Airworthiness Directives; The Boeing Company Airplanes, 43483-43488 [2016-15291]
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Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Rules and Regulations
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Part Number Inspection
Within 100 flight cycles after the effective
date of this AD, inspect the left and right
MLG retract actuator rod ends to determine
if part number (P/N) P3A2750 or P3A2750–
1 is installed. A review of airplane
maintenance records is acceptable in lieu of
this inspection if the part number can be
conclusively determined from that review.
(h) Repetitive Liquid Penetrant Inspections
(LPIs)
For each left or right MLG retract actuator
rod end having P/N P3A2750 or P3A2750–1:
At the applicable time specified in paragraph
(h)(1) or (h)(2) of this AD, do an LPI to detect
cracks of the MLG retract actuator rod end,
in accordance with the Accomplishment
Instructions of Bombardier Service Bulletin
84–32–142, dated May 4, 2016, except as
required by paragraph (k) of this AD.
Thereafter, repeat the LPI at intervals not to
exceed 600 flight cycles.
(1) If the MLG retract actuator rod end has
accumulated more than 6,000 flight cycles as
of the effective date of this AD: Inspect
within 100 flight cycles after the effective
date of this AD.
(2) If the MLG retract actuator rod end has
accumulated 6,000 flight cycles or fewer as
of the effective date of this AD: Inspect
within 600 flight cycles after the effective
date of this AD.
(i) Corrective Action
If any crack is found during any inspection
required by paragraph (h) of this AD, before
further flight replace the cracked MLG retract
actuator rod end, P/N P3A2750 or P3A2750–
1, with a MLG retract actuator rod end, P/N
P3A6460 in accordance with the
Accomplishment Instructions of Bombardier
Service Bulletin 84–32–142, dated May 4,
2016, except as required by paragraph (k) of
this AD.
(j) Optional Replacement
Replacement of the left and right side MLG
retract actuator rod ends, P/N P3A2750 or
P3A2750–1, with left and right MLG retract
actuator rod ends, P/N P3A6460, in
accordance with the Accomplishment
Instructions of Bombardier Service Bulletin
84–32–142, dated May 4, 2016, except as
required by paragraph (k) of this AD,
constitutes terminating action for the actions
required by paragraphs (g) and (h) of this AD
for that airplane.
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(k) Exception to Paragraphs (h), (i), and (j)
of This AD
If it is not possible to complete all the
instructions in Bombardier Service Bulletin
84–32–142, dated May 4, 2016 because of the
configuration of the airplane: Before further
flight, repair using a method approved by the
Manager, New York ACO, ANE–170, FAA; or
Transport Canada Civil Aviation (TCCA); or
Bombardier, Inc.’s TCCA Design Approval
Organization (DAO).
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(l) Parts Installation Prohibition
As of the effective date of this AD, no
person may install a left or right MLG retract
actuator rod end, P/N P3A2750 or P3A2750–
1, on any airplane.
(m) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York ACO,
ANE–170, 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 ACO, send it to ATTN: Program
Manager, Continuing Operational Safety,
FAA, New York ACO, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone
516–228–7300; fax 516–794–5531. Before
using any approved AMOC, notify your
appropriate principal inspector, or lacking a
principal inspector, the manager of the local
flight standards district office/certificate
holding district office. The AMOC approval
letter must specifically reference this AD.
(2) Contacting the Manufacturer: As of the
effective date of this AD, for any requirement
in this AD to obtain corrective actions from
a manufacturer, the action must be
accomplished using a method approved by
the Manager, New York ACO, ANE–170,
FAA; or Transport Canada Civil Aviation
(TCCA); or Bombardier, Inc.’s TCCA Design
Approval Organization (DAO). If approved by
the DAO, the approval must include the
DAO-authorized signature.
(n) Related Information
Refer to Mandatory Continuing
Airworthiness Information (MCAI) Canadian
AD CF–2016–16, dated May 20, 2016, for
related information. You may examine the
MCAI on the Internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2016–7422.
(o) 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 this AD specifies otherwise.
(i) Bombardier Service Bulletin 84–32–142,
dated May 4, 2016.
(ii) Reserved.
(3) For service information identified in
this AD, contact Bombardier, Inc., Q-Series
Technical Help Desk, 123 Garratt Boulevard,
Toronto, Ontario M3K 1Y5, Canada;
telephone: 416–375–4000; fax: 416–375–
4539; email: thd.qseries@
aero.bombardier.com; Internet: https://
www.bombardier.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
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43483
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 June 22,
2016.
Dorr M. Anderson,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2016–15357 Filed 7–1–16; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2015–3628; Directorate
Identifier 2015–NM–025–AD; Amendment
39–18574; AD 2016–13–10]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
We are superseding
Airworthiness Directive (AD) 2012–12–
04, for certain The Boeing Company
Model 737–300, –400, and –500 series
airplanes. AD 2012–12–04 required
repetitive external detailed inspections
and nondestructive inspections to detect
cracks in the fuselage skin along the
chem-mill steps at stringers S–1 and S–
2R, between station (STA) 400 and STA
460, and repair if necessary. This new
AD requires a preventive modification
of the fuselage skin at crown stringers
S–1 and S–2R. This new AD also
reduces the inspection threshold for
certain airplanes. This AD was
prompted by a determination that, for
certain airplanes, the skin pockets
adjacent to the Air Traffic Control (ATC)
antenna are susceptible to widespread
fatigue damage. We are issuing this AD
to detect and correct fatigue cracking of
the fuselage skin panels at the chemmill steps, which could result in sudden
fracture and failure of the fuselage skin
panels, and consequent rapid
decompression of the airplane.
DATES: This AD is effective August 9,
2016.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of August 9, 2016.
The Director of the Federal Register
approved the incorporation by reference
of a certain other publication listed in
SUMMARY:
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this AD as of July 23, 2012 (77 FR
36134, June 18, 2012).
