[Federal Register Volume 77, Number 232 (Monday, December 3, 2012)]
[Rules and Regulations]
[Pages 71485-71487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28504]



[[Page 71485]]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0857; Directorate Identifier 2011-NM-244-AD; 
Amendment 39-17270; AD 2012-23-14]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 
series airplanes. This AD was prompted by a report of a crack found in 
the fuselage skin under the aft drain mast. This AD requires a detailed 
inspection for cracking and corrosion of the channel and fillers 
adjacent to the drain mast bolts, an inspection to determine the 
location of the bonding strap, a measurement of the washers under the 
drain mast bolts, and related investigative actions and repair if 
necessary. We are issuing this AD to detect and correct cracking in the 
fuselage skin and internal support structure, which could result in 
uncontrolled decompression of the airplane.

DATES: This AD is effective January 7, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of January 7, 
2013.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may review copies of the referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, WA. For information on the availability of this 
material at the FAA, call 425-227-1221.

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 (phone: 800-647-5527) is 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, WA 98057-3356; phone: 425-917-6447; fax: 
425-917-6590; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM published in the Federal Register on August 21, 2012 (77 FR 
50414). That NPRM proposed to require a detailed inspection for 
cracking and corrosion of the channel and fillers adjacent to the drain 
mast bolts, an inspection to determine the location of the bonding 
strap, a measurement of the washers under the drain mast bolts, and 
related investigative actions and repair if necessary.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comment received on the proposal 
(77 FR 50414, August 21, 2012) and the FAA's response to the comment.

Statement Regarding Installation of Winglets

    Aviation Partners Boeing (APB) stated that the installation of 
winglets per Supplemental Type Certificate (STC) ST01219SE does not 
affect them.
    We have added paragraph (c)(2) to this AD to state that 
installation of STC ST01219SE (http://rgl.faa.gov/regulatory_and_guidance_library/rgstc.nsf/0/2C6E3DBDDD36F91C862576A4005D64E2?OpenDocument&Highlight=st01219se) does 
not affect the ability to accomplish the actions required by this AD. 
Therefore, for airplanes on which STC ST01219SE is installed, a 
``change in product'' alternative method of compliance (AMOC) approval 
request is not necessary to comply with the requirements of 14 CFR 
39.17. For all other AMOC requests, the operator must request approval 
for an AMOC in accordance with the procedures specified in paragraph 
(i) of this AD.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting the 
AD with the change described previously and minor editorial changes. We 
have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (77 FR 50414, August 21, 2012) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 50414, August 21, 2012).
    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 612 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Detailed inspection, bonding strap    4 work-hours x $85 per               $0             $340         $208,080
 inspection, washer measurement.       hour = $340.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do certain necessary conditional 
actions that would be required based on the results of the inspection. 
We have no way of determining the number of aircraft that might need 
these actions:

[[Page 71486]]



                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Drain mast removal, high frequency eddy        5 work-hours x $85 per hour =                $0             $425
 current and detailed inspections, and drain    $425.
 mast installation.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
a cost estimate for the repair specified in 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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    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 airworthiness 
directive (AD):

2012-23-14 The Boeing Company: Amendment 39-17270; Docket No. FAA-
2012-0857; Directorate Identifier 2011-NM-244-AD.

(a) Effective Date

    This AD is effective January 7, 2013.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to The Boeing Company Model 737-100, -200, -
200C, -300, -400, and -500 series airplanes, certificated in any 
category, as identified in Boeing Alert Service Bulletin 737-
53A1318, dated October 31, 2011.
    (2) Installation of Supplemental Type Certificate (STC) 
ST01219SE (http://rgl.faa.gov/regulatory_and_guidance_library/rgstc.nsf/0/2C6E3DBDDD36F91C862576A4005D64E2?OpenDocument&Highlight=st01219se) 
does not affect the ability to accomplish the actions required by 
this AD. Therefore, for airplanes on which STC ST01219SE is 
installed, a ``change in product'' alternative method of compliance 
(AMOC) approval request is not necessary to comply with the 
requirements of 14 CFR 39.17. For all other AMOC requests, the 
operator must request approval for an AMOC in accordance with the 
procedures specified in paragraph (i) of this AD.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by a report of a crack found in the 
fuselage skin under the aft drain mast. We are issuing this AD to 
detect and correct cracking in the fuselage skin and internal 
support structure, which could result in uncontrolled decompression 
of the airplane.

(f) Compliance

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

(g) Inspection and Repair

    (1) For airplanes identified as Group 1 airplanes as specified 
in Boeing Alert Service Bulletin 737-53A1318, dated October 31, 
2011: At the times specified in paragraph 1.E. ``Compliance,'' of 
Boeing Alert Service Bulletin 737-53A1318, dated October 31, 2011, 
do the actions specified in paragraphs (g)(1)(i), (g)(1)(ii), and 
(g)(1)(iii) of this AD, and do all related investigative actions and 
repair, as applicable, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin 737-53A1318, dated 
October 31, 2011, except as required by paragraph (h) of this AD. 
Related investigative actions and repairs must be done before 
further flight. If the drain mast is found to be installed 
correctly, no further action is required by this paragraph.
    (i) Do a detailed inspection for cracking and signs of corrosion 
of the channel and the fillers adjacent to the drain mast bolts.
    (ii) Inspect the bonding strap for the correct location.
    (iii) Measure the diameter and thickness of the washers under 
the drain mast bolts.
    (2) For airplanes identified as Group 2 airplanes as specified 
in Boeing Alert Service Bulletin 737-53A1318, dated October 31, 
2011: Within 120 days after the effective date of this AD, inspect 
and repair, as required, using a method approved in accordance with 
the procedures specified in paragraph (i) of this AD. Repairs must 
be done before further flight.

(h) Exception

    (1) Where Paragraph 1.E., ``Compliance,'' of Boeing Alert 
Service Bulletin 737-53A1318, dated October 31, 2011, specifies a 
compliance time after the original issue date of Boeing Alert 
Service Bulletin 737-53A1318, dated October 31, 2011, this AD 
requires compliance within the specified compliance time after the 
effective date of this AD.
    (2) For airplanes identified as Group 1 airplanes as specified 
in Boeing Alert Service Bulletin 737-53A1318, dated October 31, 
2011: If any cracking or sign of corrosion is found during any 
inspection required by this AD, and Boeing Alert Service Bulletin 
737-53A1318, dated October 31, 2011, specifies to contact Boeing for 
appropriate action, before further flight, repair the crack or sign 
of corrosion using a method approved in accordance with the 
procedures specified in paragraph (i) of this AD.

[[Page 71487]]

(i) Alternative Methods of Compliance (AMOCs)

    (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. In accordance with 14 
CFR 39.19, send your request to your principal inspector or local 
Flight Standards District Office, as appropriate. If sending 
information directly to the manager of the ACO, send it to the 
attention of the person identified in the Related Information 
section of this AD. Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/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 the 
Boeing Commercial Airplanes Organization Designation Authorization 
(ODA) that 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.

(j) Related Information

    For more information about this AD, contact Wayne Lockett, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; 
phone: 425-917-6447; fax: 425-917-6590; email: 
[email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin 737-53A1318, dated October 31, 
2011.
    (ii) Reserved.
    (3) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com.
    (4) You may view this service information at FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (5) You may view this 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on November 13, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-28504 Filed 11-30-12; 8:45 am]
BILLING CODE 4910-13-P