[Federal Register Volume 79, Number 71 (Monday, April 14, 2014)]
[Proposed Rules]
[Pages 20824-20827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08301]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0195; Directorate Identifier 2013-NM-195-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2008-17-
03, which applies to certain The Boeing Company Model 737-100, -200, -
200C, -300, -400, and -500 series airplanes. AD 2008-17-03 currently 
requires repetitive inspections to detect fuselage frame cracking, and 
corrective action if necessary. AD 2008-17-03 also provides for 
optional terminating action (repair/preventive change) for the 
repetitive inspections. Since we issued AD 2008-17-03, we have 
determined that additional airplanes may be subject to the identified 
unsafe condition. This proposed AD would add airplanes to the 
applicability. For the newly added airplanes, however, this proposed AD 
would not provide terminating action for the repetitive inspections 
because service information has not been provided for a repair/
preventive change. We are proposing this AD to detect and correct 
fuselage frame cracking, which could prevent the left forward entry 
door from sealing correctly, and could cause in-flight decompression of 
the airplane.

DATES: We must receive comments on this proposed AD by May 29, 2014.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed 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 view this 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 by searching for and locating Docket No. FAA-2014-
0195; 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 proposed AD, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Office (phone: 800-647-5527) is in the ADDRESSES section. Comments will 
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Alan Pohl, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office 
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6450; fax: 425-917-6590; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2014-0195; 
Directorate Identifier 2013-NM-195-AD'' at the beginning of your 
comments. We specifically invite

[[Page 20825]]

comments on the overall regulatory, economic, environmental, and energy 
aspects of this proposed AD. We will consider all comments received by 
the closing date and may amend this proposed 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 proposed AD.

Discussion

    On August 6, 2008, we issued AD 2008-17-03, Amendment 39-15641 (73 
FR 48288, August 19, 2008), for certain The Boeing Company Model 737-
100, -200, -200C, -300, -400, and -500 series airplanes. AD 2008-17-03 
required repetitive inspections to detect cracking of the body station 
303.9 frame, and corrective action if necessary. AD 2008-17-03 also 
provided for optional terminating action for the repetitive 
inspections. AD 2008-17-03 resulted from reports of cracks found at the 
cutout in the web of body station frame 303.9 inboard of stringer 16L. 
We issued AD 2008-17-03 to detect and correct such cracking, which 
could prevent the left forward entry door from sealing correctly, and 
could cause in-flight decompression of the airplane.

Actions Since AD 2008-17-03, Amendment 39-15641 (73 FR 48288, August 
19, 2008), Was Issued

    Since we issued AD 2008-17-03, Amendment 39-15641 (73 FR 48288, 
August 19, 2008), we have been advised that cracking has been 
discovered on an airplane outside the applicability of AD 2008-17-03.

Relevant Service Information

    We reviewed Boeing Alert Service Bulletin 737-53A1188, Revision 3, 
dated September 6, 2013. For information on the procedures and 
compliance times, see this service information at http://www.regulations.gov by searching for Docket No. FAA-2014-0195.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would retain the requirements of AD 2008-17-03, 
Amendment 39-15641 (73 FR 48288, August 19, 2008). This proposed AD 
would add airplanes to the applicability. This proposed AD would 
require accomplishing the actions specified in the service information 
described previously, except as discussed under ``Differences Between 
the Proposed AD and the Service Information.''
    The phrase ``corrective actions'' is used in this proposed AD. 
``Corrective actions'' correct or address any condition found. 
Corrective actions in an AD could include, for example, repairs.

Differences Between the Proposed AD and the Service Information

    The service information specifies to contact the manufacturer for 
instructions on how to repair certain conditions, but this proposed AD 
would require repairing those conditions in one of the following ways:
     In accordance with a method that we approve; or
     Using data that meet the certification basis of the 
airplane, and that have been approved by the Boeing Commercial 
Airplanes Organization Designation Authorization (ODA) whom we have 
authorized to make those findings.

Costs of Compliance

    We estimate that this proposed AD affects 148 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                        Estimated Costs: Required Actions
----------------------------------------------------------------------------------------------------------------
                                                            Parts                               Cost on U.S.
      Action                      Labor cost                 cost      Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspection........  31 to 33 work-hours x $85 per hour =        $0  Up to $2,805 per       Up to $415,140 per
                     up to $2,805 per inspection cycle.              inspection cycle.      inspection cycle.
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                                     Estimated Costs: Optional Modification
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             Action                           Labor cost                   Parts cost        Cost per  product
----------------------------------------------------------------------------------------------------------------
Repair/preventive change........  12 to 30 work-hours x $85 per hour  $564 to $2,236.....  Up to $4,786.
                                   = up to $2,550.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this proposed 
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

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 the proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,

[[Page 20826]]

    (2) Is not a ``significant rule'' under the 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. Amend Sec.  39.13 by removing Airworthiness Directive (AD) 2008-17-
03, Amendment 39-15641 (73 FR 48288, August 19, 2008), and adding the 
following new AD:

The Boeing Company: Docket No. FAA-2014-0195; Directorate Identifier 
2013-NM-195-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by May 29, 2014.

