47148 Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Proposed Rules 

By the Office of Thrift Supervision. 

John E. Bowman, 

Acting Director. 

[FR Doc. E9–21497 Filed 9–14–09; 8:45 am] 

BILLING CODE 6210–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0788; Directorate 

Identifier 2009–NM–193–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 737–300, –400, and –500 Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Boeing Model 737–300, –400, and –500 

series airplanes. This proposed AD 

would require repetitive external nondestructive inspections to detect cracks 

in the fuselage skin along the chem-mill 

step at stringers S–1 and S–2 right, 

between station (STA) 827 and STA 

847, and repair if necessary. This 

proposed AD results from a report of a 

hole in the fuselage skin common to 

stringer S–1 and S–2 left, between STA 

827 and STA 847 on an airplane that 

diverted to an alternate airport due to 

cabin depressurization. We are 

proposing this AD to detect and correct 

fatigue cracking of the fuselage skin 

panels at the chem-milled steps, which 

could result in sudden fracture and 

failure of the fuselage skin panels, and 

consequent rapid decompression of the 

airplane. 

DATES: We must receive comments on 

this proposed AD by October 30, 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 proposed 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. 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 or 425–227–1152. 

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 proposed 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: 

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–2009–0788; Directorate Identifier 

2009–NM–193–AD’’ at the beginning of 

your comments. We specifically invite 

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 

We have received one report from an 

operator of a hole in the fuselage skin 

common to stringer S–1 and S–2 left, 

between station (STA) 827 and STA 

847. The crack started along the chemmill edge along stringer S–1. The 

airplane skin in the area had 20-inch 

tear strap bays, and a structural full pad 

up doubler provision for an emergency 

locator transmitter (ELT) antenna at this 

location. The airplane diverted to an 

alternate airport due to cabin 

depressurization and subsequent 

deployment of the oxygen masks. The 

airplane had accumulated 42,569 total 

flight cycles. The cause of the fatigue 

cracking is under investigation. 

Airplanes with 10-inch tear strap bays 

are also susceptible to cracks at this 

location. This condition, if not 

corrected, could result in sudden 

fracture and failure of the fuselage skin 

panels, and consequent rapid 

decompression of the airplane. 

Relevant Service Information 

We have reviewed Boeing Alert 

Service Bulletin 737–53A1301, dated 

September 3, 2009. The service bulletin 

describes procedures for repetitive 

external non-destructive inspections 

(NDI) to detect cracks in the fuselage 

skin along the chem-mill step at 

stringers S–1 and S–2 right, between 

STA 827 and STA 847, and contacting 

Boeing for repair instructions. The NDI 

inspections that can be used are 

medium frequency eddy current, 

magneto optical imaging, or c-scan. The 

service bulletin specifies that it is not 

necessary to inspect the chem-mill steps 

under an existing repair doubler 

provided all of the following apply: 

• The repair was installed after the 

release date of the service bulletin; 

• The repair was approved by the 

FAA or by a Boeing Company 

Authorized Representative who was 

authorized by the FAA to make such 

findings; and 

• The repair extends a minimum of 

three rows of fasteners on each side of 

the chem-mill line in the 

circumferential direction. 

FAA’s Determination and Requirements 

of This Proposed AD 

We are proposing this AD because we 

evaluated all relevant information and 

determined the unsafe condition 

described previously is likely to exist or 

develop in other products of the same 

type design. 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 

Bulletin.’’ 

Operators should note that paragraph 

(i) of this AD specifies certain 

conditions for terminating the repetitive 


sroberts on DSKD5P82C1PROD with PROPOSALS
Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Proposed Rules 47149 

inspections required by this AD for a 

repaired area only. One of those 

conditions is that the external repair 

doubler be installed after September 3, 

2009. This is the date Boeing Service 

Bulletin 737–53A1301 became available 

to operators to address the identified 

unsafe condition. In any case, an initial 

inspection, as required by paragraph (g) 

of this AD, must still be accomplished. 

Differences Between the Proposed AD 

and the Service Bulletin 

Boeing Alert Service Bulletin 737– 

53A1301, dated September 3, 2009, 

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: 

• Using a method that we approve; or 

• Using data that meet the 

certification basis of the airplane, and 

that have been approved by an 

Authorized Representative for the 

Boeing Commercial Airplanes 

Delegation Option Authorization 

Organization whom we have authorized 

to make those findings. 

Interim Action 

We consider this proposed AD 

interim action. If final action is later 

identified, we might consider further 

rulemaking then. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 135 airplanes of U.S. 

registry. The following table provides 

the estimated costs for U.S. operators to 

comply with this proposed AD. 

