Airworthiness Directives; The Boeing Company Airplanes, 14711-14716 [2016-05842]
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(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Boeing Alert Service Bulletin 747–
53A2808, dated November 30, 2012.
(ii) Boeing Service Bulletin 747–53A2465,
Revision 5, dated July 11, 2013.
(iii) Boeing Service Bulletin 747–53A2562,
Revision 3, dated July 11, 2013.
(3) For Boeing service information
identified in this AD, contact Boeing
Commercial Airplanes, Attention: Data &
Services Management, P.O. Box 3707, MC
2H–65, Seattle, WA 98124–2207; telephone
206–544–5000, extension 1; fax 206–766–
5680; Internet https://
www.myboeingfleet.com.
(4) You may view this 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.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on March 9,
2016.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2016–06001 Filed 3–17–16; 8:45 am]
BILLING CODE 4910–13–P
actions if necessary. This AD also
provides an optional preventive
modification that terminates the
inspections at the modified location. We
are issuing this AD to detect and correct
fatigue cracking around fastener
locations that could cause multiple
window corner skin cracks, which
could result in rapid decompression and
loss of structural integrity of the
airplane.
This AD is effective April 22,
2016.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of April 22, 2016.
DATES:
For service information
identified in this final rule, 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–
0495.
ADDRESSES:
Examining the AD Docket
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2015–0495; Directorate
Identifier 2014–NM–172–AD; Amendment
39–18435; AD 2016–06–04]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for certain
The Boeing Company Model 737–300,
–400, and –500 series airplanes. This
AD was prompted by reports of cracking
at certain fastener locations in the
window corners of the window belt
area. This AD requires repetitive high
frequency eddy current (HFEC)
inspections for fatigue cracking in
certain fastener locations in the window
corners of the window belt area, and
related investigative and corrective
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SUMMARY:
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You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2015–
0495; or in person at the Docket
Management Facility between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this AD, the regulatory
evaluation, any comments received, and
other information. The address for the
Docket Office (phone: 800–647–5527) is
Docket Management Facility, U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE., Washington,
DC 20590.
FOR FURTHER INFORMATION CONTACT:
Jennifer Tsakoumakis, Aerospace
Engineer, Airframe Branch, ANM–120L,
FAA, Los Angeles Aircraft Certification
Office (ACO), 3960 Paramount
Boulevard, Lakewood, CA 90712–4137;
phone: 562–627–5264; fax: 562–627–
5210; email: jennifer.tsakoumakis@
faa.gov.
SUPPLEMENTARY INFORMATION:
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14711
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to certain The Boeing Company
Model 737–300, –400, and –500 series
airplanes. The NPRM published in the
Federal Register on March 24, 2015 (80
FR 15523) (‘‘the NPRM’’). The NPRM
was prompted by reports of cracking at
certain fastener locations in the window
corners of the window belt area. The
NPRM proposed to require repetitive
HFEC inspections for fatigue cracking in
certain fastener locations in the window
corners of the window belt area, and
related investigative and corrective
actions if necessary. We are issuing this
AD to detect and correct fatigue
cracking around fastener locations that
could cause multiple window corner
skin cracks, which could result in rapid
decompression and loss of structural
integrity of the airplane.
Comments
We gave the public the opportunity to
participate in developing this AD. The
following presents the comments
received on the NPRM and the FAA’s
response to each comment.
Request for Clarification of Location of
the Twelve Fastener Inspections
Southwest Airlines (SWA) requested
that a correction be made to paragraph
(g) of the proposed AD to clarify the
areas for the inspection of the twelve
fastener locations. SWA noted that
paragraph (g) of the proposed AD stated
to inspect locations ‘‘at the upper
forward and lower aft corners of each
window between station (STA) 360 and
STA 540 and between STA 727 and
STA 908.’’ SWA stated that between
STA 727 and STA 908, Boeing Alert
Service Bulletin 737–53A1328, dated
July 22, 2014, specifies the location as
the lower forward and upper aft corners.
We agree with the commenter for the
reason provided. We have revised
paragraph (g) of this AD to require an
inspection of the twelve fastener
locations at the upper forward and
lower aft corners of each window
between STA 360 and STA 540 and at
the upper aft and lower forward corners
of each window between STA 727 and
STA 908.
Request for Clarification of the Intent of
the Inspection Requirements in
Paragraph (g) of the Proposed AD
SWA requested that we clarify the
intent of paragraph (g) of the proposed
AD. SWA stated that paragraph (g) of
the proposed AD states to accomplish
the inspections at the times specified in
tables 1 and 2 of paragraph 1.E.,
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‘‘Compliance,’’ of Boeing Alert Service
Bulletin 737–53A1328, dated July 22,
2014, and then repeat the inspections at
the applicable times specified in tables
1 and 2 until ‘‘the terminating action in
paragraph (h) of this AD is
accomplished,’’ which is the optional
preventive modification in Part 3 of the
Accomplishment Instructions of Boeing
Alert Service Bulletin 737–53A1328,
dated July 22, 2014. SWA stated that,
per note (b) in tables 1 and 2,
accomplishment of the preventive
modification in accordance with Boeing
Alert Service Bulletin 737–53A1328,
dated July 22, 2014, is terminating
action for both the initial and repeat
inspections at the modified locations.
SWA stated that paragraph (g) of the
proposed AD does not mention the
option to accomplish the actions
specified in paragraph (h) of the
proposed AD in lieu of the initial
inspection specified in paragraph (g) of
this AD; it only states to ‘‘repeat the
inspections . . . until the terminating
action specified in paragraph (h) of this
AD is done.’’ SWA noted it is unclear
if the intent of paragraph (g) of this AD
is to require accomplishment of the Part
1 external surface HFEC inspections of
the skin prior to accomplishing the Part
3 preventive modification instructions,
or if the intent of paragraph (g) of the
proposed AD is to provide the operator
the option to accomplish paragraph (h)
of the proposed AD (preventive
modification) in lieu of accomplishing
paragraph (g) of the proposed AD
(inspections), since the Part 3
modification instructions include open
hole HFEC inspections of the skin.
We agree to provide clarification.
Paragraph (g) of this AD is not required
at the time of accomplishment of the
preventive modification specified in
paragraph (h) of this AD. Paragraph (h)
of this AD states that the preventive
modification (including all applicable
related investigative and corrective
actions) terminates the inspections in
paragraph (g) of this AD. This means all
inspections (initial and repetitive) in
paragraph (g) of this AD are not required
if paragraph (h) of this AD is done. We
have not changed this AD in this regard.
Request for Clarification of Existing
Repairs
SWA requested clarification about
existing repairs that meet the
requirements of note (a) in tables 1 and
2 of paragraph l.E., ‘‘Compliance,’’ of
Boeing Alert Service Bulletin 737–
53A1328, dated July 22, 2014. SWA also
requested to extend the note to apply to
existing repairs that address damage
other than cracking, provided that the
repairs are evaluated and approved by
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Boeing via an FAA Form 8100–9. In
addition, SWA requested we clarify
whether note (a) applies only to
reinforcing repairs that encompass all
twelve fastener locations at a window
corner, or if note (a) also applies to
existing non-reinforcing oversize hole
repairs.
We partially agree with the
commenter. We agree with adding a
paragraph to this AD to provide credit
for previously approved repairs to
address cracking issues, because Boeing
Organization Designation Authorization
(ODA) approved repairs installed prior
the effective date of this AD are
acceptable for terminating the initial
and repetitive inspections in the area
under the repair. We disagree with
allowing any other repair as an
alternative method of compliance
(AMOC) because other repairs may or
may not address the cracking issue.
