Airworthiness Directives; The Boeing Company Airplanes, 55045-55049 [2015-22724]
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Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Proposed Rules
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55045
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Issued in Washington, DC, on September 4,
2015.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2015–23021 Filed 9–11–15; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2015–3628; Directorate
Identifier 2015–NM–025–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) 2012–12–
04, which applies to certain The Boeing
Company Model 737–300, –400, and
–500 series airplanes. AD 2012–12–04
currently requires repetitive external
detailed inspections and nondestructive
inspections to detect cracks in the
fuselage skin along the chem-mill steps
at stringers S–1 and S–2R, between
station (STA) 400 and STA 460, and
repair if necessary. Since we issued AD
2012–12–04, we have determined that,
for certain airplanes, the skin pockets
adjacent to the Air Traffic Control (ATC)
antenna are susceptible to widespread
fatigue damage. This proposed AD
would require a preventive modification
of the fuselage skin at crown stringers
S–1 and S–2R. This proposed AD would
reduce inspection thresholds and
repetitive intervals for certain airplanes.
We are proposing this AD to detect and
correct fatigue cracking of the fuselage
skin panels at the chem-mill steps,
which could result in sudden fracture
and failure of the fuselage skin panels,
SUMMARY:
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and consequent rapid decompression of
the airplane.
DATES: We must receive comments on
this proposed AD by October 29, 2015.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
• Hand Delivery: 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 proposed 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 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. It is also available
on the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2015–
3628.
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Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2015–
3628; 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:
Wayne Lockett, Aerospace Engineer,
Airframe Branch, ANM–120S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue SW., Renton, WA
98057–3356; phone: 425–917–6447; fax:
425–917–6590; email: wayne.lockett@
faa.gov.
SUPPLEMENTARY INFORMATION:
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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–2015–3628; Directorate Identifier
2015–NM–025–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD because of those
comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Discussion
On May 31, 2012, we issued AD
2012–12–04, Amendment 39–17083 (77
FR 36134, June 18, 2012), for certain
The Boeing Company Model 737–300,
–400, and –500 series airplanes. AD
2012–12–04 requires repetitive external
detailed inspections and nondestructive
inspections to detect cracks in the
fuselage skin along the chem-mill steps
at stringers S–1 and S–2R, between
station (STA) 400 and STA 460, and
repair if necessary. AD 2012–12–04
resulted from reports of crack findings
of the fuselage skin at the chem-mill
steps. We issued AD 2012–12–04 to
detect and correct fatigue cracking of the
fuselage skin panels at the chem-mill
steps, which could result in sudden
fracture and failure of the fuselage skin
panels, and consequent rapid
decompression of the airplane.
Widespread Fatigue Damage
Structural fatigue damage is
progressive. It begins as minute cracks,
and those cracks grow under the action
of repeated stresses. This can happen
because of normal operational
conditions and design attributes, or
because of isolated situations or
incidents such as material defects, poor
fabrication quality, or corrosion pits,
dings, or scratches. Fatigue damage can
occur locally, in small areas or
structural design details, or globally.
Global fatigue damage is general
degradation of large areas of structure
with similar structural details and stress
levels. Multiple-site damage is global
damage that occurs in a large structural
element such as a single rivet line of a
lap splice joining two large skin panels.
Global damage can also occur in
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multiple elements such as adjacent
frames or stringers. Multiple-sitedamage and multiple-element-damage
cracks are typically too small initially to
be reliably detected with normal
inspection methods. Without
intervention, these cracks will grow,
and eventually compromise the
structural integrity of the airplane, in a
condition known as widespread fatigue
damage (WFD). As an airplane ages,
WFD will likely occur, and will
certainly occur if the airplane is
operated long enough without any
intervention.
The FAA’s WFD final rule (75 FR
69746, November 15, 2010) became
effective on January 14, 2011. The WFD
rule requires certain actions to prevent
structural failure due to WFD
throughout the operational life of
certain existing transport category
airplanes and all of these airplanes that
will be certificated in the future. For
existing and future airplanes subject to
the WFD rule, the rule requires that
DAHs establish a limit of validity (LOV)
of the engineering data that support the
structural maintenance program.
Operators affected by the WFD rule may
not fly an airplane beyond its LOV,
unless an extended LOV is approved.
The WFD rule (75 FR 69746,
November 15, 2010) does not require
identifying and developing maintenance
actions if the DAHs can show that such
actions are not necessary to prevent
WFD before the airplane reaches the
LOV. Many LOVs, however, do depend
on accomplishment of future
maintenance actions. As stated in the
WFD rule, any maintenance actions
necessary to reach the LOV will be
mandated by airworthiness directives
through separate rulemaking actions.
