This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

45979 

Vol. 74, No. 172 

Tuesday, September 8, 2009 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[Docket Number EERE–2006–STD–0125] 

RIN 1904–AB58 

Energy Conservation Program: Energy 

Conservation Standards for 

Refrigerated Bottled or Canned 

Beverage Vending Machines 

Correction 

In rule document E9–19392 beginning 

on page 44914 in the issue of Monday, 

August 31, 2009, make the following 

correction: 

1. On page 44914, in the first column, 

under the DATES section, in the fourth 

line, ‘‘August 31, 2011’’ should read 

‘‘August 31, 2012’’. 

§431.296 [Corrected] 

2. On page 44967, in § 431.296, in the 

third and fourth lines, ‘‘[Insert date 3 

years from the date of publication of this 

final rule]’’ should read ‘‘August 31, 

2012’’. 

[FR Doc. Z9–19392 Filed 9–4–09; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0787; Directorate 

Identifier 2009–NM–090–AD; Amendment 

39–16015; AD 2009–02–06 R1] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 737–300, –400, and –500 Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are revising an existing 

airworthiness directive (AD) that 

applies to certain Boeing Model 737– 

300, –400, and –500 series airplanes. 

That AD currently requires repetitive 

high frequency eddy current inspections 

for cracking of the 1.04-inch nominal 

diameter wire penetration hole in the 

frame and frame reinforcement, between 

stringers S–20 and S–21, on both the left 

and right sides of the airplane, and 

related investigative and corrective 

actions if necessary. This new AD 

clarifies certain compliance 

requirements. This AD results from 

reports of cracking in the frame, or in 

the frame and frame reinforcement, 

common to the 1.04-inch nominal 

diameter wire penetration hole intended 

for wire routing. We are issuing this AD 

to detect and correct cracking in the 

fuselage frames and frame 

reinforcements, which could reduce the 

structural capability of the frames to 

sustain limit loads, and result in 

cracking in the fuselage skin and 

subsequent rapid depressurization of 

the airplane. 

DATES: This AD is effective September 

23, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of April 15, 2009 (74 FR 10469, 

March 11, 2009). 

We must receive comments on this 

AD by November 9, 2009. 

ADDRESSES: You may send comments 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: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; 

telephone 206–544–5000, extension 1, 

fax 206–766–5680; e-mail 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. 

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 street address for 

the Docket Office (telephone 800–647– 

5527) is in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Wayne Lockett, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 917–6447; fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On January 9, 2009, we issued AD 

2009–02–06, amendment 39–15796 (74 

FR 10469, March 11, 2009), for certain 

Boeing Model 737–300, –400, and –500 

series airplanes. That AD requires 

repetitive high frequency eddy current 

inspections for cracking of the 1.04-inch 

nominal diameter wire penetration hole 

in the frame and frame reinforcement, 

between stringers S–20 and S–21, on 

both the left and right sides of the 

airplane, and related investigative and 

corrective actions if necessary. That AD 

resulted from reports of cracking in the 

frame, or in the frame and frame 

reinforcement, common to the 1.04-inch 

nominal diameter wire penetration hole 

intended for wire routing. We issued 

that AD to detect and correct cracking 

in the fuselage frames and frame 

reinforcements, which could reduce the 

structural capability of the frames to 

sustain limit loads, and result in 

cracking in the fuselage skin and 

subsequent rapid depressurization of 

the airplane. 

Actions Since Existing AD Was Issued 

Since we issued AD 2009–02–06, 

January 9, 2009, amendment 39–15796 

(74 FR 10469, March 11, 2009), we have 

determined that we need to clarify 

certain compliance requirements in the 

existing AD, as follows: 


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45980 Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Rules and Regulations 

• We have inserted a new paragraph 

(g)(1) in this AD to state that while the 

service bulletin specifies compliance 

times in terms of the ‘‘date on this 

service bulletin,’’ this AD requires 

compliance within the specified 

compliance time ‘‘after the effective date 

of this AD.’’ This paragraph appeared in 

the original NPRM, but was 

inadvertently removed from AD 2009– 

02–06. 

• We removed the reference to the 

‘‘Accomplishment Instructions’’ of 

Boeing Alert Service Bulletin 737– 

53A1279, dated December 18, 2007, 

from paragraph (g) of this AD. 