However, operators may request
approval of an AMOC for these repairs
using the procedures specified in
paragraph (l) of this AD.
We have added new paragraph (g)(1)
to this AD to specify that the
inspections required by the introductory
text of paragraph (g) of this AD may be
terminated in areas with repairs
installed prior to the effective date of
this AD, provided the repairs are
reinforcing and address the cracking
issue addressed in this AD, and
installation was approved by the Boeing
Commercial Airplanes ODA via FAA
Form 8100–9.
Request for Clarification of the
Termination of Inspection for Repaired
Area for Group 1 Airplanes
All Nippon Airways (ANA) requested
we clarify if, for Group 1 airplanes as
identified in paragraph 1.A.1
‘‘Effectivity,’’ of Boeing Alert Service
Bulletin 737–53A1328, dated July 22,
2014, areas repaired using Boeing Alert
Service Bulletin 737–53A1328, dated
July 22, 2014, is terminating action for
the repaired area. ANA pointed out that
table 1 of Boeing Alert Service Bulletin
737–53A1328, dated July 22, 2014,
includes this wording.
We agree to provide clarification.
Accomplishing a repair in accordance
with Part 6 of the Accomplishment
Instructions of Boeing Alert Service
Bulletin 737–53A1328, dated July 22,
2014, also terminates the inspection of
the repaired area for Group 1 airplanes.
We have added new paragraph (g)(2) to
this AD to specify that repairs done in
accordance with Part 6 of the
Accomplishment Instructions of Boeing
Alert Service Bulletin 737–53A1328,
dated July 22, 2014, terminate the
inspection required by paragraph (g) of
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this AD in only the repaired area for
Group 1 airplanes only.
Request To Include Provisions for
Airplanes Previously Inspected,
Modified, and/or Repaired
SWA requested that we revise the
NPRM to include provisions for
airplanes that were previously
inspected, modified, and/or repaired
using step 3 of the Accomplishment
Instructions of Boeing Service Bulletin
737–53–1306, dated September 22,
2010; Revision 1, dated March 17, 2010;
Revision 2, dated October 25, 2011; or
Revision 3, dated January 22, 2014; as
terminating action for the inspections
required by paragraph (g) of the
proposed AD, as well as any
documented deviations that were
approved by the Boeing ODA via an
FAA Form 8100–9.
SWA stated that step 3 of Boeing
Service Bulletin 737–53–1306 (all
revisions) includes inspection,
preventive modification, and repair
instructions for the window corner
locations addressed by the proposed
AD. Figures 8 through 10 of Boeing
Service Bulletin 737–53–1306 (all
revisions) provide inspection and
preventive modification instructions,
which also include instructions for a
fastener oversize repair, edge margin
requirements, and window forging
replacement. Figures 13 through 18
provide external reinforcing repair
instructions. Figures 40 through 43 were
added in Boeing Service Bulletin 737–
53–1306, Revision 3, dated January 22,
2014, to incorporate the option to
replace the window belt panels in lieu
of accomplishing the window corner
inspections, preventive modification,
and approved repairs. SWA stated that
it considers the instructions in Step 3 of
Boeing Service Bulletin 737–53–1306
(all revisions) to meet the intent of the
proposed AD since the instructions
address and eliminate the unsafe
condition that prompted the proposed
AD.
We do not agree to revise this AD
because Boeing Service Bulletin 737–
53–1306 is specific for SWA. We do not
consider it appropriate to include
various provisions in an AD applicable
only to a single operator’s unique
configuration of affected airplanes.
However, SWA may submit a request for
an approval of an AMOC using the
procedures specified in paragraph (l) of
this AD. We have not changed this AD
in this regard.
Requests To Clarify Required Actions
SWA and ANA requested that we
clarify which actions specified in
Boeing Alert Service Bulletin 737–
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53A1328, dated July 22, 2014, are
required. SWA stated that paragraph
(j)(3) of the proposed AD (paragraph
(l)(3) in this AD) indicates that steps
identified as ‘‘RC’’ (Required for
Compliance) in Boeing Alert Service
Bulletin 737–53A1328, dated July 22,
2014, must be accomplished ‘‘in order
to comply with this AD.’’
The commenters noted that there are
‘‘RC’’ steps in Boeing Alert Service
Bulletin 737–53A1328, dated July 22,
2014, that are not clearly addressed in
the proposed AD. SWA noted that Parts
7 and 8 of Boeing Alert Service Bulletin
737–53A1328, dated July 22, 2014,
contain steps that are identified as
‘‘RC;’’ however, the proposed AD does
not mention the compliance times for
these actions. SWA stated that Part 7 of
Boeing Alert Service Bulletin 737–
53A1328, dated July 22, 2014, provides
window frame replacement instructions,
and steps 5 and 6 in Part 8 of Boeing
Alert Service Bulletin 737–53A1328,
dated July 22, 2014, provide post-repair/
post-modification inspection
instructions for window frames with
short edge margin conditions at the
compliance times specified in tables 3,
4, and 8 of Boeing Alert Service Bulletin
737–53A1328, dated July 22, 2014. SWA
assumed that actions identified in Table
3 and Table 8 are not required for
compliance and that the actions
identified in Table 4 are required for
compliance. SWA also pointed out that
step 10 of Part 2 of Boeing Alert Service
Bulletin 737–53A1328, dated July 22,
2014, is not ‘‘RC,’’ but could result in
accomplishment of Part 7 of Boeing
Alert Service Bulletin 737–53A1328,
dated July 22, 2014, which has ‘‘RC’’
steps.
We agree to clarify the actions
required by this AD. The postmodification and post-repair
inspections identified in Table 4 and
Table 5 in paragraph 1.E.,
‘‘Compliance,’’ of Boeing Alert Service
Bulletin 737–53A1328, dated July 22,
2014, are required by this AD. The
accomplishment instructions of Boeing
Alert Service Bulletin 737–53A1328,
dated July 22, 2014, are unclear.
Therefore, we have added new
paragraph (i) to this AD to specify the
actions identified in Table 4 and Table
5 in paragraph 1.E., ‘‘Compliance,’’ of
Boeing Alert Service Bulletin 737–
53A1328, dated July 22, 2014. We have
redesignated subsequent paragraphs
accordingly.
Regarding Part 7 of Boeing Alert
Service Bulletin 737–53A1328, dated
July 22, 2014, if operators chose to do
the modification, certain actions
specified in Part 3, Part 4, and Part 5 of
Boeing Alert Service Bulletin 737–
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53A1328, dated July 22, 2014, are
identified as ‘‘RC’’ steps. Within those
steps, there is an on-condition action,
which specifies to do Part 7; thus, step
1 of Part 7 of Boeing Alert Service
Bulletin 737–53A1328, dated July 22,
2014 is required for compliance.
Steps 2, 3, and 4 of Part 8 of Boeing
Alert Service Bulletin 737–53A1328,
dated July 22, 2014, are referenced in
Table 3 and Table 8 in paragraph 1.E.,
‘‘Compliance,’’ of Boeing Alert Service
Bulletin 737–53A1328, dated July 22,
2014, and are not required by this AD.
We have added new paragraph (k) of
this AD to clarify that the postmodification inspections specified in
Table 3 and Table 8 in paragraph 1.E.,
‘‘Compliance,’’ of Boeing Alert Service
Bulletin 737–53A1328, dated July 22,
2014, are airworthiness limitations that
are required by maintenance and
operational rules; therefore, these
inspections are not required by this AD.
We have redesignated subsequent
paragraphs accordingly.