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–
3628.
sradovich on DSK3GDR082PROD with RULES
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov. by searching for
and locating Docket No. FAA–2015–
3628; or in person at the Docket
Management Facility between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this 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 to supersede AD 2012–12–04,
Amendment 39–17083 (77 FR 36134,
June 18, 2012) (‘‘AD 2012–12–04’’). AD
2012–12–04 applied to certain The
Boeing Company Model 737–300, –400,
and –500 series airplanes. The NPRM
published in the Federal Register on
September 14, 2015 (80 FR 55045) (‘‘the
NPRM’’). The NPRM was prompted by
a determination that, for certain
airplanes, the skin pockets adjacent to
the ATC antenna are susceptible to
widespread fatigue damage. The NPRM
proposed to continue to require
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repetitive external detailed inspections
and nondestructive inspections to detect
cracks in the fuselage skin along the
chem-mill steps at stringers S–1 and S–
2R, between STA 400 and STA 460, and
repair if necessary. The NPRM also
proposed to require a preventive
modification of the fuselage skin at
crown stringers S–1 and S–2R. In
addition, the NPRM proposed to revise
certain compliance times. We are
issuing this AD to detect and correct
fatigue cracking of the fuselage skin
panels at the chem-mill steps, which
could result in sudden fracture and
failure of the fuselage skin panels, and
consequent rapid decompression of the
airplane.
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
Changes
Boeing asked that we change the
NPRM preamble, which stated that the
proposed AD would reduce the
inspection thresholds ‘‘and repetitive
intervals’’ for certain airplanes. Boeing
stated that the repetitive inspection
intervals specified in Boeing Alert
Service Bulletin 737–53A1293, Revision
3, dated January 23, 2015, remain
unchanged from the previous version of
the service information, which was
mandated by AD 2012–12–04. Boeing
added that Boeing Alert Service Bulletin
737–53A1293, Revision 3, dated January
23, 2015, reduced only the inspection
threshold for those airplanes.
We agree with the commenter’s
request for the reason provided. We
have changed the language in the
SUMMARY of this final rule accordingly.
Request To Clarify Acceptable Previous
Alternative Methods of Compliance
(AMOCs)
Boeing and Southwest Airlines (SWA)
asked that we revise paragraph (l)(4) of
the proposed AD. Boeing requested that
we state that AMOCs approved for AD
2012–12–04 are approved as AMOCs for
‘‘all corresponding requirements’’—
instead of just the requirements of
paragraph (g)—of the proposed AD.
Boeing stated that this proposed change
matches the wording in paragraph (l)(4)
of AD 2012–12–04. SWA added that
paragraph (l)(4) of the proposed AD
does not provide credit for AMOCs
approved for the actions specified in
paragraphs (f) and (g) of AD 2008–19–
03, Amendment 39–15670 (73 FR
56958, October 1, 2008) (‘‘AD 2008–19–
PO 00000
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03’’). (AD 2008–19–03 was superseded
by AD 2012–12–04.)
We agree to revise paragraph (n)(4) of
this AD (paragraph (l)(4) of the proposed
AD) to specify that AMOCs approved for
AD 2012–12–04 are approved as
AMOCs for all the corresponding
provisions of this AD.
It is not necessary, however, to state
that AMOCs approved for AD 2008–19–
03 are approved for the requirements of
this AD. When AD 2008–19–03 was
superseded, the corresponding
provisions of AD 2008–19–03 were
retained in AD 2012–12–04. Therefore,
no change to this final rule is necessary
in this regard.
Request To Separate Certain Actions
for Clarification
Boeing, ASL Airlines France, and
SWA asked that we clarify the
requirements of paragraph (h) of the
proposed AD by separating the actions
into two core paragraphs: One
paragraph for ‘‘Repairs’’ and one
paragraph for the ‘‘Preventive
Modification.’’ Boeing stated that tables
1, 2, and 3 of Boeing Alert Service
Bulletin 737–53A1293, Revision 3,
dated January 23, 2015, address the
repair and preventive modification
instructions for Group 1 airplanes, and
table 5 addresses repair instructions for
Group 2 airplanes; therefore table 5
should not be included in paragraph
(h)(2) of the proposed AD. Boeing also
stated that Note (e) of tables 1, 2, and
3 of Boeing Alert Service Bulletin 737–
53A1293, Revision 3, dated January 23,
2015, provides a terminating action
provision for the repetitive inspections
under the installed preventive
modification doubler; therefore a
terminating action should be added to
paragraph (h)(2) of the proposed AD.
ASL Airlines France stated that, as
written, paragraph (h) of the proposed
AD is confusing because it would
require the preventive modification
specified in paragraph (h)(2) of the
proposed AD to be installed only if
cracking is found. SWA stated that
Boeing Alert Service Bulletin 737–
53A1293, Revision 3, dated January 23,
2015, does not provide repair
instructions for cracks found in four or
more tear strap bays and certain other
conditions, as specified in figure 6 or
figure 8 of the Accomplishment
Instructions. SWA asked that a
provision be added to paragraph (h)(2)
of the proposed AD to allow for both
new and existing repairs to remain on
the airplane if the repair covers all eight
chem-mill step inspection areas
between STA 410 and STA 450, if
approved by the FAA or a Boeingapproved representative.
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We agree with the commenters’
requests for the reasons provided. We
have separated paragraph (h) of the
proposed AD into paragraphs (h) and (i)
of this AD to clarify the actions
identified by the commenters (and have
redesignated subsequent paragraphs
accordingly).
Request To Add Exception for the
Preventive Modification
Boeing asked that we add a new
exception to address the preventive
modification. Boeing stated that
paragraph (j)(3) of the proposed AD
addresses repairs, and a similar
paragraph needs to be added to address
the preventive modification specified in
Part 9 of the Accomplishment
Instructions of Boeing Alert Service
Bulletin 737–53A1293, Revision 3,
dated January 23, 2015; Part 9 specifies
contacting Boeing for preventive
modification instructions. Boeing added
that the new exception should be done
using a method approved by the FAA or
a Boeing approved representative.
We agree with the commenter’s
request. Part 9 of the Accomplishment
Instructions of Boeing Alert Service
Bulletin 737–53A1293, Revision 3,
dated January 23, 2015, specifies
contacting Boeing for modification
instructions if an existing repair is
installed that was not accomplished in
accordance with Boeing Alert Service
Bulletin 737–53A1293, Revision 3,
dated January 23, 2015. We have revised
paragraph (l)(3) of this AD (paragraph
(j)(3) of the proposed AD) to include the
exception to account for the preventive
modification.
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Effect of Winglets on Accomplishment
of the Proposed Actions
Aviation Partners Boeing stated that
accomplishing the supplemental type
certificate (STC) ST01219SE does not
affect the actions specified in the
NPRM.
We agree with the commenter. We
have redesignated paragraph (c) of the
proposed AD as (c)(1) and added new
paragraph (c)(2) to this AD to state that
installation of STC ST01219SE (https://
rgl.faa.gov/Regulatory_and_Guidance_
Library/rgstc.nsf/0/BE866B732F6CF31
086257B9700692796?OpenDocument&
Highlight=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.
