[Federal Register: April 9, 2009 (Volume 74, Number 67)]
[Rules and Regulations]
[Page 16108-16111]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ap09-3]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0412; Directorate Identifier 2007-NM-346-AD;
Amendment 39-15870; AD 2009-07-11]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 737-300, -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 superseding an existing airworthiness directive
(AD), which applies to all Boeing Model 737-300, -400, and -500 series
airplanes. That AD currently requires repetitive inspections for
discrepancies of the fuselage skin under the dorsal fin assembly, and
repairing if necessary. This new AD requires an inspection for any
chafing or crack in the fuselage skin and abrasion resistant coating at
the dorsal fin landing, an inspection for damage to the dorsal fin
seals, attach clip, and seal retainer, and other specified and
corrective actions as necessary. The new requirements will end the need
for the existing repetitive inspections. This AD results from a report
of an 18-inch crack found in the fuselage skin area under the blade
seals of the nose cap of the dorsal fin due to previous wear damage,
and additional reports of fuselage skin wear. We are issuing this AD to
prevent discrepancies of the fuselage skin, which could result in
fatigue cracking due to cabin pressurization and consequent rapid in-
flight decompression of the airplane fuselage.
DATES: This AD becomes effective May 14, 2009.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of May 14, 2009.
On November 12, 2004 (69 FR 62567, October 27, 2004), the Director
of the Federal Register approved the incorporation by reference of
Boeing Message Number 1-QXO35, dated October 13, 2004.
ADDRESSES: 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 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 notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that supersedes AD 2004-22-05, amendment
39-13833 (69 FR 62567, October 27, 2004). The existing AD applies to
all Boeing Model 737-300, -400, and -500 series airplanes. That NPRM
was published in the Federal Register on April 24, 2008 (73 FR 22088).
That NPRM proposed to continue to require repetitive inspections for
discrepancies of the fuselage skin under the dorsal fin assembly, and
repairing if necessary. That NPRM also proposed to add an inspection
for any chafing or crack in the fuselage skin and abrasion resistant
coating at the dorsal fin landing, an inspection for damage to the
dorsal fin seals, attach clip, and seal retainer, and other specified
and corrective actions as necessary.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments that have been
received on the NPRM.
Request To Clarify Certain Language in Paragraph (i) of the NPRM
Boeing asks that we change certain language in paragraph (i) of the
NPRM to add the word ``abrasion'' as follows: ``Do a detailed
inspection for any signs of abrasion, chafing, or crack . * * *''
Boeing also asks that we change that same paragraph to make the word
``retainer'' plural as follows: ``do a detailed inspection for damage
to the
[[Page 16109]]
dorsal fin seals, attach clip, and seal retainers, and do all
applicable other specified and corrective actions * * *'' Boeing states
that these changes will clarify that the inspection is also for signs
of abrasion and that there is more than one seal retainer.
We agree to add the word ``abrasion'' (in parentheses) to the
description of the discrepancies specified in paragraph (i) of the AD
because abrasion is a synonym of chafing. We also agree that there are
multiple seal retainers and we have also included that in paragraph (i)
of the AD for clarification.
Boeing also asks that we change the last sentence in paragraph (i)
of the NPRM for clarification to add that paragraph (g) of the NPRM is
also terminated by the actions in paragraph (i).
We do not agree to change the last sentence in paragraph (i) of
this AD. Paragraph (g) is corrective action that is accomplished if any
discrepancy is found during any inspection required by paragraph (f) of
the AD. The terminating action in paragraph (i) is for the repetitive
inspections in paragraph (f); therefore, if operators are no longer
performing those inspections then the corrective action will not be
necessary. We have made no change to the AD in this regard.
Request To Expand Inspection to Add the Wear Strip
Japan Transocean Air (JTA) asks that we expand the inspection
specified in paragraph (i) of the NPRM to include an inspection of
either the fuselage skin or the wear strip. JTA notes that AD 2004-22-
05 requires repetitive detailed inspections for discrepancies (wear or
cracking) of the fuselage skin under the dorsal fin assembly, and the
new requirements retain this inspection. JTA states that it plans to
install wear strips in accordance with Boeing Alert Service Bulletin
737-53A1266, dated August 30, 2007. In order to avoid removal of the
wear strip, JTA asks that repetitive inspections for either the
fuselage skin or the wear strip be included in the NPRM.
We do not agree to include a requirement to inspect either the
fuselage skin or the wear strip. Accomplishing all of the applicable
actions in paragraph (i) of the AD terminates the repetitive
inspections required by AD 2004-22-05; the new requirements do not
retain the repetitive inspections as noted by the commenter. Paragraph
(i) of the NPRM follows the inspection procedures specified in Boeing
Alert Service Bulletin 737-53A1266, dated August 30, 2007. However,
according to the provisions of paragraph (l) of this AD, the operator
can apply for an alternative method of compliance (AMOC) if supporting
data is provided. We have made no change to the AD in this regard.
