Airworthiness Directives; The Boeing Company Airplanes, 73744-73748 [2013-29310]

Download as PDF 73744 Federal Register / Vol. 78, No. 236 / Monday, December 9, 2013 / Proposed Rules (a) Comments Due Date We must receive comments by January 23, 2014. (b) Affected ADs None. (c) Applicability This AD applies to EADS CASA (Type Certificate previously held by Construcciones Aeronauticas, S.A.) Model CN–235–300 airplanes, certificated in any category, manufacturer serial numbers (MSN) C–143 through C–208, inclusive. (d) Subject Air Transport Association (ATA) of America Code 53, Fuselage. (e) Reason This AD was prompted by reports of reduced thickness of the center fuselage lower skin panel. We are issuing this AD to detect and correct a reduced thickness of lower panel joints, which could result in reduced fatigue and damage tolerant characteristics of the lower panel joint to the adjacent side panels and lead to failure of the center fuselage lower skin panel, resulting in loss of control of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. maindgalligan on DSK5TPTVN1PROD with PROPOSALS (g) Detailed Visual Inspection For airplanes having MSNs C–143 through C–195 inclusive, C–201, and C–202: At the applicable time specified in paragraph (g)(1) or (g)(2) of this AD, do a detailed inspection to determine the presence of panel thickness reduction of the lower panel joint with the side panels at stringer (STR)24 left-hand and STR24 right-hand, in accordance with EADS CASA All Operator Letter (AOL) 235–024, Revision 01, dated March 1, 2013. (1) For airplane versions CG01, CL04, ED01, GC01, MM01, and SM01: At the later of the times specified in paragraphs (g)(1)(i) and (g)(1)(ii) of this AD. (i) Before the accumulation of 1,900 total flight cycles. (ii) Within 10 flight cycles or 30 days after the effective date of this AD, whichever occurs first. (2) For any airplane version not identified in paragraph (g)(1) of this AD: At the later of the times specified in paragraphs (g)(2)(i) and (g)(2)(ii) of this AD. (i) Before the accumulation of 3,800 total flight cycles. (ii) Within 10 flight cycles or 30 days after the effective date of this AD, whichever occurs first. (h) Repetitive Non Destructive Test (NDT) (1) For airplanes having MSNs C–196 through C–200 inclusive and C–203 through C–208 inclusive, and for airplanes with a reduced panel thickness identified during the inspection required by paragraph (g) of this AD: At the applicable time specified in paragraph (g)(1)(i) of this AD (for airplanes identified in paragraph (g)(1) of this AD), or paragraph (g)(2)(i) of this AD (for airplanes identified in paragraph (g)(2) of this AD), or VerDate Mar<15>2010 15:53 Dec 06, 2013 Jkt 232001 within 50 flight cycles after the effective date of this AD, whichever occurs later, do a NDT inspection for cracking, in accordance with EADS CASA AOL 235–024, Revision 01, dated March 1, 2013. Repeat the inspection thereafter at the applicable time specified in paragraph (h)(1)(i) or (h)(1)(ii) of this AD. (i) For airplane versions CG01, CL04, ED01, GC01, MM01, and SM01: At intervals not to exceed 1,000 flight cycles. (ii) For airplane versions other than those identified in paragraph (h)(1)(i) of this AD: At intervals not to exceed 2,000 flight cycles. (2) If any cracking is detected during the inspection required by paragraph (h)(1) of this AD, before further flight, repair using a method approved by the Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA) (or its delegated agent, or the Design Approval Holder with EASA design organization approval). For a repair method to be approved, the repair approval must specifically refer to this AD. (i) Credit for Previous Actions This paragraph provides credit for the inspections required by paragraphs (g) and (h) of this AD if those actions were performed before the effective date of this AD using EADS CASA AOL 235–024, dated February 12, 2013. (j) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM–116, Transport Airplane Directorate, 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: Shahram Daneshmandi, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington 98057– 3356; telephone (425) 227–1112; fax (425) 227–1149. Information may be emailed to: 9ANM-116-AMOC-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, use these 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, or the Design Approval Holder with a State of Design Authority’s design organization approval). 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. PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 (k) Related Information (1) Refer to Mandatory Continuing Airworthiness Information European Aviation Safety Agency Airworthiness Directive 2013–0131, dated June 25, 2013, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. FAA–2013– 0980. (2) For service information identified in this AD, contact EADS–CASA, Military Transport Aircraft Division (MTAD), Integrated Customer Services (ICS), ´ Technical Services, Avenida de Aragon 404, 28022 Madrid, Spain; telephone +34 91 585 55 84; fax +34 91 585 55 05; email MTA.TechnicalService@casa.eads.net; Internet http://www.eads.net. You may view this 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 December 2, 2013. John P. Piccola, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2013–29320 Filed 12–6–13; 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. AGENCY: We are revising an earlier supplemental notice of proposed rulemaking (SNPRM) for all The Boeing Company Model 737–600, -700, -700C, -800, -900 and -900ER series airplanes. The SNPRM proposed to require inspecting for a serial number that starts with the letters ‘‘SAIC’’ on the left- and right-side horizontal stabilizer identification plate; inspecting 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. The SNPRM was prompted by reports of incorrectly installed bolts common to SUMMARY: E:\FR\FM\09DEP1.SGM 09DEP1 Federal Register / Vol. 78, No. 236 / Monday, December 9, 2013 / Proposed Rules maindgalligan on DSK5TPTVN1PROD with PROPOSALS the rear spar termination fitting on the horizontal stabilizer. This action revises the SNPRM by revising the applicable thresholds from flight cycles on the airplane to flight cycles accumulated on the affected horizontal stabilizer. We are proposing this SNPRM 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 earlier SNPRM, 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 SNPRM by January 23, 2014. 