24338 Federal Register / Vol. 78, No. 80 / Thursday, April 25, 2013 / Rules and Regulations 

2252, 2261–2273); 28 U.S.C. 2461 note; and 

42 U.S.C. 4012a(f). 

■ 2. Revise § 622.61 to read as follows: 

§ 622.61 Adjustment of civil money 

penalties by the rate of inflation under the 

Federal Civil Penalties Inflation Adjustment 

Act of 1990, as amended. 

(a) The maximum amount of each 

civil money penalty within FCA’s 

jurisdiction is adjusted in accordance 

with the Federal Civil Penalties 

Inflation Adjustment Act of 1990, as 

amended (28 U.S.C. 2461 note), as 

follows: 

(1) Amount of civil money penalty 

imposed under section 5.32 of the Act 

for violation of a final order issued 

under section 5.25 or 5.26 of the Act: 

The maximum daily amount is $1,100 

for violations occurring before July 1, 

2013, and $2,100 for violations that 

occur on or after July 1, 2013. 

(2) Amount of civil money penalty for 

violation of the Act or regulations: the 

maximum daily amount is $650 for each 

violation that occurs on or after March 

16, 2005, but before January 16, 2009, 

and $750 for each violation that occurs 

on or after January 16, 2009. 

(b) The maximum civil money penalty 

amount assessed under 42 U.S.C. 

4012a(f) is: $385 for each violation that 

occurs on or after March 16, 2005, but 

before January 16, 2009, with total 

penalties under such statute not to 

exceed $110,000 for any single 

institution during any calendar year; 

$385 for each violation that occurs on or 

after January 16, 2009, but before July 1, 

2013, with total penalties under such 

statute not to exceed $120,000 for any 

single institution during any calendar 

year; and $2,000 for each violation that 

occurs on or after July 1, 2013, with no 

cap on the total amount of penalties that 

can be assessed against any single 

institution during any calendar year. 

Dated: April 19, 2013. 

Dale Aultman, 

Secretary, Farm Credit Administration Board. 

[FR Doc. 2013–09807 Filed 4–24–13; 8:45 am] 

BILLING CODE 6705–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0935; Directorate 

Identifier 2011–NM–256–AD; Amendment 

39–17428; AD 2013–08–11] 

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 737–900 

and –900ER series airplanes. This AD 

was prompted by reports of early fatigue 

cracks at chem-mill areas on the crown 

skin panels. This AD requires repetitive 

inspections for cracking of the fuselage 

skin along chem-mill steps at certain 

crown skin and shear wrinkle areas, and 

repair if necessary. We are issuing this 

AD to detect and correct fatigue 

cracking of the skin panel at the 

specified chem-mill step locations, 

which could result in rapid 

decompression of the airplane. 

DATES: This AD is effective May 30, 

2013. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of May 30, 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, Washington. 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: 

Wayne.Lockett@faa.gov. 

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 September 18, 2012 (77 FR 

57539). That NPRM proposed to require 

repetitive inspections for cracking of the 

fuselage skin along chem-mill steps at 

certain crown skin and shear wrinkle 

areas, and repair if necessary. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. The 

following presents the comments 

received on the proposal (77 FR 57539, 

September 18, 2012) and the FAA’s 

response to each comment. 

Request to Revise Federal Aviation 

Regulations Citations 

Boeing stated that references to 

section 129.109(c)(2) of the Federal 

Aviation Regulations (14 CFR 

129.109(c)(2)) are incorrect, since that 

paragraph does not exist in the current 

revision of the Federal Aviation 

Regulations and that the correct 

paragraph reference is section 

129.109(b)(2). Boeing noted that this 

error occurred in the second paragraph 

of the ‘‘Differences Between the 

Proposed AD and the Service 

Information’’ section, and in Note 1 to 

paragraph (l) of the proposed AD (77 FR 

57539, September 18, 2012). 

We agree that the specified references 

are incorrect. We agree that the citation 

in the proposed AD (77 FR 57539, 

September 18, 2012) is inaccurate, but 

since that section of the preamble does 

not reappear in this AD, no 

corresponding change to this AD is 

necessary. We have corrected the 

citation in Note 1 to paragraph (l) of this 

AD. 