Request To Add a Note to the Applicability Section
Boeing asks that we add a note to the applicability section of the
NPRM to address operators who may have accomplished repairs or
modifications in the subject area. Boeing states that some operators
have accomplished Boeing Service Bulletin 737-55-1057, dated December
12, 1996, structural repair manual (SRM) repairs, or AD 2004-22-05 in
the subject area and some of the repairs are no longer acceptable.
We do not agree to add a note to the applicability section in this
AD. The new inspections required by paragraph (i) of the AD are
required on all airplanes, as identified in paragraph (c) of this AD.
For airplanes on which existing repairs, alterations, or modifications
do not allow for the inspections, you must request an AMOC as required
by 14 CFR 39.17. We will consider requests for AMOCs under the
provisions of paragraph (l) of the AD, which will then be evaluated to
ensure that the unsafe condition has been addressed. We have made no
change to the AD in this regard.
Request To Clarify Compliance Section
Boeing asks that we clarify the action required in the compliance
section as specified at the end of the sentence of paragraph (e) of the
NPRM. Paragraph (e) specifies in part ``* * * unless the actions have
already been done.'' Boeing suggests we change that language in
paragraph (e) to read: ``* * * unless the actions required by this AD
have already been done.'' Boeing states that this change would clarify
the actions required by the AD.
We do not agree to clarify paragraph (e) of this AD. We find that
the current language is clear as written. We have made no change to the
AD in this regard.
Request To Clarify the Purpose of Restating the Requirements in AD
2004-22-05
Boeing asks that we clarify the reason for the requirements
specified in paragraphs (f), (g), and (h) of the NPRM. Boeing states
that the purpose of restating the requirements of AD 2004-22-05 in the
NPRM is unclear and confusing. Boeing notes that we need to clearly
indicate if the restatement section is meant to reprint AD 2004-22-05,
and if so, those sections should contain the same language and indicate
that the previous AD is obsolete. Boeing adds that if the intention of
the new AD is to restate some of the requirements of AD 2004-22-05,
then Boeing points out that Boeing Service Bulletin 737-55-1057, dated
December 12, 1996 (referenced in AD 2004-22-05) has been cancelled;
Boeing Message Number I-QXO35, dated October 13, 2004 (also referenced
in AD 2004-22-05), has been superseded by Boeing Alert Service Bulletin
737-53A1266, dated August 30, 2007, which does not require repetitive
inspections.
We do not agree that the reason for the requirements specified in
paragraphs (f), (g), and (h) of the AD needs clarification because
these statements are restating the requirements of AD 2004-22-05, which
is being superseded by this AD. As specified in the new requirements in
paragraph (i) of this AD, accomplishing the actions in paragraph (i)
terminates the repetitive inspections required by paragraph (f) of the
AD. Since paragraph (f) restates the requirements in AD 2004-22-05,
accomplishing those requirements is no longer necessary after
accomplishing the requirements in paragraph (i); however, the
requirements of AD 2004-22-05, as restated in this AD, remain in effect
until the requirements of paragraph (i) of this AD are accomplished.
Paragraph (g) of the AD is the follow-on repair if discrepancies are
found, and paragraph (h) just specifies that reporting is not required.
Therefore, we have made no change to the AD in this regard.
Request To Change Paragraph (l)(4) of the NPRM
Boeing asks that we change paragraph (l)(4) of the NPRM to specify
the following: ``AMOCs approved previously in accordance with AD 2004-
22-05 and repairs accomplished in accordance with 737-300/-400/-500 SRM
737-53-60-01, repairs 9 and 10, are approved as AMOCs for the
corresponding provisions of paragraphs (f) and (g) of this AD, if they
fulfill the requirements provided in paragraph (i) of this AD.'' Boeing
states that better clarification of the language is necessary to
encompass SRM repairs. Boeing notes that the addition of reference to
paragraph (i) is required because some airplanes on which AD 2004-22-05
has been accomplished will not meet the new requirements.
We do not agree to change paragraph (l)(4) of the AD. AMOCs
approved previously for AD 2004-22-05 are approved as AMOCs to the
provision of paragraphs (f) and (g) of this AD only. All airplanes are
subject to the new
[[Page 16110]]
inspection requirements specified in paragraph (i) of the AD. For
airplanes on which existing repairs, alterations, or modifications do
not allow for the inspection, we will consider requests for AMOCs under
the provisions of paragraph (l) of the AD, which will then be evaluated
to ensure that the unsafe condition has been addressed. We have made no
change to the AD in this regard.
