Airworthiness Directives; The Boeing Company Airplanes, 70011-70013 [2016-24197]
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Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Rules and Regulations
Dated at Rockville, Maryland, this 28th day
of September, 2016
For the Nuclear Regulatory Commission.
Michael R. Johnson,
Acting Executive Director for Operations.
[FR Doc. 2016–24466 Filed 10–7–16; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2016–5042; Directorate
Identifier 2015–NM–140–AD; Amendment
39–18680; AD 2016–20–14]
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 all The
Boeing Company Model 737–600, –700,
–700C, –800, –900 and –900ER series
airplanes. This AD was prompted by an
evaluation by the design approval
holder (DAH) indicating that certain
fastener locations in the window corner
surround structure are subject to
widespread fatigue damage (WFD). This
AD requires repetitive high frequency
eddy current (HFEC) inspections for
cracking in certain fastener locations in
the window corner surround structure,
and repair if necessary. We are issuing
this AD to detect and correct fatigue
cracking around certain fastener
locations that could cause multiple
window corner skin cracks, which
could result in rapid decompression and
consequent loss of structural integrity of
the airplane.
DATES: This AD is effective November
15, 2016.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of November 15, 2016.
ADDRESSES: For service information
identified in this final rule, contact
Boeing Commercial Airplanes,
Attention: Data & Services Management,
P.O. Box 3707, MC 2H–65, Seattle, WA
ehiers on DSK5VPTVN1PROD with RULES
SUMMARY:
14:37 Oct 07, 2016
Jkt 241001
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–2016–
5042.
consequent loss of structural integrity of
the airplane.
Examining the AD Docket
The NRC made no changes to the rule
as a result of this comment.
In summary, the NRC did not receive
any comments that warranted
withdrawal of the direct final rule.
Therefore, none of these comments
required a change in the rule’s effective
date of May 31, 2016.
VerDate Sep<11>2014
70011
Effect of Winglets on Accomplishment
of the Proposed Actions
Aviation Partners Boeing stated that
accomplishing the supplemental type
certificate (STC) ST00830SE does not
affect compliance with the actions
specified in the NPRM.
We agree with the commenter. We
have redesignated paragraph (c) as (c)(1)
and added a new paragraph (c)(2) to this
AD to state that installation of STC
ST00830SE does not affect the ability to
accomplish the actions required by this
final rule. Therefore, for airplanes on
which STC ST00830SE is installed, a
‘‘change in product’’ alternative method
of compliance (AMOC) approval request
is not necessary to comply with the
requirements of 14 CFR 39.17.
You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2016–
5042; 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:
Gaetano Settineri, Aerospace Engineer,
Airframe Branch, ANM–120S, FAA,
Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton,
WA 98057–3356; phone: 425–917–6577;
fax: 425–917–6590; email:
gaetano.settineri@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 all The Boeing Company Model
737–600, –700, –700C, –800, –900 and
–900ER series airplanes. The NPRM
published in the Federal Register on
April 5, 2016 (81 FR 19512) (‘‘the
NPRM’’). The NPRM was prompted by
an evaluation by the DAH indicating
that certain fastener locations in the
window corner surround structure are
subject to WFD. The NPRM proposed to
require repetitive HFEC inspections for
cracking in certain fastener locations in
the window corner surround structure,
and repair if necessary. We are issuing
this AD to detect and correct fatigue
cracking around certain fastener
locations that could cause multiple
window corner skin cracks, which
could result in rapid decompression and
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Fmt 4700
Sfmt 4700
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.
Support for the NPRM
Boeing and the Airline Pilots
Association, International supported the
content of the NPRM.
Request for Clarification of Extent of
Boeing Organization Designation
Authority (ODA)
Southwest Airlines (SWA) asked for
clarification that the Boeing ODA
identified in paragraph (i)(3) of the
proposed AD can provide an AMOC for
any ‘‘repair, modification, or alteration’’
that includes the authority to approve
existing repairs in the inspection area
that inhibit accomplishment of the AD
requirements as terminating action to
paragraph (g) of the proposed AD. SWA
also asked if the ODA has the authority
to provide alternative inspection
procedures for repaired areas where the
inspection in paragraph (g) of the
proposed AD cannot be accomplished.