In the context of WFD, this action is
necessary to enable DAHs to propose
LOVs that allow operators the longest
operational lives for their airplanes, and
still ensure that WFD will not occur.
This approach allows for an
implementation strategy that provides
flexibility to DAHs in determining the
timing of service information
development (with FAA approval),
while providing operators with certainty
regarding the LOV applicable to their
airplanes.
Actions Since AD 2012–12–04,
Amendment 39–17083 (77 FR 36134,
June 18, 2012), Was Issued
The preamble to AD 2012–12–04,
Amendment 39–17083 (77 FR 36134,
June 18, 2012), specified that we
considered the requirements ‘‘interim
action.’’ AD 2012–12–04 explained that
we might consider further rulemaking if
final action is later identified. We now
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have determined that it is necessary to
initiate further rulemaking to require
modification of the fuselage skin at
crown stringers S–1 and S–2R, and to
reduce inspection thresholds and
repetitive intervals for certain airplanes.
Related Service Information Under 1
CFR Part 51
We reviewed Boeing Alert Service
Bulletin 737–53A1293, Revision 3,
dated January 23, 2015. The service
information describes procedures for
repetitive external detailed inspections
and non-destructive inspections to
detect cracks in the fuselage skin along
the chem-mill steps at stringers S–1 and
S–2R, between STA 400 and STA 460,
and repair of any cracking. The service
information also describes procedures
for a modification of the chem-milled
steps at the locations identified,
including related investigative actions
and corrective actions. This service
information is reasonably available
because the interested parties have
access to it through their normal course
of business or by the means identified
in the ADDRESSES section of this NPRM.
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
Although this proposed AD does not
explicitly restate the requirements of AD
2012–12–04, Amendment 39–17083 (77
FR 36134, June 18, 2012), this proposed
AD would retain all of the requirements.
Those requirements are referenced in
the service information identified
previously, which, in turn, is referenced
in this proposed AD. This proposed AD
would require accomplishing the
actions specified in the service
information described previously,
except as discussed under ‘‘Difference
Between This Proposed AD and the
Service Bulletin.’’ For information on
the procedures and compliance times,
see this service information at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2015–
3628.
The phrase ‘‘related investigative
actions’’ is used in this proposed AD.
‘‘Related investigative actions’’ are
follow-on actions that (1) are related to
the primary action, and (2) further
investigate the nature of any condition
found. Related investigative actions in
an AD could include, for example,
inspections.
The phrase ‘‘corrective actions’’ is
used in this proposed AD. ‘‘Corrective
actions’’ are actions that correct or
address any condition found. Corrective
actions in an AD could include, for
example, repairs.
Explanation of Compliance Time
The compliance time for the
modification specified in this proposed
55047
AD for addressing WFD was established
to ensure that discrepant structure is
modified before WFD develops in
airplanes. Standard inspection
techniques cannot be relied on to detect
WFD before it becomes a hazard to
flight. We will not grant any extensions
of the compliance time to complete any
AD-mandated service bulletin related to
WFD without extensive new data that
would substantiate and clearly warrant
such an extension.
Difference Between This Proposed AD
and the Service Bulletin
Although Boeing Alert Service
Bulletin 737–53A1293, Revision 3,
dated January 23, 2015, specifies that
operators may contact the manufacturer
for disposition of certain repair
conditions, this proposed AD would
require repairing those conditions in
one of the following ways:
• In accordance with a method that
we approve; or
• Using data that meet the
certification basis of the airplane, and
that have been approved by the Boeing
Commercial Airplanes Organization
Designation Authorization (ODA) whom
we have authorized to make those
findings.
Costs of Compliance
We estimate that this proposed AD
affects 186 airplanes of U.S. registry.
We estimate the following costs to
comply with this proposed AD:
ESTIMATED COSTS
Action
Labor cost
Retained inspections from AD
2012–12–04, Amendment
39–17083 (77 FR 36134,
June 18, 2012).
Between 7 and 15 work-hours
× $85 per hour, depending
on airplane configuration =
between $595 and $1,275
per inspection cycle.
236 work-hours × $85 per
hour = $20,060.
New modification .....................
Parts cost
Cost per product
Cost on U.S. operators
$0
Between $595 and $1,275 per
inspection cycle.
Between $110,670 and
$237,150 per inspection
cycle.