Request To Clarify Office Responsible
for AMOCs
ANA requested that we clarify the
office responsible for AMOCs. ANA
stated that paragraph (j) of the proposed
AD specifies that the Seattle ACO has
the authority to approve AMOCs.
However, ANA noted it has seen other
ADs for out of production airplanes that
refer to the Los Angeles ACO.
We agree to clarify. The Los Angeles
ACO is currently responsible for
AMOCs for the airplanes identified in
this AD. We have revised paragraphs
(l)(1) and (l)(4) of this AD (paragraphs
(j)(1) and (j)(4) of the proposed AD) to
refer to the Los Angeles ACO.
Requests for Clarification of Incorrect
References
Boeing and SWA requested that we
clarify incorrect references in Boeing
Alert Service Bulletin 737–53A1328,
dated July 22, 2014. The commenters
stated that note (e) in Figure 5 of Boeing
Alert Service Bulletin 737–53A1328,
dated July 22, 2014, incorrectly
references table 2 of paragraph 3.B.,
Work Instructions, for post repair/
modification inspections of short edge
margins on window frames. The
commenters stated that these references
should be to table 3 of paragraph 3.B.,
Work Instructions. Boeing also
identified the notes in figures 9, 10, 11,
and 12 as additional locations where the
reference to table 2 should be to table
3. The commenters requested that we
clarify in this AD that repeat post repair
and modification inspections for
window frames with short edge margins
are defined in table 3 rather than table
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14713
2 of paragraph 3.B, Work Instructions,
in Boeing Alert Service Bulletin 737–
53A1328, dated July 22, 2014.
We agree with the commenters that
the identified table references in Boeing
Alert Service Bulletin 737–53A1328,
dated July 22, 2014, are incorrect. We
have added new paragraphs (j)(3) and
(j)(4) to this AD to specify the correct
table references. We have also added
new paragraph (j)(5) to this AD to clarify
that operators must comply with the
edge margin requirements in Table 3 of
the Accomplishment Instructions of
Boeing Alert Service Bulletin 737–
53A1328, dated July 22, 2014. We have
also revised paragraphs (g) and (h) of
this AD to include references to
paragraphs (j)(3), (j)(4), and (j)(5) of this
AD.
Effect of Winglets on Accomplishment
of the Proposed Actions
Aviation Partners Boeing stated that
accomplishing Supplemental Type
Certificate (STC) ST01219SE (https://
rgl.faa.gov/Regulatory_and_Guidance_
Library/rgstc.nsf/0/
be866b732f6cf31086257b9700692796/
$FILE/ST01219SE.pdf) does not affect
the actions specified in the NPRM.
We concur with the commenter. We
have redesignated paragraph (c) of the
proposed AD as paragraph (c)(1) of this
AD and added new paragraph (c)(2) to
this AD to state that installation of STC
ST01219SE does not affect the ability to
accomplish the actions required by this
AD. Therefore, for airplanes on which
STC ST01219SE is installed, a ‘‘change
in product’’ AMOC approval request is
not necessary to comply with the
requirements of 14 CFR 39.17.
Conclusion
We reviewed the relevant data,
considered the comments received, and
determined that air safety and the
public interest require adopting this AD
with the changes described previously—
and minor editorial changes. We have
determined that these minor changes:
• Are consistent with the intent that
was proposed in the NPRM for
correcting the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM.
We also determined that these
changes will not increase the economic
burden on any operator or increase the
scope of this AD.
Related Service Information Under
1 CFR Part 51
We reviewed Boeing Alert Service
Bulletin 737–53A1328, dated July 22,
2014. The service information describes
procedures for HFEC inspections for
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fatigue cracking in certain fastener
locations in the window corners of the
window belt area, and related
investigative 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.
Costs of Compliance
We estimate that this AD affects 142
airplanes of U.S. registry.
We estimate the following costs to
comply with this AD:
ESTIMATED COSTS: REQUIRED ACTIONS
Action
Labor cost
Parts cost
Inspection .........
Up to 2,312 work-hours × $85 per
hour = $196,520 per inspection
cycle.
Cost per product
$0
Cost on U.S. operators
Up to $196,520 per inspection
cycle.
Up to $27,905,840 per inspection
cycle.
ESTIMATED COSTS: REQUIRED ACTIONS
Action
Labor cost
Preventive modification ................................................
108 work-hours × $85 per hour = $9,180 ....................
We estimate the following costs to do
any necessary repairs that would be
required based on the results of the
inspection. We have no way of
Cost per
product
Parts cost
$0
$9,180
determining the number of aircraft that
might need repairs:
ON-CONDITION COSTS
Action
Labor cost
Repair ...............
Up to 18 work-hours × $85 per hour = $1,530 per repair ..................................
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.
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This AD will not have federalism
implications under Executive Order
13132. This AD will not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
18:10 Mar 17, 2016
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Is not a ‘‘significant rule’’ under
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation
in Alaska, and
(4) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
Regulatory Findings
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Parts cost
Jkt 238001
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):
■
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Cost per product
$0
Up to $1,530 per repair.
2016–06–04 The Boeing Company:
Amendment 39–18435 ; Docket No.
FAA–2015–0495; Directorate Identifier
2014–NM–172–AD.
(a) Effective Date
This AD is effective April 22, 2016.
(b) Affected ADs
None.
(c) Applicability
(1) This AD applies to The Boeing
Company Model 737–300, –400, and –500
series airplanes, certificated in any category,
as identified in Boeing Alert Service Bulletin
737–53A1328, dated July 22, 2014.
(2) Installation of Supplemental Type
Certificate (STC) ST01219SE (https://
rgl.faa.gov/Regulatory_and_Guidance_
Library/rgstc.nsf/0/
be866b732f6cf31086257b9700692796/$FILE/
ST01219SE.pdf) does not affect the ability to
accomplish the actions required by this AD.
Therefore, for airplanes on which STC
ST01219SE 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 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by reports of
fatigue cracking at certain fastener locations
in the window corners of the window belt
area. We are issuing this AD to detect and
correct fatigue cracking around the fastener
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locations that could cause multiple window
corner skin cracks, which could result in
rapid decompression and loss of structural
integrity of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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(g) Inspections
At the applicable time specified in tables
1 and 2 of paragraph 1.E., ‘‘Compliance,’’ of
Boeing Alert Service Bulletin 737–53A1328,
dated July 22, 2014, except as required by
paragraph (j)(1) of this AD: Do external
surface high frequency eddy current (HFEC)
inspections for cracking of the skin at the 12
fastener locations at the upper forward and
lower aft corners of each window between
station (STA) 360 and STA 540 and at the
upper aft and lower forward corners of each
window between STA 727 and STA 908, leftside and right-side of the fuselage, at and
between stringers S–11 and S–13; and all
applicable related investigative and
corrective actions; in accordance with the
Accomplishment Instructions of Boeing Alert
Service Bulletin 737–53A1328, dated July 22,
2014, except as required by paragraphs (j)(2),
(j)(3), (j)(4), and (j)(5) of this AD. Do all
applicable related investigative and
corrective actions before further flight.
Repeat the inspections at the applicable
times specified in tables 1 and 2 of paragraph
1.E., ‘‘Compliance,’’ of Boeing Alert Service
Bulletin 737–53A1328, dated July 22, 2014.
Accomplishing the preventive modification
specified in paragraph (h) of this AD
terminates the repetitive inspections required
by this paragraph at the modified location
only.
(1) The inspections required by the
introductory text of paragraph (g) of this AD
may be terminated in areas with repairs
installed prior to the effective date of this
AD, provided the repairs are reinforcing and
address the cracking issue identified in this
AD, and installation was approved by the
Boeing Commercial Airplanes Organization
Designation Authorization (ODA) via FAA
Form 8100–9.
