Airworthiness Directives; The Boeing Company Airplanes, 27989-27992 [2016-10524]
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Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Rules and Regulations
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 this AD specifies otherwise.
(i) Airbus Service Bulletin A330–57–3114,
dated March 12, 2013.
(ii) Airbus Service Bulletin A330–57–3115,
dated April 4, 2013.
(iii) Airbus Service Bulletin A330–57–
3116, dated March 12, 2013.
(iv) Airbus Service Bulletin A340–57–
4123, dated March 12, 2013.
(v) Airbus Service Bulletin A340–57–4124,
Revision 01, dated August 22, 2013.
(vi) Airbus Service Bulletin A340–57–
4125, dated March 12, 2013.
(3) For service information identified in
this AD, contact Airbus SAS, Airworthiness
Office—EAL, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33
5 61 93 36 96; fax +33 5 61 93 45 80; email
airworthiness.A330-A340@airbus.com;
Internet https://www.airbus.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 April 21,
2016.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2016–10287 Filed 5–6–16; 8:45 am]
BILLING CODE 4910–13–P
Examining the AD Docket
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2015–0246; Directorate
Identifier 2014–NM–187–AD; Amendment
39–18511; AD 2016–09–13]
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 fatigue
cracking found at the left-side and rightside upper frames, at a certain area. This
AD requires repetitive medium
frequency eddy current (MFEC)
inspections for cracking of the left-side
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SUMMARY:
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and right-side upper frames, and repair
(including open hole high frequency
eddy current (HFEC) inspections for
cracking of fastener holes) if necessary.
This AD also provides an optional
preventive modification, which
terminates the repetitive inspections at
the modified location. We are issuing
this AD to detect and correct fatigue
cracking of the upper frame, which can
grow in size and result in a severed
frame, leading to rapid decompression
and consequent reduced structural
integrity of the airplane.
DATES: This AD is effective June 13,
2016.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of June 13, 2016.
ADDRESSES: 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. It is also available
on the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2015–
0264.
Jkt 238001
You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2015–
0246; 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:
Galib Abumeri, Aerospace Engineer,
Airframe Branch, ANM–120L, FAA, Los
Angeles Aircraft Certification Office
(ACO), 3960 Paramount Boulevard,
Lakewood, California 90712–4137;
phone: 562–627–5324; fax: 562–627–
5210; email: galib.abumeri@faa.gov.
SUPPLEMENTARY INFORMATION:
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27989
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 February 24, 2015
(80 FR 9667) (‘‘the NPRM’’). The NPRM
was prompted by reports of fatigue
cracking found at the left-side and rightside upper frame, at a certain area. The
NPRM proposed to require repetitive
MFEC inspections for cracking of the
left-side and right-side upper frames,
and repair (including open hole HFEC
inspections for cracking of fastener
holes) if necessary. The NPRM also
provided an optional preventative
modification that would terminate the
repetitive inspections at the modified
location. We are issuing this AD to
detect and correct fatigue cracking of the
upper frame, which can grow in size
and result in a severed frame, leading to
rapid decompression and consequent
reduced 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.
Requests To Clarify Compliance Time
Europe Airpost and Boeing requested
that we revise the NPRM to clarify the
‘‘Condition’’ column of table 1 of
paragraph 1.E., ‘‘Compliance,’’ of Boeing
Alert Service Bulletin 737–53A1339,
dated August 12, 2014, which specifies
airplanes with certain flight cycles ‘‘on
the original issue date of this service
bulletin.’’ The commenters questioned
whether the corresponding compliance
time should be ‘‘on the effective date of
the AD.’’
For the reasons suggested by both
commenters, we agree to add paragraph
(i)(3) to this AD to state that the
corresponding reference point is on the
effective date of this AD, and we have
included reference to paragraph (i)(3) in
all appropriate paragraphs in this AD.
Request for Clarify Inspection
Requirements
Boeing requested that we revise
paragraph (g) of the proposed AD to
address the inspection requirements in
areas of an existing repair to eliminate
cracking approved by a Boeing
Organization Designation Authorization
(ODA) via FAA Form 8100–9. Boeing
explained that this condition is
addressed in note (c) of table 1 of
paragraph 1.E., ‘‘Compliance,’’ of Boeing
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Alert Service Bulletin 737–53A1339,
dated August 12, 2014, and that it
effectively terminates the initial and
repetitive inspections required by
paragraph (g) of the proposed AD for
previously installed frame repairs
approved by the Boeing ODA via FAA
Form 8100–9. Boeing requested that the
proposed AD address the terminating
action for this repair condition.