(1)
$20,060 ...................................
$3,731,160.
1 We currently have no specific cost estimates associated with the parts necessary for the proposed modification. We cannot determine the
cost of the materials because the modification parts must be sized at the time the modification is installed, taking into account any existing repairs in the area.
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We have received no definitive data
that would enable us to provide a cost
estimate for the on-condition actions
specified in this proposed AD.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
Section 106, describes the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
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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
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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
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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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by
removing Airworthiness Directive (AD)
2012–12–04, Amendment 39–17083 (77
FR 36134, June 18, 2012), and adding
the following new AD:
■
The Boeing Company: Docket No. FAA–
2015–3628; Directorate Identifier 2015–
NM–025–AD.
(a) Comments Due Date
The FAA must receive comments on this
AD action by October 29, 2015.
(b) Affected ADs
This AD replaces AD 2012–12–04,
Amendment 39–17083 (77 FR 36134, June
18, 2012).
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(c) Applicability
This AD applies to The Boeing Company
Model 737–300, –400, and –500 series
airplanes, certificated in any category, as
identified in Boeing Alert Service Bulletin
737–53A1293, Revision 3, dated January 23,
2015.
(d) Subject
Air Transport Association (ATA) of
America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by reports of cracks
found on the fuselage skin at the chem-mill
steps, and the determination that, for certain
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airplanes, the skin pockets adjacent to the Air
Traffic Control (ATC) antenna are susceptible
to widespread fatigue damage. We are issuing
this AD to detect and correct fatigue cracking
of the fuselage skin panels at the chem-mill
steps, which could result in sudden fracture
and failure of the fuselage skin panels, and
consequent rapid decompression of the
airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Inspections
At the applicable time specified in tables
1, 2, 3, and 5 of paragraph 1.E.,
‘‘Compliance,’’ of Boeing Alert Service
Bulletin 737–53A1293, Revision 3, dated
January 23, 2015, except as required by
paragraphs (j)(1) and (j)(2) of this AD: Do the
actions specified in paragraphs (g)(1) and
(g)(2) of this AD, in accordance with the
Accomplishment Instructions of Boeing Alert
Service Bulletin 737–53A1293, Revision 3,
dated January 23, 2015, except as required by
paragraph (j)(3) of this AD. Repeat the
applicable inspections thereafter at the
applicable times specified in paragraph 1.E.,
‘‘Compliance,’’ of Boeing Alert Service
Bulletin 737–53A1293, Revision 3, dated
January 23, 2015.
(1) Do an external detailed inspection for
cracking of the fuselage skin chem-mill steps.
(2) Do an external non-destructive
(medium frequency eddy current, magneto
optical imaging, C-Scan, or ultrasonic phased
array) inspection for cracking of the fuselage
skin chem-mill steps.
(h) Preventive Modification or Repair
If any cracking is found during any
inspection required by paragraph (g) of this
AD, do the applicable actions specified in
paragraph (h)(1) or (h)(2) of this AD.
(1) Repair before further flight in
accordance with Part 2 of the
Accomplishment Instructions of Boeing Alert
Service Bulletin 737–53A1293, Revision 3,
dated January 23, 2015.
(2) At the applicable time specified in
tables 1, 2, 3, and 5 of paragraph 1.E.,
‘‘Compliance,’’ of Boeing Alert Service
Bulletin 737–53A1293, Revision 3, dated
January 23, 2015, except as required by
paragraphs (j)(1) and (j)(2) of this AD: Do a
preventive modification of the fuselage skin
at crown stringers S–1 and S–2R, including
all applicable related investigative actions in
accordance with Part 9 of the
Accomplishment Instructions of Boeing Alert
Service Bulletin 737–53A1293, Revision 3,
dated January 23, 2015. Do all applicable
related investigative actions concurrently
with the modification.
(i) Post-Repair Inspections/Post-Modification
Inspections
The post-repair/post-modification
inspections specified in tables 4 and 6 of
paragraph 1.E., ‘‘Compliance,’’ of Boeing
Alert Service Bulletin 737–53A1293,
Revision 3, dated January 23, 2015, are not
required by this AD.
Note 1 to paragraph (h) of this AD: The
post-repair/post-modification inspections
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specified in tables 4 and 6 of paragraph 1.E.,
‘‘Compliance,’’ of Boeing Alert Service
Bulletin 737–53A1293, Revision 3, dated
January 23, 2015, may be used in support of
compliance with section 121.1109(c)(2) or
129.109(c)(2) of the Federal Aviation
Regulations (14 CFR 121.1109(c)(2) or 14 CFR
129.109(c)(2)). The corresponding actions
specified in the Accomplishment
Instructions of Boeing Alert Service Bulletin
737–53A1293, Revision 3, dated January 23,
2015, are not required by this AD.
