[Federal Register Volume 78, Number 80 (Thursday, April 25, 2013)]
[Rules and Regulations]
[Pages 24338-24340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08996]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-0935; Directorate Identifier 2011-NM-256-AD;
Amendment 39-17428; AD 2013-08-11]
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 737-900 and -900ER series airplanes. This AD
was prompted by reports of early fatigue cracks at chem-mill areas on
the crown skin panels. This AD requires repetitive inspections for
cracking of the fuselage skin along chem-mill steps at certain crown
skin and shear wrinkle areas, and repair if necessary. We are issuing
this AD to detect and correct fatigue cracking of the skin panel at the
specified chem-mill step locations, which could result in rapid
decompression of the airplane.
DATES: This AD is effective May 30, 2013.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of May 30, 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, WA 98057-3356; phone: (425) 917-6447;
fax: (425) 917-6590; email: [email protected].
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM published in the Federal Register on September 18, 2012 (77
FR 57539). That NPRM proposed to require repetitive inspections for
cracking of the fuselage skin along chem-mill steps at certain crown
skin and shear wrinkle areas, and repair if necessary.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(77 FR 57539, September 18, 2012) and the FAA's response to each
comment.
Request to Revise Federal Aviation Regulations Citations
Boeing stated that references to section 129.109(c)(2) of the
Federal Aviation Regulations (14 CFR 129.109(c)(2)) are incorrect,
since that paragraph does not exist in the current revision of the
Federal Aviation Regulations and that the correct paragraph reference
is section 129.109(b)(2). Boeing noted that this error occurred in the
second paragraph of the ``Differences Between the Proposed AD and the
Service Information'' section, and in Note 1 to paragraph (l) of the
proposed AD (77 FR 57539, September 18, 2012).
We agree that the specified references are incorrect. We agree that
the citation in the proposed AD (77 FR 57539, September 18, 2012) is
inaccurate, but since that section of the preamble does not reappear in
this AD, no corresponding change to this AD is necessary. We have
corrected the citation in Note 1 to paragraph (l) of this AD.
Winglet Supplemental Type Certificate (STC) Comment
Aviation Partners Boeing stated that the installation of winglets
per STC ST00830SE (http://rgl.faa.gov/Regulatory--and--Guidance--
Library/
[[Page 24339]]
rgstc.nsf/0/
408E012E008616A7862578880060456C?OpenDocument&Highlight=st00830se) does
not affect the actions specified in the NPRM (77 FR 57539, September
18, 2012).
We concur. We have added paragraph (c)(2) to this AD to state that
installation of STC ST00830SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/408E012E008616A7862578880060456C?OpenDocument&Highlight=st00830se) does
not affect the ability to accomplish the actions required by this AD.
Therefore, for airplanes on which STC ST00830SE is installed, a
``change in product'' alternative method of compliance (AMOC) approval
request is not necessary to comply with the requirements of 14 CFR
39.17.
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
NPRM (77 FR 57539, September 18, 2012) for correcting the unsafe
condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 57539, September 18, 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 58 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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Inspection of chem-mill step 31 work-hours x None.............. $2,635, per $152,830, per
locations. $85 per hour = inspection cycle. inspection cycle.
$2,635, per
inspection cycle.
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We have received no definitive data that would enable us to provide
cost estimates 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
irective (AD):
2013-08-11 The Boeing Company: Amendment 39-17428; Docket No. FAA-
2012-0935; Directorate Identifier 2011-NM-256-AD.
(a) Effective Date
This AD is effective May 30, 2013.
(b) Affected ADs
None.
(c) Applicability
(1) This AD applies to The Boeing Company Model 737-900 and -
900ER series airplanes, certificated in any category, as identified
in Boeing Service Bulletin 737-53-1312, dated October 21, 2011, as
revised by Boeing Service Bulletin 737-53-1312, Revision 1, dated
March 14, 2012.
(2) Installation of Supplemental Type Certificate (STC)
ST00830SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/408E012E008616A7862578880060456C?OpenDocument&Highlight=st00830se)
does not affect the ability to accomplish the actions required by
this AD. Therefore, for airplanes on which STC ST00830SE is
installed, a ``change in product'' alternative method of compliance
(AMOC) approval request is not necessary to comply with the
requirements of 14 CFR 39.17.