(2) For Group 1 airplanes identified in
Boeing Alert Service Bulletin 737–53A1328,
dated July 22, 2014: Window corner crack
repairs terminate the inspection required by
the introductory text of paragraph (g) of this
AD in the repaired area only. The repair,
including all applicable related investigative
and corrective actions, must be done in
accordance with Part 6 of the
Accomplishment Instructions of Boeing Alert
Service Bulletin 737–53A1328, dated July 22,
2014, except as required by paragraphs (j)(2),
(j)(3), (j)(4), and (j)(5) of this AD.
(h) Preventive Modification
Accomplishment of a preventive
modification in the fastener locations in the
window corners of the window belt area
between STA 360 and STA 540 and between
STA 727 and STA 908, left-side and rightside of the fuselage, at and between stringers
S–11 and S–13, terminates the inspections
required by paragraph (g) of this AD at the
modified location only. The modification,
including all applicable related investigative
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14715
and corrective actions, must be done in
accordance with Part 3 of the
Accomplishment Instructions of Boeing Alert
Service Bulletin 737–53A1328, dated July 22,
2014, except as required by paragraphs (j)(2),
(j)(3), (j)(4), and (j)(5) of this AD.
Instructions, Table 3 for edge margin
requirements,’’ operators must comply with
Table 3 of paragraph 3.B., ‘‘Work
Instructions,’’ of Boeing Alert Service
Bulletin 737–53A1328, dated July 22, 2014,
for edge margin requirements.
(i) Repetitive Inspections, Replacements, and
Corrective Actions
For airplanes having any condition
identified in Table 4 or Table 5 of paragraph
l.E., ‘‘Compliance,’’ of Boeing Alert Service
Bulletin 737–53A1328, dated July 22, 2014:
At the applicable times specified in Table 4
and Table 5 of paragraph l.E., ‘‘Compliance,’’
of Boeing Alert Service Bulletin 737–
53A1328, dated July 22, 2014, do a window
frame replacement or an internal detailed
inspection for cracks of the window forging
around the fastener collars, as applicable,
and do all applicable corrective actions, in
accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin
737–53A1328, dated July 22, 2014, except as
required by paragraphs (j)(2), (j)(3), (j)(4), and
(j)(5) of this AD. Repeat the inspections at the
applicable times specified in table 4 and
table 5 of paragraph 1.E., ‘‘Compliance,’’ of
Boeing Alert Service Bulletin 737–53A1328,
dated July 22, 2014.
(k) Post-Repair Inspections/PostModification Inspections
(j) Exceptions to the Service Information
Specifications
(1) Where Boeing Alert Service Bulletin
737–53A1328, dated July 22, 2014, specifies
a compliance time ‘‘after the original issue
date of this service bulletin,’’ this AD
requires compliance within the specified
compliance time after the effective date of
this AD.
(2) Where Boeing Alert Service Bulletin
737–53A1328, dated July 22, 2014, specifies
to contact Boeing for repair instructions:
Before further flight, repair the cracking
using a method approved in accordance with
the procedures specified in paragraph (l) of
this AD. Although Boeing Alert Service
Bulletin 737–53A1328, dated July 22, 2014,
specifies to contact Boeing for repair
instructions, and specifies that action as
Required for Compliance (RC), this AD
requires repair as specified in this paragraph.
(3) Where note (e) of Figure 5 of Boeing
Alert Service Bulletin 737–53A1328, dated
July 22, 2014, specifies to ‘‘Refer to Paragraph
3.B., Work Instructions, Table 2 for edge
margin requirements,’’ operators must
comply with Table 3 of paragraph 3.B.,
‘‘Work Instructions,’’ of Boeing Alert Service
Bulletin 737–53A1328, dated July 22, 2014,
for edge margin requirements.
(4) Where the notes for fastener codes A
and B in figures 9, 10, 11, and 12 of Boeing
Alert Service Bulletin 737–53A1328, dated
July 22, 2014, refer to ‘‘Paragraph 3.B., Work
Instructions, Table 2’’ for edge margin
requirements, operators must comply with
Table 3 of paragraph 3.B., ‘‘Work
Instructions,’’ of Boeing Alert Service
Bulletin 737–53A1328, dated July 22, 2014,
for edge margin requirements.
(5) Where note (e) of figures 6, 7, and 8 and
step 1.a.(1) of Part 5 of the Accomplishment
Instructions of Boeing Alert Service Bulletin
737–53A1328, dated July 22, 2014, specifies
to ‘‘Refer to Paragraph 3.B., Work
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
Table 3 and Table 8 of paragraph 1.E.,
‘‘Compliance,’’ of Boeing Alert Service
Bulletin 737–53A1328, dated July 22, 2014,
specify post-modification airworthiness
limitation inspections in compliance to 14
CFR 25.571(a)(3) at the modified locations,
which support compliance with 14 CFR
121.1109(c)(2) or 129.109(b)(2). As
airworthiness limitations, these inspections
are required by maintenance and operational
rules. It is therefore unnecessary to mandate
them in this AD. Deviations from these
inspections require FAA approval, but do not
require an alternative method of compliance.
(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 (m) 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,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(3) Except as required by paragraph (j)(2)
of this AD: For service information that
contains steps that are labeled as RC, the
provisions of paragraphs (l)(3)(i) and (l)(3)(ii)
of this AD apply.
(i) The steps labeled as RC, including
substeps under an RC step and any figures
identified in an RC step, must be done to
comply with this AD. An AMOC is required
for any deviations to RC steps, including
substeps and identified figures.
(ii) Steps not labeled as RC may be
deviated from using accepted methods in
accordance with the operator’s maintenance
or inspection program without obtaining
approval of an AMOC, provided the RC steps,
including substeps and identified figures, can
still be done as specified, and the airplane
can be put back in an airworthy condition.
(4) An AMOC that provides an acceptable
level of safety may be used for any repair,
modification, or alteration required by this
AD if it is approved by the Boeing
Commercial Airplanes ODA that has been
authorized by the Manager, Los Angeles
ACO, to make those findings. To be
approved, the repair method, modification
deviation, or alteration deviation must meet
the certification basis of the airplane, and the
approval must specifically refer to this AD.
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Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Rules and Regulations
(m) Related Information
For more information about this AD,
contact Jennifer Tsakoumakis, Aerospace
Engineer, Airframe Branch, ANM–120L,
FAA, Los Angeles Aircraft Certification
Office (ACO), 3960 Paramount Blvd.,
Lakewood, CA 90712–4137; phone: 562–627–
5264; fax: 562–627–5210; email:
jennifer.tsakoumakis@faa.gov.
(n) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Boeing Alert Service Bulletin 737–
53A1328, dated July 22, 2014.
(ii) Reserved.
(3) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H–65,
Seattle, WA 98124–2207; telephone 206–
544–5000, extension 1; fax 206–766–5680;
Internet https://www.myboeingfleet.com.
(4) You may view this 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.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
countries for the benefits of the African
Growth and Opportunity Act (AGOA).
This authority has been delegated to the
Office of the United States Trade
Representative (USTR).
DATES: The interim final rule is effective
on March 18, 2016. USTR will accept
comments on the interim final rule in
writing on or before April 18, 2016.
ADDRESSES: All comments must be
submitted electronically at
www.regulations.gov, docket number
USTR–2016–0002.
FOR FURTHER INFORMATION CONTACT: For
procedural questions, please contact
Yvonne Jamison, Trade Policy Staff
Committee, at 202–395–3475. Direct all
other questions to Constance Hamilton,
Deputy Assistant U.S. Trade
Representative for African Affairs, at
Constance_Hamilton@ustr.eop.gov or
202–395–9514.
