FR Doc E7-16656

[Federal Register: August 23, 2007 (Volume 72, Number 163)]
[Proposed Rules]
[Page 48243-48246]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23au07-17]

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Proposed Rules
Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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[[Page 48243]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-29029; Directorate Identifier 2007-NM-175-AD]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 737-200C Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Boeing Model 737-200C series airplanes. This proposed AD would
require revising the FAA-approved maintenance inspection program to
include inspections that will give no less than the required damage
tolerance rating for each structural significant item (SSI), doing
repetitive inspections to detect cracks of all SSIs, and repairing
cracked structure. This proposed AD results from a report of incidents
involving fatigue cracking and corrosion in transport category
airplanes that are approaching or have exceeded their design service
objective. We are proposing this AD to maintain the continued
structural integrity of the entire fleet of Model 737-200C series
airplanes.

DATES: We must receive comments on this proposed AD by October 9, 2007.

ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD.
DOT Docket Web site: Go to http://dms.dot.gov and follow

the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your

comments electronically.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Fax: (202) 493-2251.
Hand Delivery: Room W12-140 on the ground floor of the
West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle,
Washington 98124-2207, for the service information identified in this
proposed AD.

FOR FURTHER INFORMATION CONTACT: Nancy Marsh, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
917-6440; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Comments Invited

We invite you to submit any relevant written data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed in the ADDRESSES section. Include the docket number ``FAA-2007-
29029; Directorate Identifier 2007-NM-175-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the proposed AD. We will
consider all comments received by the closing date and may amend the
proposed AD in light of those comments.
We will post all comments we receive, without change, to http://dms.dot.gov
, including any personal information you provide. We will

also post a report summarizing each substantive verbal contact with FAA
personnel concerning this proposed AD. Using the search function of
that Web site, anyone can find and read the comments in any of our
dockets, including the name of the individual who sent the comment (or
signed the comment on behalf of an association, business, labor union,
etc.). You may review DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
may visit http://dms.dot.gov.

Examining the Docket

You may examine the AD docket on the Internet at http://dms.dot.gov
, or in person at the Docket Operations office between 9

a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
Docket Operations office (telephone (800) 647-5527) is located on the
ground level of the West Building at the DOT street address stated in
the ADDRESSES section. Comments will be available in the AD docket
shortly after the Docket Management System receives them.

Discussion

In the early 1980's, as part of its continuing work to maintain the
structural integrity of older transport category airplanes, we
concluded that the incidence of fatigue cracking may increase as these
airplanes reach or exceed their design service objective (DSO). In
light of this, and as a result of increased utilization, and longer
operational lives, we determined that a supplemental structural
inspection program (SSIP) was necessary to maintain the continued
structural integrity for all airplanes in the transport fleet.

Issuance of Advisory Circular (AC)

As a follow-on from that determination, we issued AC No. 91-56,
``Supplemental Structural Inspection Program for Large Transport
Category Airplanes,'' dated May 6, 1981. That AC provides guidance
material to manufacturers and operators for use in developing a
continuing structural integrity program to ensure safe operation of
older airplanes throughout their operational lives. This guidance
material applies to transport airplanes that were certified under the
fail-safe requirements of part 4b (``Airplane Airworthiness, Transport
Categories'') of the Civil Air Regulations or damage tolerance
structural requirements of part 25 (``Airworthiness Standards:
Transport Category Airplanes'') of the Federal Aviation Regulations
(FAR) (14 CFR part 25), and that have a maximum gross weight greater
than 75,000 pounds. The procedures set forth in that AC are applicable
to transport category airplanes operated under subpart D (``Special
Flight Operations'') of part 91 of the FAR (14 CFR part 91); part 121
(``Operating Requirements: Domestic, Flag, and Supplemental
Operations'');

[[Page 48244]]

part 125 (``Certification and Operations: Airplanes having a Seating
Capacity of 20 or More Passengers or a Maximum Payload of 6,000 Pounds
or More''); and part 135 (``Operating Requirements: Commuter and On-
Demand Operations'') of the FAR (14 CFR parts 121, 125, and 135). The
objective of the SSIP was to establish inspection programs to ensure
timely detection of fatigue cracking.

