[Federal Register Volume 78, Number 191 (Wednesday, October 2, 2013)]
[Rules and Regulations]
[Pages 60679-60681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23321]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0425; Directorate Identifier 2011-NM-273-AD; 
Amendment 39-17604; AD 2013-19-22]
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 all The 
Boeing Company Model 717-200 airplanes. This AD was prompted by 
multiple reports of cracks of overwing frames. This AD requires 
repetitive inspections for cracking of the overwing frames, and 
corrective actions if necessary. We are issuing this AD to detect and 
correct such cracking that could sever a frame, which may increase the 
loading of adjacent frames, and result in damage to the adjacent 
structure and consequent loss of structural integrity of the airplane.

DATES: This AD is effective November 6, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of November 6, 
2013.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
3855 Lakewood Boulevard, MC D800-0019, Long Beach, CA 90846-0001; 
telephone 206-544-5000, extension 2; fax 206-766-5683; 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: George Garrido, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-
627-5357; fax: 562-627-5210; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued an SNPRM (supplemental notice of proposed rulemaking) to 
amend 14 CFR part 39 by adding an airworthiness directive (AD) that 
would apply to the specified products. The SNPRM published in the 
Federal Register on May 6, 2013 (78 FR 26286). We preceded the SNPRM 
with a notice of proposed rulemaking (NPRM) that published in the 
Federal Register on May 9, 2012 (77 FR 27142). The NPRM (77 FR 27142, 
May 9, 2012) proposed to require repetitive inspections for cracking of 
the overwing frames, and corrective actions if necessary. The SNPRM 
proposed to revise the initial compliance time and provide an optional 
modification that would extend the compliance time for the next 
repetitive inspection.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the SNPRM (78 
FR 26286, May 6, 2013) and the FAA's response to each comment.

Request To Correct Service Bulletin Title

    Boeing noted an error in the title of a service bulletin referenced 
in paragraphs (h) and (h)(2) of the SNPRM (78 FR 26286, May 6, 2013). 
Boeing requested the word ``Alert'' be removed with reference to 
``Boeing `Alert' Service Bulletin 717-53-0035, dated June 8, 2012.''
    We agree with Boeing's request. We have revised paragraphs (h) and 
(h)(2) of this final rule to correct the service bulletin title 
accordingly, since the referenced service bulletin is not an ``Alert'' 
service bulletin.

Request To Provide Credit for Previous Actions

    Boeing stated that cracked overwing frames had been found during 
scheduled inspections done in accordance with 717 Maintenance Task 53-
129-01, and that the frames were replaced as a consequence. Boeing 
requested that we revise the SNPRM (78

[[Page 60680]]

FR 26286, May 6, 2013) to allow credit for work done prior to the 
effective date of the SNPRM using 717 Maintenance Task 53-129-01. 
Boeing stated those new frames should be given the same credit as the 
frames that were replaced using Boeing Alert Service Bulletin 717-
53A0034, dated October 5, 2011.
    We disagree with the request to allow credit for frames replaced 
using 717 Maintenance Task 53-129-01, which references the 
manufacturer's original production drawing. Paragraph (i) of the SNPRM 
(78 FR 26286, May 6, 2013) was added to allow credit for work done 
prior to the effective date of this final rule using Boeing Alert 
Service Bulletin 717-53A0034, dated October 5, 2011, which references 
Service Rework Drawing SR95530013. We disagree with changing this final 
rule because due to a large number of configurations, Boeing would be 
required to release numerous proprietary production drawings. However, 
operators may apply for approval of an alternative method of compliance 
(AMOC) (for credit for previously replaced frames) in accordance with 
the provisions of paragraph (j) of this AD. We have not changed this 
final rule in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the changes described previously--and minor editorial 
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
SNPRM (78 FR 26286, May 6, 2013) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the SNPRM (78 FR 26286, May 6, 2013).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 129 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Action                    Labor cost                  Parts cost                   Cost per product             Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspections......................  46 work-hours x $85   $0.............................  $3,910........................  $504,390.
                                    per hour = $3,910
                                    per inspection
                                    cycle.
Installation of optional           30 work-hours x $85   Up to $2,727...................  Up to $5,277..................  Up to $680,733.
 modification.                      per hour = $2,550
                                    per inspection
                                    cycle.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements/
repairs that would be required based on the results of the inspections. 
We have no way of determining the number of aircraft that might need 
these replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
             Action                  Labor cost                Parts cost                 Cost per product
----------------------------------------------------------------------------------------------------------------
Blendout repair................  12 work-hours x     $0...........................  $1,020.
                                  $85 per hour =
                                  $1,020.
Replacement of a frame station.  130 work-hours x    Up to $86,977................  Up to $98,027.
                                  $85 per hour =
                                  $11,050.
----------------------------------------------------------------------------------------------------------------

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):

2013-19-22 The Boeing Company: Amendment 39-17604; Docket No. FAA-
2012-0425; Directorate Identifier 2011-NM-273-AD.

