[Federal Register Volume 68, Number 222 (Tuesday, November 18, 2003)]
[Rules and Regulations]
[Pages 64980-64982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28492]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-150-AD; Amendment 39-13367; AD 2003-23-03]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 737-100, -200, and -200C 
Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to certain Boeing Model 737-100, -200, and -200C 
series airplanes, that currently requires repetitive inspections to 
detect discrepancies in the upper and lower skins of the fuselage lap 
joint, and repair if necessary. This amendment adds new inspections, 
reduces the repetitive inspection intervals for certain airplanes, and 
mandates a terminating modification. The actions specified by this AD 
are intended to detect and correct discrepancies in the upper and lower 
skins of the fuselage lap joint and circumferential joint, which could 
result in sudden fracture and failure of a lap joint or circumferential 
joint and rapid decompression of the airplane fuselage. This action is 
intended to address the identified unsafe condition.

DATES: Effective December 23, 2003.
    The incorporation by reference of Boeing Alert Service Bulletin 
737-53A1224, Revision 1, dated March 14, 2002, as listed in the 
regulations, is approved by the Director of the Federal Register as of 
December 23, 2003.
    The incorporation by reference of Boeing Alert Service Bulletin 
737-53A1224, dated August 17, 2000, as listed in the regulations, was 
approved previously by the Director of the Federal Register as of 
September 11, 2000 (65 FR 51750, August 25, 2000).

ADDRESSES: The service information referenced in this AD may be 
obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, 
Washington 98124-2207. This information may be examined at the Federal 
Aviation Administration (FAA), Transport Airplane Directorate, Rules 
Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of 
the Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC.

FOR FURTHER INFORMATION CONTACT: Suzanne Lucier, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
917-6438; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding AD 2000-17-04, 
amendment 39-11878 (65 FR 51750, August 25, 2000), which is applicable 
to certain Boeing Model 737-100, -200, and -200C series airplanes, was 
published in the Federal Register on July 21, 2003 (68 FR 43045). The 
action proposed to require repetitive inspections to detect 
discrepancies in the upper and lower skins of the fuselage lap joint, 
and repair if necessary. The action proposed adding new inspections, 
reducing the repetitive inspection intervals for certain airplanes, and 
mandating a terminating modification.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal or the FAA's determination of the cost to the public.

Conclusion

    The FAA has determined that air safety and the public interest 
require the adoption of the rule as proposed.

Change to Labor Rate Estimate

    We have reviewed the figures we have used over the past several 
years to calculate AD costs to operators. To account for various 
inflationary costs in the airline industry, we find it necessary to 
increase the labor rate used in these calculations from $60 per work 
hour to $65 per work hour. The cost impact information, below, reflects 
this increase in the specified hourly labor rate.

Cost Impact

    There are approximately 291 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 60 airplanes of U.S. registry 
will be affected by this AD.
    The inspections that are currently required by AD 2000-17-04 take 
approximately 575 work hours per airplane to accomplish, at an average 
labor rate of $65 per work hour. Based on these figures, the cost 
impact of the currently required inspections on U.S. operators is 
estimated to be $2,242,500, or $37,375 per airplane.
    The new inspections that are required by this new AD will take 
approximately 341 work hours per airplane to accomplish, at an average 
labor rate of $65 per work hour. Based on these figures, the cost 
impact of the new inspections of this AD on U.S. operators is estimated 
to be $1,329,900, or $22,165 per airplane.
    The terminating modification that is required by this new AD will 
take approximately 15,000 work hours per airplane to accomplish, at an 
average labor rate of $65 per work hour. Based on these figures, the 
cost impact of the modification of this AD on U.S. operators is 
estimated to be $58,500,000, or $975,000 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the requirements of this 
AD action, and that no operator would accomplish those actions in the 
future if this AD were not adopted. The cost impact figures discussed 
in AD rulemaking actions represent only the time necessary to perform 
the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not

[[Page 64981]]

have federalism implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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. Section 39.13 is amended by removing amendment 39-11878 (65 FR 
51750, August 25, 2000), and by adding a new airworthiness directive 
(AD), amendment 39-13367, to read as follows:

2003-23-03 Boeing: Amendment 39-13367. Docket 2002-NM-150-AD. 
Supersedes AD 2000-17-04, Amendment 39-11878.

    Applicability: Model 737-100, -200, and -200C series airplanes; 
line numbers 1 through 291 inclusive; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To detect and correct discrepancies in the upper and lower skins 
of the fuselage lap joint and circumferential joint, which could 
result in sudden fracture and failure of a lap joint or 
circumferential joint and rapid decompression of the airplane 
fuselage, accomplish the following:

Requirements of AD 2000-17-04, Amendment 39-11878

Initial and Repetitive Inspections

    (a) Perform the applicable (initial and repetitive) inspections 
as specified in Figures 1 through 4 of the Accomplishment 
Instructions of Boeing Alert Service Bulletin 737-53A1224, dated 
August 17, 2000, to detect discrepancies (i.e., cracks, pillowing, 
corrosion, delamination, or loose or missing fasteners) in the upper 
and lower skins of the fuselage lap joint. Perform the inspections 
at the applicable times specified in Tables 1 and 2 of section 1.E. 
`Compliance' of the alert service bulletin, in accordance with the 
alert service bulletin; except that where Table 1 specifies a 
compliance time of ``airplane flight cycles at time of service 
bulletin release,'' this AD requires a compliance time of ``airplane 
flight cycles as of September 11, 2000 (the effective date of AD 
2000-17-04, amendment 39-11878).''