Additionally, SWA asked that we clarify
that the Boeing ODA identified in
paragraph (i)(3) of the proposed AD is
able to issue an AMOC to the proposed
AD for an existing repair at the S–14 lap
joint (where the location of the repair
inhibits accomplishing the initial
inspection), provided the repair was
approved by any FAA designation
authority, and there is a minimum of
three fastener rows above and below the
lap joint. SWA stated that neither
Boeing Alert Service Bulletin 737–
53A1351, dated July 8, 2015, nor the
NPRM clearly state how to address
existing repairs that prevent
E:\FR\FM\11OCR1.SGM
11OCR1
70012
Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Rules and Regulations
accomplishment of the inspections
specified in paragraph (g) of the
proposed AD.
We agree with the commenter that
clarification of the extent of the
authority of the Boeing ODA is
necessary. The Boeing ODA has the
authority to evaluate existing repairs
and provide alternative inspection
programs in the repaired area, including
authority to approve alternative
inspections as AMOCs if needed.
We infer that SWA is also asking if
the Boeing ODA can issue a global
AMOC for the referenced repair at the
S–14 lap joint. The Boeing ODA does
not have the authority to approve global
AMOCs. In addition, we have not
received any information from Boeing
that defines such a repair that would be
considered for a global AMOC. If Boeing
provides supporting data, we will
evaluate the data to determine if that
repair and any associated inspections
provide an acceptable level of safety for
such an AMOC. We have not changed
this AD in this regard.
Change to This AD
We have determined that the end
level effect of the unsafe condition in
the NPRM should be changed to more
closely match the service information.
Therefore, we have changed
‘‘. . . reduced structural integrity’’ to
‘‘. . . loss of structural integrity’’ in the
SUMMARY and SUPPLEMENTARY
INFORMATION sections and in paragraph
(e) of this AD accordingly.
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 737–53A1351, dated July 8,
2015. The service information describes
procedures for HFEC inspections and
repair for cracking in certain fastener
locations in the window corner
surround structure. 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 1,528
airplanes of U.S. registry.
We estimate the following costs to
comply with this AD:
ESTIMATED COSTS
Action
Labor cost
Inspection ...............................
38 work-hours × $85 per hour
= $3,230 per inspection
cycle.
We have received no definitive data
that will enable us to provide cost
estimates for the on-condition actions
specified in this AD.
ehiers on DSK5VPTVN1PROD with RULES
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in Subtitle VII,
Part A, Subpart III, Section 44701:
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
VerDate Sep<11>2014
14:37 Oct 07, 2016
Jkt 241001
Parts cost
Cost per product
$0
$3,230 per inspection cycle ...
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.
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Frm 00014
Fmt 4700
Sfmt 4700
Cost on U.S. operators
$4,935,440 per inspection
cycle
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):
■
2016–20–14 The Boeing Company:
Amendment 39–18680; FAA–2016–5042;
Directorate Identifier 2015–NM–140–AD.
(a) Effective Date
This AD is effective November 15, 2016.
(b) Affected ADs
None.
(c) Applicability
(1) This AD applies to all The Boeing
Company Model 737–600, –700, –700C,
–800, –900 and –900ER series airplanes,
certificated in any category.
(2) Installation of Supplemental Type
Certificate (STC) ST00830SE (https://
E:\FR\FM\11OCR1.SGM
11OCR1
Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Rules and Regulations
rgl.faa.gov/Regulatory_and_Guidance_
Library/rgSTC.nsf/0/38B606833BBD
98B386257FAA00602538?Open
Document&Highlight=st00830se) does not
affect the ability to accomplish the actions
required by this AD. Therefore, for airplanes
on which STC ST00830SE is installed, a
‘‘change in product’’ alternative method of
compliance (AMOC) approval request is not
necessary to comply with the requirements of
14 CFR 39.17.
(d) Subject
Air Transport Association (ATA) of
America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by an evaluation by
the design approval holder indicating that
certain fastener locations in the window
corner surround structure are subject to
widespread fatigue damage. We are issuing
this AD to detect and correct fatigue cracking
around certain fastener locations that could
cause multiple window corner skin cracks,
which could result in rapid decompression
and consequent loss of structural integrity of
the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Repetitive Inspections and Repair
At the applicable time specified in
paragraph 1.E., ‘‘Compliance,’’ of Boeing
Alert Service Bulletin 737–53A1351, dated
July 8, 2015: Do an external high frequency
eddy current (HFEC) inspection for cracking
of the skin around the fastener locations at
the upper forward and lower aft corners of
each window between station (STA) 360 and
STA 540, as applicable, and at the lower
forward and upper aft corners of each
window between STA 727 and STA 887, in
accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin
737–53A1351, dated July 8, 2015. Repeat the
inspection thereafter at the applicable times
specified in paragraph 1.E., ‘‘Compliance,’’ of
Boeing Alert Service Bulletin 737–53A1351,
dated July 8, 2015. If any crack is found
during any inspection, repair before further
flight using a method approved in
accordance with the procedures specified in
paragraph (i) of this AD.