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Request To Restate the Optional
Modification in AD 2012–12–04
Boeing and Al Nippon Airways
(ANA) asked that the optional
modification specified in paragraph (i)
of AD 2012–12–04 be restated in this
AD. The commenters stated that Section
1.F., ‘‘Approval’’ of Boeing Alert Service
Bulletin 737–53A1305, Revision 1,
dated September 19, 2012, includes
approval of the accomplishment of the
inspections and modifications, in
accordance with that service
information for the modified area only,
as a method of compliance with the
modification specified in paragraph (i)
of AD 2012–12–04. The commenters
added that since the optional
modification is not restated in the
proposed AD, this approval is now
eliminated.
We agree with the commenters for the
reasons provided. We have restated the
optional modification in new paragraph
(j) of this AD (paragraph (i) of AD 2012–
12–04), and redesignated subsequent
paragraphs accordingly.
Request To Clarify the Extent of AMOC
Approvals
Boeing asked whether AMOCs would
be considered for ‘‘preventive
modifications,’’ in addition to repairs, in
paragraph (l)(3) of the proposed AD.
Boeing stated that adding this would
address the AMOC requirement for the
mandatory preventive modification.
We agree with the commenter’s
request because deviations to the
mandated preventive modification are
possible. Therefore, we have added
‘‘modification’’ (as well as ‘‘alteration’’)
to paragraph (n)(3) of this AD
(paragraph (l)(3) of the proposed AD).
Request To Clarify Exception
ASL Airlines France asked that we
clarify the reference in paragraph 1.E.,
‘‘Compliance,’’ of Boeing Alert Service
Bulletin 737–53A1293, Revision 3,
dated January 23, 2015, specified in the
‘‘Condition’’ columns. The commenter
stated that the flight-cycle compliance
time referred to in these columns
specifies ‘‘at the Revision 3 date of this
service bulletin’’ instead of ‘‘as of the
effective date of this AD.’’ The
commenter asked that we include a new
paragraph to clarify that ‘‘as of the
effective date of this AD’’ should be
used for compliance throughout the
proposed AD.
We acknowledge the commenter’s
concern; however, paragraph (l)(1) of
the proposed AD already addressed this
difference; paragraph (j)(2) of this AD
retains this provision. Therefore, no
change to this AD is necessary in this
regard.
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43485
Request To Correct Typographical
Errors
Boeing and ASL Airlines France
asked that we correct the paragraph
reference in Note 1 to paragraph (i) of
the proposed AD and in paragraph (j)(3)
of the proposed AD. The commenters
stated that these are typographical
errors.
The information in Note 1 to
paragraph (i) of the proposed AD has
been included in paragraph (j) of this
final rule (paragraph (i) of the proposed
AD), therefore ‘‘Note 1’’ no longer exists.
In light of this, the requested correction
is not necessary in this regard. We have
corrected the reference in paragraph
(j)(3) of the proposed AD (paragraph
(l)(3) of this AD) accordingly.
Change to Paragraph (k) of This AD
We have revised the language in
paragraph (k) of this AD (paragraph (i)
in the proposed AD) to clarify that the
post-repair/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
We reviewed Boeing Alert Service
Bulletin 737–53A1293, Revision 3,
dated January 23, 2015. The service
information describes procedures for
repetitive external detailed inspections
and non-destructive inspections to
detect cracks in the fuselage skin along
the chem-mill steps at stringers S–1 and
S–2R, between STA 400 and STA 460,
and repair of any cracking. The service
information also describes procedures
for a modification of the chem-mill
steps at the locations identified,
including related investigative actions
and corrective actions, and repetitive
post-mod inspections. This service
information is reasonably available
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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 186
airplanes of U.S. registry.
We estimate the following costs to
comply with this AD:
ESTIMATED COSTS
Action
Labor cost
Retained inspections from AD
2012–12–04.
Between 7 and 15 work-hours
× $85 per hour, depending
on airplane configuration =
between $595 and $1,275
per inspection cycle.
236 work-hours × $85 per
hour = $20,060.
New modification ....................
Parts cost
Cost per product
$0
1
Cost on U.S. operators
Between $595 and $1,275
per inspection cycle.
Between $110,670 and
$237,150 per inspection
cycle.
$20,060 ..................................
$3,731,160.
1 We currently have no specific cost estimates associated with the parts necessary for the modification. We cannot determine the cost of the
materials because the modification parts must be sized at the time the modification is installed, taking into account any existing repairs in the
area.
We have received no definitive data
that enables us to provide a cost
estimate for the on-condition actions
specified in this AD.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
Section 106, describes the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in Subtitle VII,
Part A, Subpart III, Section 44701,
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
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Regulatory Findings
We have determined that 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
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(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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by
removing Airworthiness Directive (AD)
2012–12–04, Amendment 39–17083 (77
FR 36134, June 18, 2012), and adding
the following new AD:
■
2016–13–10 The Boeing Company:
Amendment 39–18574; Docket No.
FAA–2015–3628; Directorate Identifier
2015–NM–025–AD.
(a) Effective Date
This AD is effective August 9, 2016.
(b) Affected ADs
This AD replaces AD 2012–12–04,
Amendment 39–17083 (77 FR 36134, June
18, 2012) (‘‘AD 2012–12–04’’).
(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
737–53A1293, Revision 3, dated January 23,
2015.
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(2) Installation of Supplemental Type
Certificate (STC) ST01219SE (https://rgl.faa.
gov/Regulatory_and_Guidance_Library/
rgstc.nsf/0/BE866B732F6CF31086257B97006
92796?OpenDocument&Highlight=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’’ 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 cracks
found on the fuselage skin at the chem-mill
steps, and the determination that, for certain
airplanes, the skin pockets adjacent to the Air
Traffic Control antenna are susceptible to
widespread fatigue damage. We are issuing
this AD to detect and correct fatigue cracking
of the fuselage skin panels at the chem-mill
steps, which could result in sudden fracture
and failure of the fuselage skin panels, and
consequent rapid decompression of the
airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Inspections
At the applicable time specified in tables
1, 2, 3, and 5 of paragraph 1.E.,
‘‘Compliance,’’ of Boeing Alert Service
Bulletin 737–53A1293, Revision 3, dated
January 23, 2015, except as required by
paragraphs (l)(1) and (l)(2) of this AD: Do the
actions specified in paragraphs (g)(1) and
(g)(2) of this AD, in accordance with the
Accomplishment Instructions of Boeing Alert
Service Bulletin 737–53A1293, Revision 3,
dated January 23, 2015, except as required by
paragraph (l)(3) of this AD. Repeat the
applicable inspections thereafter at the
applicable times specified in paragraph 1.E.,
‘‘Compliance,’’ of Boeing Alert Service
Bulletin 737–53A1293, Revision 3, dated
January 23, 2015.