SUPPLEMENTARY INFORMATION:
I. Background
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
The AGOA (Title I of the Trade and
Development Act of 2000, Pub. L. 106–
200) (19 U.S.C. 2466a et seq.), as
amended, contains provisions for
enhanced trade benefits for eligible subSaharan African countries.
Section 506(c) of the TPEA, which
was signed into law on June 29, 2015
(Pub. L. 114–27, sec. 105(d)(3), 129 Stat.
366–367)), requires the President to
establish a process to allow any
interested person, at any time, to file a
petition with USTR concerning the
compliance of any sub-Saharan African
country listed in section 107 of the
AGOA (19 U.S.C. 3706), with the
eligibility requirements set forth in
section 104 of the AGOA (19 U.S.C.
3703) and the eligibility criteria set forth
in section 502 of the Trade Act of 1974
(19 U.S.C. 2462). On February 26, 2016,
the President delegated this authority to
USTR. See E.O. 13720 of Feb. 26, 2016,
81 FR 11087, Mar. 2, 2016.
15 CFR Part 2017
II. Analysis of the Interim Final Rule
Issued in Renton, Washington, on March 7,
2016.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2016–05842 Filed 3–17–16; 8:45 am]
BILLING CODE 4910–13–P
[Docket Number USTR–2016–0002]
RIN 0350–AA07
asabaliauskas on DSK3SPTVN1PROD with RULES
Establishment of a Petition Process To
Review the Eligibility of Countries
Under the African Growth and
Opportunity Act (AGOA)
Office of the United States
Trade Representative.
ACTION: Interim final rule with request
for comments.
AGENCY:
The Trade Preferences
Extension Act of 2015 (TPEA) requires
the President to establish a petition
process to review the eligibility of
SUMMARY:
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18:10 Mar 17, 2016
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The interim final rule adds 15 CFR
part 2017. The new Part 2017
establishes a petition process that
supplements the annual (normal cycle)
request for public comments on whether
a beneficiary sub-Saharan African
country is meeting the eligibility criteria
and requirements of the AGOA program
(see, e.g., 80 FR 48951, Aug. 14, 2015).
Section 2017.0 defines acronyms used
throughout Part 2017.
Section 2017.1 permits any interested
party to submit a petition, at any time,
regarding whether a beneficiary subSaharan African country meets the
eligibility requirements in section 104 of
the AGOA and the eligibility criteria in
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Sfmt 4700
section 502 of the Trade Act of 1974. It
requires that a petition adequately
identify the country and the concern. A
petition indicating the existence of
exceptional circumstances warranting
an out-of-cycle review must contain a
statement of reasons explaining why an
out-of-cycle review is warranted.
Section 2017.2 explains how USTR
will process petitions. USTR will
consider petitions filed in accordance
with the public comment period of the
annual (normal cycle) review of all
beneficiary countries in conjunction
with that review. USTR will consider
petitions filed outside of that time frame
in the next (normal cycle) annual
review. If USTR receives a petition
outside of the annual (normal cycle)
review process that indicates the
existence of exceptional circumstances,
the AGOA Implementation
Subcommittee will consider whether
there is a basis for the initiation of an
out-of-cycle review and make
recommendations to the Trade Policy
Staff Committee, which will, in turn,
advise the U.S. Trade Representative. If
the U.S. Trade Representative finds that
there are exceptional circumstances
warranting an out-of-cycle review,
within 30 days of that determination
USTR will announce a schedule for the
review in the Federal Register.
Section 2017.3 requires USTR to
publish a summary of the actions taken
in response to petitions in the Federal
Register. The notice also will include a
list of pending petitions upon which no
decision has been made.
Section 2017.4 provides that all
submitted materials will be made
available for public inspection at
www.regulations.gov other than
appropriately designated confidential
business information.
The TPEA extended the AGOA until
September 30, 2025. See Pub. L. 114–27,
sec. 103, 129 Stat. 364, June 29, 2015.
Section 2017.5 provides that the AGOA
petition process will expire on that date
unless extended by statute.
III. Requirements for Submission
All submissions must be in English
and must be submitted electronically
via https://www.regulations.gov. USTR
will not accept hand-delivered
submissions. To make a submission
using https://www.regulations.gov, enter
the docket number USTR–2016–0002 in
the ‘‘Search for’’ field on the home page
and click ‘‘Search.’’ The site will
provide a search-results page listing all
documents associated with this docket.
Find a reference to this notice by
selecting ‘‘Notice’’ under ‘‘Document
Type’’ in the ‘‘Filter Results by’’ section
on the left side of the screen and click
E:\FR\FM\18MRR1.SGM
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Agencies
[Federal Register Volume 81, Number 53 (Friday, March 18, 2016)]
[Rules and Regulations]
[Pages 14711-14716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05842]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2015-0495; Directorate Identifier 2014-NM-172-AD;
Amendment 39-18435; AD 2016-06-04]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 737-300, -400, and -500 series airplanes. This
AD was prompted by reports of cracking at certain fastener locations in
the window corners of the window belt area. This AD requires repetitive
high frequency eddy current (HFEC) inspections for fatigue cracking in
certain fastener locations in the window corners of the window belt
area, and related investigative and corrective actions if necessary.
This AD also provides an optional preventive modification that
terminates the inspections at the modified location. We are issuing
this AD to detect and correct fatigue cracking around fastener
locations that could cause multiple window corner skin cracks, which
could result in rapid decompression and loss of structural integrity of
the airplane.
DATES: This AD is effective April 22, 2016.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 22,
2016.
ADDRESSES: For service information identified in this final rule,
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-
0495.
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-
0495; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (phone: 800-647-
5527) is Docket Management Facility, U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE., Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Jennifer Tsakoumakis, Aerospace
Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft
Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, CA
90712-4137; phone: 562-627-5264; fax: 562-627-5210; email:
jennifer.tsakoumakis@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain The Boeing Company
Model 737-300, -400, and -500 series airplanes. The NPRM published in
the Federal Register on March 24, 2015 (80 FR 15523) (``the NPRM'').
The NPRM was prompted by reports of cracking at certain fastener
locations in the window corners of the window belt area. The NPRM
proposed to require repetitive HFEC inspections for fatigue cracking in
certain fastener locations in the window corners of the window belt
area, and related investigative and corrective actions if necessary. We
are issuing this AD to detect and correct fatigue cracking around
fastener locations that could cause multiple window corner skin cracks,
which could result in rapid decompression and loss of structural
integrity of the airplane.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM and
the FAA's response to each comment.
Request for Clarification of Location of the Twelve Fastener
Inspections
Southwest Airlines (SWA) requested that a correction be made to
paragraph (g) of the proposed AD to clarify the areas for the
inspection of the twelve fastener locations. SWA noted that paragraph
(g) of the proposed AD stated to inspect locations ``at the upper
forward and lower aft corners of each window between station (STA) 360
and STA 540 and between STA 727 and STA 908.'' SWA stated that between
STA 727 and STA 908, Boeing Alert Service Bulletin 737-53A1328, dated
July 22, 2014, specifies the location as the lower forward and upper
aft corners.
We agree with the commenter for the reason provided. We have
revised paragraph (g) of this AD to require an inspection of the twelve
fastener locations at the upper forward and lower aft corners of each
window between STA 360 and STA 540 and at the upper aft and lower
forward corners of each window between STA 727 and STA 908.