Development of the SSIP

In order to evaluate the effect of increased fatigue cracking with
respect to maintaining fail-safe design and damage tolerance of the
structure of Boeing Model 737-200C series airplanes, Boeing conducted a
structural reassessment of those airplanes, using damage tolerance
evaluation techniques. Boeing accomplished this reassessment using the
criteria contained in AC No. 91-56, as well as Amendment 25-45 of
section 25.571 (``Damage-tolerance and fatigue evaluation of
structure'') of the FAR (14 CFR 25.571). During the reassessment,
members of the airline industry participated with Boeing in working
group sessions and developed the SSIP for Model 737-200C series
airplanes. Engineers and maintenance specialists from the FAA also
supported these sessions. Subsequently, based on the working group's
recommendations, Boeing developed the Supplemental Structural
Inspection Document (SSID).

Other Related Rulemaking

We previously issued AD 98-11-04 R1, amendment 39-10984 (64 FR 987,
January 7, 1999), applicable to all Boeing Model 737-100, -200, and -
200C series airplanes (which refers to Boeing Document No. D6-37089,
``Supplemental Structural Inspection Document'' (SSID), Revision D,
dated June 1995, as the appropriate source of service information for
doing the required actions). That AD requires the FAA-approved
maintenance inspection program be revised to include inspections that
will give no less than the required damage tolerance rating (DTR) for
each structural significant item (SSI), and repair of cracked
structure. The affected SSIs include, but are not limited to, the wing,
fuselage, empennage, and strut. For Model 737-200C series airplanes,
that AD requires inspecting SSIs affected by cargo configuration
changes only. For Model 737-100 and -200 series airplanes, that AD
requires inspecting all affected SSIs.

Relevant Service Information

We have reviewed Boeing Document No. D6-37089, ``Supplemental
Structural Inspection Document for Model 737-100/200/200C Airplanes,''
Revision E, dated May 2007 (hereafter ``Revision E''). Revision E
describes procedures for revising the FAA-approved maintenance
inspection program to include inspections that will give no less than
the required damage tolerance rating (DTR) for each SSI, doing
repetitive inspections to detect cracks of all SSIs, and repairing
cracked structure. The inspections specified in Revision E are
essentially identical to those in Revision D. The applicability of
Revision E has been updated, among other editorial changes, to show
that for the Model 737-200C, SSIs not affected by cargo configuration
changes are subject to the same inspections as Model 737-100 and -200
series airplanes. Accomplishing the actions specified in Revision E is
intended to adequately address the unsafe condition.

FAA's Determination and Requirements of the Proposed AD

We have evaluated all pertinent information and identified an
unsafe condition that is likely to exist or develop on other airplanes
of this same type design. For this reason, we are proposing this AD,
which would require the following actions:
Paragraph (g) of the proposed AD would require incorporation of a
revision into the FAA-approved maintenance inspection program that
provides no less than the required DTR for each SSI listed in Revision
E.
Paragraph (h) of the proposed AD would require repetitive
inspections to detect cracks of all SSIs.
Paragraph (i) of the proposed AD would require repairing any
cracked structure in accordance with a method approved by the FAA or an
Authorized Representative (AR) for the Boeing Commercial Airplanes
Delegation Option Authorization Organization who has been authorized by
the FAA to make those findings.
Paragraph (j) of the proposed AD specifies the requirements of the
inspection program for transferred airplanes. Before any airplane that
is subject to this proposed AD can be added to an air carrier's
operations specifications, a program for doing the inspections required
by this proposed AD must be established.
Accomplishing the actions required by paragraphs (g) and (h) of
this AD ends the requirements of AD 98-11-04 R1 for Model 737-200C
series airplanes only. Operators of Model 737-100 and -200 series
airplanes must continue to do the actions required by AD 98-11-04 R1.