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(1) Do an external detailed inspection for
cracking of the fuselage skin chem-mill steps.
(2) Do an external non-destructive
(medium frequency eddy current, magneto
optical imaging, C-Scan, or ultrasonic phased
array) inspection for cracking of the fuselage
skin chem-mill steps.
(h) Repair
If any cracking is found during any
inspection required by paragraph (g) of this
AD, do the applicable actions specified in
paragraph (h)(1), (h)(2), or (h)(3) of this AD.
(1) Repair before further flight in
accordance with Part 2 (for Group 1
airplanes) or Part 7 (for Group 2 airplanes) of
the Accomplishment Instructions of Boeing
Alert Service Bulletin 737–53A1293,
Revision 3, dated January 23, 2015; except as
required by paragraph (l)(3) of this AD.
Installation of a repair that meets the
conditions specified in Note (a) of table 1, 2,
3, or 5 of paragraph 1.E., ‘‘Compliance,’’ of
Boeing Alert Service Bulletin 737–53A1293,
Revision 3, dated January 23, 2015,
terminates the repetitive inspections required
by paragraph (g) of this AD for the area
covered by that repair only.
(2) For Group 1 airplanes: Accomplishing
the modification specified in paragraph (i) of
this AD is a method of compliance with
paragraph (h)(1) of this AD.
(3) If any cracking is found in any area not
covered by the preventive modification
doubler during any inspection required by
paragraph (g) of this AD: Repair before
further flight, in accordance with Part 3 of
the Accomplishment Instructions of Boeing
Alert Service Bulletin 737–53A1293,
Revision 3, dated January 23, 2015, except as
provided by paragraph (n)(4) of this AD. Both
new and existing repairs are allowed if the
repair covers all eight chem-mill step
inspection areas between STA 410 and STA
450, and the repairs were done using a
method approved in accordance with the
procedures specified in paragraph (n)(1) of
this AD.
sradovich on DSK3GDR082PROD with RULES
(i) Preventive Modification
For Group 1 airplanes: At the applicable
time specified in tables 1, 2 and 3 of
paragraph 1.E., ‘‘Compliance,’’ of Boeing
Alert Service Bulletin 737–53A1293,
Revision 3, dated January 23, 2015, except as
required by paragraphs (l)(1) and (l)(2) of this
AD, do a preventive modification of the
fuselage skin at crown stringers S–1 and S–
2R, including all applicable related
investigative actions in accordance with Part
9 of the Accomplishment Instructions of
Boeing Alert Service Bulletin 737–53A1293,
Revision 3, dated January 23, 2015, except as
provided by paragraph (n)(4) of this AD. Do
all applicable related investigative actions
concurrently with the modification.
Installation of a preventive modification
terminates the repetitive inspections required
by paragraph (g) of this AD for the modified
area only. Thereafter, repeat the inspections
specified in Part 3 of the Accomplishment
Instructions of Boeing Alert Service Bulletin
737–53A1293, Revision 3, dated January 23,
2015.
VerDate Sep<11>2014
16:06 Jul 01, 2016
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(j) Optional Modification
Accomplishing a modification of the chemmill steps at any location identified in Boeing
Service Bulletin 737–53A1293, Revision 2,
dated August 10, 2011, using a method
approved in accordance with the procedures
specified in paragraph (n)(1) of this AD,
terminates the repetitive inspections required
by paragraph (g) of this AD for the modified
area only.
(k) Post-Repair/Post-Modification
Inspections
Tables 4 and 6 of paragraph 1.E.,
‘‘Compliance,’’ of Boeing Alert Service
Bulletin 737–53A1293, Revision 3, dated
January 23, 2015, specify post-repair/postmodification airworthiness limitation
inspections in compliance with 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) Exceptions to Service Bulletin
Specifications
(1) Where Boeing Alert Service Bulletin
737–53A1293, Revision 3, dated January 23,
2015, specifies a compliance time ‘‘after the
Revision 3 date of this service bulletin,’’ this
AD requires compliance within the specified
compliance time after the effective date of
this AD.
(2) Where the Condition column of
paragraph 1.E., ‘‘Compliance,’’ of Boeing
Alert Service Bulletin 737–53A1293,
Revision 3, dated January 23, 2015, specifies
a condition based on when an airplane has
or has not been inspected, this AD bases the
condition on whether an airplane has or has
not been inspected on the effective date of
this AD.
(3) Where Boeing Alert Service Bulletin
737–53A1293, Revision 3, dated January 23,
2015, specifies to contact Boeing for repair or
preventive modification instructions: Before
further flight, do the repair or preventive
modification, as applicable, using a method
approved in accordance with the procedures
specified in paragraph (n)(1) of this AD.
(m) Credit for Previous Actions
(1) This paragraph provides credit for
actions required by paragraphs (g) and (h) of
this AD, if those actions were performed
before July 23, 2012 (the effective date of AD
2012–12–04), using Boeing Alert Service
Bulletin 737–53A1293, Revision 1, dated July
7, 2010, which is not incorporated by
reference in this AD.
(2) This paragraph provides credit for
actions required by paragraphs (g) and (h) of
this AD, if those actions were performed
before the effective date of this AD using
Boeing Alert Service Bulletin 737–53A1293,
Revision 2, dated August 10, 2011, which
was incorporated by reference in AD 2012–
12–04.
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43487
(n) 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 (o)(1) of this AD. Information may
be emailed to: 9-ANM-LAACO-AMOCRequests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
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,
modification, or alteration required by this
AD if it is approved by the Boeing
Commercial Airplanes Organization
Designation Authorization (ODA) that has
been authorized by the Manager, Los Angeles
ACO, to make those findings. To be
approved, the repair method, modification
deviation, or alteration deviation method
must meet the certification basis of the
airplane, and the approval must specifically
refer to this AD.
(4) AMOCs approved for AD 2012–12–04
are approved as AMOCs for the
corresponding provisions of this AD.
