[Federal Register: February 26, 2009 (Volume 74, Number 37)]
[Rules and Regulations]
[Page 8713-8715]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26fe09-4]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-29255; Directorate Identifier 2007-NM-085-AD;
Amendment 39-15821; AD 2009-04-15]
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.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Boeing Model 737-100, -200, -200C, -300, -400, and -500 series
airplanes. This AD requires repetitive internal eddy current and
detailed inspections to detect cracked stringer tie clips; measuring
the fastener spacing and the edge margin if applicable, and doing
applicable corrective and related investigative actions. As a temporary
alternative to doing the actions described previously, this AD requires
repetitive external general visual inspections of the skin and lap
joints and repetitive external eddy current sliding probe inspections,
as applicable, of the lap joints for cracks and evidence of overload
resulting from cracked stringer tie clips, and applicable corrective
actions if necessary. This AD results from a report of several cracked
stringer tie clips. We are issuing this AD to detect and correct
multiple adjacent cracked stringer tie clips and damaged skin and
frames, which could lead to the skin and frame structure developing
cracks and consequent decompression of the airplane.
DATES: This AD becomes effective April 2, 2009.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of April 2,
2009.
ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1, fax 206-766-5680; e-mail me.boecom@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 address for the
Docket Office (telephone 800-647-5527) is the Document 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: 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
The FAA issued a supplemental notice of proposed rulemaking (NPRM)
to amend 14 CFR part 39 to include an AD that would apply to certain
Boeing Model 737-100, -200, -200C, -300, -400, and -500 series
airplanes. That supplemental NPRM was published in the Federal Register
on August 29, 2008 (73 FR 50899). That supplemental NPRM proposed to
require repetitive internal eddy current and detailed inspections to
detect cracked stringer tie clips; measuring the fastener spacing and
the edge margin if applicable, and doing applicable corrective and
related investigative actions. That supplemental NPRM also proposed to
require repetitive external eddy current sliding probe inspections of
the lap joints for cracks and evidence of overload resulting from
cracked stringer tie clips, and applicable corrective actions if
necessary.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.
Request To Clarify Effectivity
Boeing asks that the affected airplanes specified in Note 3 of the
supplemental NPRM be clarified. Boeing states that the original issue
of Boeing Service Bulletin 737-53-1085, Revision 1, dated May 10, 1990
(referred to in Note 3), contains an error in the affected airplanes
shown in the summary section. Boeing notes that the error shows line
numbers 1 through 1000. Boeing also states that in the planning
information section of that service bulletin, it shows line number
1000/part number 136 is not included in the Group 2 airplanes (all
affected Model 737-200 airplanes). In addition, Boeing Service Bulletin
737-53-1085, Revision 1, dated May 10, 1990, includes a change to the
production line for line numbers 1000 and on. Boeing asks that Note 3
of the supplemental NPRM be changed to replace line number 1000 with
line number 999, and to replace line number 1001 with line number 1000.
We agree for the reasons provided and have changed Note 3 for
clarification.
Request To Clarify Paragraph (g)
Boeing asks that we clarify the first sentence in paragraph (g) of
the supplemental NPRM (paragraph (f) of the final rule) by adding ``as
applicable'' after the inspection method. We agree because the
inspection method depends on the type of stringer clip. We have changed
paragraph (f) of the AD accordingly.
Request To Clarify Paragraph (h)
Boeing asks that we clarify the first sentence in paragraph (h) of
the supplemental NPRM (paragraph (g) of the final rule) by adding ``as
applicable'' to that sentence. We agree because the inspection types
are appropriate only for certain airplanes. We have changed paragraph
(g) of the AD accordingly.
Request To Move Note 2
Boeing asks that we move Note 2 of the supplemental NPRM from its
current position below paragraph (h) of the supplemental NPRM
(paragraph (g) of the final rule) to the position below paragraph (g)
(paragraph (f) of the final rule) and Note 1 of the supplemental NPRM.