Paragraphs (g)(1) through (g)(4) of this 

AD do not all refer to text located in the 

service bulletin Accomplishment 

Instructions. 

• We added a reference to the 

Accomplishment Instructions of Boeing 

Alert Service Bulletin 737–53A1279, 

dated December 18, 2007, to paragraph 

(i) of this AD to provide the locations of 

‘‘Part 3’’ and ‘‘Part 5,’’ as referenced in 

that paragraph of the AD. 

Changes to Existing AD 

This AD retains all the requirements 

of AD 2009–02–06. Since AD 2009–02– 

06 was issued, the AD format has been 

revised, and certain paragraphs have 

been rearranged. As a result, the 

corresponding paragraph identifiers 

have changed in this AD, as listed in the 

following table: 

REVISED PARAGRAPH IDENTIFIERS

Requirement in AD 

2009–02–06 

Corresponding 

requirement in 

this AD 

Paragraph (d) ................... Paragraph (e). 

Paragraph (e) ................... Paragraph (f). 

Paragraph (f) .................... Paragraph (g). 

Paragraph (g) ................... Paragraph (h). 

Paragraph (h) ................... Paragraph (i). 

Paragraph (i) .................... Paragraph (j). 

Paragraph (j) .................... Paragraph (k). 

FAA’s Determination and Requirements 

of This AD 

We are issuing this AD because the 

unsafe condition described previously is 

likely to exist or develop on other 

products of these same type designs that 

could be registered in the United States 

in the future. This AD revises AD 2009– 

02–06. This AD retains the requirements 

of the existing AD and clarifies certain 

compliance requirements. Since no new 

airplanes are affected by this AD and 

there are no new required actions, 

notice and opportunity for public 

comment before issuing this AD are 

unnecessary. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not provide you with notice and 

an opportunity to provide your 

comments before it becomes effective. 

However, we invite you to send any 

written data, views, or arguments about 

this AD. Send your comments to an 

address listed under the ADDRESSES

section. Include ‘‘Docket No. FAA– 

2009–0787; Directorate Identifier 2009– 

NM–090–AD’’ at the beginning of your 

comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this AD. We will consider all 

comments received by the closing date 

and may amend this 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 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), and 

(3) 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. 

You can find our regulatory 

evaluation and the estimated costs of 

compliance in the AD docket. 

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 

removing amendment 39–15796 (74 FR 

10469, March 11, 2009) and adding the 

following new AD: 

2009–02–06 R1 Boeing: Amendment 39– 

16015. Docket No. FAA–2009–0787; 

Directorate Identifier 2009–NM–090–AD. 

Effective Date 

(a) This airworthiness directive (AD) is 

effective September 23, 2009. 

Affected ADs 

(b) This AD revises AD 2009–02–06. 

Applicability 

(c) This AD applies to Boeing Model 737– 

300, –400, and –500 series airplanes, 

certificated in any category; as identified in 

Boeing Alert Service Bulletin 737–53A1279, 

dated December 18, 2007. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 53: Fuselage. 

Unsafe Condition 

(e) This AD results from reports of cracking 

in the frame, or in the frame and frame 

reinforcement, common to the 1.04-inch 

nominal diameter wire penetration hole 

intended for wire routing. We are issuing this 

AD to detect and correct cracking in the 

fuselage frames and frame reinforcements, 

which could reduce the structural capability 

of the frames to sustain limit loads, and 

result in cracking in the fuselage skin and 

subsequent rapid depressurization of the 

airplane. 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 


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Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Rules and Regulations 45981 

the compliance times specified, unless the 

actions have already been done. 

Restatement of Requirements of AD 2009– 

02–06 With Clarifications of Compliance 

Requirements 

Service Bulletin Reference Paragraph 

(g) The term ‘‘service bulletin,’’ as used in 

this AD, means Boeing Alert Service Bulletin 

737–53A1279, dated December 18, 2007. 

(1) Where the service bulletin specifies a 

compliance time after the date on the service 

bulletin, this AD requires compliance within 

the specified compliance time after the 

effective date of this AD. 

(2) The ‘‘Condition’’ column of paragraph 

1.E., ‘‘Compliance,’’ of Boeing Alert Service 

Bulletin 737–53A1279, dated December 18, 

2007, refers to total flight cycles ‘‘at the date 

given on this service bulletin.’’ However, this 

AD applies to the airplanes with the 

specified total flight cycles as of April 15, 

2009 (the effective date of AD 2009–02–06). 