(j) Exceptions to Service Bulletin
Specifications
(1) Where Boeing Alert Service Bulletin
737–53A1293, Revision 3, dated January 23,
2015, specifies a compliance time ‘‘after the
Revision 3 date of this service bulletin,’’ this
AD requires compliance within the specified
compliance time after the effective date of
this AD.
(2) Where the Condition column of
paragraph 1.E., ‘‘Compliance,’’ of Boeing
Alert Service Bulletin 737–53A1293,
Revision 3, dated January 23, 2015, specifies
a condition based on when an airplane has
or has not been inspected, this AD bases the
condition on whether an airplane has or has
not been inspected on the effective date of
this AD.
(3) Where Boeing Alert Service Bulletin
737–53A1293, Revision 3, dated January 23,
2015, specifies to contact Boeing for repair
instructions: Before further flight, repair
using a method approved in accordance with
the procedures specified in paragraph (k) of
this AD.
(k) Credit for Previous Actions
(1) This paragraph provides credit for
actions required by paragraphs (g) and (h) of
this AD, if those actions were performed
before July 23, 2012 (the effective date of AD
2012–12–04, Amendment 39–17083 (77 FR
36134, June 18, 2012)), using Boeing Alert
Service Bulletin 737–53A1293, Revision 1,
dated July 7, 2010, which is not incorporated
by reference in this AD.
(2) This paragraph provides credit for
actions required by paragraphs (g) and (h) of
this AD, if those actions were performed
before the effective date of this AD using
Boeing Alert Service Bulletin 737–53A1293,
Revision 2, dated August 10, 2011, which
was incorporated by reference in AD 2012–
12–04, Amendment 39–17083 (77 FR 36134,
June 18, 2012).
(l) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Los Angeles 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 (l)(1) of this AD. Information may
be emailed to: 9-ANM-LAACO-AMOCRequests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
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Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Proposed Rules
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, Los Angeles
ACO, to make those findings. For a repair
method to be approved, the repair must meet
the certification basis of the airplane, and the
approval must specifically refer to this AD.
(4) AMOCs approved for AD 2012–12–04,
Amendment 39–17083 (77 FR 36134, June
18, 2012), are approved as AMOCs for the
corresponding provisions of paragraph (g) of
this AD.
(m) Related Information
(1) For more information about this AD,
contact Wayne Lockett, Aerospace Engineer,
Airframe Branch, ANM–120S, FAA, Seattle
ACO, 1601 Lind Avenue SW., Renton, WA
98057–3356; phone: 425–917–6447; fax: 425–
917–6590; email: wayne.lockett@faa.gov.
(2) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H–65,
Seattle, WA 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.
Issued in Renton, Washington, on
September 1, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2015–22724 Filed 9–11–15; 8:45 am]
BILLING CODE 4910–13–P
Send comments on this
proposal to the U.S. Department of
Transportation, Docket Operations, M–
30, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12–140,
Washington, DC 20590–0001; telephone:
(202) 366–9826. You must identify FAA
Docket No. FAA–2015–3361 and
Airspace Docket No. 15–AEA–4 at the
beginning of your comments. You may
also submit comments through the
Internet at https://www.regulations.gov.
FAA Order 7400.9Y, Airspace
Designations and Reporting Points, and
subsequent amendments can be viewed
online at https://www.faa.gov/air_traffic/
publications/. For further information,
you can contact the Airspace Policy and
Regulations Group, Federal Aviation
Administration, 800 Independence
Avenue, SW., Washington, DC, 20591;
telephone: 202–267–8783. The Order is
also available for inspection at the
National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to https://www.archives.gov/
federal_register/code_of_federalregulations/ibr_locations.html.
FAA Order 7400.9, Airspace
Designations and Reporting Points, is
published yearly and effective on
September 15.
FOR FURTHER INFORMATION CONTACT: Paul
Gallant, Airspace Policy and
Regulations Group, Office of Airspace
Services, Federal Aviation
Administration, 800 Independence
Avenue SW., Washington, DC 20591;
telephone: (202) 267–8783.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
DEPARTMENT OF TRANSPORTATION
Authority for This Rulemaking
Federal Aviation Administration
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
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. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of the airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it modifies the
air traffic service route structure in the
northeast United States to maintain the
efficient flow of air traffic.
