[Federal Register Volume 70, Number 233 (Tuesday, December 6, 2005)]
[Rules and Regulations]
[Pages 72595-72597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23601]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-23176; Directorate Identifier 2005-NM-220-AD; 
Amendment 39-14396; AD 2005-25-03]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 737-600, -700, -700C, and 
-800 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Boeing Model 737-600, -700, -700C, and -800 series airplanes. 
This AD requires replacing the point ``D'' splice fitting between 
windows number 1 and 2 with a new splice fitting, performing an eddy 
current inspection for cracking of the holes in the structure common to 
the new splice fitting, including doing any related investigative 
actions; and corrective actions if necessary. This AD results from 
full-scale fuselage fatigue testing on the splice fitting that failed 
prior to the design objective on Boeing Model 737-800 series airplanes, 
and a report of a cracked splice fitting on an operational airplane. We 
are issuing this AD to prevent cracking of the existing fitting that 
may result in cracking through the skin and consequent decompression of 
the flight cabin.

DATES: This AD becomes effective December 21, 2005.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of December 21, 
2005.
    We must receive comments on this AD by February 6, 2006.

ADDRESSES: Use one of the following addresses to submit comments on 
this AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207, for service information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Sue 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:

Discussion

    We have received a report indicating that during the Model 737-800 
series airplanes full-scale fuselage fatigue test, the splice fitting 
failed prior to the design service objective. Additionally, we have 
received a report indicating that a cracked splice fitting was found on 
an airplane with less than 13,500 total flight cycles. This condition, 
if not corrected, could result in cracking of the existing fitting that 
may cause cracking through the skin and consequent decompression of the 
flight cabin.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin (ASB) 737-53A1222, 
Revision 2, dated October 20, 2005. The ASB describes procedures for 
replacing the splice fitting between windows number 1 and 2, at point 
``D'' on the windowsill with a new splice fitting, and performing 
related investigative actions. Those investigative actions include 
performing an open hole eddy current inspection for cracking of the 
fastener holes, and a special detailed inspection for cracking of 12 
fasteners in the adjacent structure. The ASB also describes procedures 
for repetitive external detailed inspections of the skin near the six 
skin fasteners below the splice fitting. The ASB specifies that if 
cracking is detected, to contact Boeing for further instructions. 
Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition.

FAA's Determination and Requirements of This AD

    The unsafe condition described previously is likely to exist or 
develop on other airplanes of the same type design. For this reason, we 
are issuing this AD to prevent cracking of the existing fitting that 
may result in cracking through the skin and consequent decompression of 
the flight cabin. This AD requires accomplishing the actions specified 
in the service information described previously, except as discussed 
under ``Differences Between the AD and the ASB.''

Differences Between the AD and the ASB

    Where the ASB specifies contacting Boeing if any cracking is 
detected, this AD requires that, repair of any cracking be accomplished 
before further flight, in accordance with a method approved by the 
Manager, Seattle Aircraft Certification Office (ACO).
    Although the ASB specifies performing repetitive external detailed 
inspections of the skin near the six skin fasteners below the splice 
fitting, this AD does not require those inspections. These differences 
have been coordinated with the manufacturer.

Interim Action

    We consider this AD to be an interim action. We are currently 
considering requiring repetitive external detailed inspections for 
cracking of the skin near the six skin fasteners below the splice 
fitting. However the planned compliance time for accomplishing those 
inspections would necessitate allowing enough time to provide notice 
and opportunity for prior public comment on the merits of requiring 
those inspections.

[[Page 72596]]

Similar Models

    The splice fitting between windows number 1 and 2, at point ``D'' 
on the windowsill, on certain Boeing Model 737-600, -700, -700C series 
airplanes is identical to the splice fitting on the affected Model 737-
800 series airplanes. Therefore, all of these models may be subject to 
the same unsafe condition.

