[Federal Register Volume 73, Number 221 (Friday, November 14, 2008)]
[Rules and Regulations]
[Pages 67383-67385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25893]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1147; Directorate Identifier 2008-NM-128-AD; 
Amendment 39-15719; AD 2008-13-12 R1]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 737-100, -200, -200C, -
300, -400, and -500 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 revising an existing airworthiness directive (AD) 
that applies to certain Boeing Model 737-100, -200, -200C, -300, -400, 
and -500 series airplanes. That AD currently requires various 
repetitive inspections for cracking of the upper frame to side frame 
splice of the fuselage, and other specified and corrective actions if 
necessary. That AD also provides for an optional preventive 
modification, which terminates the repetitive inspections. This new AD 
adds an optional terminating action that was inadvertently omitted from 
that AD. This AD results from a report that the upper frame of the 
fuselage was severed between stringers S-13L and S-14L at station 747, 
and the adjacent frame at station 767 had a 1.3-inch-long crack at the 
same stringer location. We are issuing this AD to detect and correct 
fatigue cracking of the upper frame to side frame splice of the 
fuselage, which could result in reduced structural integrity of the 
frame and adjacent lap joint. This reduced structural integrity can 
increase loading in the fuselage skin, which will accelerate skin crack 
growth and result in decompression of the airplane.

DATES: Effective December 1, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 1, 
2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD on August 
12, 2008 (73 FR 38905, July 8, 2008).
    We must receive comments on this AD by January 13, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    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 [email protected]; 
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 street address for 
the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

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

    On June 12, 2008, we issued AD 2008-13-12, amendment 39-15575 (73 
FR 38905, July 8, 2008), for certain Boeing Model 737-100, -200, -200C, 
-300, -400, and -500 series airplanes. That AD requires various 
repetitive inspections for cracking of the upper frame to side frame 
splice of the fuselage, and other specified and corrective actions if 
necessary. That AD also provides for an optional preventive 
modification, which terminates the repetitive inspections. That AD 
resulted from a report that the upper frame of the fuselage was severed 
between stringers S-13L and S-14L at station 747, and the adjacent 
frame at station 767 had a 1.3-inch-long crack at the same stringer 
location. We issued that AD to detect and correct fatigue cracking of 
the upper frame to side frame splice of the fuselage, which could 
result in reduced structural integrity of the frame and adjacent lap 
joint. This reduced structural integrity can increase loading in the 
fuselage skin, which will accelerate skin crack growth and result in 
decompression of the airplane.

Actions Since Existing AD Was Issued

    Since we issued AD 2008-13-12, we have determined that we 
inadvertently omitted paragraph (j)(3) from that AD. Paragraph (j)(3) 
provided operators with a third option for doing an optional 
terminating action, which terminates the repetitive inspections 
required by paragraph (f) of the existing AD.

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 revise AD 2008-13-12. This new AD retains the 
requirements of the existing AD. This AD also adds an optional 
terminating action inadvertently omitted from the existing AD.

Costs of Compliance

    There are about 1,509 airplanes of the affected design in the 
worldwide fleet. This AD continues to affect about 524 airplanes of 
U.S. registry. The inspections currently required by AD 2008-13-12 and 
retained in this AD take between 18 and 38 work hours per airplane, 
depending on airplane configuration. The average labor rate is $80 per 
work hour. Based on these figures, the estimated cost of the currently 
required inspections required by this AD for U.S. operators is between

[[Page 67384]]

$754,560 and $1,592,960, or $1,440 and $3,040 per airplane, per 
inspection cycle.

FAA's Justification and Determination of the Effective Date

    The omitted paragraph was previously published in the NPRM for the 
existing AD and affected operators had the opportunity to comment on 
that action at that time. Therefore, we have determined that notice and 
opportunity for public comment before issuing this AD are unnecessary 
and that good cause exists for making this amendment effective in less 
than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments before it becomes effective. However, we invite 
you to send any written data, views, or arguments about this AD. Send 
your comments to an address listed under the ADDRESSES section. Include 
``Docket No. FAA-2008-15719; Directorate Identifier 2008-NM-128-AD'' at 
the beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of this 
AD. We will consider all comments received by the closing date and may 
amend this AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about 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

    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 
removing amendment 39-15575 (73 FR 38905, July 8, 2008) and adding the 
following new airworthiness directive (AD):

2008-13-12 R1 Boeing: Amendment 39-15719. Docket No. FAA-2008-1147; 
Directorate Identifier 2008-NM-128-AD.

Effective Date

    (a) This AD becomes effective December 1, 2008.

Affected ADs

    (b) This AD revises AD 2008-13-12.