(3) Where the service bulletin specifies to 

contact Boeing for instructions for removing 

damage and repairing cracking: Before 

further flight, remove the damage or repair 

the cracking using a method approved in 

accordance with the procedures specified in 

paragraph (j) of this AD. 

(4) Although the service bulletin 

referenced in this AD specifies to submit 

information to the manufacturer, this AD 

does not include that requirement. 

Inspections, Related Investigative Actions, 

and Corrective Actions 

(h) At the applicable time specified in 

paragraph 1.E., ‘‘Compliance,’’ of the service 

bulletin, except as specified by paragraph 

(g)(1) of this AD: Do a high frequency eddy 

current (HFEC) surface inspection or an 

HFEC hole/edge inspection for cracking of 

the 1.04-inch nominal diameter wire 

penetration hole in the frame and frame 

reinforcement, between stringer S–20 and S– 

21; and do all applicable related investigative 

and corrective actions by accomplishing all 

the actions specified in the Accomplishment 

Instructions of the service bulletin, except as 

specified by paragraphs (g)(3) and (g)(4) of 

this AD. Do all applicable related 

investigative and corrective actions before 

further flight. Thereafter, repeat the 

inspections at the applicable intervals 

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

the service bulletin. 

Terminating Action 

(i) Doing the repair in Part 3 or the 

preventative modification in Part 5 of the 

Accomplishment Instructions of the service 

bulletin terminates the repetitive inspection 

requirements of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(j)(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. Send information to Attn: Wayne 

Lockett, Aerospace Engineer, Airframe 

Branch, ANM–120S, 1601 Lind Avenue, SW., 

Renton, Washington 98057–3356; telephone 

(425) 917–6447; fax (425) 917–6590. Or, 

e-mail information to 9-ANM-Seattle-ACOAMOC-Requests@faa.gov. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

Office. The AMOC approval letter must 

specifically reference this AD. 

(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 an 

Authorized Representative for the Boeing 

Commercial Airplanes Delegation Option 

Authorization Organization who 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. 

Material Incorporated by Reference 

(k) You must use Boeing Alert Service 

Bulletin 737–53A1279, dated December 18, 

2007, to do the actions required by this AD, 

unless the AD specifies otherwise. 

(1) The Director of the Federal Register 

previously approved the incorporation by 

reference of Boeing Alert Service Bulletin 

737–53A1279, dated December 18, 2007, on 

April 15, 2009 (74 FR 10469, March 11, 

2009). 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; telephone 

206–544–5000, extension 1, fax 206–766– 

5680; e-mail me.boecom@boeing.com; 

Internet https://www.myboeingfleet.com. 

(3) You may review copies of the 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 or 425–227–1152. 

(4) You may also review copies of the 

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/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on August 

26, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–21311 Filed 9–4–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0362; Airspace 

Docket No. 09–ASW–10] 

Establishment of Class D Airspace; 

Arlington, TX 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

airspace at Arlington, TX. Establishment 

of an air traffic control tower at 

Arlington Municipal Airport has made 

this action necessary for the safety and 

management of Instrument Flight Rule 

(IFR) operations at Arlington Municipal 

Airport. 

DATES: 0901 UTC, December 17, 2009. 

The Director of the Federal Register 

approves this incorporation by reference 

action under 1 CFR Part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. 

FOR FURTHER INFORMATION CONTACT: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76137; telephone (817) 321– 

7716. 

SUPPLEMENTARY INFORMATION: 

History 

On June 24, 2009, the FAA published 

in the Federal Register a notice of 

proposed rulemaking to establish Class 

D airspace at Arlington Municipal 

Airport, Arlington, TX. (74 FR 30022, 

Docket No. FAA–2009–0362). Interested 

parties were invited to participate in 

this rulemaking effort by submitting 

written comments on the proposal to the 

FAA. No comments were received. Class 

D airspace designations are published in 

paragraph 5000 of FAA Order 7400.9S, 

signed October 3, 2008, and effective 

October 31, 2008, which is incorporated 

by reference in 14 CFR Part 71.1. The 

Class D airspace designations listed in 

this document will be published 

subsequently in the Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

establishing Class D airspace extending 

upward from the surface up to but not 

including 2,000 feet MSL for the safety 

and management of IFR operations at 

Arlington Municipal Airport, Arlington, 

TX. 


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