ehiers on DSK5VPTVN1PROD with RULES
(h) Exception to the Service Bulletin
Specifications
Although Boeing Alert Service Bulletin
737–53A1351, dated July 8, 2015, specifies to
contact Boeing for repair instructions, and
specifies that action as ‘‘RC’’ (Required for
Compliance), this AD requires repair before
further flight using a method approved in
accordance with the procedures specified in
paragraph (i) of this AD.
(i) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Seattle Aircraft
Certification Office (ACO), FAA, has the
authority to approve AMOCs for this AD, if
requested using the procedures found in 14
CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector
VerDate Sep<11>2014
14:37 Oct 07, 2016
Jkt 241001
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 (j) of this AD. Information may be
emailed to: 9-ANM-Seattle-ACO-AMOCRequests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair,
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, Seattle
ACO, to make those findings. To be
approved, the repair method, modification
deviation, or alteration deviation must meet
the certification basis of the airplane and the
approval must specifically refer to this AD.
(4) Except as required by paragraph (h) of
this AD: For service information that
contains steps that are labeled as RC, the
provisions of paragraphs (i)(4)(i) and (i)(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. If a step or substep is
labeled ‘‘RC Exempt,’’ then the RC
requirement is removed from that step or
substep. 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.
(j) Related Information
For more information about this AD,
contact Gaetano Settineri, Aerospace
Engineer, Airframe Branch, ANM–120S,
FAA, Seattle ACO, 1601 Lind Avenue SW.,
Renton, WA 98057–3356; phone: 425–917–
6577; fax: 425–917–6590; email:
gaetano.settineri@faa.gov.
(k) 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–
53A1351, dated July 8, 2015.
(ii) Reserved.
(3) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H–65,
Seattle, WA 98124–2207; telephone: 206–
544–5000, extension 1; fax: 206–766–5680;
Internet: https://www.myboeingfleet.com.
(4) You may view this service information
at FAA, Transport Airplane Directorate, 1601
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
70013
Lind Avenue SW., Renton, WA. For
information on the availability of this
material at the FAA, call 425–227–1221.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on
September 28, 2016.
Dionne Palermo,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2016–24197 Filed 10–7–16; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2016–0866]
Drawbridge Operation Regulation;
James River, Isle of Wight and
Newport News, VA
Coast Guard, DHS.
Notice of temporary deviation
from regulations; Cancellation.
AGENCY:
ACTION:
The Coast Guard is canceling
the temporary deviation concerning the
James River Bridge (US17) across the
James River, mile 5.0, at Isle of Wight
and Newport News, VA. The deviation
was necessary to perform bridge
maintenance and repairs, which have
been completed. The deviation allowed
the bridge to remain in the closed-tonavigation position.
DATES: The temporary deviation
published on September 16, 2016, in the
Federal Register (81 FR 63700) is
cancelled as of October 11, 2016.
ADDRESSES: The docket for this
deviation, [USCG–2016–0866] is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH’’.
Click on Open Docket Folder on the line
associated with this deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this cancelation,
call or email Mr. Hal R. Pitts, Bridge
Administration Branch Fifth District,
Coast Guard, telephone 757–398–6222,
email Hal.R.Pitts@uscg.mil.