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: 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 view this 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 available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Nancy Marsh, Aerospace Engineer, VerDate Mar<15>2010 15:53 Dec 06, 2013 Jkt 232001 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. 73745 Comments SUPPLEMENTARY INFORMATION: We gave the public the opportunity to comment on the first SNPRM (78 FR 14734, March 7, 2013). The following presents the comments received on the first SNPRM and the FAA’s response to each comment. Comments Invited Request To Revise Applicability 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 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. Boeing requested that the applicability of the first SNPRM (78 FR 14734, March 7, 2013) be revised to apply only to the airplanes specified in Boeing Service Bulletin 737–55–1090, dated March 30, 2011, and that the FAA establish operator responsibility in lieu of revising the applicability to include all line numbers. Boeing stated that it is the operators’ responsibility to maintain records, including flight cycles on principal structural elements, and that the horizontal stabilizer is not designed as a rotable part and no interchangeability notes are included on drawings. We disagree. In the comments to the NPRM (77 FR 16188, dated March 20, 2012), one operator commented that stabilizers are rotated among airplanes. Therefore, the applicability of the NPRM was incorrect. The first SNPRM (78 FR 14734, March 7, 2013) was issued to open the applicability to ‘‘all’’ affected airplane models to address the possibility that stabilizers have been (or can be) rotated among the fleet. Even if an operator knows the stabilizer has been rotated to another airplane, if that airplane is not included in the applicability of this proposed second SNPRM, there would be no requirement to inspect that stabilizer; hence, this SNPRM should apply to all The Boeing Company Model 737–600, –700, –700C, –800, –900 and –900ER series airplanes. Although the Boeing comment stated that the stabilizers are not designed to be a rotable part, we note that Boeing Document D042A525, ‘‘Compliance Document and Repair Evaluation Guidelines, Damage Tolerance Data for Repairs and Alterations ¥ 14CFR 26 Subpart F,’’ applicable to the 737–600/ 700/700C/800/900/900ER fleet, does include the horizontal stabilizer in the listing of Replaceable Structural Components requiring consideration for compliance with section 121.1109(c)(2) or section 129.109(b)(2) of the Federal Aviation Regulations (14 CFR 121 or 14 CFR 129), as applicable. We have not changed this second SNPRM in this regard. Discussion We issued a supplemental notice of proposed rulemaking (SNPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain The Boeing Company Model 737–600, –700, –700C, –800, –900, and –900ER series airplanes. The SNPRM published in the Federal Register on March 7, 2013 (78 FR 14734). The notice of proposed rulemaking (NPRM) published in the Federal Register on March 20, 2012 (77 FR 16188). The SNPRM added airplanes to the applicability of the NPRM, which proposed to require inspecting for a serial number that starts with the letters ‘‘SAIC’’ on the left- and right-side horizontal stabilizer identification plate; inspecting 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 First SNPRM Was Issued Since we issued the first SNPRM (78 FR 14734, March 7, 2013), we have determined that the applicable thresholds need to be revised from flight cycles on the airplane to flight cycles accumulated on the affected horizontal stabilizer. PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 Request To Revise Compliance Time Boeing requested that the FAA establish operator responsibility by adding the following note to the AD: E:\FR\FM\09DEP1.SGM 09DEP1 73746 Federal Register / Vol. 78, No. 236 / Monday, December 9, 2013 / Proposed Rules Initial inspection (threshold) and intervals are measured in flight cycles or flight hours that a particular principle structural element (PSE) detail has accumulated regardless of what the airframe as a whole has accumulated. Most PSE details have never been replaced and therefore have accumulated the same flight cycles and flight hours as the airframe. Some PSE details are replaced, such as when installing Removable Structural Components (repairable/rotable/ expendables) or installing used structural parts as a repair. In these cases the PSE details have accumulated flight cycles and flight hours that may be different than the airframe. The operator must account for this in determining when inspections must be done. In determining the PSE flight cycles or flight hours, operators may use the process defined in Advisory Circular 120–93. Boeing also proposed to add the note to Boeing Service Bulletin 737–55–1090, dated March 30, 2011. Boeing stated that the note is in use in the 737 Maintenance Planning Data (MPD) Section 9, Airworthiness Limitations D926A001–CMR, as well as the MPD Airworthiness Limitations sections of other Boeing models, to address FAA concerns about operators interchanging parts during maintenance that Boeing had never intended to be rotable. We partially agree. We agree with clarifying the compliance time for the requirements of paragraphs (g) and (h) of this second SNPRM by specifying total flight cycles accumulated on the horizontal stabilizer. Inspection