[Federal Register Volume 74, Number 196 (Tuesday, October 13, 2009)]
[Rules and Regulations]
[Pages 52395-52398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23877]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0429; Directorate Identifier 2007-NM-059-AD; 
Amendment 39-16038; AD 2009-21-01]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Boeing Model 737-300 and 737-400 series airplanes. This AD requires 
repetitive inspections to detect cracking of the aft fuselage skin, and 
related investigative/corrective actions if necessary. This AD results 
from reports of cracks in the aft fuselage skin on both sides of the 
airplane. We are issuing this AD to detect and correct cracking in the 
aft fuselage skin along the longitudinal edges of the bonded skin 
doubler, which could result in reduced structural integrity of the 
airplane.

DATES: This AD is effective November 17, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of November 17, 
2009.

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:[sol][sol]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 and 737-400 series airplanes. That NPRM 
was published in the Federal Register on May 7, 2009 (74 FR 21278). 
That NPRM proposed to require repetitive inspections to detect cracking 
of the aft fuselage skin, and related investigative/corrective actions 
if necessary.

Comments

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

Support for the AD

    Boeing concurs with the content of the NPRM.

Request To Allow Use of Previous Service Information

    Southwest Airlines requests that skin panel replacements 
accomplished in accordance with Part 3 of Boeing Service Bulletin 737-
53-1168, Revision 1, dated August 17, 1995; and Revision 2, dated 
November 27, 1996; also be considered as terminating action for the 
inspections specified in paragraph (g) of the NPRM. (We referred to 
Boeing Service Bulletin 737-53-1168, Revision 3, dated November 28, 
2006, as the appropriate source of service information for 
accomplishing the actions specified in paragraph (g) of the NPRM for 
Model 737-300 series airplanes.)
    We agree. We have reviewed the following service bulletins and have 
determined that these documents are also acceptable for terminating the 
inspections specified in paragraph (g) of this AD. Therefore, we have 
revised paragraph (j) of this AD to include these additional documents. 
Also, for easier

[[Page 52396]]

readability, we have added a table in paragraph (j) of this AD to 
specify the acceptable service documents.

  Table--Acceptable Service Information for Optional Terminating Action
------------------------------------------------------------------------
            Model                               Document
------------------------------------------------------------------------
Model 737-300 series           Part 3 of the Accomplishment Instructions
 airplanes.                     of Boeing Service Bulletin 737-53-1168,
                                dated March 16, 1995.
                               Part 3 of the Accomplishment Instructions
                                of Boeing Service Bulletin 737-53-1168,
                                Revision 1, dated August 17, 1995.
                               Part 3 of the Accomplishment Instructions
                                of Boeing Service Bulletin 737-53-1168,
                                Revision 2, dated November 27, 1996.
Model 737-400 series           Part III of the Accomplishment
 airplanes.                     Instructions of Boeing Service Bulletin
                                737-53-1187, dated November 2, 1995.
                               Part III of the Accomplishment
                                Instructions of Boeing Service Bulletin
                                737-53-1187, Revision 1, dated January
                                16, 1997.
------------------------------------------------------------------------

Request To Publish Effectivity and Compliance Information

    The Aviation Group requests that paragraphs 1.E., ``Compliance,'' 
and 1.A., ``Effectivity,'' of Boeing Service Bulletin 737-53-1168, 
Revision 3, dated November 28, 2006; and Boeing Service Bulletin 737-
53-1187, Revision 2, dated May 9, 2007; be added to the NPRM, either 
within the body of the AD or as an incorporated attachment. The 
commenter asserts that many owners, lessors, or their respective 
representatives, are routinely denied access to the manufacturer's Web 
site where the referenced service information is archived, making it 
very difficult or impossible to evaluate and schedule compliance with 
this AD.
    We do not agree to add the compliance and effectivity sections of 
Boeing Service Bulletin 737-53-1168, Revision 3, dated November 28, 
2006; and Boeing Service Bulletin 737-53-1187, Revision 2, dated May 9, 
2007; to this AD. Due to the length and complexity of the applicability 
and compliance times required in this AD, we referred directly to the 
service information to ensure the accuracy of those sections in this 
AD. We also gave notice for the compliance times in the ``Relevant 
Service Information'' section of the NPRM. Operators should note that 
type certificate holders are required under the Federal Aviation 
Regulations to make available the service information necessary for 
accomplishing AD requirements to affected operators. All service 
information that we incorporate by reference in our AD is available to 
those who operate the product that is the subject of the AD. The 
necessary service information has also been incorporated by reference 
in this AD; therefore, this information is also available for review at 
the FAA or the Office of the Federal Register, as specified in the 
Addresses section and paragraph (n) of this AD. We have made no change 
to this AD in this regard.

