Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Rules and Regulations 70011 

The NRC made no changes to the rule 

as a result of this comment. 

In summary, the NRC did not receive 

any comments that warranted 

withdrawal of the direct final rule. 

Therefore, none of these comments 

required a change in the rule’s effective 

date of May 31, 2016. 

Dated at Rockville, Maryland, this 28th day 

of September, 2016 

For the Nuclear Regulatory Commission. 

Michael R. Johnson, 

Acting Executive Director for Operations. 

[FR Doc. 2016–24466 Filed 10–7–16; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2016–5042; Directorate 

Identifier 2015–NM–140–AD; Amendment 

39–18680; AD 2016–20–14] 

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 all The 

Boeing Company Model 737–600, –700, 

–700C, –800, –900 and –900ER series 

airplanes. This AD was prompted by an 

evaluation by the design approval 

holder (DAH) indicating that certain 

fastener locations in the window corner 

surround structure are subject to 

widespread fatigue damage (WFD). This 

AD requires repetitive high frequency 

eddy current (HFEC) inspections for 

cracking in certain fastener locations in 

the window corner surround structure, 

and repair if necessary. We are issuing 

this AD to detect and correct fatigue 

cracking around certain fastener 

locations that could cause multiple 

window corner skin cracks, which 

could result in rapid decompression and 

consequent loss of structural integrity of 

the airplane. 

DATES: This AD is effective November 

15, 2016. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of November 15, 2016. 

ADDRESSES: For service information 

identified in this final rule, 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. It is also available 

on the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2016– 

5042. 

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–2016– 

5042; 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 

Docket 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: 

Gaetano Settineri, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, 

Seattle Aircraft Certification Office 

(ACO), 1601 Lind Avenue SW., Renton, 

WA 98057–3356; phone: 425–917–6577; 

fax: 425–917–6590; email: 

gaetano.settineri@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to all The Boeing Company Model 

737–600, –700, –700C, –800, –900 and 

–900ER series airplanes. The NPRM 

published in the Federal Register on 

April 5, 2016 (81 FR 19512) (‘‘the 

NPRM’’). The NPRM was prompted by 

an evaluation by the DAH indicating 

that certain fastener locations in the 

window corner surround structure are 

subject to WFD. The NPRM proposed to 

require repetitive HFEC inspections for 

cracking in certain fastener locations in 

the window corner surround structure, 

and repair if necessary. We are issuing 

this AD to detect and correct fatigue 

cracking around certain fastener 

locations that could cause multiple 

window corner skin cracks, which 

could result in rapid decompression and 

consequent loss of structural integrity of 

the airplane. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. The 

following presents the comments 

received on the NPRM and the FAA’s 

response to each comment. 

Support for the NPRM 

Boeing and the Airline Pilots 

Association, International supported the 

content of the NPRM. 

Effect of Winglets on Accomplishment 

of the Proposed Actions 

Aviation Partners Boeing stated that 

accomplishing the supplemental type 

certificate (STC) ST00830SE does not 

affect compliance with the actions 

specified in the NPRM. 

We agree with the commenter. We 

have redesignated paragraph (c) as (c)(1) 

and added a new paragraph (c)(2) to this 

AD to state that installation of STC 

ST00830SE does not affect the ability to 

accomplish the actions required by this 

final rule. Therefore, for airplanes on 

which STC ST00830SE 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. 

Request for Clarification of Extent of 

Boeing Organization Designation 

Authority (ODA) 

Southwest Airlines (SWA) asked for 

clarification that the Boeing ODA 

identified in paragraph (i)(3) of the 

proposed AD can provide an AMOC for 

any ‘‘repair, modification, or alteration’’ 

that includes the authority to approve 

existing repairs in the inspection area 

that inhibit accomplishment of the AD 

requirements as terminating action to 

paragraph (g) of the proposed AD. SWA 

also asked if the ODA has the authority 

to provide alternative inspection 

procedures for repaired areas where the 

inspection in paragraph (g) of the 

proposed AD cannot be accomplished. 