thresholds measured in ‘‘total flight cycles’’ must be the number of total flight cycles accumulated on the principal structural element, which may differ from airframe cycles if the horizontal stabilizer has been rotated to a different airplane. We have added paragraph (i) to this second SNPRM to clarify that the compliance times for paragraphs (g) and (h) of this second SNPRM are total flight cycles accumulated on the horizontal stabilizer since new, and we have moved the information contained in paragraph (i) of the first SNPRM to paragraph (j)(1) of this second SNPRM. We disagree that it is necessary to add this note to this second SNPRM. maindgalligan on DSK5TPTVN1PROD with PROPOSALS Request To Clarify Applicability All Nippon Airways (ANA) requested that paragraphs (g) and (h) of the first SNPRM (78 FR 14734, March 7, 2013) be clarified to specify which airplanes are subject to the requirements, since the applicability of the SNPRM includes airplanes after line number (L/N) 1556, which are not addressed by Boeing Service Bulletin 737–55–1090, dated March 30, 2011. We agree. We have revised paragraphs (g) and (h) of this second SNPRM to VerDate Mar<15>2010 15:53 Dec 06, 2013 Jkt 232001 specify that Group 1 airplanes are Model 737–600, –700, –800, –900 and –900ER airplanes, regardless of line number, and that Group 2 airplanes are Model 737–700C airplanes, regardless of line number. We have also added paragraphs (j)(4) and (j)(5) to this second SNPRM to clarify that, where the service information specifies Group 1 airplanes as Model 737–600, –700, –800, and –900 airplanes having line numbers 379 through 1556 inclusive, this AD specifies Group 1 airplanes as all Model 737–600, –700, –800, –900, and –900ER airplanes, regardless of line number, and where the service information specifies Group 2 airplanes as Model 737–700C airplanes having line numbers 496 through 1548 inclusive, this AD specifies Group 2 airplanes as all Model 737–700C airplanes, regardless of line number. Request To Allow Records Check To Identify Suspect Horizontal Stabilizers All Nippon Airways (ANA) requested that we revise paragraph (g) of the first SNPRM (78 FR 14734, March 7, 2013) to allow a records check of the maintenance records and delivery documentation to confirm that the horizontal stabilizer has not been rotated from the airplane. ANA stated that, with this revision, the requirements of paragraph (g) would not apply to airplanes after L/N 1556, even if the horizontal stabilizer has a serial number beginning with ‘‘SAIC,’’ because the discrepant stabilizers were delivered on airplanes prior to L/N 1557. We agree. By comparing the horizontal stabilizer serial number with the serial number shown on the delivery documentation for that airplane, an operator can confirm that the horizontal stabilizer is not subject to the unsafe condition. We have revised paragraphs (g) and (h) in this second SNPRM by adding a provision specifying that a review of manufacturer delivery and operator maintenance records is acceptable to make the determination, if the horizontal stabilizer serial number can be conclusively identified from that review. We also added paragraph (g)(2) in this second SNPRM to state that if a serial number starting with the letters ‘‘SAIC’’ is found on a horizontal stabilizer identification plate on airplanes after L/N 1556, and the serial number of the horizontal stabilizer on the airplane is the same as the serial number in the delivery documentation, no further action is required by this SNPRM for that horizontal stabilizer. PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 Request To Provide Serial Numbers of Discrepant Horizontal Stabilizers TUIfly Fluggesellschaft mbH requested that we revise paragraph (g) of the first SNPRM (78 FR 14734, March 7, 2013) to provide complete serial numbers for the discrepant horizontal stabilizers identified in the AD, instead of using only the first letters, ‘‘SAIC,’’ since those horizontal stabilizers having a serial number beginning with ‘‘SAIC,’’ which were not originally installed in airplanes after L/N 1556, are not considered to be suspect and should not require the inspection. We disagree with the request. Although identifying the serial numbers of all suspect parts would be useful to eliminate the need to inspect all horizontal stabilizers, we do not have this information. If the serial numbers are provided to us or to the operators, under the provisions of paragraph (l) of this second SNPRM, we may approve requests to exclude non-suspect horizontal stabilizers from the requirements of paragraphs (g) and (h) of this second SNPRM. We have not changed this second SNPRM in this regard. Request To Clarify Parts Installation Limitation ANA requested that the parts installation limitation specified in paragraph (k) of the first SNPRM (78 FR 14734, March 7, 2013) be clarified to exclude horizontal stabilizers that have a serial number beginning with ‘‘SAIC’’ and that were delivered on airplanes after L/N 1556. We disagree with revising the wording in paragraph (k) of this second SNPRM, because each horizontal stabilizer rotated after the effective date of this second SNPRM must be confirmed to be suspect or non-suspect as the stabilizer may have been previously rotated from another airplane having a line number before L/N 1557. If the stabilizer is found to be suspect, then the inspections required in paragraphs (g) and (h) of this second SNPRM must be accomplished. We have not changed this second SNPRM in this regard. FAA’s Determination We are proposing this second SNPRM 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 SNPRM (78 FR 14734, March 7, 2013). As a result, we have determined that it is necessary to reopen E:\FR\FM\09DEP1.SGM 09DEP1 73747 Federal Register / Vol. 78, No. 236 / Monday, December 9, 2013 / Proposed Rules the comment period to provide additional opportunity for the public to comment on this second SNPRM. Proposed Requirements