach pin of the horizontal stabilizer rear spar having P/
N 180A1612-7 or 180A1612-8 has been replaced with an attach pin 
having P/N 180A1612-3 or 180A1612-4 before the effective date of 
this AD: Prior to the accumulation of 56,000 total flight cycles on 
the pin, or within 1,000 flight cycles on the airplane after the 
effective date of this AD, whichever occurs later, replace the 
attach pin having P/N 180A1612-3 or 180A1612-4 with an attach pin 
having P/N 180A1612-7 or 180A1612-8, as applicable, in accordance 
with the Accomplishment Instructions of Boeing Special Attention 
Service Bulletin 737-55-1093, dated April 9, 2012.

(m) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office, 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 paragraph (n)(1) of this AD. Information may be 
emailed to 9-ANM-Seattle-ACO-AMOC-Requests-faa.gov.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD if it is approved by the 
Boeing Commercial Airplanes ODA that has been authorized by the 
Manager, Seattle ACO, to make those findings. For a repair method to 
be approved, the repair must meet the certification basis of the 
airplane, and the approval must specifically refer to this AD.
    (4) AMOCs approved previously in accordance with AD 2013-07-07, 
Amendment 39-17411 (78 FR 22182, April 15, 2013), are approved as 
AMOCs for the corresponding provisions of this AD.

(n) Related Information

    (1) For more information about this AD, contact Nancy Marsh, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue SW., Renton, WA 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 September 17, 2013.
Ross Landes,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-23274 Filed 9-24-13; 8:45 am]
BILLING CODE 4910-13-P