(b) Affected ADs

    This AD supersedes AD 2008-17-03, Amendment 39-15641 (73 FR 
48288, August 19, 2008).

(c) Applicability

    This AD applies to The Boeing Company airplanes, certificated in 
any category, identified in paragraphs (c)(1) and (c)(2) of this AD.
    (1) Model 737-100, -200, -200C, -300, -400, and -500 series 
airplanes, as identified in Boeing Alert Service Bulletin 737-
53A1197, dated August 25, 2006.
    (2) Model 737-300, -400, and -500 series airplanes, as 
identified in Boeing Alert Service Bulletin 737-53A1188, Revision 3, 
dated September 6, 2013.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of cracks found at the cutout in 
the web of body station frame 303.9 inboard of stringer 16L, and a 
new report of cracking found on an airplane not included in the 
applicability of AD 2008-17-03, Amendment 39-15641 (73 FR 48288, 
August 19, 2008). We are issuing this AD to detect and correct such 
cracking, which could prevent the left forward entry door from 
sealing correctly, and could cause in-flight decompression of the 
airplane.

(f) Compliance

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

(g) Retained Repetitive Inspections: Group 1 Airplanes, Boeing Alert 
Service Bulletin 737-53A1188, Revision 2, Dated May 9, 2007, or Boeing 
Alert Service Bulletin 737-53A1188, Revision 3, Dated September 6, 
2013, With Revised Service Information

    This paragraph restates the requirements of paragraph (f) of AD 
2008-17-03, Amendment 39-15641 (73 FR 48288, August 19, 2008), with 
revised service information and airplane groupings. For airplanes 
identified as Group 1 in Boeing Alert Service Bulletin 737-53A1188, 
Revision 3, dated September 6, 2013: Do detailed and high frequency 
eddy current (HFEC) inspections in the web and doubler around the 
slotted holes in the frame web at stringers 15L and 16L, in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 737-53A1188, Revision 2, dated May 9, 2007; or 
Boeing Alert Service Bulletin 737-53A1188, Revision 3, dated 
September 6, 2013. Do the inspections at the applicable time 
specified in paragraph 1.E., ``Compliance,'' of Boeing Alert Service 
Bulletin 737-53A1188, Revision 3, dated September 6, 2013. Do all 
applicable corrective actions before further flight in accordance 
with Boeing Alert Service Bulletin 737-53A1188, Revision 2, dated 
May 9, 2007; or Boeing Alert Service Bulletin 737-53A1188, Revision 
3, dated September 6, 2013; except as provided by paragraph (j)(3) 
of this AD. Repeat the inspections at intervals not to exceed 4,500 
flight cycles, until accomplishment of the repair/preventive change 
in accordance with Boeing Alert Service Bulletin 737-53A1188, 
Revision 2, dated May 9, 2007; or Boeing Alert Service Bulletin 737-
53A1188, Revision 3, dated September 6, 2013; which terminates the 
repetitive inspection requirements for the airplanes identified in 
this paragraph. A repair/preventive change done using Boeing Alert 
Service Bulletin 737-53A1188, dated April 9, 1998; or Boeing Alert 
Service Bulletin 737-53A1188, Revision 1, dated March 18, 1999; does 
not terminate the repetitive inspections, but the repetitive 
inspections may be terminated after the existing kit is replaced 
with a new kit in accordance with paragraph 3.B., Part II, step 3, 
or Part III, step 3, of Boeing Alert Service Bulletin 737-53A1188, 
Revision 2, dated May 9, 2007. As of the effective date of this AD, 
only Boeing Alert Service Bulletin 737-53A1188, Revision 3, dated 
September 6, 2013, may be used to do the actions required by this 
paragraph.

    Note 1 to paragraph (g) of this AD: Airplanes identified as 
Group 1 in Boeing Alert Service Bulletin 737-53A1188, Revision 3, 
dated September 6, 2013, are the same as those identified in Boeing 
Alert Service Bulletin 737-53A1188, Revision 2, dated May 9, 2007.