of This Second SNPRM This second SNPRM would require inspecting for a serial number that starts with the letters ‘‘SAIC’’ on the left- and right-side horizontal stabilizer identification plate; inspecting 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. Explanation of Change Made to This Second SNPRM Clarification of Compliance Time We clarified the wording in paragraph (g)(2) of this second SNPRM to specify that if the serial number found on a horizontal stabilizer identification plate matches the serial number of the horizontal stabilizer stated in the delivery documentation of the airplane, no further action is required by paragraph (g) of this second SNPRM. While it can be inferred that the compliance times stated in Boeing Service Bulletin 737–55–1090, dated March 30, 2011, are total flight cycles on the airplane since new, this second SNPRM specifies compliance times as total flight cycles accumulated on the horizontal stabilizer since new. Also, for repetitive inspection intervals, where the service information specifies ‘‘flight cycles,’’ this second SNPRM clarifies ‘‘flight cycles accumulated on the horizontal stabilizer.’’ 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 Parts cost Action Labor cost Inspection ..................................... Replacement of bolts ................... 1 work-hour × $85 per hour = $85 per inspection cycle .................. 17 work-hours × $85 per 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 proposed AD. 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. maindgalligan on DSK5TPTVN1PROD with PROPOSALS 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. VerDate Mar<15>2010 15:53 Dec 06, 2013 Jkt 232001 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: PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 Cost per product $0 1,530 Cost on U.S. operators $85 2,975 $97,495 3,412,325 PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new 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 January 23, 2014. (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 (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. (d) Subject Air Transport Association (ATA) of America Code 55, Stabilizers. E:\FR\FM\09DEP1.SGM 09DEP1 73748 Federal Register / Vol. 78, No. 236 / Monday, December 9, 2013 / Proposed Rules (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. maindgalligan on DSK5TPTVN1PROD with PROPOSALS (g) Inspecting the Horizontal Stabilizer and Corrective Actions For Group 1 and Group 2 airplanes identified in Boeing Service Bulletin 737–55– 1090, dated March 30, 2011, except as provided by paragraph (j) of this AD: At the applicable times specified in paragraph 1.E., ‘‘Compliance,’’ of Boeing Service Bulletin 737–55–1090, dated March 30, 2011, except as provided by paragraph (i) of this AD, 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 no ‘‘SAIC’’ serial number is found, no further action is required by paragraph (g) of this AD. (2) If a serial number starting with the letters ‘‘SAIC’’ is found on a horizontal stabilizer identification plate on an airplane after line number (L/N) 1556, and the serial number of the horizontal stabilizer is the same as stated in the delivery documentation of the airplane, no further action is required by paragraph (g) of this AD for that horizontal stabilizer. (3) If a serial number starting with the letters ‘‘SAIC’’ is found on a horizontal stabilizer identification plate, except as specified in paragraph (g)(2) of this AD: Except as provided by paragraphs (i) and (j) 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 any bolt other than part number (P/N) BACB30US14K() or BACB30US16K(), as applicable, is 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. VerDate Mar<15>2010 15:53 Dec 06, 2013 Jkt 232001 (h) High Frequency Eddy Current (HFEC) and Ultrasonic Inspections of Termination Fitting and Repair For airplanes identified in paragraph (g)(3) of this AD at any location where a new bolt having a P/N BACB30US14K() is installed as corrective action for damage found during any inspection required by paragraph (g) of this AD: Except as provided by paragraphs (i) and (j)(1) 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 using a method approved 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 on the horizontal stabilizer. (i) Clarification of Compliance Time Where the compliance times stated in Boeing Service Bulletin 737–55–1090, dated March 30, 2011, are ‘‘total flight cycles,’’ the compliance time in this AD is total flight cycles accumulated on the horizontal stabilizer since new. (j) Exceptions to Service Information Specifications (1) 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. (2) 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.’’ (3) 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. (4) Where Boeing Service Bulletin 737–55– 1090, dated March 30, 2011, identifies Group 1 airplanes as 737–600, –700, –800, and –900 airplanes having line numbers 379 through 1556 inclusive, this AD specifies Group 1 airplanes as all 737–600, –700, –800, –900, and –900ER airplanes, regardless of line number. (5) Where Boeing Service Bulletin 737–55– 1090, dated March 30, 2011, identifies Group 2 airplanes as 737–700C airplanes having line number 496 through 1548 inclusive, this AD specifies Group 2 airplanes as all 737– 700C airplanes, regardless of line number. PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 (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 the horizontal stabilizer has been inspected and any applicable corrective actions done in accordance with paragraphs (g) and (h) 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 paragraph (m) 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 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 December 2, 2013. John P. Piccola, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2013–29310 Filed 12–6–13; 8:45 am] BILLING CODE 4910–13–P E:\FR\FM\09DEP1.SGM 09DEP1