Additionally, SWA asked that we clarify 

that the Boeing ODA identified in 

paragraph (i)(3) of the proposed AD is 

able to issue an AMOC to the proposed 

AD for an existing repair at the S–14 lap 

joint (where the location of the repair 

inhibits accomplishing the initial 

inspection), provided the repair was 

approved by any FAA designation 

authority, and there is a minimum of 

three fastener rows above and below the 

lap joint. SWA stated that neither 

Boeing Alert Service Bulletin 737– 

53A1351, dated July 8, 2015, nor the 

NPRM clearly state how to address 

existing repairs that prevent 


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70012 Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Rules and Regulations 

accomplishment of the inspections 

specified in paragraph (g) of the 

proposed AD. 

We agree with the commenter that 

clarification of the extent of the 

authority of the Boeing ODA is 

necessary. The Boeing ODA has the 

authority to evaluate existing repairs 

and provide alternative inspection 

programs in the repaired area, including 

authority to approve alternative 

inspections as AMOCs if needed. 

We infer that SWA is also asking if 

the Boeing ODA can issue a global 

AMOC for the referenced repair at the 

S–14 lap joint. The Boeing ODA does 

not have the authority to approve global 

AMOCs. In addition, we have not 

received any information from Boeing 

that defines such a repair that would be 

considered for a global AMOC. If Boeing 

provides supporting data, we will 

evaluate the data to determine if that 

repair and any associated inspections 

provide an acceptable level of safety for 

such an AMOC. We have not changed 

this AD in this regard. 

Change to This AD 

We have determined that the end 

level effect of the unsafe condition in 

the NPRM should be changed to more 

closely match the service information. 

Therefore, we have changed 

‘‘. . . reduced structural integrity’’ to 

‘‘. . . loss of structural integrity’’ in the 

SUMMARY and SUPPLEMENTARY

INFORMATION sections and in paragraph 

(e) of this AD accordingly. 

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 NPRM for 

correcting the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM. 

We also determined that these 

changes will not increase the economic 

burden on any operator or increase the 

scope of this AD. 

Related Service Information Under 1 

CFR Part 51 

We reviewed Boeing Alert Service 

Bulletin 737–53A1351, dated July 8, 

2015. The service information describes 

procedures for HFEC inspections and 

repair for cracking in certain fastener 

locations in the window corner 

surround structure. This service 

information is reasonably available 

because the interested parties have 

access to it through their normal course 

of business or by the means identified 

in the ADDRESSES section. 

Costs of Compliance 

We estimate that this AD affects 1,528 

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 

Inspection ............................... 38 work-hours × $85 per hour 

= $3,230 per inspection 

cycle.

$0 $3,230 per inspection cycle ... $4,935,440 per inspection 

cycle 

We have received no definitive data 

that will enable us to provide cost 

estimates for the on-condition actions 

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

2016–20–14 The Boeing Company: 

Amendment 39–18680; FAA–2016–5042; 

Directorate Identifier 2015–NM–140–AD. 

(a) Effective Date 

This AD is effective November 15, 2016. 

(b) Affected ADs 

None. 

(c) Applicability 

(1) This AD applies to all The Boeing 

Company Model 737–600, –700, –700C, 

–800, –900 and –900ER series airplanes, 

certificated in any category. 

(2) Installation of Supplemental Type 

Certificate (STC) ST00830SE (http://


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Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Rules and Regulations 70013 

rgl.faa.gov/Regulatory_and_Guidance_

Library/rgSTC.nsf/0/38B606833BBD

98B386257FAA00602538?Open

Document&Highlight=st00830se) does not 

affect the ability to accomplish the actions 

required by this AD. Therefore, for airplanes 

on which STC ST00830SE 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. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 53, Fuselage. 