We agree that clarification is
necessary. Boeing ODA-approved
repairs installed prior to the effective
date of this AD are acceptable to
terminate the initial and repetitive
inspections in the area under the repair.
We have revised paragraph (g) of this
AD accordingly, and added a new
paragraph (g)(1) in this AD.
Request To Clarify Required for
Compliance (RC) Requirements
Southwest Airlines requested that we
clarify paragraph (l)(4) of the proposed
AD. Southwest Airlines explained that
note 15 in paragraph 3.A., ‘‘General
Information,’’ of Boeing Alert Service
Bulletin 737–53A1339, dated August 12,
2014, states that steps in the Work
Instructions that are identified as RC
must be accomplished once the actions
specified in Boeing Alert Service
Bulletin 737–53A1339, dated August 12,
2014, becomes mandated by an AD.
Southwest Airlines stated that note 15
also states that deviations to steps that
are not identified as RC do not require
approval of an Alternative Method of
Compliance (AMOC). Southwest
Airlines stated that paragraph (l)(4) of
the proposed AD specifies that any
service information that is identified as
RC requires AMOC approval except as
required by paragraph (i)(1) of the
proposed AD. Paragraph (k) of the
proposed AD states that the post-repair
and post-modification inspections are
not mandated by the AD, so it is unclear
whether the proposed AD would require
the operator to contact Boeing if there
are crack findings during the post-repair
and post-modification inspections, and
whether or not the resulting repairs are
subject to the requirements of the AD.
We agree to provide clarification.
Paragraph (k) of this AD states that the
post-repair and post-modification
inspections specified in tables 4 and 5
of paragraph 1.E., ‘‘Compliance,’’ of
Boeing Alert Service Bulletin 737–
53A1339, dated August 12, 2014, are not
required by this AD (tables 4 and 5
correspond to Parts 6 and 7,
respectively, of the service
information.). The RC steps in those
parts are also not required by this AD.
Any cracking found—whether during
accomplishment of the actions required
by an AD or during routine
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16:15 May 06, 2016
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maintenance—is required by 14 CFR
43.13(b) to be repaired before further
flight. However, for clarity, we have
revised paragraph (i)(1) of this AD to
refer only to Part 3 and Part 4 of the
Accomplishment Instructions of Boeing
Alert Service Bulletin 737–53A1339,
dated August 12, 2014. In addition, we
have revised paragraph (l)(4) of this AD
to refer to Part 2, Part 3, and Part 4 of
the Accomplishment Instructions of
Boeing Alert Service Bulletin 737–
53A1339, dated August 12, 2014.
We concur with the commenter. We
have redesignated paragraph (c) of the
proposed AD as paragraph (c)(1) in this
AD, and have 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 final rule. 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.
Request To Address Repairs for
Damage Other Than Cracking
Southwest Airlines stated that the
NPRM does not specifically address
existing repairs that prevent
accomplishment of the inspections
proposed in paragraph (g) of the
proposed AD. Note (c) in table 1 of
paragraph 1.E., ‘‘Compliance,’’ of Boeing
Alert Service Bulletin 737–53A1339,
dated August 12, 2014, specifies that an
ODA-approved repair, via FAA Form
8100–9, installed to eliminate
previously found cracking, eliminates
the need for the repetitive inspections at
the repaired locations. Southwest
requested that we revise the NPRM to
apply this provision to repairs for
damage other than cracking. Southwest
Airlines also requested that we
specifically state that any repair
approved by Boeing via an FAA 8100–
9 combined with approval of an AMOC
to paragraph (h) of the proposed AD
terminates both the initial and repetitive
inspections required by paragraph (g) of
the proposed AD.
We agree to add clarification
regarding initial and repetitive
inspections. To provide additional
clarification in the rule we have revised
the wording in paragraphs (g) and (h) of
this AD. Also, we agree to revise the
NPRM to include in this final rule, the
provision for repairs for cracking in
paragraph (g)(1) of this AD, and the
provision for repairs that were installed
for damage other than cracking that
have been re-evaluated and approved by
the Boeing ODA with an FAA Form
8100–9 combined with an AMOC
statement, in paragraph (g)(2) of this
AD.