Request for Clarification of the Intent of the Inspection Requirements
in Paragraph (g) of the Proposed AD
SWA requested that we clarify the intent of paragraph (g) of the
proposed AD. SWA stated that paragraph (g) of the proposed AD states to
accomplish the inspections at the times specified in tables 1 and 2 of
paragraph 1.E.,
[[Page 14712]]
``Compliance,'' of Boeing Alert Service Bulletin 737-53A1328, dated
July 22, 2014, and then repeat the inspections at the applicable times
specified in tables 1 and 2 until ``the terminating action in paragraph
(h) of this AD is accomplished,'' which is the optional preventive
modification in Part 3 of the Accomplishment Instructions of Boeing
Alert Service Bulletin 737-53A1328, dated July 22, 2014. SWA stated
that, per note (b) in tables 1 and 2, accomplishment of the preventive
modification in accordance with Boeing Alert Service Bulletin 737-
53A1328, dated July 22, 2014, is terminating action for both the
initial and repeat inspections at the modified locations. SWA stated
that paragraph (g) of the proposed AD does not mention the option to
accomplish the actions specified in paragraph (h) of the proposed AD in
lieu of the initial inspection specified in paragraph (g) of this AD;
it only states to ``repeat the inspections . . . until the terminating
action specified in paragraph (h) of this AD is done.'' SWA noted it is
unclear if the intent of paragraph (g) of this AD is to require
accomplishment of the Part 1 external surface HFEC inspections of the
skin prior to accomplishing the Part 3 preventive modification
instructions, or if the intent of paragraph (g) of the proposed AD is
to provide the operator the option to accomplish paragraph (h) of the
proposed AD (preventive modification) in lieu of accomplishing
paragraph (g) of the proposed AD (inspections), since the Part 3
modification instructions include open hole HFEC inspections of the
skin.
We agree to provide clarification. Paragraph (g) of this AD is not
required at the time of accomplishment of the preventive modification
specified in paragraph (h) of this AD. Paragraph (h) of this AD states
that the preventive modification (including all applicable related
investigative and corrective actions) terminates the inspections in
paragraph (g) of this AD. This means all inspections (initial and
repetitive) in paragraph (g) of this AD are not required if paragraph
(h) of this AD is done. We have not changed this AD in this regard.
Request for Clarification of Existing Repairs
SWA requested clarification about existing repairs that meet the
requirements of note (a) in tables 1 and 2 of paragraph l.E.,
``Compliance,'' of Boeing Alert Service Bulletin 737-53A1328, dated
July 22, 2014. SWA also requested to extend the note to apply to
existing repairs that address damage other than cracking, provided that
the repairs are evaluated and approved by Boeing via an FAA Form 8100-
9. In addition, SWA requested we clarify whether note (a) applies only
to reinforcing repairs that encompass all twelve fastener locations at
a window corner, or if note (a) also applies to existing non-
reinforcing oversize hole repairs.
We partially agree with the commenter. We agree with adding a
paragraph to this AD to provide credit for previously approved repairs
to address cracking issues, because Boeing Organization Designation
Authorization (ODA) approved repairs installed prior the effective date
of this AD are acceptable for terminating the initial and repetitive
inspections in the area under the repair. We disagree with allowing any
other repair as an alternative method of compliance (AMOC) because
other repairs may or may not address the cracking issue. However,
operators may request approval of an AMOC for these repairs using the
procedures specified in paragraph (l) of this AD.
We have added new paragraph (g)(1) to this AD to specify that the
inspections required by the introductory text of paragraph (g) of this
AD may be terminated in areas with repairs installed prior to the
effective date of this AD, provided the repairs are reinforcing and
address the cracking issue addressed in this AD, and installation was
approved by the Boeing Commercial Airplanes ODA via FAA Form 8100-9.
Request for Clarification of the Termination of Inspection for Repaired
Area for Group 1 Airplanes
All Nippon Airways (ANA) requested we clarify if, for Group 1
airplanes as identified in paragraph 1.A.1 ``Effectivity,'' of Boeing
Alert Service Bulletin 737-53A1328, dated July 22, 2014, areas repaired
using Boeing Alert Service Bulletin 737-53A1328, dated July 22, 2014,
is terminating action for the repaired area. ANA pointed out that table
1 of Boeing Alert Service Bulletin 737-53A1328, dated July 22, 2014,
includes this wording.
We agree to provide clarification. Accomplishing a repair in
accordance with Part 6 of the Accomplishment Instructions of Boeing
Alert Service Bulletin 737-53A1328, dated July 22, 2014, also
terminates the inspection of the repaired area for Group 1 airplanes.
We have added new paragraph (g)(2) to this AD to specify that repairs
done in accordance with Part 6 of the Accomplishment Instructions of
Boeing Alert Service Bulletin 737-53A1328, dated July 22, 2014,
terminate the inspection required by paragraph (g) of this AD in only
the repaired area for Group 1 airplanes only.
Request To Include Provisions for Airplanes Previously Inspected,
Modified, and/or Repaired
SWA requested that we revise the NPRM to include provisions for
airplanes that were previously inspected, modified, and/or repaired
using step 3 of the Accomplishment Instructions of Boeing Service
Bulletin 737-53-1306, dated September 22, 2010; Revision 1, dated March
17, 2010; Revision 2, dated October 25, 2011; or Revision 3, dated
January 22, 2014; as terminating action for the inspections required by
paragraph (g) of the proposed AD, as well as any documented deviations
that were approved by the Boeing ODA via an FAA Form 8100-9.
SWA stated that step 3 of Boeing Service Bulletin 737-53-1306 (all
revisions) includes inspection, preventive modification, and repair
instructions for the window corner locations addressed by the proposed
AD. Figures 8 through 10 of Boeing Service Bulletin 737-53-1306 (all
revisions) provide inspection and preventive modification instructions,
which also include instructions for a fastener oversize repair, edge
margin requirements, and window forging replacement. Figures 13 through
18 provide external reinforcing repair instructions. Figures 40 through
43 were added in Boeing Service Bulletin 737-53-1306, Revision 3, dated
January 22, 2014, to incorporate the option to replace the window belt
panels in lieu of accomplishing the window corner inspections,
preventive modification, and approved repairs. SWA stated that it
considers the instructions in Step 3 of Boeing Service Bulletin 737-53-
1306 (all revisions) to meet the intent of the proposed AD since the
instructions address and eliminate the unsafe condition that prompted
the proposed AD.
We do not agree to revise this AD because Boeing Service Bulletin
737-53-1306 is specific for SWA. We do not consider it appropriate to
include various provisions in an AD applicable only to a single
operator's unique configuration of affected airplanes. However, SWA may
submit a request for an approval of an AMOC using the procedures
specified in paragraph (l) of this AD. We have not changed this AD in
this regard.
Requests To Clarify Required Actions
SWA and ANA requested that we clarify which actions specified in
Boeing Alert Service Bulletin 737-
[[Page 14713]]
53A1328, dated July 22, 2014, are required. SWA stated that paragraph
(j)(3) of the proposed AD (paragraph (l)(3) in this AD) indicates that
steps identified as ``RC'' (Required for Compliance) in Boeing Alert
Service Bulletin 737-53A1328, dated July 22, 2014, must be accomplished
``in order to comply with this AD.''