(o) Related Information
(1) For more information about this AD,
contact Jennifer Tsakoumakis, Aerospace
Engineer, Airframe Branch, ANM–120L,
FAA, Los Angeles ACO, 3960 Paramount
Boulevard, Lakewood, CA 90712–4137;
phone: 562–627–5264; fax: 562–627–5210;
email: jennifer.tsakoumakis@faa.gov.
(2) Service information identified in this
AD that is not incorporated by reference is
available at the addresses specified in
paragraphs (p)(5) and (p)(6) of this AD.
(p) 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.
(3) The following service information was
approved for IBR on August 9, 2016.
(i) Boeing Alert Service Bulletin 737–
53A1293, Revision 3, dated January 23, 2015.
(ii) Reserved.
(4) The following service information was
approved for IBR on July 23, 2012 (77 FR
36134, June 18, 2012).
(i) Boeing Service Bulletin 737–53A1293,
Revision 2, dated August 10, 2011.
(ii) Reserved.
(5) 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.
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Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Rules and Regulations
(6) 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.
(7) 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 June 21,
2016.
Dorr Anderson,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
List of Subjects in 26 CFR Part 301
Employment taxes, Estate taxes,
Excise taxes, Gift taxes, Income taxes,
Penalties, Reporting and recordkeeping
requirements.
Correction of Publication
Accordingly, 26 CFR part 301 is
corrected by making the following
correcting amendment:
PART 301—PROCEDURE AND
ADMINISTRATION
Paragraph 1. The authority citation
for part 301 continues to read in part as
follows:
■
[FR Doc. 2016–15291 Filed 7–1–16; 8:45 am]
Authority: 26 U.S.C. 7805 * * *
BILLING CODE 4910–13–P
Par. 2. Section 301.7701–2T is
amended by revising paragraph (e)(8)(ii)
to read as follows:
■
DEPARTMENT OF THE TREASURY
§ 301.7701–2T Business entities;
definitions (temporary).
Internal Revenue Service
*
26 CFR Part 301
[TD 9766]
RIN 1545–BM87
Self-Employment Tax Treatment of
Partners in a Partnership That Owns a
Disregarded Entity; Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Final and temporary
regulations; correcting amendment.
AGENCY:
This document contains a
correction to final and temporary
regulations (TD 9766) that were
published in the Federal Register on
May 4, 2016 (81 FR 26693). The final
and temporary regulations clarify the
employment tax treatment of partners in
a partnership that owns a disregarded
entity.
SUMMARY:
This correction is effective on
July 5, 2016 and applicable on May 4,
2016.
FOR FURTHER INFORMATION CONTACT:
Andrew Holubeck at (202) 317–4774
(not a toll free number).
SUPPLEMENTARY INFORMATION:
DATES:
sradovich on DSK3GDR082PROD with RULES
Background
Martin V. Franks,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel (Procedure and Administration).
[FR Doc. 2016–15739 Filed 7–1–16; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2016–0169]
RIN 1625–AA08
Special Local Regulation; Cumberland
River, Mile 190.0 to 191.5; Nashville, TN
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
Need for Correction
As published, the final and temporary
regulations (TD 9766) contains an error
that may prove to be misleading and is
in need of clarification.
16:06 Jul 01, 2016
Jkt 238001
PO 00000
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Fmt 4700
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I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On January 28, 2016, the Nashville
Paddle Company notified the Coast
Guard that it will be conducting a
rowing race from 9 a.m. to noon on July
30, 2016. The event will consist of at
least 75 participants on various sized
stand up paddle boards and kayaks on
the Cumberland River. The Captain of
the Port Ohio Valley (COTP) determined
that additional safety measures are
necessary to protect participants,
spectators, and waterway users during
this event. In response, on June 10,
2016, the Coast Guard published a
notice of proposed rulemaking (NPRM)
Special Local Regulation; Cumberland
River, Mile 190.0 to 191.5; Nashville,
TN (81 FR 37562).
There we stated why we issued the
NPRM, and invited comments on our
proposed regulatory action related to
this marine event. During the comment
period that ended June 27, 2016 we
received no comments.
III. Legal Authority and Need for Rule
The Coast Guard is
establishing a special local regulation
for all waters of the Cumberland River
beginning at mile marker 190.0 and
ending at mile marker 191.5 from 9 a.m.
until noon on July 30, 2016. This special
regulation is necessary to provide safety
for the participants in the ‘‘Music City
SUP Race’’ marine event. This
rulemaking prohibits persons and
vessels from being in the special local
SUMMARY:
The final and temporary regulations
(TD 9766) that are the subject of this
correction are under section 7701 of the
Internal Revenue Code.
VerDate Sep<11>2014
*
*
*
*
(e) * * *
(8) * * *
(ii) Expiration date. The applicability
of paragraph (c)(2)(iv)(C)(2) of this
section expires on or before May 3,
2019, or such earlier date as may be
determined under amendments to the
regulations issued after May 3, 2016.
regulated area unless authorized by the
Captain of the Port Ohio Valley or a
designated representative.
DATES: This rule is effective from 9 a.m.
until noon on July 30, 2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
0169 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Petty Officer Ashley Schad, MSD
Nashville, Nashville, TN, at 615–736–
5421 or at Ashley.M.Schad@uscg.mil.
SUPPLEMENTARY INFORMATION:
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1233. The
Captain of the Port Ohio Valley (COTP)
has determined that potential hazards
associated with the marine event in this
July 30, 2016, event will be a safety
concern for the participants of the event.
The purpose of this rule is to ensure
safety of vessels and participants and
the navigable waters in the special local
regulation area before, during, and after
the scheduled event.
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]]>Agencies
[Federal Register Volume 81, Number 128 (Tuesday, July 5, 2016)]
[Rules and Regulations]
[Pages 43483-43488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15291]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2015-3628; Directorate Identifier 2015-NM-025-AD;
Amendment 39-18574; AD 2016-13-10]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are superseding Airworthiness Directive (AD) 2012-12-04,
for certain The Boeing Company Model 737-300, -400, and -500 series
airplanes. AD 2012-12-04 required repetitive external detailed
inspections and nondestructive inspections to detect cracks in the
fuselage skin along the chem-mill steps at stringers S-1 and S-2R,
between station (STA) 400 and STA 460, and repair if necessary. This
new AD requires a preventive modification of the fuselage skin at crown
stringers S-1 and S-2R. This new AD also reduces the inspection
threshold for certain airplanes. This AD was prompted by a
determination that, for certain airplanes, the skin pockets adjacent to
the Air Traffic Control (ATC) antenna are susceptible to widespread
fatigue damage. We are issuing this AD to detect and correct fatigue
cracking of the fuselage skin panels at the chem-mill steps, which
could result in sudden fracture and failure of the fuselage skin
panels, and consequent rapid decompression of the airplane.