Change to Paragraph (k) of This AD
Effect of Winglets on the
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/ebd1cec7b301293e
86257cb30045557a/$FILE/
ST01219SE.pdf) does not affect the
actions specified in the NPRM.
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We have revised paragraph (k) of this
AD to clarify that the post-modification
inspections are airworthiness
limitations that are required by
maintenance and operational rules;
therefore, these inspections are not
required by this AD.
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
Boeing has issued Boeing Alert
Service Bulletin 737–53A1339, dated
August 12, 2014. The service
information describes procedures for
repetitive MFEC inspections for
cracking, repair the cracking including
doing an open hole HFEC inspections
for cracking of the holes, and an
optional modification of an inspection
area including open hole and surface
HFEC inspections for cracking of the
area to be modified. 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 109
airplanes of U.S. registry.
We estimate the following costs to
comply with this AD:
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27991
ESTIMATED COSTS
Action
Labor cost
Inspections ....................
14 work-hours × $85 per hour = $1,190 per inspection cycle.
15 work-hours × $85 per hour = $1,275 ............
Preventive modification
(optional).
We estimate the following costs to do
any necessary on-condition actions that
Parts cost
Cost per product
$0
0
Cost on U.S. operators
$1,190 per inspection
cycle.
$1,275 ..........................
$129,710 per inspection
cycle.
$138,975.
would be required based on the results
of the inspection. We have no way of
determining the number of aircraft that
might need these actions:
ON-CONDITION COSTS
Action
Labor cost
Parts cost
Cost per
product
Repair and open hole HFEC inspection ...
36 work-hours × $85 per hour = $3,060 ..........................................
$0
$3,060
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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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
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16:15 May 06, 2016
Jkt 238001
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
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):
■
2016–09–13 The Boeing Company:
Amendment 39–18511; Docket No.
FAA–2015–0246; Directorate Identifier
2014–NM–187–AD.
(a) Effective Date
This AD is effective June 13, 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
737–53A1339, dated August 12, 2014.
(2) Installation of Supplemental Type
Certificate (STC) ST01219SE (https://rgl.faa.
gov/Regulatory_and_Guidance_Library/
rgstc.nsf/0/ebd1cec7b301293e86257cb30
045557a/$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
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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 found at the left-side and
right-side upper frames, at station 360
between stringer 13 and stringer 14. We are
issuing this AD to detect and correct fatigue
cracking of the upper frame, which can grow
in size and result in a severed frame, leading
to rapid decompression and consequent
reduced structural integrity of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Repetitive Inspections for Cracking
Except as required by paragraphs (i)(2) and
(i)(3) of this AD: At the applicable times
specified in table 1 of paragraph 1.E.,
‘‘Compliance,’’ of Boeing Alert Service
Bulletin 737–53A1339, dated August 12,
2014, do a medium frequency eddy current
(MFEC) inspection for cracking on the leftside and right-side of the upper frame at
station 360 between stringer 13 and stringer
14, in accordance with Part 2 of the
Accomplishment Instructions of Boeing Alert
Service Bulletin 737–53A1339, dated August
12, 2014. If no cracking is found, repeat the
inspections at the applicable times specified
in table 1 of paragraph 1.E., ‘‘Compliance,’’
of Boeing Alert Service Bulletin 737–
53A1339, dated August 12, 2014.
Accomplishment of the actions specified in
paragraph (j) of this AD terminates the
repetitive inspections required by this
paragraph at the modified area only. The
initial and repetitive inspections required by
this paragraph may be terminated in the area
under repairs installed prior to the effective
date of this AD, provided they meet the
requirements of paragraph (g)(1) or (g)(2) of
this AD.
(1) Repairs were installed to eliminate
previously found cracking and were
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approved by the Boeing Organization
Designation Authorization (ODA) with an
FAA Form 8100–9.
(2) Repairs were installed for damage other
than cracking that have been re-evaluated
and approved by the Boeing ODA with an
FAA Form 8100–9 that includes an
alternative method of compliance (AMOC)
statement to paragraph (h) of this AD.
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.
(h) Repair
If any cracking is found during any
inspection required by paragraph (g) of this
AD: Before further flight, repair the cracking
including doing an open hole high frequency
eddy current (HFEC) inspection for cracking
of the holes, in accordance with Part 3 of the
Accomplishment Instructions of Boeing Alert
Service Bulletin 737–53A1339, dated August
12, 2014, except as required by paragraph
(i)(1) of this AD. Repair of any crack
terminates the initial and repetitive
inspection requirements of paragraph (g) of
this AD for the repaired area only. If any
cracking is found during any inspection
required by this paragraph, before further
flight, repair using a method approved in
accordance with the procedures specified in
paragraph (l) of this AD.