Boeing states that Note 2 pertains to the optional/economic
inspections, which are relative to those inspections specified in
paragraph (g), not paragraph (h). Boeing notes that
[[Page 8714]]
Note 2 provides supplemental information about paragraph (g). Boeing
adds that Note 2 should be moved to correspond with Inspection A, which
is specified in paragraph (g). We agree for the reasons provided and we
have moved Note 2 to the position below Note 1.
Change to Final Rule
We have removed the ``Service Bulletin Reference'' paragraph from
this AD, and re-identified subsequent paragraphs accordingly. (That
paragraph was identified as paragraph (f) in the supplemental NPRM.)
Instead, we have spelled out the service bulletin citations throughout
this AD.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We also determined that
these changes will not increase the economic burden on any operator or
increase the scope of the AD.
Costs of Compliance
We estimate that this AD affects 787 airplanes of U.S. registry.
The following table provides the estimated costs for U.S. operators to
comply with this AD.
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Number of U.S.-
Action Work hours \1\ Average labor Cost per registered Fleet cost \1\
rate per hour airplane \1\ airplanes
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Inspection A................. Between 40 and $80 Between $3,200 787 Between
103. and $8,240, $2,518,400 and
per inspection $6,484,880,
cycle. per inspection
cycle.
Inspection B (temporary Between 2 and 80 Between $160 787 Between
alternative to Inspection A). 109. and $8,720. $125,920 and
$6,862,640,
per inspection
cycle.
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\1\ Depending on the airplane configuration.
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); 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
adding the following new airworthiness directive (AD):
2009-04-15 Boeing: Amendment 39-15821. Docket No. FAA-2007-29255;
Directorate Identifier 2007-NM-085-AD.
Effective Date
(a) This AD becomes effective April 2, 2009.
Affected ADs
(b) AD 93-08-04, amendment 39-8551.
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 Special Attention Service Bulletin 737-53-1268,
dated August 25, 2006.
Unsafe Condition
(d) This AD results from a report of several cracked stringer
tie clips. We are issuing this AD to detect and correct multiple
adjacent cracked stringer tie clips and damaged skin and frames,
which could lead to the skin and frame structure developing cracks
and consequent 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.
Inspection A: Required Internal Inspections, Applicable Corrective and
Related Investigative Actions, and Measurement
(f) Do repetitive internal eddy current and detailed
inspections, as applicable, to detect cracked stringer tie clips;
measure the fastener spacing and the edge margin if applicable; and
do applicable corrective and related investigative actions. Do all
applicable actions at the applicable compliance times and repeat
intervals identified in Tables 2 through 8 inclusive of paragraph
1.E., ``Compliance,'' of Boeing Special Attention Service Bulletin
737-53-1268, dated August 25, 2006 (``the service bulletin'');
except as provided by paragraphs (h) through (k) of this AD. Do all
applicable actions in accordance with the Accomplishment
Instructions of the service bulletin, except as provided by
paragraph (l) of this AD.
[[Page 8715]]
Note 1: Boeing Special Attention Service Bulletin 737-53-1268,
dated August 25, 2006, refers to Boeing Service Bulletin 737-
53A1177, Revision 6, dated May 31, 2001, as an additional source of
service information for doing an internal eddy current inspection of
the lap joint for certain airplane configurations.
Note 2: The eddy current inspections along the stringer tie clip
radius to detect damage and replacement, as applicable, specified in
paragraph 3.B.5. of the Accomplishment Instructions of Boeing
Special Attention Service Bulletin 737-53-1268, dated August 25,
2006, are not required by this AD. The actions are optional and can
be done in addition to and at the same time as the actions required
by paragraph (f) of this AD.
Inspection B: Temporary Alternative External Inspections and Corrective
Actions
(g) As a temporary alternative to doing the actions required by
paragraph (f) of this AD, do repetitive external general visual
inspections of the skin and lap joints and repetitive external eddy
current sliding probe inspections, as applicable, of the lap joints
for cracks and evidence of overload resulting from cracked stringer
tie clips, and applicable corrective actions if necessary. Do all
applicable actions at the applicable compliance times and repeat
intervals identified in Tables 9 through 12 inclusive of paragraph
1.E., ``Compliance,'' of Boeing Special Attention Service Bulletin
737-53-1268, dated August 25, 2006 (``the service bulletin''), but
not to exceed the flight cycles in the ``Inspection Period Allowed''
column of the tables; except as provided by paragraphs (h) and (k)
of this AD. Do all applicable actions in accordance with the
Accomplishment Instructions of the service bulletin, except as
provided by paragraph (l) of this AD.