Applicability

    (c) This AD applies to Boeing Model 737-100, -200, -200C, -300, 
-400, and -500 series airplanes, certificated in any category; as 
identified in Boeing Alert Service Bulletin 737-53A1261, dated 
January 19, 2006.

Unsafe Condition

    (d) This AD results from a report that the upper frame of the 
fuselage was severed between stringers S-13L and S-14L at station 
747, and the adjacent frame at station 767 had a 1.3-inch-long crack 
at the same stringer location. We are issuing this AD to detect and 
correct fatigue cracking of the upper frame to side frame splice of 
the fuselage, which could result in reduced structural integrity of 
the frame and adjacent lap joint. This reduced structural integrity 
can increase loading in the fuselage skin, which will accelerate 
skin crack growth and result in decompression of the airplane.

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.

Restatement of Requirements of AD 2008-13-12

Repetitive Inspections/Corrective Actions

    (f) At the applicable compliance time listed in paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 737-53A1261, 
including Appendices A through X inclusive, dated January 19, 2006; 
except as provided by paragraph (g) of this AD: Do the applicable 
inspections for cracking of the upper frame to side frame splice of 
the fuselage by doing all of the actions, as specified in the 
Accomplishment Instructions of the service bulletin; except as 
provided by paragraphs (h) and (i) of this AD. Do all applicable 
specified and corrective actions before further flight in accordance 
with the service bulletin. Repeat the applicable inspections 
thereafter at intervals not to exceed 6,000 flight cycles until the 
terminating action in paragraph (j) of this AD has been 
accomplished.
    (g) Where Boeing Alert Service Bulletin 737-53A1261, including 
Appendices A through X inclusive, dated January 19, 2006, specifies 
a compliance time relative to the date on the service bulletin, this 
AD requires compliance within the specified compliance time after 
August 12, 2008 (the effective date of AD 2008-13-12).
    (h) If any crack is found during any inspection required by this 
AD, and Boeing Alert Service Bulletin 737-53A1261, including 
Appendices A through X inclusive, dated January 19, 2006, specifies 
to contact Boeing for appropriate action: Before further flight, 
repair the crack in accordance with the procedures specified in 
paragraph (k) of this AD.
    (i) For airplanes on which a repair has been previously 
accomplished: If, during accomplishment of the corrective actions 
required by paragraph (f) of this AD, it is found that the repair 
was not done per the Boeing 737-100/200 Structural Repair Manual 
(SRM) 53-10-4, Figure 1; or the Boeing 737-300/400/500 SRM 53-00-07, 
Figure 201, Repair 1; as applicable; before further flight, repair 
in accordance with the procedures specified in paragraph (k) of this 
AD.

[[Page 67385]]

Optional Terminating Action

    (j) Accomplishing the actions specified in paragraph (j)(1), 
(j)(2), or (j)(3) of this AD, as applicable, terminates the 
repetitive inspections required by paragraph (f) of this AD for the 
repaired or modified frames only.
    (1) Accomplishment of the repair specified in Part 3, or the 
preventive modification specified in Part 4, of the Accomplishment 
Instructions of Boeing Alert Service Bulletin 737-53A1261, including 
Appendices A through X inclusive, dated January 19, 2006.
    (2) Accomplishment of the repair or the preventive modification 
specified in Boeing Message M-7200-02-01294, dated August 20, 2002.
    (3) Accomplishment of the repair or the preventive modification 
in accordance with a method approved by the Manager, Seattle 
Aircraft Certification Office (ACO).

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, Seattle ACO, FAA, ATTN: 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; has the 
authority to approve AMOCs for this AD, if requested using 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.

Material Incorporated by Reference

    (l) You must use Boeing Alert Service Bulletin 737-53A1261, 
dated January 19, 2006, to do the actions required by this AD, 
unless the AD specifies otherwise. If you do the optional 
terminating actions specified in this AD, you must use Boeing 
Message M-7200-02-01294, dated August 20, 2002; or Boeing Alert 
Service Bulletin 737-53A1261, dated January 19, 2006; to do those 
optional actions, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of Boeing Message M-7200-02-01294, dated 
August 20, 2002, under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) On August 12, 2008 (73 FR 38905, July 8, 2008), the Director 
of the Federal Register approved the incorporation by reference of 
Boeing Alert Service Bulletin 737-53A1261, dated January 19, 2006.
    (3) 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 
[email protected]; Internet https://www.myboeingfleet.com.
    (4) You may review copies of the service information 
incorporated by reference at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or 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 October 10, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-25893 Filed 11-13-08; 8:45 am]
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