DATES: This AD is effective August 9, 2016.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 9,
2016.
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in
[[Page 43484]]
this AD as of July 23, 2012 (77 FR 36134, June 18, 2012).
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-
3628.
Examining the AD Docket
You may examine the AD docket on the Internet at https://www.regulations.gov. by searching for and locating Docket No. FAA-2015-
3628; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this 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 to supersede AD 2012-12-04, Amendment 39-17083 (77 FR 36134,
June 18, 2012) (``AD 2012-12-04''). AD 2012-12-04 applied to certain
The Boeing Company Model 737-300, -400, and -500 series airplanes. The
NPRM published in the Federal Register on September 14, 2015 (80 FR
55045) (``the NPRM''). The NPRM was prompted by a determination that,
for certain airplanes, the skin pockets adjacent to the ATC antenna are
susceptible to widespread fatigue damage. The NPRM proposed to continue
to require repetitive external detailed inspections and nondestructive
inspections to detect cracks in the fuselage skin along the chem-mill
steps at stringers S-1 and S-2R, between STA 400 and STA 460, and
repair if necessary. The NPRM also proposed to require a preventive
modification of the fuselage skin at crown stringers S-1 and S-2R. In
addition, the NPRM proposed to revise certain compliance times. We are
issuing this AD to detect and correct fatigue cracking of the fuselage
skin panels at the chem-mill steps, which could result in sudden
fracture and failure of the fuselage skin panels, and consequent rapid
decompression of the airplane.
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 Changes
Boeing asked that we change the NPRM preamble, which stated that
the proposed AD would reduce the inspection thresholds ``and repetitive
intervals'' for certain airplanes. Boeing stated that the repetitive
inspection intervals specified in Boeing Alert Service Bulletin 737-
53A1293, Revision 3, dated January 23, 2015, remain unchanged from the
previous version of the service information, which was mandated by AD
2012-12-04. Boeing added that Boeing Alert Service Bulletin 737-
53A1293, Revision 3, dated January 23, 2015, reduced only the
inspection threshold for those airplanes.
We agree with the commenter's request for the reason provided. We
have changed the language in the SUMMARY of this final rule
accordingly.
Request To Clarify Acceptable Previous Alternative Methods of
Compliance (AMOCs)
Boeing and Southwest Airlines (SWA) asked that we revise paragraph
(l)(4) of the proposed AD. Boeing requested that we state that AMOCs
approved for AD 2012-12-04 are approved as AMOCs for ``all
corresponding requirements''--instead of just the requirements of
paragraph (g)--of the proposed AD. Boeing stated that this proposed
change matches the wording in paragraph (l)(4) of AD 2012-12-04. SWA
added that paragraph (l)(4) of the proposed AD does not provide credit
for AMOCs approved for the actions specified in paragraphs (f) and (g)
of AD 2008-19-03, Amendment 39-15670 (73 FR 56958, October 1, 2008)
(``AD 2008-19-03''). (AD 2008-19-03 was superseded by AD 2012-12-04.)
We agree to revise paragraph (n)(4) of this AD (paragraph (l)(4) of
the proposed AD) to specify that AMOCs approved for AD 2012-12-04 are
approved as AMOCs for all the corresponding provisions of this AD.
It is not necessary, however, to state that AMOCs approved for AD
2008-19-03 are approved for the requirements of this AD. When AD 2008-
19-03 was superseded, the corresponding provisions of AD 2008-19-03
were retained in AD 2012-12-04. Therefore, no change to this final rule
is necessary in this regard.
Request To Separate Certain Actions for Clarification
Boeing, ASL Airlines France, and SWA asked that we clarify the
requirements of paragraph (h) of the proposed AD by separating the
actions into two core paragraphs: One paragraph for ``Repairs'' and one
paragraph for the ``Preventive Modification.'' Boeing stated that
tables 1, 2, and 3 of Boeing Alert Service Bulletin 737-53A1293,
Revision 3, dated January 23, 2015, address the repair and preventive
modification instructions for Group 1 airplanes, and table 5 addresses
repair instructions for Group 2 airplanes; therefore table 5 should not
be included in paragraph (h)(2) of the proposed AD. Boeing also stated
that Note (e) of tables 1, 2, and 3 of Boeing Alert Service Bulletin
737-53A1293, Revision 3, dated January 23, 2015, provides a terminating
action provision for the repetitive inspections under the installed
preventive modification doubler; therefore a terminating action should
be added to paragraph (h)(2) of the proposed AD. ASL Airlines France
stated that, as written, paragraph (h) of the proposed AD is confusing
because it would require the preventive modification specified in
paragraph (h)(2) of the proposed AD to be installed only if cracking is
found. SWA stated that Boeing Alert Service Bulletin 737-53A1293,
Revision 3, dated January 23, 2015, does not provide repair
instructions for cracks found in four or more tear strap bays and
certain other conditions, as specified in figure 6 or figure 8 of the
Accomplishment Instructions. SWA asked that a provision be added to
paragraph (h)(2) of the proposed AD to allow for both new and existing
repairs to remain on the airplane if the repair covers all eight chem-
mill step inspection areas between STA 410 and STA 450, if approved by
the FAA or a Boeing-approved representative.
[[Page 43485]]
We agree with the commenters' requests for the reasons provided. We
have separated paragraph (h) of the proposed AD into paragraphs (h) and
(i) of this AD to clarify the actions identified by the commenters (and
have redesignated subsequent paragraphs accordingly).
Request To Add Exception for the Preventive Modification
Boeing asked that we add a new exception to address the preventive
modification. Boeing stated that paragraph (j)(3) of the proposed AD
addresses repairs, and a similar paragraph needs to be added to address
the preventive modification specified in Part 9 of the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-53A1293, Revision 3,
dated January 23, 2015; Part 9 specifies contacting Boeing for
preventive modification instructions. Boeing added that the new
exception should be done using a method approved by the FAA or a Boeing
approved representative.