Winglet Supplemental Type Certificate 

(STC) Comment 

Aviation Partners Boeing stated that 

the installation of winglets per STC 

ST00830SE (http://rgl.faa.gov/

Regulatory_and_Guidance_Library/


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Federal Register / Vol. 78, No. 80 / Thursday, April 25, 2013 / Rules and Regulations 24339 

rgstc.nsf/0/

408E012E008616A786257888006

0456C?OpenDocument&Highlight=

st00830se) does not affect the actions 

specified in the NPRM (77 FR 57539, 

September 18, 2012). 

We concur. We have added paragraph 

(c)(2) to this AD to state that installation 

of STC ST00830SE (http://rgl.faa.gov/

Regulatory_and_Guidance_Library/

rgstc.nsf/0/408E012E008616

A7862578880060456C?

OpenDocument&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. 

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 

and minor editorial changes. We have 

determined that these minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM (77 FR 

57539, September 18, 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 57539, 

September 18, 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 58 

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 of chem-mill step 

locations.

31 work-hours × $85 per hour 

= $2,635, per inspection 

cycle.

None .............. $2,635, per inspection cycle .. $152,830, per inspection 

cycle. 

We have received no definitive data 

that would 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 irective 

(AD): 

2013–08–11 The Boeing Company: 

Amendment 39–17428; Docket No. 

FAA–2012–0935; Directorate Identifier 

2011–NM–256–AD. 

(a) Effective Date 

This AD is effective May 30, 2013. 

(b) Affected ADs 

None. 

(c) Applicability 

(1) This AD applies to The Boeing 

Company Model 737–900 and –900ER series 

airplanes, certificated in any category, as 

identified in Boeing Service Bulletin 737–53– 

1312, dated October 21, 2011, as revised by 

Boeing Service Bulletin 737–53–1312, 

Revision 1, dated March 14, 2012. 

(2) Installation of Supplemental Type 

Certificate (STC) ST00830SE (http://rgl.faa.

gov/Regulatory_and_Guidance_Library/rgstc.

nsf/0/408E012E008616A786257888

0060456C?OpenDocument&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 

Joint Aircraft System Component (JASC)/ 

Air Transport Association (ATA) of America 

Code 53; Fuselage. 

(e) Unsafe Condition 

This AD was prompted by reports of early 

fatigue cracks at chem-mill areas on the 

crown skin panels. We are issuing this AD to 

detect and correct fatigue cracking of the skin 

panel at the specified chem-mill step 

locations, which could result in rapid 

decompression of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Inspections of Crown Skin Areas 

At the applicable time specified in 

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

Service Bulletin 737–53–1312, dated October 


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24340 Federal Register / Vol. 78, No. 80 / Thursday, April 25, 2013 / Rules and Regulations 

21, 2011, as revised by Boeing Service 

Bulletin 737–53–1312, Revision 1, dated 

March 14, 2012, except as required by 

paragraph (k) of this AD: Do an external 

detailed inspection and an external 

nondestructive inspection (a medium 

frequency eddy current (MFEC), magneto 

optic imager (MOI), C-scan, or ultrasonic 

phased array (UTPA) inspection) for cracking 

in the fuselage skin along the chem-mill steps 

at certain locations specified in, and in 

accordance with, the Accomplishment 

Instructions of Boeing Service Bulletin 737– 

53–1312, dated October 21, 2011, as revised 

by Boeing Service Bulletin 737–53–1312, 

Revision 1, dated March 14, 2012. Repeat the 

inspections thereafter at the applicable times 

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

Boeing Service Bulletin 737–53–1312, dated 

October 21, 2011, as revised by Boeing 

Service Bulletin 737–53–1312, Revision 1, 

dated March 14, 2012. 