(l) Alternative Methods of Compliance
(AMOCs)
(i) Exceptions to Service Information
Specifications
(1) Where Part 3 and Part 4 of the
Accomplishment Instructions of Boeing Alert
Service Bulletin 737–53A1339, dated August
12, 2014, specifies contacting Boeing for
repair instructions: Before further flight,
repair using a method approved in
accordance with the procedures specified in
paragraph (l) of this AD.
(2) Where Boeing Alert Service Bulletin
737–53A1339, dated August 12, 2014,
specifies a compliance time ‘‘after the
original issue date of this service bulletin,’’
this AD requires compliance within the
specified time after the effective date of this
AD.
(3) Where the Condition column of table 1
of paragraph 1.E., ‘‘Compliance,’’ of Boeing
Alert Service Bulletin 737–53A1339, dated
August 12, 2014, specifies a reference point
‘‘on the original issue date of this service
bulletin,’’ for this AD the corresponding
reference point is on the effective date of this
AD.
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(j) Optional Preventive Modification
Modification of an inspection area
specified in paragraph (g) of this AD,
including open hole and surface HFEC
inspections for cracking of the area to be
modified, in accordance with Part 4 of the
Accomplishment Instructions of Boeing Alert
Service Bulletin 737–53A1339, dated August
12, 2014, except as required by paragraph
(i)(1) of this AD, terminates the repetitive
inspections required by paragraph (g) of this
AD at the modified location only.
(k) Post-Repair and Post-Modification
Inspections
Tables 4 and 5 of paragraph 1.E.,
‘‘Compliance,’’ of Boeing Alert Service
Bulletin 737–53A1339, dated August 12,
2014, specify post-modification
airworthiness limitation inspections in
compliance to 14 CFR 25.571(a)(3) at the
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Jkt 238001
(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) An AMOC that provides an acceptable
level of safety may be used for any repair
required by this AD if it is approved by
Boeing Commercial Airplanes 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) Except as required by paragraph (i)(1)
of this AD: Where Part 2, Part 3, and Part 4
of the Accomplishment Instructions of
Boeing Alert Service Bulletin 737–53A1339,
dated August 12, 2014, contains steps that
are labeled as RC, the provisions of
paragraphs (l)(4)(i) and (l)(4)(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 the 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.
(m) Related Information
For more information about this AD,
contact Galib Abumeri, Aerospace Engineer,
Airframe Branch, ANM–120L, FAA, Los
Angeles Aircraft Certification Office (ACO),
3960 Paramount Boulevard, Lakewood,
California 90712–4137; phone: 562–627–
5324; fax: 562–627–5210; email:
galib.abumeri@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
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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–
53A1339, dated August 12, 2014.
(ii) Reserved.
(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 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 April 28,
2016.
Dionne Palermo,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2016–10524 Filed 5–6–16; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Parts 97 and 160
46 CFR Part 97
[Docket No. USCG–2000–7080]
RIN 1625–AA25 [Formerly RIN 2115–AF97]
Cargo Securing Manuals
Coast Guard, DHS.
Interim rule and request for
comment.
AGENCY:
ACTION:
The Coast Guard is issuing an
interim rule to require U.S. and foreign
self-propelled cargo vessels of 500 gross
tons or more, traveling on international
voyages and carrying cargo that is other
than solid or liquid bulk cargo, to have
cargo securing manuals (CSMs) on
board. The rule also requires those
vessels to comply with certain
provisions of the International
Convention for the Safety of Life at Sea,
1974 as amended (SOLAS), authorizes
recognized classification societies or
other approval authorities to review and
approve CSMs on behalf of the Coast
Guard; and prescribes when and how
SUMMARY:
E:\FR\FM\09MYR1.SGM
09MYR1
Agencies
[Federal Register Volume 81, Number 89 (Monday, May 9, 2016)]
[Rules and Regulations]
[Pages 27989-27992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10524]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2015-0246; Directorate Identifier 2014-NM-187-AD;
Amendment 39-18511; AD 2016-09-13]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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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 fatigue cracking found at the left-side
and right-side upper frames, at a certain area. This AD requires
repetitive medium frequency eddy current (MFEC) inspections for
cracking of the left-side and right-side upper frames, and repair
(including open hole high frequency eddy current (HFEC) inspections for
cracking of fastener holes) if necessary. This AD also provides an
optional preventive modification, which terminates the repetitive
inspections at the modified location. We are issuing this AD to detect
and correct fatigue cracking of the upper frame, which can grow in size
and result in a severed frame, leading to rapid decompression and
consequent reduced structural integrity of the airplane.