14 CFR Part 71
[Docket No. FAA–2015–3361; Airspace
Docket No. 15–AEA–4]
RIN 2120–AA66
Proposed Amendment of Air Traffic
Service (ATS) Routes; Northeast
United States
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
tkelley on DSK3SPTVN1PROD with PROPOSALS
AGENCY:
This action proposes to
modify jet routes J–6, J–97, and J–222,
and VOR Federal airways V–196, and
V–489, in the northeastern United States
due to the planned decommissioning of
the Plattsburgh, NY, VORTAC facility.
DATES: Comments must be received on
or before October 29, 2015.
SUMMARY:
VerDate Sep<11>2014
16:52 Sep 11, 2015
Jkt 235001
Comments Invited
Interested parties are invited to
participate in this proposed rulemaking
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
55049
by submitting such written data, views,
or arguments as they may desire.
Comments that provide the factual basis
supporting the views and suggestions
presented are particularly helpful in
developing reasoned regulatory
decisions on the proposal. Comments
are specifically invited on the overall
regulatory, aeronautical, economic,
environmental, and energy-related
aspects of the proposal.
Communications should identify both
docket numbers (FAA Docket No. FAA–
2015–3361 and Airspace Docket No. 15–
AEA–4) and be submitted in triplicate to
the Docket Management Facility (see
ADDRESSES section for address and
phone number). You may also submit
comments through the Internet at
https://www.regulations.gov.
Commenters wishing the FAA to
acknowledge receipt of their comments
on this action must submit with those
comments a self-addressed, stamped
postcard on which the following
statement is made: ‘‘Comments to FAA
Docket No. FAA–2015–3361 and
Airspace Docket No. 15–AEA–4.’’ The
postcard will be date/time stamped and
returned to the commenter.
All communications received on or
before the specified comment closing
date will be considered before taking
action on the proposed rule. The
proposal contained in this action may
be changed in light of comments
received. All comments submitted will
be available for examination in the
public docket both before and after the
comment closing date. A report
summarizing each substantive public
contact with FAA personnel concerned
with this rulemaking will be filed in the
docket.
Availability of NPRMs
An electronic copy of this document
may be downloaded through the
Internet at https://www.regulations.gov.
You may review the public docket
containing the proposal, any comments
received and any final disposition in
person in the Dockets Office (see
ADDRESSES section for address and
phone number) between 9:00 a.m. and
5:00 p.m., Monday through Friday,
except Federal holidays. An informal
docket may also be examined during
normal business hours at the office of
the Eastern Service Center, Federal
Aviation Administration, Room 210,
1701 Columbia Ave., College Park, GA,
30337.
Persons interested in being placed on
a mailing list for future NPRMs should
contact the FAA’s Office of Rulemaking,
(202) 267–9677, for a copy of Advisory
Circular No. 11–2A, Notice of Proposed
E:\FR\FM\14SEP1.SGM
14SEP1
Agencies
[Federal Register Volume 80, Number 177 (Monday, September 14, 2015)]
[Proposed Rules]
[Pages 55045-55049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-22724]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2015-3628; Directorate Identifier 2015-NM-025-AD]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to supersede Airworthiness Directive (AD) 2012-12-
04, which applies to certain The Boeing Company Model 737-300, -400,
and -500 series airplanes. AD 2012-12-04 currently requires repetitive
external detailed inspections and nondestructive inspections to detect
cracks in the fuselage skin along the chem-mill steps at stringers S-1
and S-2R, between station (STA) 400 and STA 460, and repair if
necessary. Since we issued AD 2012-12-04, we have determined that, for
certain airplanes, the skin pockets adjacent to the Air Traffic Control
(ATC) antenna are susceptible to widespread fatigue damage. This
proposed AD would require a preventive modification of the fuselage
skin at crown stringers S-1 and S-2R. This proposed AD would reduce
inspection thresholds and repetitive intervals for certain airplanes.
We are proposing this AD to detect and correct fatigue cracking of the
fuselage skin panels at the chem-mill steps, which could result in
sudden fracture and failure of the fuselage skin panels,
[[Page 55046]]
and consequent rapid decompression of the airplane.
DATES: We must receive comments on this proposed AD by October 29,
2015.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
Hand Delivery: 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 proposed 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 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. It is also available on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3628.