We agree with the commenter's request. Part 9 of the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-53A1293, Revision 3,
dated January 23, 2015, specifies contacting Boeing for modification
instructions if an existing repair is installed that was not
accomplished in accordance with Boeing Alert Service Bulletin 737-
53A1293, Revision 3, dated January 23, 2015. We have revised paragraph
(l)(3) of this AD (paragraph (j)(3) of the proposed AD) to include the
exception to account for the preventive modification.
Effect of Winglets on Accomplishment of the Proposed Actions
Aviation Partners Boeing stated that accomplishing the supplemental
type certificate (STC) ST01219SE does not affect the actions specified
in the NPRM.
We agree with the commenter. We have redesignated paragraph (c) of
the proposed AD as (c)(1) and added new paragraph (c)(2) to this AD to
state that installation of STC ST01219SE (https://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/BE866B732F6CF31086257B9700692796?OpenDocument&Highlight=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 Restate the Optional Modification in AD 2012-12-04
Boeing and Al Nippon Airways (ANA) asked that the optional
modification specified in paragraph (i) of AD 2012-12-04 be restated in
this AD. The commenters stated that Section 1.F., ``Approval'' of
Boeing Alert Service Bulletin 737-53A1305, Revision 1, dated September
19, 2012, includes approval of the accomplishment of the inspections
and modifications, in accordance with that service information for the
modified area only, as a method of compliance with the modification
specified in paragraph (i) of AD 2012-12-04. The commenters added that
since the optional modification is not restated in the proposed AD,
this approval is now eliminated.
We agree with the commenters for the reasons provided. We have
restated the optional modification in new paragraph (j) of this AD
(paragraph (i) of AD 2012-12-04), and redesignated subsequent
paragraphs accordingly.
Request To Clarify the Extent of AMOC Approvals
Boeing asked whether AMOCs would be considered for ``preventive
modifications,'' in addition to repairs, in paragraph (l)(3) of the
proposed AD. Boeing stated that adding this would address the AMOC
requirement for the mandatory preventive modification.
We agree with the commenter's request because deviations to the
mandated preventive modification are possible. Therefore, we have added
``modification'' (as well as ``alteration'') to paragraph (n)(3) of
this AD (paragraph (l)(3) of the proposed AD).
Request To Clarify Exception
ASL Airlines France asked that we clarify the reference in
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-
53A1293, Revision 3, dated January 23, 2015, specified in the
``Condition'' columns. The commenter stated that the flight-cycle
compliance time referred to in these columns specifies ``at the
Revision 3 date of this service bulletin'' instead of ``as of the
effective date of this AD.'' The commenter asked that we include a new
paragraph to clarify that ``as of the effective date of this AD''
should be used for compliance throughout the proposed AD.
We acknowledge the commenter's concern; however, paragraph (l)(1)
of the proposed AD already addressed this difference; paragraph (j)(2)
of this AD retains this provision. Therefore, no change to this AD is
necessary in this regard.
Request To Correct Typographical Errors
Boeing and ASL Airlines France asked that we correct the paragraph
reference in Note 1 to paragraph (i) of the proposed AD and in
paragraph (j)(3) of the proposed AD. The commenters stated that these
are typographical errors.
The information in Note 1 to paragraph (i) of the proposed AD has
been included in paragraph (j) of this final rule (paragraph (i) of the
proposed AD), therefore ``Note 1'' no longer exists. In light of this,
the requested correction is not necessary in this regard. We have
corrected the reference in paragraph (j)(3) of the proposed AD
(paragraph (l)(3) of this AD) accordingly.
Change to Paragraph (k) of This AD
We have revised the language in paragraph (k) of this AD (paragraph
(i) in the proposed AD) to clarify that the post-repair/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
We reviewed Boeing Alert Service Bulletin 737-53A1293, Revision 3,
dated January 23, 2015. The service information describes procedures
for repetitive external detailed inspections and non-destructive
inspections to detect cracks in the fuselage skin along the chem-mill
steps at stringers S-1 and S-2R, between STA 400 and STA 460, and
repair of any cracking. The service information also describes
procedures for a modification of the chem-mill steps at the locations
identified, including related investigative actions and corrective
actions, and repetitive post-mod inspections. This service information
is reasonably available
[[Page 43486]]
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 186 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Retained inspections from AD 2012- Between 7 and 15 $0 Between $595 and Between $110,670
12-04. work-hours x $85 $1,275 per and $237,150 per
per hour, inspection cycle. inspection cycle.
depending on
airplane
configuration =
between $595 and
$1,275 per
inspection cycle.
New modification................. 236 work-hours x 1 $20,060............ $3,731,160.
$85 per hour =
$20,060.
----------------------------------------------------------------------------------------------------------------
\1\ We currently have no specific cost estimates associated with the parts necessary for the modification. We
cannot determine the cost of the materials because the modification parts must be sized at the time the
modification is installed, taking into account any existing repairs in the area.
We have received no definitive data that enables us to provide a
cost estimate for the on-condition actions specified in this AD.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have determined that this 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 removing Airworthiness Directive (AD)
2012-12-04, Amendment 39-17083 (77 FR 36134, June 18, 2012), and adding
the following new AD:
2016-13-10 The Boeing Company: Amendment 39-18574; Docket No. FAA-
2015-3628; Directorate Identifier 2015-NM-025-AD.
(a) Effective Date
This AD is effective August 9, 2016.
(b) Affected ADs
This AD replaces AD 2012-12-04, Amendment 39-17083 (77 FR 36134,
June 18, 2012) (``AD 2012-12-04'').
(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 737-53A1293, Revision 3,
dated January 23, 2015.
(2) Installation of Supplemental Type Certificate (STC)
ST01219SE (https://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/BE866B732F6CF31086257B9700692796?OpenDocument&Highlight=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'' 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 cracks found on the fuselage
skin at the chem-mill steps, and the determination that, for certain
airplanes, the skin pockets adjacent to the Air Traffic Control
antenna are susceptible to widespread fatigue damage. We are issuing
this AD to detect and correct fatigue cracking of the fuselage skin
panels at the chem-mill steps, which could result in sudden fracture
and failure of the fuselage skin panels, and consequent rapid
decompression of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Inspections
At the applicable time specified in tables 1, 2, 3, and 5 of
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
737-53A1293, Revision 3, dated January 23, 2015, except as required
by paragraphs (l)(1) and (l)(2) of this AD: Do the actions specified
in paragraphs (g)(1) and (g)(2) of this AD, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
53A1293, Revision 3, dated January 23, 2015, except as required by
paragraph (l)(3) of this AD. Repeat the applicable inspections
thereafter at the applicable times specified in paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 737-53A1293,
Revision 3, dated January 23, 2015.