SUPPLEMENTARY INFORMATION: On
September 16, 2016, we published a
temporary deviation entitled
‘‘Drawbridge Operation Regulation;
James River, Isle of Wight and Newport
News, VA’’ in the Federal Register (81
SUMMARY:
E:\FR\FM\11OCR1.SGM
11OCR1
Agencies
[Federal Register Volume 81, Number 196 (Tuesday, October 11, 2016)]
[Rules and Regulations]
[Pages 70011-70013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24197]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2016-5042; Directorate Identifier 2015-NM-140-AD;
Amendment 39-18680; AD 2016-20-14]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for all The
Boeing Company Model 737-600, -700, -700C, -800, -900 and -900ER series
airplanes. This AD was prompted by an evaluation by the design approval
holder (DAH) indicating that certain fastener locations in the window
corner surround structure are subject to widespread fatigue damage
(WFD). This AD requires repetitive high frequency eddy current (HFEC)
inspections for cracking in certain fastener locations in the window
corner surround structure, and repair if necessary. We are issuing this
AD to detect and correct fatigue cracking around certain fastener
locations that could cause multiple window corner skin cracks, which
could result in rapid decompression and consequent loss of structural
integrity of the airplane.
DATES: This AD is effective November 15, 2016.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 15,
2016.
ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone:
206-544-5000, extension 1; fax: 206-766-5680; Internet: https://www.myboeingfleet.com.You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call 425-227-1221. It is also available on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2016-
5042.
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-2016-
5042; 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: Gaetano Settineri, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6577; fax: 425-917-6590; email: gaetano.settineri@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 all The Boeing Company
Model 737-600, -700, -700C, -800, -900 and -900ER series airplanes. The
NPRM published in the Federal Register on April 5, 2016 (81 FR 19512)
(``the NPRM''). The NPRM was prompted by an evaluation by the DAH
indicating that certain fastener locations in the window corner
surround structure are subject to WFD. The NPRM proposed to require
repetitive HFEC inspections for cracking in certain fastener locations
in the window corner surround structure, and repair if necessary. We
are issuing this AD to detect and correct fatigue cracking around
certain fastener locations that could cause multiple window corner skin
cracks, which could result in rapid decompression and consequent loss
of structural integrity of the airplane.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM and
the FAA's response to each comment.
Support for the NPRM
Boeing and the Airline Pilots Association, International supported
the content of the NPRM.
Effect of Winglets on Accomplishment of the Proposed Actions
Aviation Partners Boeing stated that accomplishing the supplemental
type certificate (STC) ST00830SE does not affect compliance with the
actions specified in the NPRM.
We agree with the commenter. We have redesignated paragraph (c) as
(c)(1) and added a new paragraph (c)(2) to this AD to state that
installation of STC ST00830SE does not affect the ability to accomplish
the actions required by this final rule. Therefore, for airplanes on
which STC ST00830SE is installed, a ``change in product'' alternative
method of compliance (AMOC) approval request is not necessary to comply
with the requirements of 14 CFR 39.17.
Request for Clarification of Extent of Boeing Organization Designation
Authority (ODA)
Southwest Airlines (SWA) asked for clarification that the Boeing
ODA identified in paragraph (i)(3) of the proposed AD can provide an
AMOC for any ``repair, modification, or alteration'' that includes the
authority to approve existing repairs in the inspection area that
inhibit accomplishment of the AD requirements as terminating action to
paragraph (g) of the proposed AD. SWA also asked if the ODA has the
authority to provide alternative inspection procedures for repaired
areas where the inspection in paragraph (g) of the proposed AD cannot
be accomplished. Additionally, SWA asked that we clarify that the
Boeing ODA identified in paragraph (i)(3) of the proposed AD is able to
issue an AMOC to the proposed AD for an existing repair at the S-14 lap
joint (where the location of the repair inhibits accomplishing the
initial inspection), provided the repair was approved by any FAA
designation authority, and there is a minimum of three fastener rows
above and below the lap joint. SWA stated that neither Boeing Alert
Service Bulletin 737-53A1351, dated July 8, 2015, nor the NPRM clearly
state how to address existing repairs that prevent
[[Page 70012]]
accomplishment of the inspections specified in paragraph (g) of the
proposed AD.
We agree with the commenter that clarification of the extent of the
authority of the Boeing ODA is necessary. The Boeing ODA has the
authority to evaluate existing repairs and provide alternative
inspection programs in the repaired area, including authority to
approve alternative inspections as AMOCs if needed.
We infer that SWA is also asking if the Boeing ODA can issue a
global AMOC for the referenced repair at the S-14 lap joint. The Boeing
ODA does not have the authority to approve global AMOCs. In addition,
we have not received any information from Boeing that defines such a
repair that would be considered for a global AMOC. If Boeing provides
supporting data, we will evaluate the data to determine if that repair
and any associated inspections provide an acceptable level of safety
for such an AMOC. We have not changed this AD in this regard.
