[Federal Register Volume 78, Number 35 (Thursday, February 21, 2013)]
[Rules and Regulations]
[Pages 11972-11975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03901]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0036; Directorate Identifier 2009-NM-077-AD;
Amendment 39-17362; AD 2013-04-05]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 737-200, -200C, -300, -400, and -500 series
airplanes. This AD was prompted by reports of cracks in the skin and
surrounding structure under the number 3 very high frequency (VHF)
antenna on the lower external surface of the airplane at buttock line
0.0, aft of the main landing gear wheel well. This AD requires
inspecting for cracking and corrosion under the number 3 VHF antenna,
and corrective actions if necessary; and, for certain airplanes,
replacing bonded skin panels with solid skin panels if not previously
accomplished. This AD also provides an optional preventive modification
(which would terminate the inspection requirements for certain
airplanes). We are issuing this AD to detect and correct cracks and
corrosion of the skin and surrounding structure under the number 3 VHF
antenna, which could result in separation of the antenna from the
airplane, and rapid depressurization of the airplane.
DATES: This AD is effective March 28, 2013.
The Director of the Federal Register approved the incorporation by
reference
[[Page 11973]]
of certain publications listed in the AD as of March 28, 2013.
ADDRESSES: 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. You may review copies of the referenced 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.
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 (phone: 800-647-5527) is 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; phone: (425) 917-
6447; fax: (425) 917-6590; email: [email protected].
SUPPLEMENTARY INFORMATION:
Discussion
We issued a supplemental notice of proposed rulemaking (SNPRM) to
amend 14 CFR part 39 to include an airworthiness directive (AD) that
would apply to the specified products. That SNPRM published in the
Federal Register on March 16, 2012 (77 FR 15640). The original NPRM (75
FR 19564, April 15, 2010) proposed to require inspections for cracking
and corrosion under the number 3 VHF antenna, and corrective actions if
necessary; and, for certain airplanes, replacing bonded skin panels
with solid skin panels if not previously accomplished. The SNPRM
proposed to add an optional preventive modification, which would
terminate the inspection requirements for certain airplanes; change
certain repairs; and add inspections.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the SNPRM (77
FR 15640, March 16, 2012) and the FAA's response to each comment.
Support for the SNPRM (77 FR 15640, March 16, 2012)
The Boeing Company supports the SNPRM (77 FR 15640, March 16,
2012).
Request To Clarify Required Actions
United Airlines requested that we revise paragraph (g) of the SNPRM
(77 FR 15640, March 16, 2012) to more clearly indicate what actions are
mandated. United Airlines explained that paragraph 1.E.,
``Compliance,'' of Boeing Special Attention Service Bulletin 737-53-
1287, Revision 1, dated November 15, 2010, provides information in a
tabular format that can be easily misinterpreted, and that for the
initial inspection, the reader can potentially use two of the initial
inspection options without knowing that the third inspection is also
required. As an example, United Airlines explained that in table 1 of
paragraph 1.E., ``Compliance,'' of Boeing Special Attention Service
Bulletin 737-53-1287, Revision 1, dated November 15, 2010, the first
action is to perform external visual inspections, but that action also
directs operators to paragraph 3.B.3.a., which requires external
detailed and external high frequency eddy current (HFEC) inspections.
We agree to clarify. We have eliminated unnecessary repeated
phrasing (e.g., external detailed, HFEC) from paragraph (g) of this
final rule to indicate those actions that are mandated.
The second row, first column of table 1 of paragraph 1.E.,
``Compliance,'' of Boeing Special Attention Service Bulletin 737-53-
1287, Revision 1, dated November 15, 2010, identifies that the action
specified in the second, third, and fourth row, second column, is to be
done on all airplanes, and are not optional. All airplanes listed in
the Applicability section of this AD are required to have those actions
completed.
Also, the reference to the Work Instructions paragraphs (e.g.,
3.B.3.a., 3.B.5.a.) direct operators where to find those specific
actions in the Accomplishment Instructions of the service bulletin.
Request To Delete Requirement
Southwest Airlines requested that we remove paragraph (h)(2) from
the supplemental NPRM (77 FR 15640, March 16, 2012). That paragraph
proposed to require that operators comply with section 121.1109(c)(2)
or section 129.109(c)(2) of the Federal Aviation Regulations (14 CFR
121.1109(c)(2) or 14 CFR 129.109(c)(2)) and obtain an approved damage
tolerance evaluation for any repair installed. Southwest Airlines
considered that paragraph (h)(2) of the supplemental NPRM contradicts
the following statement in the preamble of the supplemental NPRM:
Table 10 in paragraph 1.E., ``Compliance,'' of Boeing Special
Attention Service Bulletin 737-53-1287, Revision 1, dated November
15, 2010; and Part 8 of the Accomplishment Instructions of Boeing
Special Attention Service Bulletin 737-53-1287, Revision 1, dated
November 15, 2010; specify post-repair/modification inspections at
the number 3 VHF antenna location, which may be used in support of
compliance with section 121.1109(c)(2) or 129.109(c)(2) of the
Federal Aviation Regulations (14 CFR 121.1109(c)(2) or
129.109(c)(2)), but this supplemental NPRM does not propose to
require those post-repair/modification inspections.