Differences Between the Proposed AD and Service Information

For Model 737-200C series airplanes, Section 3.0, ``Structural
Significant Items (SSIs),'' of Revision E specifies a threshold of
66,000 or 46,000 flight cycles for accomplishing the initial
inspections, depending on the airplane configuration; however, it does
not specify a grace period for airplanes that are near or have passed
that threshold. This proposed AD would allow a grace period of 12
months after the effective date of the AD to incorporate Revision E
into the FAA-approved maintenance inspection program. This proposed AD
also would allow a grace period of 4,000 flight cycles measured from 12
months after the effective date of the AD to initiate the applicable
inspections to detect cracks of all SSIs.
Revision E does not specify instructions on how to repair certain
conditions. This proposed AD would require repairing those conditions
in one of the following ways:
Using a method that we approve; or
Using data that have been approved by an AR for the Boeing
Commercial Airplanes Delegation Option Authorization Organization whom
we have authorized to make those findings.

Costs of Compliance

There are about 49 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs for
U.S. operators to comply with this proposed AD.

Estimated Costs
----------------------------------------------------------------------------------------------------------------
Number of U.S.-
Action Work hours Average labor Cost registered Fleet cost
rate per hour airplanes
----------------------------------------------------------------------------------------------------------------
Revision of maintenance 1,000, per $80 $80,000 per 9 $240,000.
inspection program. operator (3 operator.
U.S.
operators).

[[Page 48245]]

Inspections.................. 500 per 80 $40,000, per 9 $360,000, per
airplane. airplane, per inspection
inspection cycle.
cycle.
----------------------------------------------------------------------------------------------------------------

The number of work hours, as indicated above, is presented as if
the accomplishment of the actions in this proposed AD is to be
conducted as ``stand alone'' actions. However, in actual practice,
these actions for the most part will be done coincidentally or in
combination with normally scheduled airplane inspections and other
maintenance program tasks. Therefore, the actual number of necessary
additional work hours will be minimal in many instances. Additionally,
any costs associated with special airplane scheduling will be minimal.
Further, compliance with this proposed AD would be a means of
compliance with the aging airplane safety final rule (AASFR) for the
baseline structure of Model 737-200C series airplanes. The AASFR final
rule requires certain operators to incorporate damage tolerance
inspections into their maintenance inspection programs. These
requirements are described in 14 CFR 121.370(a) and 129.16.
Accomplishment of the actions required by this proposed AD will meet
the requirements of these CFR sections for the baseline structure. The
costs for accomplishing the inspection portion of this proposed AD were
accounted for in the regulatory evaluation of the AASFR final rule.

Authority for This Rulemaking

Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify that the proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
3. 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.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket. See the
ADDRESSES section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

1. The authority citation for part 39 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec. 39.13 [Amended]

2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):

Boeing: Docket No. FAA-2007-29029; Directorate Identifier 2007-NM-
175-AD.

Comments Due Date

(a) The FAA must receive comments on this AD action by October
9, 2007.

Affected ADs

(b) Accomplishing the actions required by paragraph (g) and the
initial inspections required by paragraph (h) of this AD ends the
requirements of AD 98-11-04 R1, amendment 39-10984, for Model 737-
200C series airplanes only. Operators of Model 737-100 and -200
series airplanes must continue to do the actions required by AD 98-
11-04 R1.

Applicability

Unsafe Condition

(d) This AD results from a report of incidents involving fatigue
cracking and corrosion in transport category airplanes that are
approaching or have exceeded their design service objective. We are
issuing this AD to maintain the continued structural integrity of
the entire fleet of Model 737-200C series airplanes.

Compliance

(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Service Information

(f) The term ``Revision E,'' as used in this AD, means Boeing
Document No. D6-37089, ``Supplemental Structural Inspection Document
for Model 737-100/200/200C Airplanes,'' Revision E, dated May 2007.