DATES: This AD is effective June 13, 2016.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 13,
2016.
ADDRESSES: 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. It is also available on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2015-
0264.
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-
0246; 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: Galib Abumeri, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification
Office (ACO), 3960 Paramount Boulevard, Lakewood, California 90712-
4137; phone: 562-627-5324; fax: 562-627-5210; email:
galib.abumeri@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 February 24, 2015 (80 FR 9667) (``the NPRM'').
The NPRM was prompted by reports of fatigue cracking found at the left-
side and right-side upper frame, at a certain area. The NPRM proposed
to require repetitive MFEC inspections for cracking of the left-side
and right-side upper frames, and repair (including open hole HFEC
inspections for cracking of fastener holes) if necessary. The NPRM also
provided an optional preventative modification that would terminate the
repetitive inspections at the modified location. We are issuing this AD
to detect and correct fatigue cracking of the upper frame, which can
grow in size and result in a severed frame, leading to rapid
decompression and consequent reduced 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.
Requests To Clarify Compliance Time
Europe Airpost and Boeing requested that we revise the NPRM to
clarify the ``Condition'' column of table 1 of paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 737-53A1339, dated
August 12, 2014, which specifies airplanes with certain flight cycles
``on the original issue date of this service bulletin.'' The commenters
questioned whether the corresponding compliance time should be ``on the
effective date of the AD.''
For the reasons suggested by both commenters, we agree to add
paragraph (i)(3) to this AD to state that the corresponding reference
point is on the effective date of this AD, and we have included
reference to paragraph (i)(3) in all appropriate paragraphs in this AD.
Request for Clarify Inspection Requirements
Boeing requested that we revise paragraph (g) of the proposed AD to
address the inspection requirements in areas of an existing repair to
eliminate cracking approved by a Boeing Organization Designation
Authorization (ODA) via FAA Form 8100-9. Boeing explained that this
condition is addressed in note (c) of table 1 of paragraph 1.E.,
``Compliance,'' of Boeing
[[Page 27990]]
Alert Service Bulletin 737-53A1339, dated August 12, 2014, and that it
effectively terminates the initial and repetitive inspections required
by paragraph (g) of the proposed AD for previously installed frame
repairs approved by the Boeing ODA via FAA Form 8100-9. Boeing
requested that the proposed AD address the terminating action for this
repair condition.
We agree that clarification is necessary. Boeing ODA-approved
repairs installed prior to the effective date of this AD are acceptable
to terminate the initial and repetitive inspections in the area under
the repair. We have revised paragraph (g) of this AD accordingly, and
added a new paragraph (g)(1) in this AD.
Request To Clarify Required for Compliance (RC) Requirements
Southwest Airlines requested that we clarify paragraph (l)(4) of
the proposed AD. Southwest Airlines explained that note 15 in paragraph
3.A., ``General Information,'' of Boeing Alert Service Bulletin 737-
53A1339, dated August 12, 2014, states that steps in the Work
Instructions that are identified as RC must be accomplished once the
actions specified in Boeing Alert Service Bulletin 737-53A1339, dated
August 12, 2014, becomes mandated by an AD. Southwest Airlines stated
that note 15 also states that deviations to steps that are not
identified as RC do not require approval of an Alternative Method of
Compliance (AMOC). Southwest Airlines stated that paragraph (l)(4) of
the proposed AD specifies that any service information that is
identified as RC requires AMOC approval except as required by paragraph
(i)(1) of the proposed AD. Paragraph (k) of the proposed AD states that
the post-repair and post-modification inspections are not mandated by
the AD, so it is unclear whether the proposed AD would require the
operator to contact Boeing if there are crack findings during the post-
repair and post-modification inspections, and whether or not the
resulting repairs are subject to the requirements of the AD.