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 changes described previously. We also determined that 
these changes 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 about 516 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 to determine inspection      1........................        $0  $80.....................             516  $41,280.
 zones.
Repetitive inspections--Option 1......  64.......................         0  $5,120, per inspection               516  Up to $2,641,920.
                                                                              cycle.
Repetitive inspections--Option 2......  62.......................         0  $4,960, per inspection               516  Up to $2,559,360.
                                                                              cycle.
Internal inspection...................  5, per inspection zone (3         0  $1,200..................             516  $619,200.
                                         zones).
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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

[[Page 52397]]

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 adding the following new AD:

2009-21-01 Boeing: Amendment 39-16038. Docket No. FAA-2009-0429; 
Directorate Identifier 2007-NM-059-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective November 17, 
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes identified in paragraphs 
(c)(1) and (c)(2) of this AD, certificated in any category.
    (1) Boeing Model 737-300 series airplanes as identified in 
Boeing Service Bulletin 737-53-1168, Revision 3, dated November 28, 
2006.
    (2) Boeing Model 737-400 series airplanes as identified in 
Boeing Service Bulletin 737-53-1187, Revision 2, dated May 9, 2007.

Subject

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

Unsafe Condition

    (e) This AD results from reports of cracks in the aft fuselage 
skin on both sides of the airplane. We are issuing this AD to detect 
and correct cracking in the aft fuselage skin along the longitudinal 
edges of the bonded skin doubler, which could result in reduced 
structural integrity of the airplane.

Compliance

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

Inspections, Related Investigative and Corrective Actions

    (g) At the applicable times specified in Tables 1 and 2 of 
paragraph 1.E., ``Compliance,'' of Boeing Service Bulletin 737-53-
1168, Revision 3, dated November 28, 2006 (for Model 737-300 series 
airplanes); or Table 1 of paragraph 1.E., of Boeing Service Bulletin 
737-53-1187, Revision 2, dated May 9, 2007 (for Model 737-400 series 
airplanes); except as provided by paragraph (k) of this AD: Do the 
applicable inspections and related investigative actions to detect 
cracks in the aft fuselage skin panels, by accomplishing all of the 
applicable actions specified in the Accomplishment Instructions of 
Boeing Service Bulletin 737-53-1168, Revision 3, dated November 28, 
2006; or Boeing Service Bulletin 737-53-1187, Revision 2, dated May 
9, 2007; as applicable; including Note (f) of Table 1 of paragraph 
1.E. And, do the applicable corrective actions specified in the 
Accomplishment Instructions of Boeing Service Bulletin 737-53-1168, 
Revision 3, dated November 28, 2006; or Boeing Service Bulletin 737-
53-1187, Revision 2, dated May 9, 2007; as applicable; except as 
provided by paragraphs (h), (i), and (l) of this AD. Repeat the 
applicable inspections and related investigative actions thereafter 
at the applicable intervals specified in Tables 1 and 2 of paragraph 
1.E. of Boeing Service Bulletin 737-53-1168, Revision 3, dated 
November 28, 2006; or Table 1 of paragraph 1.E. of Boeing Service 
Bulletin 737-53-1187, Revision 2, dated May 9, 2007; as applicable.
    (h) If any crack is found during any inspection or corrective 
action required by this AD, before further flight, repair in 
accordance with the Accomplishment Instructions of Boeing Service 
Bulletin 737-53-1168, Revision 3, dated November 28, 2006 (for Model 
737-300 series airplanes); or Boeing Service Bulletin 737-53-1187, 
Revision 2, dated May 9, 2007 (for Model 737-400 series airplanes); 
except, where Boeing Service Bulletin 737-53-1168, Revision 3, dated 
November 28, 2006; or Boeing Service Bulletin 737-53-1187, Revision 
2, dated May 9, 2007; as applicable; specifies to contact Boeing, 
before further flight, repair according to a method approved in 
accordance with the procedures specified in paragraph (m) of this 
AD.
    (i) If any cracking of a repaired area is found during any 
inspection required by this AD, and Boeing Service Bulletin 737-53-
1168, Revision 3, dated November 28, 2006 (for Model 737-300 series 
airplanes); or Boeing Service Bulletin 737-53-1187, Revision 2, 
dated May 9, 2007 (for Model 737-400 series airplanes); specifies 
contacting Boeing for appropriate action: Before further flight, 
repair the cracking using a method approved in accordance with the 
procedures specified in paragraph (m) of this AD.