Examining the AD Docket
You may examine the AD docket on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3628; 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: Wayne Lockett, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6447; fax:
425-917-6590; email: wayne.lockett@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-2015-3628;
Directorate Identifier 2015-NM-025-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
On May 31, 2012, we issued AD 2012-12-04, Amendment 39-17083 (77 FR
36134, June 18, 2012), for certain The Boeing Company Model 737-300, -
400, and -500 series airplanes. AD 2012-12-04 requires repetitive
external detailed inspections and nondestructive inspections to detect
cracks in the fuselage skin along the chem-mill steps at stringers S-1
and S-2R, between station (STA) 400 and STA 460, and repair if
necessary. AD 2012-12-04 resulted from reports of crack findings of the
fuselage skin at the chem-mill steps. We issued AD 2012-12-04 to detect
and correct fatigue cracking of the fuselage skin panels at the chem-
mill steps, which could result in sudden fracture and failure of the
fuselage skin panels, and consequent rapid decompression of the
airplane.
Widespread Fatigue Damage
Structural fatigue damage is progressive. It begins as minute
cracks, and those cracks grow under the action of repeated stresses.
This can happen because of normal operational conditions and design
attributes, or because of isolated situations or incidents such as
material defects, poor fabrication quality, or corrosion pits, dings,
or scratches. Fatigue damage can occur locally, in small areas or
structural design details, or globally. Global fatigue damage is
general degradation of large areas of structure with similar structural
details and stress levels. Multiple-site damage is global damage that
occurs in a large structural element such as a single rivet line of a
lap splice joining two large skin panels. Global damage can also occur
in multiple elements such as adjacent frames or stringers. Multiple-
site-damage and multiple-element-damage cracks are typically too small
initially to be reliably detected with normal inspection methods.
Without intervention, these cracks will grow, and eventually compromise
the structural integrity of the airplane, in a condition known as
widespread fatigue damage (WFD). As an airplane ages, WFD will likely
occur, and will certainly occur if the airplane is operated long enough
without any intervention.
The FAA's WFD final rule (75 FR 69746, November 15, 2010) became
effective on January 14, 2011. The WFD rule requires certain actions to
prevent structural failure due to WFD throughout the operational life
of certain existing transport category airplanes and all of these
airplanes that will be certificated in the future. For existing and
future airplanes subject to the WFD rule, the rule requires that DAHs
establish a limit of validity (LOV) of the engineering data that
support the structural maintenance program. Operators affected by the
WFD rule may not fly an airplane beyond its LOV, unless an extended LOV
is approved.
The WFD rule (75 FR 69746, November 15, 2010) does not require
identifying and developing maintenance actions if the DAHs can show
that such actions are not necessary to prevent WFD before the airplane
reaches the LOV. Many LOVs, however, do depend on accomplishment of
future maintenance actions. As stated in the WFD rule, any maintenance
actions necessary to reach the LOV will be mandated by airworthiness
directives through separate rulemaking actions.
In the context of WFD, this action is necessary to enable DAHs to
propose LOVs that allow operators the longest operational lives for
their airplanes, and still ensure that WFD will not occur. This
approach allows for an implementation strategy that provides
flexibility to DAHs in determining the timing of service information
development (with FAA approval), while providing operators with
certainty regarding the LOV applicable to their airplanes.
Actions Since AD 2012-12-04, Amendment 39-17083 (77 FR 36134, June 18,
2012), Was Issued
The preamble to AD 2012-12-04, Amendment 39-17083 (77 FR 36134,
June 18, 2012), specified that we considered the requirements ``interim
action.'' AD 2012-12-04 explained that we might consider further
rulemaking if final action is later identified. We now
[[Page 55047]]
have determined that it is necessary to initiate further rulemaking to
require modification of the fuselage skin at crown stringers S-1 and S-
2R, and to reduce inspection thresholds and repetitive intervals for
certain airplanes.
Related Service Information Under 1 CFR Part 51
We reviewed Boeing Alert Service Bulletin 737-53A1293, Revision 3,
dated January 23, 2015. The service information describes procedures
for repetitive external detailed inspections and non-destructive
inspections to detect cracks in the fuselage skin along the chem-mill
steps at stringers S-1 and S-2R, between STA 400 and STA 460, and
repair of any cracking. The service information also describes
procedures for a modification of the chem-milled steps at the locations
identified, including related investigative actions and corrective
actions. This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section of this
NPRM.