Note 3: Inspection B may be used on affected airplanes having
line numbers 1 through 999 inclusive on which the terminating action
(i.e., replacement of stringer tie clips) specified in Boeing
Service Bulletin 737-53-1085, Revision 1, dated May 10, 1990, has
been done; and on affected airplanes having line numbers 1000 and
subsequent. Boeing Special Attention Service Bulletin 737-53-1268,
dated August 25, 2006, contains a similar note.
Exceptions to Service Information
(h) Where Boeing Special Attention Service Bulletin 737-53-1268,
dated August 25, 2006 (``the service bulletin''), specifies a
compliance time after the date of the service bulletin, this AD
requires compliance within the specified compliance time after the
effective date of this AD.
(i) For Model 737-100, -200, and -200C series airplanes, on
which Boeing Service Bulletin 737-53-1085, Revision 1, dated May 10,
1990, has not been done in accordance with AD 93-08-04: As of the
effective date of this AD, do the applicable inspections from
station (STA) 559 to STA 887 in accordance with paragraph (f) of
this AD, at the applicable compliance times specified in paragraph
(b) of AD 93-08-04.
(j) In the first row of Tables 5 and 6 of paragraph 1.E.,
``Compliance,'' of Boeing Special Attention Service Bulletin 737-53-
1268, dated August 25, 2006 (``the service bulletin''), where the
service bulletin specifies a compliance time of before 25,000 total
airplane flight cycles, this AD requires a compliance time of before
the accumulation of 25,000 total flight cycles, or within 2 years
after the effective date of this AD, whichever occurs later.
(k) Where Boeing Special Attention Service Bulletin 737-53-1268,
dated August 25, 2006, specifies no starting point (e.g., ``after
the date on the service bulletin'') for a grace period, this AD
requires compliance within the specified grace period after the
effective date of this AD.
(l) Where Boeing Special Attention Service Bulletin 737-53-1268,
dated August 25, 2006, specifies to contact Boeing for appropriate
action: Before further flight, repair the discrepancy using a method
approved in accordance with the procedures specified in paragraph
(n) of this AD.
Certain Actions End Certain Requirements of AD 93-08-04
(m) Accomplishment of the internal eddy current and detailed
inspections for STA 559 to STA 887 in accordance with paragraph (f)
of this AD constitutes compliance with the inspections required by
paragraph (a) of AD 93-08-04, as it pertains to Boeing Service
Bulletin 737-53-1085, Revision 1, dated May 10, 1990. Accomplishment
of the internal eddy current and detailed inspections does not
terminate the remaining requirements of AD 93-08-04, as it applies
to other service bulletins. Operators are required to continue to
inspect and/or modify per the other service bulletins listed in that
AD.
Alternative Methods of Compliance (AMOCs)
(n)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, ATTN: Wayne Lockett, Aerospace Engineer, Airframe Branch, ANM-
120S, FAA, Seattle ACO, 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.
Material Incorporated by Reference
(o) You must use Boeing Special Attention Service Bulletin 737-
53-1268, dated August 25, 2006, to perform the actions that are
required by this AD, unless the AD specifies otherwise. The Director
of the Federal Register approved the incorporation by reference of
this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
(1) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1, fax 206-766-5680; e-mail
me.boecom@boeing.com; Internet https://www.myboeingfleet.com.
(2) You may review copies of the service information that is
incorporated by reference at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For
information on the availability of this material at the FAA, call
425-227-1221 or 425-227-1152.
(3) You may also review copies of the service information 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 January 30, 2009.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.
[FR Doc. E9-3621 Filed 2-25-09; 8:45 am]
BILLING CODE 4910-13-P