We agree to provide clarification. Paragraph (k) of this AD states
that the post-repair and post-modification inspections specified in
tables 4 and 5 of paragraph 1.E., ``Compliance,'' of Boeing Alert
Service Bulletin 737-53A1339, dated August 12, 2014, are not required
by this AD (tables 4 and 5 correspond to Parts 6 and 7, respectively,
of the service information.). The RC steps in those parts are also not
required by this AD. Any cracking found--whether during accomplishment
of the actions required by an AD or during routine maintenance--is
required by 14 CFR 43.13(b) to be repaired before further flight.
However, for clarity, we have revised paragraph (i)(1) of this AD to
refer only to Part 3 and Part 4 of the Accomplishment Instructions of
Boeing Alert Service Bulletin 737-53A1339, dated August 12, 2014. In
addition, we have revised paragraph (l)(4) of this AD to refer to Part
2, Part 3, and Part 4 of the Accomplishment Instructions of Boeing
Alert Service Bulletin 737-53A1339, dated August 12, 2014.
Request To Address Repairs for Damage Other Than Cracking
Southwest Airlines stated that the NPRM does not specifically
address existing repairs that prevent accomplishment of the inspections
proposed in paragraph (g) of the proposed AD. Note (c) in table 1 of
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-
53A1339, dated August 12, 2014, specifies that an ODA-approved repair,
via FAA Form 8100-9, installed to eliminate previously found cracking,
eliminates the need for the repetitive inspections at the repaired
locations. Southwest requested that we revise the NPRM to apply this
provision to repairs for damage other than cracking. Southwest Airlines
also requested that we specifically state that any repair approved by
Boeing via an FAA 8100-9 combined with approval of an AMOC to paragraph
(h) of the proposed AD terminates both the initial and repetitive
inspections required by paragraph (g) of the proposed AD.
We agree to add clarification regarding initial and repetitive
inspections. To provide additional clarification in the rule we have
revised the wording in paragraphs (g) and (h) of this AD. Also, we
agree to revise the NPRM to include in this final rule, the provision
for repairs for cracking in paragraph (g)(1) of this AD, and the
provision for repairs that were installed for damage other than
cracking that have been re-evaluated and approved by the Boeing ODA
with an FAA Form 8100-9 combined with an AMOC statement, in paragraph
(g)(2) of this AD.
Effect of Winglets on the 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/
ebd1cec7b301293e86257cb30045557a/$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) in this AD, and have 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
final rule. 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.
Change to Paragraph (k) of This AD
We have revised paragraph (k) of this AD to clarify that the post-
modification inspections are airworthiness limitations that are
required by maintenance and operational rules; therefore, these
inspections are not required by this AD.
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
Boeing has issued Boeing Alert Service Bulletin 737-53A1339, dated
August 12, 2014. The service information describes procedures for
repetitive MFEC inspections for cracking, repair the cracking including
doing an open hole HFEC inspections for cracking of the holes, and an
optional modification of an inspection area including open hole and
surface HFEC inspections for cracking of the area to be modified. 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 109 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
[[Page 27991]]
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Inspections.................... 14 work-hours x $85 per $0 $1,190 per $129,710 per
hour = $1,190 per inspection cycle. inspection cycle.
inspection cycle.
Preventive modification 15 work-hours x $85 per 0 $1,275............ $138,975.
(optional). hour = $1,275.
----------------------------------------------------------------------------------------------------------------
We estimate the following costs to do any necessary on-condition
actions that would be required based on the results of the inspection.
We have no way of determining the number of aircraft that might need
these actions:
On-Condition Costs
----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product
----------------------------------------------------------------------------------------------------------------
Repair and open hole HFEC inspection.... 36 work-hours x $85 per hour = $0 $3,060
$3,060.
----------------------------------------------------------------------------------------------------------------
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):
2016-09-13 The Boeing Company: Amendment 39-18511; Docket No. FAA-
2015-0246; Directorate Identifier 2014-NM-187-AD.
(a) Effective Date
This AD is effective June 13, 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 737-53A1339, dated
August 12, 2014.