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
Although this proposed AD does not explicitly restate the
requirements of AD 2012-12-04, Amendment 39-17083 (77 FR 36134, June
18, 2012), this proposed AD would retain all of the requirements. Those
requirements are referenced in the service information identified
previously, which, in turn, is referenced in this proposed AD. This
proposed AD would require accomplishing the actions specified in the
service information described previously, except as discussed under
``Difference Between This Proposed AD and the Service Bulletin.'' For
information on the procedures and compliance times, see this service
information at https://www.regulations.gov by searching for and locating
Docket No. FAA-2015-3628.
The phrase ``related investigative actions'' is used in this
proposed AD. ``Related investigative actions'' are follow-on actions
that (1) are related to the primary action, and (2) further investigate
the nature of any condition found. Related investigative actions in an
AD could include, for example, inspections.
The phrase ``corrective actions'' is used in this proposed AD.
``Corrective actions'' are actions that correct or address any
condition found. Corrective actions in an AD could include, for
example, repairs.
Explanation of Compliance Time
The compliance time for the modification specified in this proposed
AD for addressing WFD was established to ensure that discrepant
structure is modified before WFD develops in airplanes. Standard
inspection techniques cannot be relied on to detect WFD before it
becomes a hazard to flight. We will not grant any extensions of the
compliance time to complete any AD-mandated service bulletin related to
WFD without extensive new data that would substantiate and clearly
warrant such an extension.
Difference Between This Proposed AD and the Service Bulletin
Although Boeing Alert Service Bulletin 737-53A1293, Revision 3,
dated January 23, 2015, specifies that operators may contact the
manufacturer for disposition of certain repair conditions, this
proposed AD would require repairing those conditions in one of the
following ways:
In accordance with a method that we approve; or
Using data that meet the certification basis of the
airplane, and that have been approved by the Boeing Commercial
Airplanes Organization Designation Authorization (ODA) whom we have
authorized to make those findings.
Costs of Compliance
We estimate that this proposed AD affects 186 airplanes of U.S.
registry.
We estimate the following costs to comply with this proposed AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Retained inspections from AD 2012- Between 7 and 15 $0 Between $595 and Between $110,670 and
12-04, Amendment 39-17083 (77 FR work-hours x $85 $1,275 per $237,150 per
36134, June 18, 2012). per hour, depending inspection cycle. inspection cycle.
on airplane
configuration =
between $595 and
$1,275 per
inspection cycle.
New modification................. 236 work-hours x $85 (\1\) $20,060............. $3,731,160.
per hour = $20,060.
----------------------------------------------------------------------------------------------------------------
\1\ We currently have no specific cost estimates associated with the parts necessary for the proposed
modification. We cannot determine the cost of the materials because the modification parts must be sized at
the time the modification is installed, taking into account any existing repairs in the area.
We have received no definitive data that would enable us to provide
a cost estimate for the on-condition actions specified in this proposed
AD.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have determined that this 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
[[Page 55048]]
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)
2012-12-04, Amendment 39-17083 (77 FR 36134, June 18, 2012), and adding
the following new AD:
The Boeing Company: Docket No. FAA-2015-3628; Directorate Identifier
2015-NM-025-AD.
(a) Comments Due Date
The FAA must receive comments on this AD action by October 29,
2015.
(b) Affected ADs
This AD replaces AD 2012-12-04, Amendment 39-17083 (77 FR 36134,
June 18, 2012).
(c) Applicability
This AD applies to The Boeing Company Model 737-300, -400, and -
500 series airplanes, certificated in any category, as identified in
Boeing Alert Service Bulletin 737-53A1293, Revision 3, dated January
23, 2015.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by reports of cracks found on the fuselage
skin at the chem-mill steps, and the determination that, for certain
airplanes, the skin pockets adjacent to the Air Traffic Control
(ATC) antenna are susceptible to widespread fatigue damage. We are
issuing this AD to detect and correct fatigue cracking of the
fuselage skin panels at the chem-mill steps, which could result in
sudden fracture and failure of the fuselage skin panels, and
consequent rapid decompression of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Inspections
At the applicable time specified in tables 1, 2, 3, and 5 of
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
737-53A1293, Revision 3, dated January 23, 2015, except as required
by paragraphs (j)(1) and (j)(2) of this AD: Do the actions specified
in paragraphs (g)(1) and (g)(2) of this AD, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
53A1293, Revision 3, dated January 23, 2015, except as required by
paragraph (j)(3) of this AD. Repeat the applicable inspections
thereafter at the applicable times specified in paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 737-53A1293,
Revision 3, dated January 23, 2015.
(1) Do an external detailed inspection for cracking of the
fuselage skin chem-mill steps.