Southwest Airlines reasoned that the requirement to have a damage
tolerance assessment is already mandated by 14 CFR 121.1109, and it is
not necessary to require this in the supplemental NPRM.
We agree with the commenter's request. We have added new paragraph
(i) to this final rule and deleted paragraph (h)(2) of the supplemental
NPRM (77 FR 15640, March 16, 2012)) to clarify that the post-repair/
modification inspections are not required by this AD. We also removed
the reference to Table 10 of paragraph 1.E., Compliance, of Boeing
Special Attention Service Bulletin 737-53-1287, Revision 1, dated
November 15, 2010, and clarified that Part 8 of the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 737-53-1287,
Revision 1, dated November 15, 2010, is the appropriate reference for
the damage tolerance inspections. We have also changed 129.109(c)(2) to
129.109(b)(2) in Note 1 to paragraph (i) of this final rule.
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--and minor editorial
changes. We have determined that these minor changes:
Are consistent with the intent that was proposed in the
supplemental NPRM (77 FR 15640, March 16, 2012) for correcting the
unsafe condition; and
[[Page 11974]]
Do not add any additional burden upon the public than was
already proposed in the supplemental NPRM (77 FR 15640, March 16,
2012).
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 629 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated Costs
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Number of U.S.-
Action Labor cost Parts cost Cost per product registered Cost on U.S. operators
airplanes
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Inspection................... Up to 13 work- None............. Up to $1,105 per 629 Up to $695,045 per inspection cycle.
hours x $85 per inspection
hour = Up to cycle.
$1,105 per
inspection
cycle.
Concurrent replacement for 2,112 work-hours $35,000.......... $214,520........ 387 $83,019,240.
Group 2 and Group 7 x $85 per hour
airplanes [sup1]. = $179,520.
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\1\ The concurrent modification for Group 2 and Group 7 airplanes required by this AD is already required by AD 90-06-02, Amendment 39-6489 (55 FR 8372,
March 7, 1990). AD 90-06-02 mandated the skin replacement within 20 years of the manufacture date of the airplane. All Group 2 and Group 7 airplanes
have exceeded the 20-year threshold.
We have received no definitive data that would enable us to provide
a cost estimate 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):
2013-04-05 The Boeing Company: Amendment 39-17362; Docket No. FAA-
2010-0036; Directorate Identifier 2009-NM-077-AD.
(a) Effective Date
This AD is effective March 28, 2013.
(b) Affected ADs
AD 90-06-02, Amendment 39-6489 (55 FR 8372, March 7, 1990),
affects this AD.
(c) Applicability
This AD applies to The Boeing Company Model 737-200, -200C, -
300, -400, and -500 series airplanes, certificated in any category,
as identified in Boeing Special Attention Service Bulletin 737-53-
1287, Revision 1, dated November 15, 2010.
(d) Subject
Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 53: Fuselage.
(e) Unsafe Condition
This AD was prompted by reports of cracks of the skin and
surrounding structure under the number 3 very high frequency (VHF)
antenna on the lower external surface of the airplane at buttock
line 0.0, aft of the main landing gear wheel well. We are issuing
this AD to detect and correct cracks and corrosion of the skin and
surrounding structure under the number 3 VHF antenna, which could
result in separation of the antenna from the airplane, and rapid
depressurization of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Inspections
Except as required by paragraph (j)(1) of this AD, at the
applicable times specified in tables 1 through 9 of paragraph 1.E.,
``Compliance,'' of Boeing Special Attention Service Bulletin 737-53-
1287, Revision 1, dated November 15, 2010: Do the applicable
inspections (external detailed; external high frequency eddy current
(HFEC); and internal detailed and HFEC) for cracks and corrosion in
the skin, support, frames, stringers, or antenna, as applicable. Do
the inspections in accordance with Parts 1, 3, 4, and 5 of the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 737-53-1287, Revision 1, dated November 15, 2010, except as
required by paragraphs (j)(2) and (j)(3) of this AD. Repeat the
applicable
[[Page 11975]]
inspections thereafter at the applicable times specified in tables 1
through 9 of paragraph 1.E., ``Compliance,'' of Boeing Special
Attention Service Bulletin 737-53-1287, Revision 1, dated November
15, 2010, until the actions specified in paragraph (k) of this AD
are done.
(h) Repair
If any crack or corrosion is found during any inspection
required by paragraph (g) of this AD: Repair before further flight,
in accordance with the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 737-53-1287, Revision 1, dated November
15, 2010, except as required by paragraphs (j)(2) and (j)(3) of this
AD. Repair of any crack or corrosion terminates the repetitive
inspection requirements of paragraph (g) of this AD for the repaired
area only.