Agencies

[Federal Register Volume 78, Number 236 (Monday, December 9, 2013)]
[Proposed Rules]
[Pages 73744-73748]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29310]


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

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.

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

SUMMARY: We are revising an earlier supplemental notice of proposed 
rulemaking (SNPRM) for all The Boeing Company Model 737-600, -700, -
700C, -800, -900 and -900ER series airplanes. The SNPRM proposed to 
require inspecting for a serial number that starts with the letters 
``SAIC'' on the left- and right-side horizontal stabilizer 
identification plate; inspecting 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. The SNPRM was prompted by reports of incorrectly 
installed bolts common to

[[Page 73745]]

the rear spar termination fitting on the horizontal stabilizer. This 
action revises the SNPRM by revising the applicable thresholds from 
flight cycles on the airplane to flight cycles accumulated on the 
affected horizontal stabilizer. We are proposing this SNPRM 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 earlier SNPRM, 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 SNPRM by January 23, 2014.

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: 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 view this 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 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 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

    We issued a supplemental notice of proposed rulemaking (SNPRM) to 
amend 14 CFR part 39 by adding an AD that would apply to certain The 
Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER 
series airplanes. The SNPRM published in the Federal Register on March 
7, 2013 (78 FR 14734). The notice of proposed rulemaking (NPRM) 
published in the Federal Register on March 20, 2012 (77 FR 16188). The 
SNPRM added airplanes to the applicability of the NPRM, which proposed 
to require inspecting for a serial number that starts with the letters 
``SAIC'' on the left- and right-side horizontal stabilizer 
identification plate; inspecting 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 First SNPRM Was Issued

    Since we issued the first SNPRM (78 FR 14734, March 7, 2013), we 
have determined that the applicable thresholds need to be revised from 
flight cycles on the airplane to flight cycles accumulated on the 
affected horizontal stabilizer.

