[Federal Register Volume 74, Number 46 (Wednesday, March 11, 2009)]
[Rules and Regulations]
[Pages 10469-10471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4734]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0671; Directorate Identifier 2008-NM-017-AD; 
Amendment 39-15796; AD 2009-02-06]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 737-300, -400, and -500 
Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Boeing Model 737-300, -400, and -500 series airplanes. This AD requires 
repetitive high frequency eddy current inspections for cracking of the 
1.04-inch nominal diameter wire penetration hole in the frame and frame 
reinforcement, between stringers S-20 and S-21, on both the left and 
right sides of the airplane, and related investigative and corrective 
actions if necessary. This AD results from reports of cracking in the 
frame, or in the frame and frame reinforcement, common to the 1.04-inch 
nominal diameter wire penetration hole intended for wire routing. We 
are issuing this AD to detect and correct cracking in the fuselage 
frames and frame reinforcements, which could reduce the structural 
capability of the frames to sustain limit loads, and result in cracking 
in the fuselage skin and subsequent rapid depressurization of the 
airplane.

DATES: This AD is effective April 15, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 15, 
2009.

[[Page 10470]]


ADDRESSES: 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; 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 address for the 
Docket Office (telephone 800-647-5527) is the 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; telephone (425) 
917-6447; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an airworthiness directive (AD) that would apply to 
certain Boeing Model 737-300, -400, and -500 series airplanes. That 
NPRM was published in the Federal Register on June 24, 2008 (73 FR 
35598). That NPRM proposed to require repetitive high frequency eddy 
current (HFEC) inspections for cracking of the 1.04-inch nominal 
diameter wire penetration hole in the frame and frame reinforcement, 
between stringers S-20 and S-21, on both the left and right sides of 
the airplane, and related investigative and corrective actions if 
necessary.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received from the single commenter.

Request To Revise Paragraph (h) To Correct References to Parts of the 
Service Bulletin

    KLM Royal Dutch Airlines (KLM) requests that we revise paragraph 
(h) of the NPRM to correct the references to certain parts of Boeing 
Alert Service Bulletin 737-53A1279, dated December 18, 2007 (``the 
service bulletin''), for doing certain actions. KLM points out that 
paragraph (h) of the NPRM refers to Part 3 of the service bulletin for 
doing the repair and to Part 4 of the service bulletin for doing the 
preventative modification. KLM further points out that Part 4 of the 
service bulletin concerns repeat inspections, not the preventative 
modification. The preventative modification is provided in Part 5 of 
the service bulletin.
    We agree with the commenter. It was our intention to refer to Part 
5 of the service bulletin for doing the preventative modification 
provided in paragraph (h) of the NPRM. Therefore, we have revised 
paragraph (h) of this AD to refer to Part 5 of the service bulletin for 
doing the preventative modification.

Request To Revise Paragraph (e) To Clarify Compliance Times

    KLM requests that we revise paragraph (e) of the NPRM to refer to 
paragraph 1.E., ``Compliance,'' of the service bulletin. KLM asserts 
that adding a reference to the location of the compliance times in the 
service bulletin would be helpful.
    We do not agree to revise paragraph (e) of this AD. A reference to 
paragraph 1.E., ``Compliance,'' of Boeing Service Bulletin 737-53A1279, 
dated December 18, 2007, is already provided in paragraph (g) of this 
AD.

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 change described previously. We also determined that 
this change 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 616 airplanes of U.S. registry. 
The following table provides the estimated costs for U.S. operators to 
comply with this AD. The average labor rate is $80 per work hour.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Number of
                                                                                      U.S.-
             Action                  Work hours        Parts    Cost per  product  registered      Fleet cost
                                                                                    airplanes
----------------------------------------------------------------------------------------------------------------
Inspection.....................  Between 6 and 8            $0  Between $480 and          616  Between $295,680
                                  (depending on                  $640, per                      and $394,240,
                                  airplane                       inspection cycle.              per inspection
                                  configuration),                                               cycle.
                                  per inspection
                                  cycle.
----------------------------------------------------------------------------------------------------------------

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), and

[[Page 10471]]

    (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.
    You can find our regulatory evaluation and the estimated costs of 
compliance in the AD Docket.

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 FAA amends Sec.  39.13 by adding the following new AD:

2009-02-06 Boeing: Amendment 39-15796. Docket No. FAA-2008-0671; 
Directorate Identifier 2008-NM-017-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective April 15, 
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 737-300, -400, and -500 
series airplanes, certificated in any category; as identified in 
Boeing Alert Service Bulletin 737-53A1279, dated December 18, 2007.

Unsafe Condition

    (d) This AD results from reports of cracking in the frame, or in 
the frame and frame reinforcement, common to the 1.04-inch nominal 
diameter wire penetration hole intended for wire routing. We are 
issuing this AD to detect and correct cracking in the fuselage 
frames and frame reinforcements, which could reduce the structural 
capability of the frames to sustain limit loads, and result in 
cracking in the fuselage skin and subsequent rapid depressurization 
of the airplane.

Compliance

    (e) Comply with this AD within the compliance times specified, 
unless already done.

Service Bulletin Reference Paragraph

    (f) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
53A1279, dated December 18, 2007.
    (1) The ``condition'' column of paragraph 1.E. of Boeing Alert 
Service Bulletin 737-53A1279, dated December 18, 2007, refers to 
total flight cycles ``at the date given on this service bulletin.'' 
This AD applies to the airplanes with the specified total flight 
cycles as of the effective date of this AD.
    (2) Where the service bulletin specifies to contact Boeing for 
instructions for removing damage and repairing cracking: Before 
further flight, remove the damage or repair the cracking using a 
method approved in accordance with the procedures specified in 
paragraph (i) of this AD.
    (3) Although the service bulletin referenced in this AD 
specifies to submit information to the manufacturer, this AD does 
not include that requirement.

Inspections, Related Investigative and Corrective Actions

    (g) At the applicable time specified in paragraph 1.E., 
``Compliance,'' of the service bulletin, except as specified by 
paragraph (f)(1) of this AD: Do a high frequency eddy current (HFEC) 
surface inspection or an HFEC hole/edge inspection for cracking of 
the 1.04-inch nominal diameter wire penetration hole in the frame 
and frame reinforcement, between stringer S-20 and S-21; and do all 
applicable related investigative and corrective actions; by 
accomplishing all the actions specified in the Accomplishment 
Instructions of the service bulletin, except as specified by 
paragraphs (f)(2) and (f)(3) of this AD. Do all applicable related 
investigative and corrective actions before further flight. 
Thereafter, repeat the inspections at the applicable intervals 
specified in paragraph 1.E. of the service bulletin.

Terminating Action

    (h) Doing the repair in Part 3 or the preventative modification 
in Part 5 of the service bulletin terminates the repetitive 
inspection requirements of this AD.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, ATTN: Wayne Lockett, Aerospace Engineer, Airframe Branch, ANM-
120S, 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

    (j) You must use Boeing Alert Service Bulletin 737-53A1279, 
dated December 18, 2007, to do the actions required by this AD, 
unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (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; e-mail 
[email protected]; Internet https://www.myboeingfleet.com.
    (3) You may review copies of the service information 
incorporated by reference 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 or 425-227-1152.
    (4) You may also review copies of the service information 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 January 9, 2009.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. E9-4734 Filed 3-10-09; 8:45 am]
BILLING CODE 4910-13-P