Revision of the FAA-Approved Maintenance Inspection Program

(g) At the applicable time specified in Table 1 of this AD,
incorporate a revision into the FAA-approved maintenance inspection
program that provides no less than the required damage tolerance
rating (DTR) for each structural significant item (SSI) listed in
Revision E. (The required DTR value for each SSI is listed in
Revision E.) The revision to the maintenance inspection program must
include and must be implemented in accordance with the procedures in
Section 5.0, ``Damage Tolerance Rating (DTR) System Application,''
and Section 6.0, ``SSI Discrepancy Reporting'' of Revision E. Under
the provisions of the Paperwork Reduction Act of 1980 (44 U.S.C.
3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements contained in this
AD and has assigned OMB Control Number 2120-0056.

[[Page 48246]]

Table 1.--Compliance Time for Revising Maintenance Inspection Program
------------------------------------------------------------------------
For airplanes with SSIs-- Compliance time
------------------------------------------------------------------------
(1) Affected by the cargo configuration... Before the accumulation of
46,000 total flight cycles,
or within 12 months after
the effective date of this
AD, whichever occurs later.
(2) Not affected by the cargo Before the accumulation of
configuration. 66,000 total flight cycles,
or within 12 months after
the effective date of this
AD, whichever occurs later.
------------------------------------------------------------------------

Initial and Repetitive Inspections

(h) At the applicable time specified in Table 2 of this AD, do
the applicable initial inspections to detect cracks of all SSIs, in
accordance with Revision E. Repeat the applicable inspections
thereafter at the intervals specified in Section 3.0,
``Implementation'' of Revision E.

Table 2.--Compliance Time for Initial Inspections
------------------------------------------------------------------------
For airplanes with SSIs-- Compliance time
------------------------------------------------------------------------
(1) Affected by the cargo configuration... Before the accumulation of
46,000 total flight cycles,
or within 4,000 flight
cycles measured from 12
months after the effective
date of this AD, whichever
occurs later.
(2) Not affected by the cargo Before the accumulation of
configuration. 66,000 total flight cycles,
or within 4,000 flight
cycles measured from 12
months after the effective
date of this AD, whichever
occurs later.
------------------------------------------------------------------------

Repair

(i) If any cracked structure is found during any inspection
required by paragraph (h) of this AD, before further flight, repair
the cracked structure using a method approved in accordance with the
procedures specified in paragraph (k) of this AD.

Inspection Program for Transferred Airplanes

(j) Before any airplane that is subject to this AD and that has
exceeded the applicable compliance times specified in paragraph (h)
of this AD can be added to an air carrier's operations
specifications, a program for the accomplishment of the inspections
required by this AD must be established in accordance with paragraph
(j)(1) or (j)(2) of this AD, as applicable.
(1) For airplanes that have been inspected in accordance with
this AD: The inspection of each SSI must be done by the new operator
in accordance with the previous operator's schedule and inspection
method, or the new operator's schedule and inspection method, at
whichever time would result in the earlier accomplishment for that
SSI inspection. The compliance time for accomplishment of this
inspection must be measured from the last inspection accomplished by
the previous operator. After each inspection has been done once,
each subsequent inspection must be performed in accordance with the
new operator's schedule and inspection method.
(2) For airplanes that have not been inspected in accordance
with this AD: The inspection of each SSI required by this AD must be
done either before adding the airplane to the air carrier's
operations specification, or in accordance with a schedule and an
inspection method approved by the Manager, Seattle Aircraft
Certification Office (ACO), FAA. After each inspection has been done
once, each subsequent inspection must be done in accordance with the
new operator's schedule.

Alternative Methods of Compliance (AMOCs)

(k)(1) The Manager, Seattle Aircraft Certification Office (ACO)
has the authority to approve AMOCs for this AD, if requested in
accordance with the procedures found in 14 CFR 39.19.
(2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
(3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD, if it is approved by an
Authorized Representative for the Boeing Commercial Airplanes
Delegation Option Authorization Organization who has been authorized
by the Manager, Seattle ACO, to make those findings. For a repair
method to be approved, the repair approval must specifically refer
to this AD.

Issued in Renton, Washington, on August 12, 2007.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-16656 Filed 8-22-07; 8:45 am]

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