Comments

    We gave the public the opportunity to comment on the first SNPRM 
(78 FR 14734, March 7, 2013). The following presents the comments 
received on the first SNPRM and the FAA's response to each comment.

Request To Revise Applicability

    Boeing requested that the applicability of the first SNPRM (78 FR 
14734, March 7, 2013) be revised to apply only to the airplanes 
specified in Boeing Service Bulletin 737-55-1090, dated March 30, 2011, 
and that the FAA establish operator responsibility in lieu of revising 
the applicability to include all line numbers. Boeing stated that it is 
the operators' responsibility to maintain records, including flight 
cycles on principal structural elements, and that the horizontal 
stabilizer is not designed as a rotable part and no interchangeability 
notes are included on drawings.
    We disagree. In the comments to the NPRM (77 FR 16188, dated March 
20, 2012), one operator commented that stabilizers are rotated among 
airplanes. Therefore, the applicability of the NPRM was incorrect. The 
first SNPRM (78 FR 14734, March 7, 2013) was issued to open the 
applicability to ``all'' affected airplane models to address the 
possibility that stabilizers have been (or can be) rotated among the 
fleet. Even if an operator knows the stabilizer has been rotated to 
another airplane, if that airplane is not included in the applicability 
of this proposed second SNPRM, there would be no requirement to inspect 
that stabilizer; hence, this SNPRM should apply to all The Boeing 
Company Model 737-600, -700, -700C, -800, -900 and -900ER series 
airplanes. Although the Boeing comment stated that the stabilizers are 
not designed to be a rotable part, we note that Boeing Document 
D042A525, ``Compliance Document and Repair Evaluation Guidelines, 
Damage Tolerance Data for Repairs and Alterations - 14CFR 26 Subpart 
F,'' applicable to the 737-600/700/700C/800/900/900ER fleet, does 
include the horizontal stabilizer in the listing of Replaceable 
Structural Components requiring consideration for compliance with 
section 121.1109(c)(2) or section 129.109(b)(2) of the Federal Aviation 
Regulations (14 CFR 121 or 14 CFR 129), as applicable. We have not 
changed this second SNPRM in this regard.

Request To Revise Compliance Time

    Boeing requested that the FAA establish operator responsibility by 
adding the following note to the AD:


[[Page 73746]]


    Initial inspection (threshold) and intervals are measured in 
flight cycles or flight hours that a particular principle structural 
element (PSE) detail has accumulated regardless of what the airframe 
as a whole has accumulated. Most PSE details have never been 
replaced and therefore have accumulated the same flight cycles and 
flight hours as the airframe. Some PSE details are replaced, such as 
when installing Removable Structural Components (repairable/rotable/
expendables) or installing used structural parts as a repair. In 
these cases the PSE details have accumulated flight cycles and 
flight hours that may be different than the airframe. The operator 
must account for this in determining when inspections must be done. 
In determining the PSE flight cycles or flight hours, operators may 
use the process defined in Advisory Circular 120-93.

    Boeing also proposed to add the note to Boeing Service Bulletin 
737-55-1090, dated March 30, 2011. Boeing stated that the note is in 
use in the 737 Maintenance Planning Data (MPD) Section 9, Airworthiness 
Limitations D926A001-CMR, as well as the MPD Airworthiness Limitations 
sections of other Boeing models, to address FAA concerns about 
operators interchanging parts during maintenance that Boeing had never 
intended to be rotable.
    We partially agree. We agree with clarifying the compliance time 
for the requirements of paragraphs (g) and (h) of this second SNPRM by 
specifying total flight cycles accumulated on the horizontal 
stabilizer. Inspection thresholds measured in ``total flight cycles'' 
must be the number of total flight cycles accumulated on the principal 
structural element, which may differ from airframe cycles if the 
horizontal stabilizer has been rotated to a different airplane. We have 
added paragraph (i) to this second SNPRM to clarify that the compliance 
times for paragraphs (g) and (h) of this second SNPRM are total flight 
cycles accumulated on the horizontal stabilizer since new, and we have 
moved the information contained in paragraph (i) of the first SNPRM to 
paragraph (j)(1) of this second SNPRM. We disagree that it is necessary 
to add this note to this second SNPRM.