The commenters noted that there are ``RC'' steps in Boeing Alert
Service Bulletin 737-53A1328, dated July 22, 2014, that are not clearly
addressed in the proposed AD. SWA noted that Parts 7 and 8 of Boeing
Alert Service Bulletin 737-53A1328, dated July 22, 2014, contain steps
that are identified as ``RC;'' however, the proposed AD does not
mention the compliance times for these actions. SWA stated that Part 7
of Boeing Alert Service Bulletin 737-53A1328, dated July 22, 2014,
provides window frame replacement instructions, and steps 5 and 6 in
Part 8 of Boeing Alert Service Bulletin 737-53A1328, dated July 22,
2014, provide post-repair/post-modification inspection instructions for
window frames with short edge margin conditions at the compliance times
specified in tables 3, 4, and 8 of Boeing Alert Service Bulletin 737-
53A1328, dated July 22, 2014. SWA assumed that actions identified in
Table 3 and Table 8 are not required for compliance and that the
actions identified in Table 4 are required for compliance. SWA also
pointed out that step 10 of Part 2 of Boeing Alert Service Bulletin
737-53A1328, dated July 22, 2014, is not ``RC,'' but could result in
accomplishment of Part 7 of Boeing Alert Service Bulletin 737-53A1328,
dated July 22, 2014, which has ``RC'' steps.
We agree to clarify the actions required by this AD. The post-
modification and post-repair inspections identified in Table 4 and
Table 5 in paragraph 1.E., ``Compliance,'' of Boeing Alert Service
Bulletin 737-53A1328, dated July 22, 2014, are required by this AD. The
accomplishment instructions of Boeing Alert Service Bulletin 737-
53A1328, dated July 22, 2014, are unclear. Therefore, we have added new
paragraph (i) to this AD to specify the actions identified in Table 4
and Table 5 in paragraph 1.E., ``Compliance,'' of Boeing Alert Service
Bulletin 737-53A1328, dated July 22, 2014. We have redesignated
subsequent paragraphs accordingly.
Regarding Part 7 of Boeing Alert Service Bulletin 737-53A1328,
dated July 22, 2014, if operators chose to do the modification, certain
actions specified in Part 3, Part 4, and Part 5 of Boeing Alert Service
Bulletin 737-53A1328, dated July 22, 2014, are identified as ``RC''
steps. Within those steps, there is an on-condition action, which
specifies to do Part 7; thus, step 1 of Part 7 of Boeing Alert Service
Bulletin 737-53A1328, dated July 22, 2014 is required for compliance.
Steps 2, 3, and 4 of Part 8 of Boeing Alert Service Bulletin 737-
53A1328, dated July 22, 2014, are referenced in Table 3 and Table 8 in
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-
53A1328, dated July 22, 2014, and are not required by this AD. We have
added new paragraph (k) of this AD to clarify that the post-
modification inspections specified in Table 3 and Table 8 in paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-53A1328,
dated July 22, 2014, are airworthiness limitations that are required by
maintenance and operational rules; therefore, these inspections are not
required by this AD. We have redesignated subsequent paragraphs
accordingly.
Request To Clarify Office Responsible for AMOCs
ANA requested that we clarify the office responsible for AMOCs. ANA
stated that paragraph (j) of the proposed AD specifies that the Seattle
ACO has the authority to approve AMOCs. However, ANA noted it has seen
other ADs for out of production airplanes that refer to the Los Angeles
ACO.
We agree to clarify. The Los Angeles ACO is currently responsible
for AMOCs for the airplanes identified in this AD. We have revised
paragraphs (l)(1) and (l)(4) of this AD (paragraphs (j)(1) and (j)(4)
of the proposed AD) to refer to the Los Angeles ACO.
Requests for Clarification of Incorrect References
Boeing and SWA requested that we clarify incorrect references in
Boeing Alert Service Bulletin 737-53A1328, dated July 22, 2014. The
commenters stated that note (e) in Figure 5 of Boeing Alert Service
Bulletin 737-53A1328, dated July 22, 2014, incorrectly references table
2 of paragraph 3.B., Work Instructions, for post repair/modification
inspections of short edge margins on window frames. The commenters
stated that these references should be to table 3 of paragraph 3.B.,
Work Instructions. Boeing also identified the notes in figures 9, 10,
11, and 12 as additional locations where the reference to table 2
should be to table 3. The commenters requested that we clarify in this
AD that repeat post repair and modification inspections for window
frames with short edge margins are defined in table 3 rather than table
2 of paragraph 3.B, Work Instructions, in Boeing Alert Service Bulletin
737-53A1328, dated July 22, 2014.
We agree with the commenters that the identified table references
in Boeing Alert Service Bulletin 737-53A1328, dated July 22, 2014, are
incorrect. We have added new paragraphs (j)(3) and (j)(4) to this AD to
specify the correct table references. We have also added new paragraph
(j)(5) to this AD to clarify that operators must comply with the edge
margin requirements in Table 3 of the Accomplishment Instructions of
Boeing Alert Service Bulletin 737-53A1328, dated July 22, 2014. We have
also revised paragraphs (g) and (h) of this AD to include references to
paragraphs (j)(3), (j)(4), and (j)(5) of this AD.
Effect of Winglets on Accomplishment of the Proposed Actions
Aviation Partners Boeing stated that accomplishing Supplemental
Type Certificate (STC) ST01219SE (https://rgl.faa.gov/
Regulatory_and_Guidance_Library/rgstc.nsf/0/
be866b732f6cf31086257b9700692796/$FILE/ST01219SE.pdf) does not affect
the actions specified in the NPRM.
We concur with the commenter. We have redesignated paragraph (c) of
the proposed AD as paragraph (c)(1) of this AD and added new paragraph
(c)(2) to this AD to state that installation of STC ST01219SE does not
affect the ability to accomplish the actions required by this AD.
Therefore, for airplanes on which STC ST01219SE is installed, a
``change in product'' AMOC approval request is not necessary to comply
with the requirements of 14 CFR 39.17.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously--and minor editorial
changes. We have determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.
Related Service Information Under 1 CFR Part 51
We reviewed Boeing Alert Service Bulletin 737-53A1328, dated July
22, 2014. The service information describes procedures for HFEC
inspections for
[[Page 14714]]
fatigue cracking in certain fastener locations in the window corners of
the window belt area, and related investigative 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.
Costs of Compliance
We estimate that this AD affects 142 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated Costs: Required Actions
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Inspection................. Up to 2,312 work- $0 Up to $196,520 per Up to $27,905,840 per
hours x $85 per hour inspection cycle. inspection cycle.
= $196,520 per
inspection cycle.
----------------------------------------------------------------------------------------------------------------
Estimated Costs: Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product
----------------------------------------------------------------------------------------------------------------
Preventive modification....................... 108 work-hours x $85 per hour = $0 $9,180
$9,180.
----------------------------------------------------------------------------------------------------------------
We estimate the following costs to do any necessary repairs that
would be required based on the results of the inspection. We have no
way of determining the number of aircraft that might need repairs:
On-Condition Costs
----------------------------------------------------------------------------------------------------------------
Action Labor cost Parts cost Cost per product
----------------------------------------------------------------------------------------------------------------
Repair...................... Up to 18 work-hours x $0 Up to $1,530 per repair.
$85 per hour = $1,530
per repair.
----------------------------------------------------------------------------------------------------------------
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation in Alaska, and
(4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2016-06-04 The Boeing Company: Amendment 39-18435 ; Docket No. FAA-
2015-0495; Directorate Identifier 2014-NM-172-AD.
(a) Effective Date
This AD is effective April 22, 2016.
(b) Affected ADs
None.
(c) Applicability
(1) 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 737-53A1328, dated July
22, 2014.