(i) No Post Repair/Modification Inspections
The post-repair/modification inspections specified in Part 8 of
the Accomplishment Instructions of Boeing Special Attention Service
Bulletin 737-53-1287, Revision 1, dated November 15, 2010, are not
required by this AD.
Note 1 to paragraph (i) of this AD: The damage tolerance
inspections specified in Part 8 of the Accomplishment Instructions
of Boeing Special Attention Service Bulletin 737-53-1287, Revision
1, dated November 15, 2010, may be used in support of compliance
with section 121.1109(c)(2) or 129.109(b)(2) of the Federal Aviation
Regulations (14 CFR 121.1109(c)(2) or 14 CFR 129.109(b)(2)). The
actions specified in Part 8 of the Accomplishment Instructions and
corresponding figures of Boeing Special Attention Service Bulletin
737-53-1287, Revision 1, dated November 15, 2010, are not required
by this AD.
(j) Exceptions
(1) Where Boeing Special Attention Service Bulletin 737-53-1287,
Revision 1, dated November 15, 2010, specifies a compliance time
``after the original issue date of this service bulletin,'' this AD
requires compliance within the specified compliance time after the
effective date of this AD.
(2) Where Boeing Special Attention Service Bulletin 737-53-1287,
Revision 1, dated November 15, 2010, specifies contacting Boeing for
inspection or repair instructions: Do the applicable action using a
method approved in accordance with the procedures specified in
paragraph (n) of this AD.
(3) For Group 7 airplanes, as identified in paragraph 1.A.,
``Effectivity,'' of Boeing Special Attention Service Bulletin 737-
53-1287, Revision 1, dated November 15, 2010: Use the applicable
instructions for Group 2, Configuration 1, 2, or 3 airplanes, as
identified in Boeing Special Attention Service Bulletin 737-53-1287,
Revision 1, dated November 15, 2010.
(k) Optional Terminating Action
For Groups 1, 2, 3, 4, 6, and 7 airplanes, as identified in
Boeing Special Attention Service Bulletin 737-53-1287, Revision 1,
dated November 15, 2010: Except as provided by paragraphs (j)(2) and
(j)(3) of this AD, accomplishment of the preventive modification,
including all applicable HFEC and detailed inspections for cracking
or corrosion inside or outside the repair skin cutout area, in the
frame fastener holes, or in the support channel; and all applicable
repairs or replacements; as specified in the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 737-53-
1287, Revision 1, dated November 15, 2010, terminates the repetitive
inspection requirements of paragraph (g) of this AD.
(l) Concurrent Skin Panel Replacement
For Groups 2 and 7 airplanes, as identified in Boeing Special
Attention Service Bulletin 737-53-1287, Revision 1, dated November
15, 2010: Before or concurrently with accomplishing the requirements
of paragraph (g) of this AD, do the replacement of the bonded skin
panels with solid skin panels, in accordance with the Accomplishment
Instructions of Boeing Service Bulletin 737-53A1042, Revision 9,
dated July 25, 1991, except as required by paragraph (j)(3) of this
AD. The actions specified in paragraph (l) of this AD are also
required by AD 90-06-02, Amendment 39-6489 (55 FR 8372, March 7,
1990).
(m) Credit for Previous Actions
(1) This paragraph provides credit for the replacement required
by paragraph (l) of this AD, if the replacement of bonded skin
panels with solid skin panels was performed before the effective
date of this AD using the service information identified in
paragraphs (m)(1)(i), (m)(1)(ii), (m)(1)(iii), and (m)(1)(iv) of
this AD.
(i) Boeing Service Bulletin 737-53A1042, Revision 5, dated
October 5, 1984.
(ii) Boeing Service Bulletin 737-53A1042, Revision 6, dated
August 10, 1989.
(iii) Boeing Service Bulletin 737-53A1042, Revision 7, dated
October 19, 1989.
(iv) Boeing Service Bulletin 737-53A1042, Revision 8, dated July
19, 1990.
(2) This paragraph provides credit for the inspections required
by paragraph (g) of this AD, if the inspections were performed
before the effective date of this AD using Boeing Special Attention
Service Bulletin 737-53-1287, dated March 11, 2009.
(n) 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 the Related Information
section of this AD. Information may be emailed to [email protected].
(2) Before using any approved AMOC, notify your Principal
Maintenance Inspector or Principal Avionics Inspector, as
appropriate, or lacking a principal inspector, your local Flight
Standards District Office.
(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 the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that 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.
(o) Related Information
(1) For more information about this AD, contact Wayne Lockett,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle ACO,
1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 425-917-
6447; fax: 425-917-6590; email: [email protected].
(2) 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; Internet https://www.myboeingfleet.com. You may review copies of the referenced
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.
(p) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise.
(i) Boeing Special Attention Service Bulletin 737-53-1287,
Revision 1, dated November 15, 2010.
(ii) Boeing Service Bulletin 737-53A1042, Revision 9, dated July
25, 1991.
(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 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.
(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/cfr/ibr-locations.html.
Issued in Renton, Washington, on February 1, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-03901 Filed 2-20-13; 8:45 am]
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