Request To Exclude Certain Inspections of the Fuselage Skin
KLM Royal Dutch Airlines asks that the NPRM specify that
inspections of the fuselage skin aft of body station (BS) 887 and BS
908 are not required if inspections done previously per AD 2004-22-05
have resulted in findings only between BS 857 and BS 887 (no findings
aft of BS 887), or BS 857 and BS 908 (no findings aft of BS 908), as
applicable; and when a repair has been installed per Boeing 737-300/-
400/-500 SRM, Chapter 53-60-01, Repair 9 or Repair 10, as applicable,
including installation of CRES 0.016 inch thick wear strips. KLM notes
that the following language should be included in the NPRM: ``A one-
time detailed inspection for damage to dorsal fin seals, attach clip,
and seal retainer, and accomplishment of all the applicable corrective
actions per the Accomplishment Instructions of Boeing Service Bulletin
737-53A1266-R0 is still required.''
We do not agree to exclude the inspections noted above by KLM.
Repair 9 of Chapter 53-60-01 of the Boeing 737-300/-400/-500 SRM was
revised in 2006 and operators that used the earlier version of Repair 9
are required to comply with the new requirements in this AD.
Installation of the latest Repair 9 or Repair 10 of Chapter 53-60-01 of
the Boeing 737-300/-400/-500 SRM, including the wear strips, does not
eliminate the potential for wear damage aft of the repair location.
Operators are still required to inspect this area to ensure there is no
damage. However, according to the provisions of paragraph (l) of this
AD, we may approve requests for an AMOC if the request includes data
that prove that excluding the inspections would provide an acceptable
level of safety. We have not changed the AD in this regard.
Conclusion
We have carefully reviewed the available data, including the
comments that have been received, and determined that air safety and
the public interest require adopting the AD with the changes described
previously. We have determined that these changes will neither increase
the economic burden on any operator nor increase the scope of the AD.
Costs of Compliance
There are about 1,963 airplanes of the affected design in the
worldwide fleet. This AD affects about 627 airplanes of U.S. registry.
The actions that are required by AD 2004-22-05 and retained in this
AD take about 2 work hours per airplane, at an average labor rate of
$80 per work hour. Based on these figures, the estimated cost of the
currently required actions for U.S. operators is $100,320, or $160 per
airplane, per inspection cycle.
The new actions take about 15 work hours per airplane, at an
average labor rate of $80 per work hour. Required parts cost about $801
per airplane. Based on these figures, the estimated cost of the new
actions specified in this AD for U.S. operators is $1,254,627, or
$2,001 per airplane.
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
removing amendment 39-13833 (69 FR 62567, October 27, 2004) and by
adding the following new airworthiness directive (AD):
2009-07-11 Boeing: Amendment 39-15870. Docket No. FAA-2008-0412;
Directorate Identifier 2007-NM-346-AD.
Effective Date
(a) This AD becomes effective May 14, 2009.
Affected ADs
(b) This AD supersedes AD 2004-22-05.
Applicability
(c) This AD applies to all Boeing Model 737-300, -400, and -500
series airplanes, certificated in any category.
Unsafe Condition
(d) This AD results from a report of an 18-inch crack found in
the fuselage skin area under the blade seals of the nose cap of the
dorsal fin due to previous wear damage, and additional reports of
fuselage skin wear. We are issuing this AD to prevent discrepancies
of the fuselage skin, which could result in fatigue cracking due to
cabin pressurization and consequent rapid in-flight decompression of
the airplane fuselage.
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.
[[Page 16111]]
Restatement of Requirements of AD 2004-22-05
Repetitive Detailed Inspections
(f) For airplanes specified in either paragraph (f)(1), (f)(2),
(f)(3), or (f)(4) of this AD: Accomplish a detailed inspection for
discrepancies (wear or cracking) of the fuselage skin under the
dorsal fin assembly by doing all the actions specified in Boeing
Message Number 1-QXO35, dated October 13, 2004. Repeat the
inspection thereafter at intervals not to exceed 9,000 flight
cycles. Accomplishing all of the applicable actions specified in
paragraph (i) of this AD terminates the repetitive inspections
required by this paragraph.
Note 1: For the purposes of this AD, a detailed inspection is:
``An intensive examination of a specific item, installation, or
assembly to detect damage, failure, or irregularity. Available
lighting is normally supplemented with a direct source of good
lighting at an intensity deemed appropriate. Inspection aids such as
mirror, magnifying lenses, etc., may be necessary. Surface cleaning
and elaborate procedures may be required.''
(1) For airplanes with line numbers 1001 through 2828 inclusive
that have not been inspected as of November 12, 2004 (the effective
date of AD 2004-22-05), in accordance with Boeing Service Bulletin
737-55-1057, dated December 12, 1996; or Revision 1, dated July 22,
1999: Inspect before the accumulation of 18,000 total flight cycles,
or within 90 days after November 12, 2004, whichever is later.