(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 early fatigue cracks at chem-
mill areas on the crown skin panels. We are issuing this AD to
detect and correct fatigue cracking of the skin panel at the
specified chem-mill step locations, which could result in rapid
decompression of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Inspections of Crown Skin Areas
At the applicable time specified in paragraph 1.E.,
``Compliance,'' of Boeing Service Bulletin 737-53-1312, dated
October
[[Page 24340]]
21, 2011, as revised by Boeing Service Bulletin 737-53-1312,
Revision 1, dated March 14, 2012, except as required by paragraph
(k) of this AD: Do an external detailed inspection and an external
nondestructive inspection (a medium frequency eddy current (MFEC),
magneto optic imager (MOI), C-scan, or ultrasonic phased array
(UTPA) inspection) for cracking in the fuselage skin along the chem-
mill steps at certain locations specified in, and in accordance
with, the Accomplishment Instructions of Boeing Service Bulletin
737-53-1312, dated October 21, 2011, as revised by Boeing Service
Bulletin 737-53-1312, Revision 1, dated March 14, 2012. Repeat the
inspections thereafter at the applicable times specified in
paragraph 1.E., ``Compliance,'' of Boeing Service Bulletin 737-53-
1312, dated October 21, 2011, as revised by Boeing Service Bulletin
737-53-1312, Revision 1, dated March 14, 2012.
(h) Inspections of Shear Wrinkle Areas
For Group 1 airplanes as identified in Boeing Service Bulletin
737-53-1312, dated October 21, 2011, as revised by Boeing Service
Bulletin 737-53-1312, Revision 1, dated March 14, 2012: At the
applicable time specified in paragraph 1.E., ``Compliance,'' of
Boeing Service Bulletin 737-53-1312, dated October 21, 2011, as
revised by Boeing Service Bulletin 737-53-1312, Revision 1, dated
March 14, 2012, except as required by paragraph (k) of this AD, do
an external detailed inspection and an external nondestructive
inspection (MFEC, MOI, C-scan, or UTPA) for cracking in the fuselage
skin along the chem-mill steps at certain shear wrinkle locations
specified in, and in accordance with, the Accomplishment
Instructions of Boeing Service Bulletin 737-53-1312, dated October
21, 2011, as revised by Boeing Service Bulletin 737-53-1312,
Revision 1, dated March 14, 2012. Repeat the inspections thereafter
at the applicable times specified in paragraph 1.E., ``Compliance,''
of Boeing Service Bulletin 737-53-1312, dated October 21, 2011, as
revised by Boeing Service Bulletin 737-53-1312, Revision 1, dated
March 14, 2012.
(i) Repair
If any cracking is found during any inspection required by
either paragraph (g) or (h) of this AD, before further flight,
repair the cracking using a method approved in accordance with the
procedures specified in paragraph (m) of this AD. Accomplishing the
repair approved in accordance with the procedures specified in
paragraph (m) of this AD terminates the repetitive inspection
requirement for that area under the repair only.
(j) Optional Terminating Modification
Modification of an inspection area specified in paragraph (g) of
this AD, including doing an external detailed inspection and an
external nondestructive inspection (MFEC, MOI, C-scan, or UTPA) for
cracking of the area to be modified, and a high frequency eddy
current inspection of all existing holes for cracking as applicable,
in accordance with the Accomplishment Instructions of Boeing Service
Bulletin 737-53-1312, dated October 21, 2011, as revised by Boeing
Service Bulletin 737-53-1312, Revision 1, dated March 14, 2012,
terminates the repetitive inspections required by paragraph (g) of
this AD for that modified area only. If any cracking is found during
any inspection described by this paragraph, before further flight,
repair the cracking using a method approved in accordance with the
procedures specified in paragraph (m) of this AD.
(k) Service Bulletin Exception
Boeing Service Bulletin 737-53-1312, dated October 21, 2011, as
revised by Boeing Service Bulletin 737-53-1312, Revision 1, dated
March 14, 2012, specifies compliance times ``after the original
issue date of this service bulletin.'' However, this AD requires
compliance within the specified compliance times ``after the
effective date of this AD.''
(l) Post-Modification Inspections
The post-modification inspections specified in Tables 3 and 4 of
paragraph 1.E., ``Compliance,'' of Boeing Service Bulletin 737-53-
1312, dated October 21, 2011, as revised by Boeing Service Bulletin
737-53-1312, Revision 1, dated March 14, 2012, are not required by
this AD.
Note 1 to paragraph (l) of this AD: The damage tolerance
inspections specified in Tables 3 and 4 of paragraph 1.E.,
``Compliance,'' of Boeing Service Bulletin 737-53-1312, dated
October 21, 2011, as revised by Boeing Service Bulletin 737-53-1312,
Revision 1, dated March 14, 2012, 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 5 of the
Accomplishment Instructions and corresponding figures of Boeing
Service Bulletin 737-53-1312, dated October 21, 2011, as revised by
Boeing Service Bulletin 737-53-1312, Revision 1, dated March 14,
2012, are not required by this AD.
(m) 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 appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
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.
(n) Related Information
For more information about this AD, contact Wayne Lockett,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356;
phone: (425) 917-6447; fax: (425) 917-6590; email:
[email protected].
(o) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Boeing Service Bulletin 737-53-1312, dated October 21, 2011.
(ii) Boeing Service Bulletin 737-53-1312, Revision 1, dated
March 14, 2012.
(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 view this service information at 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 view this 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 April 4, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-08996 Filed 4-24-13; 8:45 am]
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