(2) Installation of Supplemental Type Certificate (STC)
ST01219SE (https://rgl.faa.gov/Regulatory_and_Guidance_Library/
rgstc.nsf/0/be866b732f6cf31086257b9700692796/$FILE/ST01219SE.pdf)
does not affect the ability to accomplish the actions required by
this AD. Therefore, for airplanes on which STC ST01219SE 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 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by reports of fatigue cracking at certain
fastener locations in the window corners of the window belt area. We
are issuing this AD to detect and correct fatigue cracking around
the fastener
[[Page 14715]]
locations that could cause multiple window corner skin cracks, which
could result in rapid decompression and loss of structural integrity
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 and 2 of paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-53A1328,
dated July 22, 2014, except as required by paragraph (j)(1) of this
AD: Do external surface high frequency eddy current (HFEC)
inspections for cracking of the skin at the 12 fastener locations at
the upper forward and lower aft corners of each window between
station (STA) 360 and STA 540 and at the upper aft and lower forward
corners of each window between STA 727 and STA 908, left-side and
right-side of the fuselage, at and between stringers S-11 and S-13;
and all applicable related investigative and corrective actions; in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 737-53A1328, dated July 22, 2014, except as
required by paragraphs (j)(2), (j)(3), (j)(4), and (j)(5) of this
AD. Do all applicable related investigative and corrective actions
before further flight. Repeat the inspections at the applicable
times specified in tables 1 and 2 of paragraph 1.E., ``Compliance,''
of Boeing Alert Service Bulletin 737-53A1328, dated July 22, 2014.
Accomplishing the preventive modification specified in paragraph (h)
of this AD terminates the repetitive inspections required by this
paragraph at the modified location only.
(1) The inspections required by the introductory text of
paragraph (g) of this AD may be terminated in areas with repairs
installed prior to the effective date of this AD, provided the
repairs are reinforcing and address the cracking issue identified in
this AD, and installation was approved by the Boeing Commercial
Airplanes Organization Designation Authorization (ODA) via FAA Form
8100-9.
(2) For Group 1 airplanes identified in Boeing Alert Service
Bulletin 737-53A1328, dated July 22, 2014: Window corner crack
repairs terminate the inspection required by the introductory text
of paragraph (g) of this AD in the repaired area only. The repair,
including all applicable related investigative and corrective
actions, must be done in accordance with Part 6 of the
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
53A1328, dated July 22, 2014, except as required by paragraphs
(j)(2), (j)(3), (j)(4), and (j)(5) of this AD.
(h) Preventive Modification
Accomplishment of a preventive modification in the fastener
locations in the window corners of the window belt area between STA
360 and STA 540 and between STA 727 and STA 908, left-side and
right-side of the fuselage, at and between stringers S-11 and S-13,
terminates the inspections required by paragraph (g) of this AD at
the modified location only. The modification, including all
applicable related investigative and corrective actions, must be
done in accordance with Part 3 of the Accomplishment Instructions of
Boeing Alert Service Bulletin 737-53A1328, dated July 22, 2014,
except as required by paragraphs (j)(2), (j)(3), (j)(4), and (j)(5)
of this AD.
(i) Repetitive Inspections, Replacements, and Corrective Actions
For airplanes having any condition identified in Table 4 or
Table 5 of paragraph l.E., ``Compliance,'' of Boeing Alert Service
Bulletin 737-53A1328, dated July 22, 2014: At the applicable times
specified in Table 4 and Table 5 of paragraph l.E., ``Compliance,''
of Boeing Alert Service Bulletin 737-53A1328, dated July 22, 2014,
do a window frame replacement or an internal detailed inspection for
cracks of the window forging around the fastener collars, as
applicable, and do all applicable corrective actions, in accordance
with the Accomplishment Instructions of Boeing Alert Service
Bulletin 737-53A1328, dated July 22, 2014, except as required by
paragraphs (j)(2), (j)(3), (j)(4), and (j)(5) of this AD. Repeat the
inspections at the applicable times specified in table 4 and table 5
of paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
737-53A1328, dated July 22, 2014.
(j) Exceptions to the Service Information Specifications
(1) Where Boeing Alert Service Bulletin 737-53A1328, dated July
22, 2014, specifies a compliance time ``after the original issue
date of this service bulletin,'' this AD requires compliance within
the specified compliance time after the effective date of this AD.
(2) Where Boeing Alert Service Bulletin 737-53A1328, dated July
22, 2014, specifies to contact Boeing for repair instructions:
Before further flight, repair the cracking using a method approved
in accordance with the procedures specified in paragraph (l) of this
AD. Although Boeing Alert Service Bulletin 737-53A1328, dated July
22, 2014, specifies to contact Boeing for repair instructions, and
specifies that action as Required for Compliance (RC), this AD
requires repair as specified in this paragraph.
(3) Where note (e) of Figure 5 of Boeing Alert Service Bulletin
737-53A1328, dated July 22, 2014, specifies to ``Refer to Paragraph
3.B., Work Instructions, Table 2 for edge margin requirements,''
operators must comply with Table 3 of paragraph 3.B., ``Work
Instructions,'' of Boeing Alert Service Bulletin 737-53A1328, dated
July 22, 2014, for edge margin requirements.
(4) Where the notes for fastener codes A and B in figures 9, 10,
11, and 12 of Boeing Alert Service Bulletin 737-53A1328, dated July
22, 2014, refer to ``Paragraph 3.B., Work Instructions, Table 2''
for edge margin requirements, operators must comply with Table 3 of
paragraph 3.B., ``Work Instructions,'' of Boeing Alert Service
Bulletin 737-53A1328, dated July 22, 2014, for edge margin
requirements.
(5) Where note (e) of figures 6, 7, and 8 and step 1.a.(1) of
Part 5 of the Accomplishment Instructions of Boeing Alert Service
Bulletin 737-53A1328, dated July 22, 2014, specifies to ``Refer to
Paragraph 3.B., Work Instructions, Table 3 for edge margin
requirements,'' operators must comply with Table 3 of paragraph
3.B., ``Work Instructions,'' of Boeing Alert Service Bulletin 737-
53A1328, dated July 22, 2014, for edge margin requirements.
(k) Post-Repair Inspections/Post-Modification Inspections
Table 3 and Table 8 of paragraph 1.E., ``Compliance,'' of Boeing
Alert Service Bulletin 737-53A1328, dated July 22, 2014, specify
post-modification airworthiness limitation inspections in compliance
to 14 CFR 25.571(a)(3) at the modified locations, which support
compliance with 14 CFR 121.1109(c)(2) or 129.109(b)(2). As
airworthiness limitations, these inspections are required by
maintenance and operational rules. It is therefore unnecessary to
mandate them in this AD. Deviations from these inspections require
FAA approval, but do not require an alternative method of
compliance.
(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 (m) 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, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(3) Except as required by paragraph (j)(2) of this AD: For
service information that contains steps that are labeled as RC, the
provisions of paragraphs (l)(3)(i) and (l)(3)(ii) of this AD apply.
(i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with this AD. An AMOC is required for any deviations to RC steps,
including substeps and identified figures.
(ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.
(4) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes ODA that has
been authorized by the Manager, Los Angeles ACO, to make those
findings. To be approved, the repair method, modification deviation,
or alteration deviation must meet the certification basis of the
airplane, and the approval must specifically refer to this AD.
[[Page 14716]]
(m) Related Information
For more information about this AD, contact Jennifer
Tsakoumakis, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los
Angeles Aircraft Certification Office (ACO), 3960 Paramount Blvd.,
Lakewood, CA 90712-4137; phone: 562-627-5264; fax: 562-627-5210;
email: jennifer.tsakoumakis@faa.gov.
(n) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Boeing Alert Service Bulletin 737-53A1328, dated July 22,
2014.
(ii) Reserved.
(3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com.
(4) You may view this 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.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Renton, Washington, on March 7, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-05842 Filed 3-17-16; 8:45 am]
BILLING CODE 4910-13-P