(2) Installation of Supplemental Type Certificate (STC)
ST01219SE (https://rgl.faa.gov/Regulatory_and_Guidance_Library/
rgstc.nsf/0/ebd1cec7b301293e86257cb30045557a/$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 found at the
left-side and right-side upper frames, at station 360 between
stringer 13 and stringer 14. We are issuing this AD to detect and
correct fatigue cracking of the upper frame, which can grow in size
and result in a severed frame, leading to rapid decompression and
consequent reduced structural integrity of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Repetitive Inspections for Cracking
Except as required by paragraphs (i)(2) and (i)(3) of this AD:
At the applicable times specified in table 1 of paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 737-53A1339, dated
August 12, 2014, do a medium frequency eddy current (MFEC)
inspection for cracking on the left-side and right-side of the upper
frame at station 360 between stringer 13 and stringer 14, in
accordance with Part 2 of the Accomplishment Instructions of Boeing
Alert Service Bulletin 737-53A1339, dated August 12, 2014. If no
cracking is found, repeat the inspections at the applicable times
specified in table 1 of paragraph 1.E., ``Compliance,'' of Boeing
Alert Service Bulletin 737-53A1339, dated August 12, 2014.
Accomplishment of the actions specified in paragraph (j) of this AD
terminates the repetitive inspections required by this paragraph at
the modified area only. The initial and repetitive inspections
required by this paragraph may be terminated in the area under
repairs installed prior to the effective date of this AD, provided
they meet the requirements of paragraph (g)(1) or (g)(2) of this AD.
(1) Repairs were installed to eliminate previously found
cracking and were
[[Page 27992]]
approved by the Boeing Organization Designation Authorization (ODA)
with an FAA Form 8100-9.
(2) Repairs were installed for damage other than cracking that
have been re-evaluated and approved by the Boeing ODA with an FAA
Form 8100-9 that includes an alternative method of compliance (AMOC)
statement to paragraph (h) of this AD.
(h) Repair
If any cracking is found during any inspection required by
paragraph (g) of this AD: Before further flight, repair the cracking
including doing an open hole high frequency eddy current (HFEC)
inspection for cracking of the holes, in accordance with Part 3 of
the Accomplishment Instructions of Boeing Alert Service Bulletin
737-53A1339, dated August 12, 2014, except as required by paragraph
(i)(1) of this AD. Repair of any crack terminates the initial and
repetitive inspection requirements of paragraph (g) of this AD for
the repaired area only. If any cracking is found during any
inspection required by this paragraph, before further flight, repair
using a method approved in accordance with the procedures specified
in paragraph (l) of this AD.
(i) Exceptions to Service Information Specifications
(1) Where Part 3 and Part 4 of the Accomplishment Instructions
of Boeing Alert Service Bulletin 737-53A1339, dated August 12, 2014,
specifies contacting Boeing for repair instructions: Before further
flight, repair using a method approved in accordance with the
procedures specified in paragraph (l) of this AD.
(2) Where Boeing Alert Service Bulletin 737-53A1339, dated
August 12, 2014, specifies a compliance time ``after the original
issue date of this service bulletin,'' this AD requires compliance
within the specified time after the effective date of this AD.
(3) Where the Condition column of table 1 of paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 737-53A1339, dated
August 12, 2014, specifies a reference point ``on the original issue
date of this service bulletin,'' for this AD the corresponding
reference point is on the effective date of this AD.
(j) Optional Preventive Modification
Modification of an inspection area specified in paragraph (g) of
this AD, including open hole and surface HFEC inspections for
cracking of the area to be modified, in accordance with Part 4 of
the Accomplishment Instructions of Boeing Alert Service Bulletin
737-53A1339, dated August 12, 2014, except as required by paragraph
(i)(1) of this AD, terminates the repetitive inspections required by
paragraph (g) of this AD at the modified location only.
(k) Post-Repair and Post-Modification Inspections
Tables 4 and 5 of paragraph 1.E., ``Compliance,'' of Boeing
Alert Service Bulletin 737-53A1339, dated August 12, 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) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by Boeing
Commercial Airplanes 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) Except as required by paragraph (i)(1) of this AD: Where
Part 2, Part 3, and Part 4 of the Accomplishment Instructions of
Boeing Alert Service Bulletin 737-53A1339, dated August 12, 2014,
contains steps that are labeled as RC, the provisions of paragraphs
(l)(4)(i) and (l)(4)(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 the 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.
(m) Related Information
For more information about this AD, contact Galib Abumeri,
Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles
Aircraft Certification Office (ACO), 3960 Paramount Boulevard,
Lakewood, California 90712-4137; phone: 562-627-5324; fax: 562-627-
5210; email: galib.abumeri@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 737-53A1339, dated August 12,
2014.
(ii) Reserved.
(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 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 April 28, 2016.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-10524 Filed 5-6-16; 8:45 am]
BILLING CODE 4910-13-P