[Federal Register: November 14, 2008 (Volume 73, Number 221)]
[Rules and Regulations]
[Page 67383-67385]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14no08-9]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-1147; Directorate Identifier 2008-NM-128-AD;
Amendment 39-15719; AD 2008-13-12 R1]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 737-100, -200, -200C, -
300, -400, and -500 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is revising an existing airworthiness directive (AD)
that applies to certain Boeing Model 737-100, -200, -200C, -300, -400,
and -500 series airplanes. That AD currently requires various
repetitive inspections for cracking of the upper frame to side frame
splice of the fuselage, and other specified and corrective actions if
necessary. That AD also provides for an optional preventive
modification, which terminates the repetitive inspections. This new AD
adds an optional terminating action that was inadvertently omitted from
that AD. This AD results from a report that the upper frame of the
fuselage was severed between stringers S-13L and S-14L at station 747,
and the adjacent frame at station 767 had a 1.3-inch-long crack at the
same stringer location. We are issuing this AD to detect and correct
fatigue cracking of the upper frame to side frame splice of the
fuselage, which could result in reduced structural integrity of the
frame and adjacent lap joint. This reduced structural integrity can
increase loading in the fuselage skin, which will accelerate skin crack
growth and result in decompression of the airplane.
DATES: Effective December 1, 2008.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 1,
2008.
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD on August
12, 2008 (73 FR 38905, July 8, 2008).
We must receive comments on this AD by January 13, 2009.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
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.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For service information identified in this AD, contact Boeing
Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207;
telephone 206-544-9990; fax 206-766-5682; e-mail DDCS@boeing.com;
Internet https://www.myboeingfleet.com.
Examining the AD Docket
You may examine the AD docket on the Internet at http://
www.regulations.gov; 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 street address for
the Docket Office (telephone 800-647-5527) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Wayne Lockett, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
917-6447; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Discussion
On June 12, 2008, we issued AD 2008-13-12, amendment 39-15575 (73
FR 38905, July 8, 2008), for certain Boeing Model 737-100, -200, -200C,
-300, -400, and -500 series airplanes. That AD requires various
repetitive inspections for cracking of the upper frame to side frame
splice of the fuselage, and other specified and corrective actions if
necessary. That AD also provides for an optional preventive
modification, which terminates the repetitive inspections. That AD
resulted from a report that the upper frame of the fuselage was severed
between stringers S-13L and S-14L at station 747, and the adjacent
frame at station 767 had a 1.3-inch-long crack at the same stringer
location. We issued that AD to detect and correct fatigue cracking of
the upper frame to side frame splice of the fuselage, which could
result in reduced structural integrity of the frame and adjacent lap
joint. This reduced structural integrity can increase loading in the
fuselage skin, which will accelerate skin crack growth and result in
decompression of the airplane.
Actions Since Existing AD Was Issued
Since we issued AD 2008-13-12, we have determined that we
inadvertently omitted paragraph (j)(3) from that AD. Paragraph (j)(3)
provided operators with a third option for doing an optional
terminating action, which terminates the repetitive inspections
required by paragraph (f) of the existing AD.
FAA's Determination and Requirements of This AD
The unsafe condition described previously is likely to exist or
develop on other airplanes of the same type design. For this reason, we
are issuing this AD to revise AD 2008-13-12. This new AD retains the
requirements of the existing AD. This AD also adds an optional
terminating action inadvertently omitted from the existing AD.
Costs of Compliance
There are about 1,509 airplanes of the affected design in the
worldwide fleet. This AD continues to affect about 524 airplanes of
U.S. registry. The inspections currently required by AD 2008-13-12 and
retained in this AD take between 18 and 38 work hours per airplane,
depending on airplane configuration. The average labor rate is $80 per
work hour. Based on these figures, the estimated cost of the currently
required inspections required by this AD for U.S. operators is between
[[Page 67384]]
$754,560 and $1,592,960, or $1,440 and $3,040 per airplane, per
inspection cycle.
FAA's Justification and Determination of the Effective Date
The omitted paragraph was previously published in the NPRM for the
existing AD and affected operators had the opportunity to comment on
that action at that time. Therefore, we have determined that notice and
opportunity for public comment before issuing this AD are unnecessary
and that good cause exists for making this amendment effective in less
than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments before it becomes effective. However, we invite
you to send any written data, views, or arguments about this AD. Send
your comments to an address listed under the ADDRESSES section. Include
``Docket No. FAA-2008-15719; Directorate Identifier 2008-NM-128-AD'' at
the beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of this
AD. We will consider all comments received by the closing date and may
amend this AD because of those comments.
We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about 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 the 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 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, Incorporation by
reference, Safety.
Adoption of the Amendment
0
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 Federal Aviation Administration (FAA) amends Sec. 39.13 by
removing amendment 39-15575 (73 FR 38905, July 8, 2008) and adding the
following new airworthiness directive (AD):
2008-13-12 R1 Boeing: Amendment 39-15719. Docket No. FAA-2008-1147;
Directorate Identifier 2008-NM-128-AD.
