[Federal Register Volume 74, Number 172 (Tuesday, September 8, 2009)]
[Rules and Regulations]
[Pages 45979-45981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21311]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0787; Directorate Identifier 2009-NM-090-AD; 
Amendment 39-16015; AD 2009-02-06 R1]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are revising an existing airworthiness directive (AD) that 
applies to certain Boeing Model 737-300, -400, and -500 series 
airplanes. That AD currently 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 new AD clarifies certain compliance requirements. 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 September 23, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of April 15, 
2009 (74 FR 10469, March 11, 2009).
    We must receive comments on this AD by November 9, 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, 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 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 January 9, 2009, we issued AD 2009-02-06, amendment 39-15796 (74 
FR 10469, March 11, 2009), for certain Boeing Model 737-300, -400, and 
-500 series airplanes. That 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. That AD resulted 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 issued 
that 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.

Actions Since Existing AD Was Issued

    Since we issued AD 2009-02-06, January 9, 2009, amendment 39-15796 
(74 FR 10469, March 11, 2009), we have determined that we need to 
clarify certain compliance requirements in the existing AD, as follows:

[[Page 45980]]

     We have inserted a new paragraph (g)(1) in this AD to 
state that while the service bulletin specifies compliance times in 
terms of the ``date on this service bulletin,'' this AD requires 
compliance within the specified compliance time ``after the effective 
date of this AD.'' This paragraph appeared in the original NPRM, but 
was inadvertently removed from AD 2009-02-06.
     We removed the reference to the ``Accomplishment 
Instructions'' of Boeing Alert Service Bulletin 737-53A1279, dated 
December 18, 2007, from paragraph (g) of this AD. Paragraphs (g)(1) 
through (g)(4) of this AD do not all refer to text located in the 
service bulletin Accomplishment Instructions.
     We added a reference to the Accomplishment Instructions of 
Boeing Alert Service Bulletin 737-53A1279, dated December 18, 2007, to 
paragraph (i) of this AD to provide the locations of ``Part 3'' and 
``Part 5,'' as referenced in that paragraph of the AD.

Changes to Existing AD

    This AD retains all the requirements of AD 2009-02-06. Since AD 
2009-02-06 was issued, the AD format has been revised, and certain 
paragraphs have been rearranged. As a result, the corresponding 
paragraph identifiers have changed in this AD, as listed in the 
following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                           Corresponding requirement in
     Requirement in AD  2009-02-06                   this AD
------------------------------------------------------------------------
Paragraph (d)..........................  Paragraph (e).
Paragraph (e)..........................  Paragraph (f).
Paragraph (f)..........................  Paragraph (g).
Paragraph (g)..........................  Paragraph (h).
Paragraph (h)..........................  Paragraph (i).
Paragraph (i)..........................  Paragraph (j).
Paragraph (j)..........................  Paragraph (k).
------------------------------------------------------------------------

FAA's Determination and Requirements of This AD

    We are issuing this AD because the unsafe condition described 
previously is likely to exist or develop on other products of these 
same type designs that could be registered in the United States in the 
future. This AD revises AD 2009-02-06. This AD retains the requirements 
of the existing AD and clarifies certain compliance requirements. Since 
no new airplanes are affected by this AD and there are no new required 
actions, notice and opportunity for public comment before issuing this 
AD are unnecessary.

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-2009-0787; Directorate Identifier 2009-NM-090-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

    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
    (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 removing amendment 39-15796 (74 FR 
10469, March 11, 2009) and adding the following new AD:

2009-02-06 R1 Boeing: Amendment 39-16015. Docket No. FAA-2009-0787; 
Directorate Identifier 2009-NM-090-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective September 23, 
2009.

Affected ADs

    (b) This AD revises AD 2009-02-06.

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.

Subject

    (d) Air Transport Association (ATA) of America Code 53: 
Fuselage.

Unsafe Condition

    (e) 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

    (f) You are responsible for having the actions required by this 
AD performed within

[[Page 45981]]

the compliance times specified, unless the actions have already been 
done.

Restatement of Requirements of AD 2009-02-06 With Clarifications of 
Compliance Requirements

Service Bulletin Reference Paragraph

    (g) The term ``service bulletin,'' as used in this AD, means 
Boeing Alert Service Bulletin 737-53A1279, dated December 18, 2007.
    (1) Where the service bulletin specifies a compliance time after 
the date on the service bulletin, this AD requires compliance within 
the specified compliance time after the effective date of this AD.
    (2) The ``Condition'' column of paragraph 1.E., ``Compliance,'' 
of Boeing Alert Service Bulletin 737-53A1279, dated December 18, 
2007, refers to total flight cycles ``at the date given on this 
service bulletin.'' However, this AD applies to the airplanes with 
the specified total flight cycles as of April 15, 2009 (the 
effective date of AD 2009-02-06).
    (3) 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 (j) of this AD.
    (4) 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 Actions, and Corrective Actions

    (h) At the applicable time specified in paragraph 1.E., 
``Compliance,'' of the service bulletin, except as specified by 
paragraph (g)(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 (g)(3) and (g)(4) 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., ``Compliance,'' of the service 
bulletin.

Terminating Action

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

Alternative Methods of Compliance (AMOCs)

    (j)(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. Send information to 
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. Or, e-mail information to [email protected].
    (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 principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.
    (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

    (k) 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 previously approved the 
incorporation by reference of Boeing Alert Service Bulletin 737-
53A1279, dated December 18, 2007, on April 15, 2009 (74 FR 10469, 
March 11, 2009).
    (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 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 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on August 26, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E9-21311 Filed 9-4-09; 8:45 am]
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