(e) Unsafe Condition 

This AD was prompted by an evaluation by 

the design approval holder indicating that 

certain fastener locations in the window 

corner surround structure are subject to 

widespread fatigue damage. We are issuing 

this AD to detect and correct fatigue cracking 

around certain fastener locations that could 

cause multiple window corner skin cracks, 

which could result in rapid decompression 

and consequent loss of structural integrity of 

the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Repetitive Inspections and Repair 

At the applicable time specified in 

paragraph 1.E., ‘‘Compliance,’’ of Boeing 

Alert Service Bulletin 737–53A1351, dated 

July 8, 2015: Do an external high frequency 

eddy current (HFEC) inspection for cracking 

of the skin around the fastener locations at 

the upper forward and lower aft corners of 

each window between station (STA) 360 and 

STA 540, as applicable, and at the lower 

forward and upper aft corners of each 

window between STA 727 and STA 887, in 

accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

737–53A1351, dated July 8, 2015. Repeat the 

inspection thereafter at the applicable times 

specified in paragraph 1.E., ‘‘Compliance,’’ of 

Boeing Alert Service Bulletin 737–53A1351, 

dated July 8, 2015. If any crack is found 

during any inspection, repair before further 

flight using a method approved in 

accordance with the procedures specified in 

paragraph (i) of this AD. 

(h) Exception to the Service Bulletin 

Specifications 

Although Boeing Alert Service Bulletin 

737–53A1351, dated July 8, 2015, specifies to 

contact Boeing for repair instructions, and 

specifies that action as ‘‘RC’’ (Required for 

Compliance), this AD requires repair before 

further flight using a method approved in 

accordance with the procedures specified in 

paragraph (i) of this AD. 

(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 

paragraph (j) of this AD. Information may be 

emailed to: 9-ANM-Seattle-ACO-AMOCRequests@faa.gov. 

(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, 

modification, or alteration 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. To be 

approved, the repair method, modification 

deviation, or alteration deviation must meet 

the certification basis of the airplane and the 

approval must specifically refer to this AD. 

(4) Except as required by paragraph (h) of 

this AD: For service information that 

contains steps that are labeled as RC, the 

provisions of paragraphs (i)(4)(i) and (i)(4)(ii) 

of this AD apply. 

(i) The steps labeled as RC, including 

substeps under an RC step and any figures 

identified in an RC step, must be done to 

comply with the AD. If a step or substep is 

labeled ‘‘RC Exempt,’’ then the RC 

requirement is removed from that step or 

substep. An AMOC is required for any 

deviations to RC steps, including substeps 

and identified figures. 

(ii) Steps not labeled as RC may be 

deviated from using accepted methods in 

accordance with the operator’s maintenance 

or inspection program without obtaining 

approval of an AMOC, provided the RC steps, 

including substeps and identified figures, can 

still be done as specified, and the airplane 

can be put back in an airworthy condition. 

(j) Related Information 

For more information about this AD, 

contact Gaetano Settineri, Aerospace 

Engineer, Airframe Branch, ANM–120S, 

FAA, Seattle ACO, 1601 Lind Avenue SW., 

Renton, WA 98057–3356; phone: 425–917– 

6577; fax: 425–917–6590; email: 

gaetano.settineri@faa.gov. 

(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– 

53A1351, dated July 8, 2015. 

(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/ibrlocations.html. 

Issued in Renton, Washington, on 

September 28, 2016. 

Dionne Palermo, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2016–24197 Filed 10–7–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2016–0866] 

Drawbridge Operation Regulation; 

James River, Isle of Wight and 

Newport News, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations; Cancellation. 

SUMMARY: The Coast Guard is canceling 

the temporary deviation concerning the 

James River Bridge (US17) across the 

James River, mile 5.0, at Isle of Wight 

and Newport News, VA. The deviation 

was necessary to perform bridge 

maintenance and repairs, which have 

been completed. The deviation allowed 

the bridge to remain in the closed-tonavigation position. 

DATES: The temporary deviation 

published on September 16, 2016, in the 

Federal Register (81 FR 63700) is 

cancelled as of October 11, 2016. 

ADDRESSES: The docket for this 

deviation, [USCG–2016–0866] is 

available at http://www.regulations.gov. 

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH’’. 

Click on Open Docket Folder on the line 

associated with this deviation. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this cancelation, 

call or email Mr. Hal R. Pitts, Bridge 

Administration Branch Fifth District, 

Coast Guard, telephone 757–398–6222, 

email Hal.R.Pitts@uscg.mil. 

SUPPLEMENTARY INFORMATION: On 

September 16, 2016, we published a 

temporary deviation entitled 

‘‘Drawbridge Operation Regulation; 

James River, Isle of Wight and Newport 

News, VA’’ in the Federal Register (81 


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