Repair

    (b) Prior to further flight: Repair any discrepancies detected 
during any inspection required by paragraph (a) of this AD in 
accordance with Boeing Alert Service Bulletin 737-53A1224, dated 
August 17, 2000; repair any discrepancies detected during any 
inspection required by paragraph (c) of this AD in accordance with 
Boeing Alert Service Bulletin 737-53A1224, Revision 1, dated March 
14, 2002. If any discrepancy is detected and the alert service 
bulletin specifies that the manufacturer may be contacted for 
disposition of certain repairs, prior to further flight, repair in 
accordance with a method approved by the Manager, Seattle Aircraft 
Certification Office (ACO), FAA; or in accordance with data meeting 
the type certification basis of the airplane approved by a Boeing 
Company Designated Engineering Representative who has been 
authorized by the Manager, Seattle ACO, to make such findings.

New Requirements of This AD

Compliance Times

    (c) Where the compliance times in Section 1.E. `Compliance' of 
Boeing Alert Service Bulletin 737-53A1224, Revision 1, dated March 
14, 2002, specify a compliance time interval calculated ``from 
release of service bulletin,'' this AD requires compliance within 
the interval specified in the service bulletin ``after the effective 
date of this AD.'' In addition, where the compliance time for the 
initial and repetitive inspections in Tables 1 through 3 of section 
1.E. `Compliance' of the service bulletin specifies ``airplane 
flight cycles at time of service bulletin release,'' this AD 
requires a compliance time of ``airplane flight cycles as of the 
effective date of this AD.''

Initial and Repetitive Inspections

    (d) Except as provided by paragraph (e) of this AD: Perform the 
applicable (initial and repetitive) inspections as specified in 
Figures 1 through 9 of the Accomplishment Instructions of Boeing 
Alert Service Bulletin 737-53A1224, Revision 1, dated March 14, 
2002, to detect discrepancies (i.e., cracks, pillowing, corrosion, 
delamination, or loose or missing fasteners) in the upper and lower 
skins of the fuselage lap joint and circumferential joint. Perform 
the inspections at the applicable times specified in Tables 1 and 2 
of section 1.E. ``Compliance'' of the alert service bulletin, in 
accordance with the alert service bulletin, until accomplishment of 
paragraph (f) of this AD. Accomplishment of this paragraph 
terminates the inspections required by paragraph (a) of this AD.
    (e) For airplanes that have accumulated more than 70,000 total 
flight cycles as of the effective date of this AD: Do the first 
repeat inspection at the earlier of the times specified in paragraph 
(e)(1) or (e)(2) of this AD, and repeat the inspection thereafter at 
intervals not to exceed 1,000 flight cycles.
    (1) Within 2,000 flight cycles after the last inspection done 
per AD 2000-17-04.
    (2) Within 1,000 flight cycles after the last inspection done 
per AD 2000-17-04, or within 500 flight cycles after the effective 
date of this AD, whichever is later.

Terminating Modification

    (f) Perform the modification of the skin of all fuselage lap 
joints between body stations 259.5 and 1016 per part IV of the Work 
Instructions of Boeing Alert Service Bulletin 737-53A1224, Revision 
1, dated March 14, 2002; at the applicable times specified in Table 
3 of section 1.E. ``Compliance'' of the alert service bulletin; in 
accordance with the alert service bulletin. Accomplishment of this 
paragraph terminates the repetitive inspection requirements of this 
AD.

Alternative Methods of Compliance

    (g)(1) In accordance with 14 CFR 39.19, the Manager, Seattle 
ACO, is authorized to approve alternative methods of compliance 
(AMOC) for this AD.
    (2) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD, if it is approved by a 
Boeing Company Designated Engineering Representative who has been 
authorized by the Manager, Seattle ACO, to make such findings.

Incorporation by Reference

    (h) Unless otherwise specified by this AD, the actions shall be 
done in accordance with Boeing Alert Service Bulletin 737-53A1224, 
dated August 17, 2000; and Boeing Alert Service Bulletin 737-
53A1224, Revision 1, dated March 14, 2002; as applicable.
    (1) The incorporation by reference of Boeing Alert Service 
Bulletin 737-53A1224, Revision 1, dated March 14, 2002, is approved 
by the Director of the Federal Register in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51.
    (2) The incorporation by reference of Boeing Alert Service 
Bulletin 737-53A1224, dated August 17, 2000, was approved previously 
by the Director of the Federal Register as of September 11, 2000 (65 
FR 51750, August 25, 2000).
    (3) Copies may be obtained from Boeing Commercial Airplane 
Group, P.O. Box 3707, Seattle, Washington 98124-2207. Copies may be 
inspected at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington; or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

Effective Date

    (i) This amendment becomes effective on December 23, 2003.


[[Page 64982]]


    Issues in Renton, Washington, on November 7, 2003.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-28492 Filed 11-17-03; 8:45 am]
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