[[Page 60681]]

(a) Effective Date

    This AD is effective November 6, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 717-200 
airplanes, certificated in any category.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by multiple reports of cracks of overwing 
frames. We are issuing this AD to detect and correct such cracking 
that could sever a frame, which may increase the loading of adjacent 
frames, and result in damage to the adjacent structure and 
consequent loss of structural integrity of the airplane.

(f) Compliance

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

(g) Inspections and Corrective Actions

    At the later of the times specified in paragraphs (g)(1) and 
(g)(2) of this AD: Do a general visual inspection and a high 
frequency eddy current (HFEC) inspection for cracking of the left-
side and right-side overwing frames at stations 674, 696, and 715; 
and do all applicable corrective actions; in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin 717-
53A0034, Revision 1, dated November 7, 2012. Repeat the inspections 
thereafter at the applicable time specified in paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 717-53A0034, 
Revision 1, dated November 7, 2012, except as provided by paragraph 
(h) of this AD.
    (1) Before the accumulation of 12,000 total flight cycles.
    (2) Within 24 months or 8,275 flight cycles after the effective 
date of this AD, whichever occurs first.

(h) Optional Terminating Action

    Modification of left-side and right-side overwing frames at 
stations 674, 696, and 715, in accordance with the Accomplishment 
Instructions of Boeing Service Bulletin 717-53-0035, dated June 8, 
2012, terminates the inspections required by paragraph (g) of this 
AD, and extends the compliance time of the modified area for the 
next repetitive HFEC inspection to 45,000 flight cycles after the 
modification, provided that the actions specified in paragraphs 
(h)(1), (h)(2), and (h)(3) of this AD are accomplished, in 
accordance with the Accomplishment Instructions of Boeing Service 
Bulletin 717-53-0035, dated June 8, 2012. Do the inspections 
specified in paragraph (g) of this AD prior to, or concurrently 
with, the modification specified in paragraph (h) of this AD.
    (1) The overwing frame improvement modification of left-side and 
right-side overwing frames at stations 674, 696, and 715 is 
installed and HFEC inspection is done within 45,000 flight cycles 
from the time the modification is installed, in accordance with the 
Accomplishment Instructions of Boeing Service Bulletin 717-53-0035, 
dated June 8, 2012.
    (2) If no crack is found during any inspection specified by 
paragraph (h)(1) of this AD, the HFEC inspections at the modified 
area are repeated thereafter at the applicable time specified in 
paragraph 1.E., ``Compliance,'' of Boeing Service Bulletin 717-53-
0035, dated June 8, 2012.
    (3) If any crack is found during any inspection specified by 
paragraph (h)(1) of this AD, the frame is repaired or replaced using 
a method approved in accordance with the procedures specified in 
paragraph (j) of this AD, before further flight.

(i) Credit for Previous Actions

    This paragraph provides credit for the actions required by 
paragraph (g) of this AD, if the general visual inspection and HFEC 
inspection for cracking of the left-side and right-side overwing 
frames at stations 674, 696, and 715, and the applicable related 
investigative and corrective actions, were performed before the 
effective date of this AD using Boeing Alert Service Bulletin 717-
53A0034, dated October 5, 2011, which is not incorporated by 
reference in this AD.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles 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 paragraph (k)(1) of this AD.
    (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, Los Angeles ACO to 
make those findings. For a repair method to be approved, the repair 
must meet the certification basis of the airplane and 14 FR 25.571, 
Amendment 45, and the approval must specifically refer to this AD.

(k) Related Information

    (1) For more information about this AD, contact George Garrido, 
Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles 
Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, 
CA 90712-4137; phone: 562-627-5357; fax: 562-627-5210; email: 
[email protected].
    (2) Service information identified in this AD that is not 
incorporated by reference in this AD may be obtained at the 
addresses specified in paragraphs (l)(3) and (l)(4) of this AD.

(l) 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 717-53A0034, Revision 1, dated 
November 7, 2012.
    (ii) Boeing Service Bulletin 717-53-0035, dated June 8, 2012.
    (3) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
3855 Lakewood Boulevard, MC D800-0019, Long Beach, CA 90846-0001; 
telephone 206-544-5000, extension 2; fax 206-766-5683; Internet 
https://www.myboeingfleet.com.
    (4) You may view this service information at FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington. For 
information on the availability of this material at the FAA, call 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, 
Washington.
    (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 September 17, 2013.
Ross Landes,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-23321 Filed 10-1-13; 8:45 am]
BILLING CODE 4910-13-P