(h) Retained Repetitive Inspections: Boeing Alert Service Bulletin 737-
53A1197, Dated August 25, 2006

    This paragraph restates the requirements of paragraph (g) of AD 
2008-17-03, Amendment 39-15641 (73 FR 48288, August 19, 2008). For 
airplanes identified in Boeing Alert Service Bulletin 737-53A1197, 
dated August 25, 2006: Do an ultrasound inspection of the slot-
shaped cutout in the web for the door stop strap at stringer 16L, an 
HFEC inspection of the web along the upper and lower edges of the 
doubler around the doorstop strap at stringer 16L, and a detailed 
inspection of the web around the doubler for the cutout at stringer 
16L, in accordance with the Accomplishment Instructions of Boeing 
Alert Service Bulletin 737-53A1197, dated August 25, 2006. Do the 
inspections at the applicable time specified in paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 737-53A1197, dated 
August 25, 2006, except as provided by paragraph (j)(2) of this AD. 
Do all applicable corrective actions before further flight in 
accordance with Boeing Alert Service Bulletin 737-53A1197, dated 
August 25, 2006, except as provided by paragraph (j)(3) of this AD. 
Repeat the inspections at intervals not to exceed 4,500 flight 
cycles, until accomplishment of the repair/preventive change in 
accordance with Boeing Alert Service Bulletin 737-53A1197, dated 
August 25, 2006, which terminates the repetitive inspections.

(i) New Repetitive Inspections: Group 2 Airplanes, Boeing Alert Service 
Bulletin 737-53A1188, Revision 3, Dated September 6, 2013

    For airplanes identified as Group 2 in Boeing Alert Service 
Bulletin 737-53A1188, Revision 3, dated September 6, 2013: At the 
applicable times specified in Table 3 of paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 737-53A1188, 
Revision 3, dated September 6, 2013, except as required by paragraph 
(j)(1) of this AD: Do detailed and HFEC inspections for cracking in 
the web of the body station 303.9 frame at stringer 15L, and do all 
applicable corrective actions, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin 737-53A1188, Revision 
3, dated September 6, 2013, except as required by paragraph (j)(3) 
of this AD. Do all applicable corrective actions before further 
flight. Repeat the inspection thereafter at the applicable time 
specified in Table 3 of paragraph 1.E., ``Compliance,'' of Boeing 
Alert Service Bulletin 737-53A1188, Revision 3, dated September 6, 
2013. Accomplishment of a repair using a method approved in 
accordance with the procedures specified in paragraph (k) of this AD 
terminates the repetitive inspections required by this paragraph for 
the area covered by the repair.

(j) Exceptions to Service Information Specifications

    (1) Where Boeing Alert Service Bulletin 737-53A1188, Revision 3, 
dated September 6, 2013, specifies a compliance time ``after the 
Revision 3 date of this service bulletin,'' this AD requires 
compliance within the

[[Page 20827]]

specified time after the effective date of this AD.
    (2) Where Boeing Alert Service Bulletin 737-53A1197, dated 
August 25, 2006, specifies a compliance time ``After the Date of 
this Service Bulletin,'' this AD requires compliance for paragraph 
(h) of this AD within the specified time after September 23, 2008 
(the effective date of AD 2008-17-03, Amendment 39-15641 (73 FR 
48288, August 19, 2008)). For the initial inspection, the grace 
period for airplanes that have exceeded the specified threshold is 
extended to 4,500 flight cycles after September 23, 2008 (the 
effective date of AD 2008-17-03).
    (3) Where Boeing Alert Service Bulletin 737-53A1188, Revision 2, 
dated May 9, 2007; Boeing Alert Service Bulletin 737-53A1188, 
Revision 3, dated September 6, 2013; and Boeing Alert Service 
Bulletin 737-53A1197, dated August 25, 2006; specify to contact 
Boeing for appropriate action, including repair of damage outside 
the scope of the service information, repair using a method approved 
in accordance with the procedures specified in paragraph (k) of this 
AD.

(k) 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 paragraph (l)(1) 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.
    (4) AMOCs approved for AD 2008-17-03, Amendment 39-15641 (73 FR 
48288, August 19, 2008), are approved as AMOCs for the corresponding 
provisions of this AD.

(l) Related Information

    (1) For more information about this AD, contact Alan Pohl, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone: 425-917-6450; fax: 425-917-6590; email: 
[email protected].
    (2) 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 view 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.

    Issued in Renton, Washington, on April 4, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-08301 Filed 4-11-14; 8:45 am]
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