FAA's Determination of the Effective Date

    Since an unsafe condition exists that requires the immediate 
adoption of this AD, we have found that notice and opportunity for 
public comment before issuing this AD are impracticable, and that good 
cause exists to make this AD effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any relevant written 
data, views, or arguments regarding this AD. Send your comments to an 
address listed in the ADDRESSES section. Include ``Docket No. FAA-2005-
23176; Directorate Identifier 2005-NM-220-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD that might 
suggest a need to modify it.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this AD. Using the search function of that Web 
site, anyone can find and read the comments in any of our dockets, 
including the name of the individual who sent the comment (or signed 
the comment on behalf of an association, business, labor union, etc.). 
You may review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78), or you may visit 
http://dms.dot.gov.

Examining the Dockets

    You may examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the Docket Management System 
receives them.

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 the regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the 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):

2005-25-03 Boeing: Amendment 39-14396. Docket No. FAA-2005-23176; 
Directorate Identifier 2005-NM-220-AD.

Effective Date

    (a) This AD becomes effective December 21, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 737-600, -700, -700C, and -
800 series airplanes, certificated in any category; as identified in 
Boeing Alert Service Bulletin (ASB) 737-53A1222, Revision 2, dated 
October 20, 2005.

Unsafe Condition

    (d) This AD results from full-scale fuselage fatigue testing on 
the splice fitting that failed prior to the design objective on 
Boeing Model 737-800 series airplanes, and a report of a cracked 
splice fitting on an operational airplane. We are issuing this AD to 
prevent cracking of the existing fitting that may result in cracking 
through the skin and consequent decompression of the flight cabin.

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.

Replacing the Splice Fittings

    (f) Replace the splice fittings with new splice fittings in 
accordance with the Accomplishment Instructions of Boeing ASB 737-
53A1222, Revision 2, dated October 20, 2005, at the times specified 
in paragraph (f)(1) or (f)(2) of this AD, as applicable. Before 
further flight, do any related investigative actions by 
accomplishing all the applicable actions specified in the 
Accomplishment Instructions.
    (1) For airplanes that have accumulated less than 13,500 total 
flight cycles as of the effective date of this AD: Replace prior to 
the accumulation of 13,500 total flight cycles, or within 1,000 
flight cycles after the effective date of this AD, whichever occurs 
later.
    (2) For airplanes that have accumulated 13,500 or more total 
flight cycles as of the effective date of this AD: Replace at the 
later of the times specified in paragraphs (f)(2)(i) and (f)(2)(ii) 
of this AD.
    (i) Prior the accumulation of 18,000 total flight cycles, or 
within 1,000 flight cycles after the effective date of this AD, 
whichever occurs first.
    (ii) Within 90 days after the effective date of this AD.

[[Page 72597]]

Corrective Actions

    (g) If any cracking is found during any inspection required by 
this AD, prior to further flight, repair in accordance with a method 
approved by the Manager, Seattle Aircraft Certification Office 
(ACO), FAA, or with a method approved in accordance with the 
procedures specified in paragraph (i) of this AD.

Acceptable Method of Compliance

    (h) Replacing the splice fitting before the effective date of 
this AD in accordance with Boeing Service Bulletin 737-53-1222, 
dated June 6, 2002; or Boeing ASB 737-53A1222, Revision 1, dated 
January 30, 2003, is acceptable for compliance with the requirements 
of paragraph (f) of this AD.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, Seattle ACO, FAA, has the authority to 
approve AMOCs for this AD, if requested in accordance with the 
procedures found in 14 CFR 39.19.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
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 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.

Material Incorporated by Reference

    (j) You must use Boeing Alert Service Bulletin 737-53A1222, 
Revision 2, dated October 20, 2005, 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. 
Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207, for a copy of this service information. You 
may review copies at the Docket Management Facility, U.S. Department 
of Transportation, 400 Seventh Street, SW., room PL-401, Nassif 
Building, Washington, DC; on the Internet at http://dms.dot.gov; or 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at the 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 November 25, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-23601 Filed 12-5-05; 8:45 am]
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