Request To Clarify Applicability

    All Nippon Airways (ANA) requested that paragraphs (g) and (h) of 
the first SNPRM (78 FR 14734, March 7, 2013) be clarified to specify 
which airplanes are subject to the requirements, since the 
applicability of the SNPRM includes airplanes after line number (L/N) 
1556, which are not addressed by Boeing Service Bulletin 737-55-1090, 
dated March 30, 2011.
    We agree. We have revised paragraphs (g) and (h) of this second 
SNPRM to specify that Group 1 airplanes are Model 737-600, -700, -800, 
-900 and -900ER airplanes, regardless of line number, and that Group 2 
airplanes are Model 737-700C airplanes, regardless of line number. We 
have also added paragraphs (j)(4) and (j)(5) to this second SNPRM to 
clarify that, where the service information specifies Group 1 airplanes 
as Model 737-600, -700, -800, and -900 airplanes having line numbers 
379 through 1556 inclusive, this AD specifies Group 1 airplanes as all 
Model 737-600, -700, -800, -900, and -900ER airplanes, regardless of 
line number, and where the service information specifies Group 2 
airplanes as Model 737-700C airplanes having line numbers 496 through 
1548 inclusive, this AD specifies Group 2 airplanes as all Model 737-
700C airplanes, regardless of line number.

Request To Allow Records Check To Identify Suspect Horizontal 
Stabilizers

    All Nippon Airways (ANA) requested that we revise paragraph (g) of 
the first SNPRM (78 FR 14734, March 7, 2013) to allow a records check 
of the maintenance records and delivery documentation to confirm that 
the horizontal stabilizer has not been rotated from the airplane. ANA 
stated that, with this revision, the requirements of paragraph (g) 
would not apply to airplanes after L/N 1556, even if the horizontal 
stabilizer has a serial number beginning with ``SAIC,'' because the 
discrepant stabilizers were delivered on airplanes prior to L/N 1557.
    We agree. By comparing the horizontal stabilizer serial number with 
the serial number shown on the delivery documentation for that 
airplane, an operator can confirm that the horizontal stabilizer is not 
subject to the unsafe condition. We have revised paragraphs (g) and (h) 
in this second SNPRM by adding a provision specifying that a review of 
manufacturer delivery and operator maintenance records is acceptable to 
make the determination, if the horizontal stabilizer serial number can 
be conclusively identified from that review. We also added paragraph 
(g)(2) in this second SNPRM to state that if a serial number starting 
with the letters ``SAIC'' is found on a horizontal stabilizer 
identification plate on airplanes after L/N 1556, and the serial number 
of the horizontal stabilizer on the airplane is the same as the serial 
number in the delivery documentation, no further action is required by 
this SNPRM for that horizontal stabilizer.

Request To Provide Serial Numbers of Discrepant Horizontal Stabilizers

    TUIfly Fluggesellschaft mbH requested that we revise paragraph (g) 
of the first SNPRM (78 FR 14734, March 7, 2013) to provide complete 
serial numbers for the discrepant horizontal stabilizers identified in 
the AD, instead of using only the first letters, ``SAIC,'' since those 
horizontal stabilizers having a serial number beginning with ``SAIC,'' 
which were not originally installed in airplanes after L/N 1556, are 
not considered to be suspect and should not require the inspection.
    We disagree with the request. Although identifying the serial 
numbers of all suspect parts would be useful to eliminate the need to 
inspect all horizontal stabilizers, we do not have this information. If 
the serial numbers are provided to us or to the operators, under the 
provisions of paragraph (l) of this second SNPRM, we may approve 
requests to exclude non-suspect horizontal stabilizers from the 
requirements of paragraphs (g) and (h) of this second SNPRM. We have 
not changed this second SNPRM in this regard.

Request To Clarify Parts Installation Limitation

    ANA requested that the parts installation limitation specified in 
paragraph (k) of the first SNPRM (78 FR 14734, March 7, 2013) be 
clarified to exclude horizontal stabilizers that have a serial number 
beginning with ``SAIC'' and that were delivered on airplanes after L/N 
1556.
    We disagree with revising the wording in paragraph (k) of this 
second SNPRM, because each horizontal stabilizer rotated after the 
effective date of this second SNPRM must be confirmed to be suspect or 
non-suspect as the stabilizer may have been previously rotated from 
another airplane having a line number before L/N 1557. If the 
stabilizer is found to be suspect, then the inspections required in 
paragraphs (g) and (h) of this second SNPRM must be accomplished. We 
have not changed this second SNPRM in this regard.