Effective Date
(a) This AD becomes effective December 1, 2008.
Affected ADs
(b) This AD revises AD 2008-13-12.
Applicability
(c) This AD applies to Boeing Model 737-100, -200, -200C, -300,
-400, and -500 series airplanes, certificated in any category; as
identified in Boeing Alert Service Bulletin 737-53A1261, dated
January 19, 2006.
Unsafe Condition
(d) This AD results from a report that the upper frame of the
fuselage was severed between stringers S-13L and S-14L at station
747, and the adjacent frame at station 767 had a 1.3-inch-long crack
at the same stringer location. We are issuing this AD to detect and
correct fatigue cracking of the upper frame to side frame splice of
the fuselage, which could result in reduced structural integrity of
the frame and adjacent lap joint. This reduced structural integrity
can increase loading in the fuselage skin, which will accelerate
skin crack growth and result in decompression of the airplane.
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.
Restatement of Requirements of AD 2008-13-12
Repetitive Inspections/Corrective Actions
(f) At the applicable compliance time listed in paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 737-53A1261,
including Appendices A through X inclusive, dated January 19, 2006;
except as provided by paragraph (g) of this AD: Do the applicable
inspections for cracking of the upper frame to side frame splice of
the fuselage by doing all of the actions, as specified in the
Accomplishment Instructions of the service bulletin; except as
provided by paragraphs (h) and (i) of this AD. Do all applicable
specified and corrective actions before further flight in accordance
with the service bulletin. Repeat the applicable inspections
thereafter at intervals not to exceed 6,000 flight cycles until the
terminating action in paragraph (j) of this AD has been
accomplished.
(g) Where Boeing Alert Service Bulletin 737-53A1261, including
Appendices A through X inclusive, dated January 19, 2006, specifies
a compliance time relative to the date on the service bulletin, this
AD requires compliance within the specified compliance time after
August 12, 2008 (the effective date of AD 2008-13-12).
(h) If any crack is found during any inspection required by this
AD, and Boeing Alert Service Bulletin 737-53A1261, including
Appendices A through X inclusive, dated January 19, 2006, specifies
to contact Boeing for appropriate action: Before further flight,
repair the crack in accordance with the procedures specified in
paragraph (k) of this AD.
(i) For airplanes on which a repair has been previously
accomplished: If, during accomplishment of the corrective actions
required by paragraph (f) of this AD, it is found that the repair
was not done per the Boeing 737-100/200 Structural Repair Manual
(SRM) 53-10-4, Figure 1; or the Boeing 737-300/400/500 SRM 53-00-07,
Figure 201, Repair 1; as applicable; before further flight, repair
in accordance with the procedures specified in paragraph (k) of this
AD.
[[Page 67385]]
Optional Terminating Action
(j) Accomplishing the actions specified in paragraph (j)(1),
(j)(2), or (j)(3) of this AD, as applicable, terminates the
repetitive inspections required by paragraph (f) of this AD for the
repaired or modified frames only.
(1) Accomplishment of the repair specified in Part 3, or the
preventive modification specified in Part 4, of the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-53A1261, including
Appendices A through X inclusive, dated January 19, 2006.
(2) Accomplishment of the repair or the preventive modification
specified in Boeing Message M-7200-02-01294, dated August 20, 2002.
(3) Accomplishment of the repair or the preventive modification
in accordance with a method approved by the Manager, Seattle
Aircraft Certification Office (ACO).
Alternative Methods of Compliance (AMOCs)
(k)(1) The Manager, Seattle ACO, FAA, ATTN: Wayne Lockett,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue, SW., Renton, Washington
98057-3356; telephone (425) 917-6447; fax (425) 917-6590; has the
authority to approve AMOCs for this AD, if requested using 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 must meet the certification basis
of the airplane, and the approval must specifically refer to this
AD.
Material Incorporated by Reference
(l) You must use Boeing Alert Service Bulletin 737-53A1261,
dated January 19, 2006, to do the actions required by this AD,
unless the AD specifies otherwise. If you do the optional
terminating actions specified in this AD, you must use Boeing
Message M-7200-02-01294, dated August 20, 2002; or Boeing Alert
Service Bulletin 737-53A1261, dated January 19, 2006; to do those
optional actions, unless the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of Boeing Message M-7200-02-01294, dated
August 20, 2002, under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) On August 12, 2008 (73 FR 38905, July 8, 2008), the Director
of the Federal Register approved the incorporation by reference of
Boeing Alert Service Bulletin 737-53A1261, dated January 19, 2006.
(3) For service information identified in this AD, contact
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington
98124-2207; telephone 206-544-9990; fax 206-766-5682; e-mail
DDCS@boeing.com; Internet https://www.myboeingfleet.com.
(4) You may review copies of the service information
incorporated by reference at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or 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: http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html.
Issued in Renton, Washington, on October 10, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-25893 Filed 11-13-08; 8:45 am]
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