Optional Terminating Action

    (j) Doing the skin panel replacement before the effective date 
of this AD, in accordance with the service information specified in 
Table 1 of this AD, as applicable, terminates the inspection 
requirements of paragraph (g) of this AD for that skin panel only. 
As of the effective date of this AD, doing the skin panel 
replacement, in accordance with Boeing Service Bulletin 737-53-1168, 
Revision 3, dated November 28, 2006; or Boeing Service Bulletin 737-
53-1187, Revision 2, dated May 9, 2007; as applicable; terminates 
the inspection requirements of paragraph (g) of this AD for that 
skin panel only.

 Table 1--Acceptable Service Information for Optional Terminating Action
------------------------------------------------------------------------
            Model                               Document
------------------------------------------------------------------------
Model 737-300 series           Part 3 of the Accomplishment Instructions
 airplanes.                     of Boeing Service Bulletin 737-53-1168,
                                dated March 16, 1995.
                               Part 3 of the Accomplishment Instructions
                                of Boeing Service Bulletin 737-53-1168,
                                Revision 1, dated August 17, 1995.
                               Part 3 of the Accomplishment Instructions
                                of Boeing Service Bulletin 737-53-1168,
                                Revision 2, dated November 27, 1996.
                               Part 3 of the Accomplishment Instructions
                                of Boeing Service Bulletin 737-53-1168,
                                Revision 3, dated November 28, 2006.
Model 737-400 series           Part III of the Accomplishment
 airplanes.                     Instructions of Boeing Service Bulletin
                                737-53-1187, dated November 2, 1995.
                               Part III of the Accomplishment
                                Instructions of Boeing Service Bulletin
                                737-53-1187, Revision 1, dated January
                                16, 1997.

[[Page 52398]]

 
                               Part III of the Accomplishment
                                Instructions of Boeing Service Bulletin
                                737-53-1187, Revision 2, dated May 9,
                                2007.
------------------------------------------------------------------------

Exception to Service Bulletins

    (k) Where Boeing Service Bulletin 737-53-1168, Revision 3, dated 
November 28, 2006 (for Model 737-300 series airplanes); or Boeing 
Service Bulletin 737-53-1187, Revision 2, dated May 9, 2007 (for 
Model 737-400 series airplanes); specifies compliance times after 
the release date of those service bulletins, this AD requires that 
the specified actions be done within the specified compliance times 
after the effective date of this AD.

No Reporting Required

    (l) Although Boeing Service Bulletin 737-53-1168, Revision 3, 
dated November 28, 2006 (for Model 737-300 series airplanes); and 
Boeing Service Bulletin 737-53-1187, Revision 2, dated May 9, 2007 
(for Model 737-400 series airplanes); specify to submit information 
to the manufacturer, this AD does not include such a requirement.

Alternative Methods of Compliance (AMOCs)

    (m)(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

    (n) You must use Boeing Service Bulletin 737-53-1168, Revision 
3, dated November 28, 2006; or Boeing Service Bulletin 737-53-1187, 
Revision 2, dated May 9, 2007; as applicable; to do the actions 
required by this AD, unless the AD specifies otherwise. If you do 
the optional terminating action specified in this AD, you must use 
the service information specified in Table 2 of this AD, as 
applicable, to do the optional terminating action, unless the AD 
specifies otherwise.

                          Table 2--Service Information for Optional Terminating Action
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        Boeing Service Bulletin--                   Revision--                           Dated--
----------------------------------------------------------------------------------------------------------------
737-53-1168..............................  Original....................  March 16, 1995.
737-53-1168..............................  1...........................  August 17, 1995.
737-53-1168..............................  2...........................  November 27, 1996.
737-53-1168..............................  3...........................  November 28, 2006.
737-53-1187..............................  Original....................  November 2, 1995.
737-53-1187..............................  1...........................  January 16, 1997.
737-53-1187..............................  2...........................  May 9, 2007.
----------------------------------------------------------------------------------------------------------------

     (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 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 September 25, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-23877 Filed 10-9-09; 8:45 am]
BILLING CODE 4910-13-P