FAA's Determination

    We are proposing this second SNPRM 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 SNPRM (78 FR 14734, March 7, 2013). As a result, we have determined 
that it is necessary to reopen

[[Page 73747]]

the comment period to provide additional opportunity for the public to 
comment on this second SNPRM.

Proposed Requirements of This Second SNPRM

    This second SNPRM would require inspecting for a serial number that 
starts with the letters ``SAIC'' on the left- and right-side horizontal 
stabilizer identification plate; inspecting 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.

Clarification of Compliance Time

    While it can be inferred that the compliance times stated in Boeing 
Service Bulletin 737-55-1090, dated March 30, 2011, are total flight 
cycles on the airplane since new, this second SNPRM specifies 
compliance times as total flight cycles accumulated on the horizontal 
stabilizer since new. Also, for repetitive inspection intervals, where 
the service information specifies ``flight cycles,'' this second SNPRM 
clarifies ``flight cycles accumulated on the horizontal stabilizer.''

Explanation of Change Made to This Second SNPRM

    We clarified the wording in paragraph (g)(2) of this second SNPRM 
to specify that if the serial number found on a horizontal stabilizer 
identification plate matches the serial number of the horizontal 
stabilizer stated in the delivery documentation of the airplane, no 
further action is required by paragraph (g) of this second SNPRM.

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
----------------------------------------------------------------------------------------------------------------
                                                                             Parts    Cost per    Cost on U.S.
                   Action                              Labor cost             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 hour     1,530      2,975         3,412,325
                                              = $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 proposed AD.
    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 January 23, 2014.

(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 (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.

(d) Subject

    Air Transport Association (ATA) of America Code 55, Stabilizers.

[[Page 73748]]

(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

    For Group 1 and Group 2 airplanes identified in Boeing Service 
Bulletin 737-55-1090, dated March 30, 2011, except as provided by 
paragraph (j) of this AD: At the applicable times specified in 
paragraph 1.E., ``Compliance,'' of Boeing Service Bulletin 737-55-
1090, dated March 30, 2011, except as provided by paragraph (i) of 
this AD, 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 no ``SAIC'' serial number is found, no further action is 
required by paragraph (g) of this AD.
    (2) If a serial number starting with the letters ``SAIC'' is 
found on a horizontal stabilizer identification plate on an airplane 
after line number (L/N) 1556, and the serial number of the 
horizontal stabilizer is the same as stated in the delivery 
documentation of the airplane, no further action is required by 
paragraph (g) of this AD for that horizontal stabilizer.
    (3) If a serial number starting with the letters ``SAIC'' is 
found on a horizontal stabilizer identification plate, except as 
specified in paragraph (g)(2) of this AD: Except as provided by 
paragraphs (i) and (j) 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 any bolt other than part number (P/N) 
BACB30US14K() or BACB30US16K(), as applicable, is 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.

(h) High Frequency Eddy Current (HFEC) and Ultrasonic Inspections of 
Termination Fitting and Repair

    For airplanes identified in paragraph (g)(3) of this AD at any 
location where a new bolt having a P/N BACB30US14K() is installed as 
corrective action for damage found during any inspection required by 
paragraph (g) of this AD: Except as provided by paragraphs (i) and 
(j)(1) 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 using a method approved 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 on the horizontal 
stabilizer.

(i) Clarification of Compliance Time

    Where the compliance times stated in Boeing Service Bulletin 
737-55-1090, dated March 30, 2011, are ``total flight cycles,'' the 
compliance time in this AD is total flight cycles accumulated on the 
horizontal stabilizer since new.

(j) Exceptions to Service Information Specifications

    (1) 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.
    (2) 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.''
    (3) 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.
    (4) Where Boeing Service Bulletin 737-55-1090, dated March 30, 
2011, identifies Group 1 airplanes as 737-600, -700, -800, and -900 
airplanes having line numbers 379 through 1556 inclusive, this AD 
specifies Group 1 airplanes as all 737-600, -700, -800, -900, and -
900ER airplanes, regardless of line number.
    (5) Where Boeing Service Bulletin 737-55-1090, dated March 30, 
2011, identifies Group 2 airplanes as 737-700C airplanes having line 
number 496 through 1548 inclusive, this AD specifies Group 2 
airplanes as all 737-700C airplanes, regardless of line number.

(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 the horizontal stabilizer has been inspected and 
any applicable corrective actions done in accordance with paragraphs 
(g) and (h) 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 paragraph (m) 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 December 2, 2013.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-29310 Filed 12-6-13; 8:45 am]
BILLING CODE 4910-13-P