(2) For airplanes with line numbers 2829 through 3132 inclusive
that are not included in the effectivity of Boeing Service Bulletin
737-55-1057, dated December 12, 1996; or Revision 1, dated July 22,
1999: Inspect before the accumulation of 18,000 total flight cycles,
or within 90 days after November 12, 2004, whichever is later.
(3) For airplanes with line numbers 1001 through 2828 inclusive
that have been inspected, but not repaired or modified as of
November 12, 2004, in accordance with Boeing Service Bulletin 737-
55-1057, dated December 12, 1996; or Revision 1, dated July 22,
1999: Inspect within 9,000 flight cycles after accomplishing the
inspection, or within 90 days after November 12, 2004, whichever is
later.
(4) For airplanes with line numbers 1001 through 2828 inclusive
that have been inspected and repaired or modified as of November 12,
2004, in accordance with Boeing Service Bulletin 737-55-1057, dated
December 12, 1996; or Revision 1, dated July 22, 1999: Inspect
within 18,000 flight cycles after accomplishing the repair or
modification, or within 90 days after November 12, 2004, whichever
is later; and if a repair doubler is installed, before further
flight, inspect the repair doubler for discrepancies (wear or
cracking).
Note 2: Boeing Message Number 1-QXO35, dated October 13, 2004,
references Part I of Boeing Service Bulletin 737-55-1057, Revision
1, dated July 22, 1999, as an additional source of service
information for accomplishing the actions required by paragraph (f)
of this AD.
Repair
(g) If any discrepancy (wear or cracking) is found during any
inspection required by paragraph (f) of this AD, before further
flight, repair in accordance with a method approved by the Manager,
Seattle Aircraft Certification Office (ACO), FAA; or using a method
approved in accordance with the procedures specified in paragraph
(1) of this AD.
Reporting Not Required
(h) Although Boeing Message Number 1-QXO35, dated October 13,
2004, specifies to report any fuselage skin cracking found during
the detailed inspections, this AD does not include that requirement.
New Requirements of This AD
New Inspections and Other Specified and Corrective Actions
(i) At the applicable compliance times specified in paragraph
1.E. of Boeing Alert Service Bulletin 737-53A1266, dated August 30,
2007, except as provided by paragraph (j) of this AD: Do a detailed
inspection for any chafing (abrasion) or crack in the fuselage skin
of the dorsal fin landing and abrasion resistant coating, do a
detailed inspection for damage to dorsal fin seals, attach clip, and
seal retainers, and do all the applicable other specified and
corrective actions, by accomplishing all of the applicable actions
specified in the Accomplishment Instructions of Boeing Alert Service
Bulletin 737-53A1266, dated August 30, 2007, except as provided by
paragraph (k) of this AD. Accomplishing all of the applicable
actions specified in this paragraph terminates the repetitive
inspections required by paragraph (f) of this AD.
Exception to Compliance Times
(j) Where Boeing Alert Service Bulletin 737-53A1266, dated
August 30, 2007, specifies counting the compliance time from ``* * *
the date on the service bulletin,'' this AD requires counting the
compliance time from the effective date of this AD.
Exception to Corrective Actions
(k) If any damage is found aft of body station 908 during any
inspection required by this AD, and Boeing Alert Service Bulletin
737-53A1266, dated August 30, 2007, specifies to contact Boeing for
appropriate action: Before further flight, repair the fuselage skin
using a method approved in accordance with the procedures specified
in paragraph (l) of this AD.
Alternative Methods of Compliance (AMOCs)
(l)(1) The Manager, Seattle Aircraft Certification Office,
Transport Airplane Directorate, FAA, 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 must meet the certification basis
of the airplane, and the approval must specifically refer to this
AD.
(4) AMOCs approved previously in accordance with AD 2004-22-05
are approved as AMOCs for the corresponding provisions of paragraphs
(f) and (g) of this AD.
Material Incorporated by Reference
(m) You must use Boeing Alert Service Bulletin 737-53A1266,
dated August 30, 2007; and Boeing Message Number 1-QXO35, dated
October 13, 2004; as applicable; to do the actions required by this
AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of Boeing Alert Service Bulletin 737-
53A1266, dated August 30, 2007, under 5 U.S.C. 552(a) and 1 CFR part
51.
(2) The Director of the Federal Register previously approved the
incorporation by reference of Boeing Message Number 1-QXO35, dated
October 13, 2004, on November 12, 2004 (69 FR 62567, October 27,
2004).
(3) 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.
(4) You may review copies of the service information 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.
(5) You may also review copies of the 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: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on March 25, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-7159 Filed 4-8-09; 8:45 am]
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