Change to This AD
We have determined that the end level effect of the unsafe
condition in the NPRM should be changed to more closely match the
service information. Therefore, we have changed ``. . . reduced
structural integrity'' to ``. . . loss of structural integrity'' in the
SUMMARY and SUPPLEMENTARY INFORMATION sections and in paragraph (e) of
this AD accordingly.
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 737-53A1351, dated July
8, 2015. The service information describes procedures for HFEC
inspections and repair for cracking in certain fastener locations in
the window corner surround structure. 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 1,528 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
----------------------------------------------------------------------------------------------------------------
Inspection....................... 38 work-hours x $85 $0 $3,230 per $4,935,440 per
per hour = $3,230 inspection cycle. inspection cycle
per inspection
cycle.
----------------------------------------------------------------------------------------------------------------
We have received no definitive data that will enable us to provide
cost estimates 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
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):
2016-20-14 The Boeing Company: Amendment 39-18680; FAA-2016-5042;
Directorate Identifier 2015-NM-140-AD.
(a) Effective Date
This AD is effective November 15, 2016.
(b) Affected ADs
None.
(c) Applicability
(1) This AD applies to all The Boeing Company Model 737-600, -
700, -700C, -800, -900 and -900ER series airplanes, certificated in
any category.
(2) Installation of Supplemental Type Certificate (STC)
ST00830SE (https://
[[Page 70013]]
rgl.faa.gov/Regulatory_and_Guidance_Library/rgSTC.nsf/0/
38B606833BBD98B386257FAA00602538?OpenDocument&Highlight=st00830se)
does not affect the ability to accomplish the actions required by
this AD. Therefore, for airplanes on which STC ST00830SE is
installed, a ``change in product'' alternative method of compliance
(AMOC) approval request is not necessary to comply with the
requirements of 14 CFR 39.17.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by an evaluation by the design approval
holder indicating that certain fastener locations in the window
corner surround structure are subject to widespread fatigue damage.
We are issuing this AD to detect and correct fatigue cracking around
certain fastener locations that could cause multiple window corner
skin cracks, which could result in rapid decompression and
consequent loss of structural integrity of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Repetitive Inspections and Repair
At the applicable time specified in paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 737-53A1351, dated
July 8, 2015: Do an external high frequency eddy current (HFEC)
inspection for cracking of the skin around the fastener locations at
the upper forward and lower aft corners of each window between
station (STA) 360 and STA 540, as applicable, and at the lower
forward and upper aft corners of each window between STA 727 and STA
887, in accordance with the Accomplishment Instructions of Boeing
Alert Service Bulletin 737-53A1351, dated July 8, 2015. Repeat the
inspection thereafter at the applicable times specified in paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-53A1351,
dated July 8, 2015. If any crack is found during any inspection,
repair before further flight using a method approved in accordance
with the procedures specified in paragraph (i) of this AD.
(h) Exception to the Service Bulletin Specifications
Although Boeing Alert Service Bulletin 737-53A1351, dated July
8, 2015, specifies to contact Boeing for repair instructions, and
specifies that action as ``RC'' (Required for Compliance), this AD
requires repair before further flight using a method approved in
accordance with the procedures specified in paragraph (i) of this
AD.
(i) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (j) of this AD.
Information may be emailed to: 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(3) An AMOC that provides an acceptable level of safety may be
used for any repair, 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, Seattle ACO, to make those findings. To be approved, the
repair method, modification deviation, or alteration deviation must
meet the certification basis of the airplane and the approval must
specifically refer to this AD.
(4) Except as required by paragraph (h) of this AD: For service
information that contains steps that are labeled as RC, the
provisions of paragraphs (i)(4)(i) and (i)(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. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. 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.
(j) Related Information
For more information about this AD, contact Gaetano Settineri,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle ACO,
1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6577;
fax: 425-917-6590; email: gaetano.settineri@faa.gov.
(k) 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 737-53A1351, dated July 8,
2015.
(ii) Reserved.
(3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone: 206-544-
5000, extension 1; fax: 206-766-5680; Internet: https://www.myboeingfleet.com.
(4) You may view this service information at 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 September 28, 2016.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-24197 Filed 10-7-16; 8:45 am]
BILLING CODE 4910-13-P