[[Page 43487]]
(1) Do an external detailed inspection for cracking of the
fuselage skin chem-mill steps.
(2) Do an external non-destructive (medium frequency eddy
current, magneto optical imaging, C-Scan, or ultrasonic phased
array) inspection for cracking of the fuselage skin chem-mill steps.
(h) Repair
If any cracking is found during any inspection required by
paragraph (g) of this AD, do the applicable actions specified in
paragraph (h)(1), (h)(2), or (h)(3) of this AD.
(1) Repair before further flight in accordance with Part 2 (for
Group 1 airplanes) or Part 7 (for Group 2 airplanes) of the
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
53A1293, Revision 3, dated January 23, 2015; except as required by
paragraph (l)(3) of this AD. Installation of a repair that meets the
conditions specified in Note (a) of table 1, 2, 3, or 5 of paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-53A1293,
Revision 3, dated January 23, 2015, terminates the repetitive
inspections required by paragraph (g) of this AD for the area
covered by that repair only.
(2) For Group 1 airplanes: Accomplishing the modification
specified in paragraph (i) of this AD is a method of compliance with
paragraph (h)(1) of this AD.
(3) If any cracking is found in any area not covered by the
preventive modification doubler during any inspection required by
paragraph (g) of this AD: Repair before further flight, in
accordance with Part 3 of the Accomplishment Instructions of Boeing
Alert Service Bulletin 737-53A1293, Revision 3, dated January 23,
2015, except as provided by paragraph (n)(4) of this AD. Both new
and existing repairs are allowed if the repair covers all eight
chem-mill step inspection areas between STA 410 and STA 450, and the
repairs were done using a method approved in accordance with the
procedures specified in paragraph (n)(1) of this AD.
(i) Preventive Modification
For Group 1 airplanes: At the applicable time specified in
tables 1, 2 and 3 of paragraph 1.E., ``Compliance,'' of Boeing Alert
Service Bulletin 737-53A1293, Revision 3, dated January 23, 2015,
except as required by paragraphs (l)(1) and (l)(2) of this AD, do a
preventive modification of the fuselage skin at crown stringers S-1
and S-2R, including all applicable related investigative actions in
accordance with Part 9 of the Accomplishment Instructions of Boeing
Alert Service Bulletin 737-53A1293, Revision 3, dated January 23,
2015, except as provided by paragraph (n)(4) of this AD. Do all
applicable related investigative actions concurrently with the
modification. Installation of a preventive modification terminates
the repetitive inspections required by paragraph (g) of this AD for
the modified area only. Thereafter, repeat the inspections specified
in Part 3 of the Accomplishment Instructions of Boeing Alert Service
Bulletin 737-53A1293, Revision 3, dated January 23, 2015.
(j) Optional Modification
Accomplishing a modification of the chem-mill steps at any
location identified in Boeing Service Bulletin 737-53A1293, Revision
2, dated August 10, 2011, using a method approved in accordance with
the procedures specified in paragraph (n)(1) of this AD, terminates
the repetitive inspections required by paragraph (g) of this AD for
the modified area only.
(k) Post-Repair/Post-Modification Inspections
Tables 4 and 6 of paragraph 1.E., ``Compliance,'' of Boeing
Alert Service Bulletin 737-53A1293, Revision 3, dated January 23,
2015, specify post-repair/post-modification airworthiness limitation
inspections in compliance with 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) Exceptions to Service Bulletin Specifications
(1) Where Boeing Alert Service Bulletin 737-53A1293, Revision 3,
dated January 23, 2015, specifies a compliance time ``after the
Revision 3 date of this service bulletin,'' this AD requires
compliance within the specified compliance time after the effective
date of this AD.
(2) Where the Condition column of paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 737-53A1293,
Revision 3, dated January 23, 2015, specifies a condition based on
when an airplane has or has not been inspected, this AD bases the
condition on whether an airplane has or has not been inspected on
the effective date of this AD.
(3) Where Boeing Alert Service Bulletin 737-53A1293, Revision 3,
dated January 23, 2015, specifies to contact Boeing for repair or
preventive modification instructions: Before further flight, do the
repair or preventive modification, as applicable, using a method
approved in accordance with the procedures specified in paragraph
(n)(1) of this AD.
(m) Credit for Previous Actions
(1) This paragraph provides credit for actions required by
paragraphs (g) and (h) of this AD, if those actions were performed
before July 23, 2012 (the effective date of AD 2012-12-04), using
Boeing Alert Service Bulletin 737-53A1293, Revision 1, dated July 7,
2010, which is not incorporated by reference in this AD.
(2) This paragraph provides credit for actions required by
paragraphs (g) and (h) of this AD, if those actions were performed
before the effective date of this AD using Boeing Alert Service
Bulletin 737-53A1293, Revision 2, dated August 10, 2011, which was
incorporated by reference in AD 2012-12-04.
(n) 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 (o)(1) of this AD.
Information may be emailed to: 9-ANM-LAACO-AMOC-Requests@faa.gov.
(2) Before using any approved AMOC, notify your appropriate
principal inspector, 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, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Los Angeles ACO, to make those findings. To be approved,
the repair method, modification deviation, or alteration deviation
method must meet the certification basis of the airplane, and the
approval must specifically refer to this AD.
(4) AMOCs approved for AD 2012-12-04 are approved as AMOCs for
the corresponding provisions of this AD.
(o) Related Information
(1) For more information about this AD, contact Jennifer
Tsakoumakis, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los
Angeles ACO, 3960 Paramount Boulevard, Lakewood, CA 90712-4137;
phone: 562-627-5264; fax: 562-627-5210; email:
jennifer.tsakoumakis@faa.gov.
(2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (p)(5) and (p)(6) of this AD.
(p) 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.
(3) The following service information was approved for IBR on
August 9, 2016.
(i) Boeing Alert Service Bulletin 737-53A1293, Revision 3, dated
January 23, 2015.
(ii) Reserved.
(4) The following service information was approved for IBR on
July 23, 2012 (77 FR 36134, June 18, 2012).
(i) Boeing Service Bulletin 737-53A1293, Revision 2, dated
August 10, 2011.
(ii) Reserved.
(5) 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.
[[Page 43488]]
(6) 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.
(7) 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 June 21, 2016.
Dorr Anderson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-15291 Filed 7-1-16; 8:45 am]
BILLING CODE 4910-13-P