(2) Do an external non-destructive (medium frequency eddy
current, magneto optical imaging, C-Scan, or ultrasonic phased
array) inspection for cracking of the fuselage skin chem-mill steps.
(h) Preventive Modification or Repair
If any cracking is found during any inspection required by
paragraph (g) of this AD, do the applicable actions specified in
paragraph (h)(1) or (h)(2) of this AD.
(1) Repair before further flight in accordance with Part 2 of
the Accomplishment Instructions of Boeing Alert Service Bulletin
737-53A1293, Revision 3, dated January 23, 2015.
(2) At the applicable time specified in tables 1, 2, 3, and 5 of
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
737-53A1293, Revision 3, dated January 23, 2015, except as required
by paragraphs (j)(1) and (j)(2) of this AD: Do a preventive
modification of the fuselage skin at crown stringers S-1 and S-2R,
including all applicable related investigative actions in accordance
with Part 9 of the Accomplishment Instructions of Boeing Alert
Service Bulletin 737-53A1293, Revision 3, dated January 23, 2015. Do
all applicable related investigative actions concurrently with the
modification.
(i) Post-Repair Inspections/Post-Modification Inspections
The post-repair/post-modification inspections specified in
tables 4 and 6 of paragraph 1.E., ``Compliance,'' of Boeing Alert
Service Bulletin 737-53A1293, Revision 3, dated January 23, 2015,
are not required by this AD.
Note 1 to paragraph (h) of this AD: The post-repair/post-
modification inspections specified in tables 4 and 6 of paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-53A1293,
Revision 3, dated January 23, 2015, may be used in support of
compliance with section 121.1109(c)(2) or 129.109(c)(2) of the
Federal Aviation Regulations (14 CFR 121.1109(c)(2) or 14 CFR
129.109(c)(2)). The corresponding actions specified in the
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
53A1293, Revision 3, dated January 23, 2015, are not required by
this AD.
(j) Exceptions to Service Bulletin Specifications
(1) Where Boeing Alert Service Bulletin 737-53A1293, Revision 3,
dated January 23, 2015, specifies a compliance time ``after the
Revision 3 date of this service bulletin,'' this AD requires
compliance within the specified compliance time after the effective
date of this AD.
(2) Where the Condition column of paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 737-53A1293,
Revision 3, dated January 23, 2015, specifies a condition based on
when an airplane has or has not been inspected, this AD bases the
condition on whether an airplane has or has not been inspected on
the effective date of this AD.
(3) Where Boeing Alert Service Bulletin 737-53A1293, Revision 3,
dated January 23, 2015, specifies to contact Boeing for repair
instructions: Before further flight, repair using a method approved
in accordance with the procedures specified in paragraph (k) of this
AD.
(k) Credit for Previous Actions
(1) This paragraph provides credit for actions required by
paragraphs (g) and (h) of this AD, if those actions were performed
before July 23, 2012 (the effective date of AD 2012-12-04, Amendment
39-17083 (77 FR 36134, June 18, 2012)), using Boeing Alert Service
Bulletin 737-53A1293, Revision 1, dated July 7, 2010, which is not
incorporated by reference in this AD.
(2) This paragraph provides credit for actions required by
paragraphs (g) and (h) of this AD, if those actions were performed
before the effective date of this AD using Boeing Alert Service
Bulletin 737-53A1293, Revision 2, dated August 10, 2011, which was
incorporated by reference in AD 2012-12-04, Amendment 39-17083 (77
FR 36134, June 18, 2012).
(l) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Los Angeles 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 (l)(1) of this AD.
Information may be emailed to: 9-ANM-LAACO-AMOC-Requests@faa.gov.
(2) Before using any approved AMOC, notify your appropriate
principal inspector,
[[Page 55049]]
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, Los Angeles ACO, to
make those findings. For a repair method to be approved, the repair
must meet the certification basis of the airplane, and the approval
must specifically refer to this AD.
(4) AMOCs approved for AD 2012-12-04, Amendment 39-17083 (77 FR
36134, June 18, 2012), are approved as AMOCs for the corresponding
provisions of paragraph (g) of this AD.
(m) Related Information
(1) For more information about this AD, contact Wayne Lockett,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle ACO,
1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6447;
fax: 425-917-6590; email: wayne.lockett@faa.gov.
(2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 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.
Issued in Renton, Washington, on September 1, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-22724 Filed 9-11-15; 8:45 am]
BILLING CODE 4910-13-P