(h) Inspections of Shear Wrinkle Areas 

For Group 1 airplanes as identified in 

Boeing Service Bulletin 737–53–1312, dated 

October 21, 2011, as revised by Boeing 

Service Bulletin 737–53–1312, Revision 1, 

dated March 14, 2012: At the applicable time 

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

Boeing Service Bulletin 737–53–1312, dated 

October 21, 2011, as revised by Boeing 

Service Bulletin 737–53–1312, Revision 1, 

dated March 14, 2012, except as required by 

paragraph (k) of this AD, do an external 

detailed inspection and an external 

nondestructive inspection (MFEC, MOI, Cscan, or UTPA) for cracking in the fuselage 

skin along the chem-mill steps at certain 

shear wrinkle locations specified in, and in 

accordance with, the Accomplishment 

Instructions of Boeing Service Bulletin 737– 

53–1312, dated October 21, 2011, as revised 

by Boeing Service Bulletin 737–53–1312, 

Revision 1, dated March 14, 2012. Repeat the 

inspections thereafter at the applicable times 

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

Boeing Service Bulletin 737–53–1312, dated 

October 21, 2011, as revised by Boeing 

Service Bulletin 737–53–1312, Revision 1, 

dated March 14, 2012. 

(i) Repair 

If any cracking is found during any 

inspection required by either paragraph (g) or 

(h) of this AD, before further flight, repair the 

cracking using a method approved in 

accordance with the procedures specified in 

paragraph (m) of this AD. Accomplishing the 

repair approved in accordance with the 

procedures specified in paragraph (m) of this 

AD terminates the repetitive inspection 

requirement for that area under the repair 

only. 

(j) Optional Terminating Modification 

Modification of an inspection area 

specified in paragraph (g) of this AD, 

including doing an external detailed 

inspection and an external nondestructive 

inspection (MFEC, MOI, C-scan, or UTPA) for 

cracking of the area to be modified, and a 

high frequency eddy current inspection of all 

existing holes for cracking as applicable, in 

accordance with the Accomplishment 

Instructions of Boeing Service Bulletin 737– 

53–1312, dated October 21, 2011, as revised 

by Boeing Service Bulletin 737–53–1312, 

Revision 1, dated March 14, 2012, terminates 

the repetitive inspections required by 

paragraph (g) of this AD for that modified 

area only. If any cracking is found during any 

inspection described by this paragraph, 

before further flight, repair the cracking using 

a method approved in accordance with the 

procedures specified in paragraph (m) of this 

AD. 

(k) Service Bulletin Exception 

Boeing Service Bulletin 737–53–1312, 

dated October 21, 2011, as revised by Boeing 

Service Bulletin 737–53–1312, Revision 1, 

dated March 14, 2012, specifies compliance 

times ‘‘after the original issue date of this 

service bulletin.’’ However, this AD requires 

compliance within the specified compliance 

times ‘‘after the effective date of this AD.’’ 

(l) Post-Modification Inspections 

The post-modification inspections 

specified in Tables 3 and 4 of paragraph 1.E., 

‘‘Compliance,’’ of Boeing Service Bulletin 

737–53–1312, dated October 21, 2011, as 

revised by Boeing Service Bulletin 737–53– 

1312, Revision 1, dated March 14, 2012, are 

not required by this AD. 

Note 1 to paragraph (l) of this AD: The 

damage tolerance inspections specified in 

Tables 3 and 4 of paragraph 1.E., 

‘‘Compliance,’’ of Boeing Service Bulletin 

737–53–1312, dated October 21, 2011, as 

revised by Boeing Service Bulletin 737–53– 

1312, Revision 1, dated March 14, 2012, may 

be used in support of compliance with 

section 121.1109(c)(2) or 129.109(b)(2) of the 

Federal Aviation Regulations (14 CFR 

121.1109(c)(2) or 14 CFR 129.109(b)(2)). The 

actions specified in Part 5 of the 

Accomplishment Instructions and 

corresponding figures of Boeing Service 

Bulletin 737–53–1312, dated October 21, 

2011, as revised by Boeing Service Bulletin 

737–53–1312, Revision 1, dated March 14, 

2012, are not required by this AD. 

(m) 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: 9-ANMSeattle-ACO-AMOC-Requests@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 

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. 

(n) 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: Wayne.Lockett@faa.gov. 

(o) 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 Service Bulletin 737–53–1312, 

dated October 21, 2011. 

(ii) Boeing Service Bulletin 737–53–1312, 

Revision 1, dated March 14, 2012. 

(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, Washington. 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 April 4, 

2013. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–08996 Filed 4–24–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0330; Directorate 

Identifier 2013–NM–051–AD; Amendment 

39–17427; AD 2013–08–10] 

RIN 2120–AA64 

Airworthiness Directives; Kelowna 

Flightcraft R & D Ltd. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 


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