TABLE—ESTIMATED COSTS

Action Work hours 

Average 

labor rate 

per hour 

Cost per product 

Number of 

U.S.-registered 

airplanes 

Fleet cost 

Inspection .................................. 2 $80 $160, per inspection cycle ........ 135 $21,600, per inspection 

cycle. 

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 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 this proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

2. Is not a ‘‘significant rule’’ under the 

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. 

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 

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 AD: 

Boeing: Docket No. FAA–2009–0788; 

Directorate Identifier 2009–NM–193–AD. 

Comments Due Date 

(a) We must receive comments by October 

30, 2009. 

Affected ADs 

(b) None. 

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 737–53A1301, 

dated September 3, 2009. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 53: Fuselage. 

Unsafe Condition 

(e) This AD results from a report of a hole 

in the fuselage skin common to stringer 

S–1 and S–2 left, between STA 827 and STA 

847 on an airplane that diverted to an 

alternate airport due to cabin 

depressurization and subsequent deployment 

of the oxygen masks. We are issuing this AD 

to detect and correct fatigue cracking of the 

fuselage skin panels at the chem-milled 

steps, which could result in sudden fracture 

and failure of the fuselage skin panels, and 

consequent rapid decompression of the 

airplane. 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Initial and Repetitive Inspections 

(g) Before the accumulation of 35,000 total 

flight cycles, or within 500 flight cycles after 

the effective date of this AD, whichever 

occurs later: Except as provided by paragraph 

(i) of this AD, do an external non-destructive 

inspection (NDI) to detect cracks in the 

fuselage skin along the chem-mill steps at 

stringers S–1 and S–2 right, between STA 

827 and STA 847, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 737–53A1301, dated 

September 3, 2009. If no cracking is found, 

repeat the inspection thereafter at intervals 

not to exceed 500 flight cycles, except as 

provided by paragraph (i) of this AD. 

Repair 

(h) If any crack is found during any 

inspection required by this AD, and Boeing 

Alert Service Bulletin 737–53A1301, dated 

September 3, 2009, specifies to contact 

Boeing for repair instructions: Before further 

flight, repair the crack using a method 


sroberts on DSKD5P82C1PROD with PROPOSALS
47150 Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Proposed Rules 

approved in accordance with the procedures 

specified in paragraph (j) of this AD. 

Optional Terminating Action for Repetitive 

Inspections 

(i) Installing an external repair doubler 

along the chem-milled steps at stringers S– 

1 and S–2 right, between STA 827 and STA 

847, constitutes terminating action for the 

repetitive inspections required by paragraph 

(g) of this AD for the repaired area only, 

provided all of the conditions specified in 

paragraphs (i)(1), (i)(2), and (i)(3) of this AD 

are met. The initial inspection required by 

paragraph (g) of this AD must be 

accomplished. 

(1) The repair is installed after September 

3, 2009; 

(2) The repair was approved by the FAA 

or by a Boeing Company Authorized 

Representative who was authorized by the 

FAA to make such findings; and 

(3) The repair extends a minimum of three 

rows of fasteners on each side of the chemmill line in the circumferential direction. 

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, FAA, Seattle 

Aircraft Certification Office, 1601 Lind 

Avenue, SW., Renton, Washington 98057– 

3356; telephone (425) 917–6447; fax (425) 

917–6590. Or, e-mail information to 9-ANMSeattle-ACO-AMOC-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. 

Issued in Renton, Washington, on 

September 4, 2009. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–22081 Filed 9–14–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2009–0700; Airspace 

Docket No. 09–AWP–4] 

RIN 2120–AA66 

Proposed Modification of Restricted 

Areas and Other Special Use Airspace; 

Fallon, NV 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend the time of designation and 

using agency of nine restricted areas 

located in the vicinity of the Fallon 

Naval Air Station (NAS), Fallon, NV, as 

part of a Department of the Navy 

initiative to standardize the operating 

hours throughout the Fallon Airspace 

Complex. The times of use are being 

expanded to meet the critical need of 

the Navy for additional nighttime 

training, and the using agency changes 

are administrative in accordance with a 

Navy realignment of functions. 

Additionally, this action would modify 

the times of use of the four military 

operation areas (MOAs) in the Fallon 

Airspace Complex. Unlike restricted 

areas, which are designated under 14 

CFR part 73, MOAs are not rulemaking 

airspace actions. However, since the 

MOAs form an integral part of the 

Fallon Airspace Complex the FAA is 

also seeking comment on the proposed 

MOA changes through this NPRM. The 

MOA changes described here will also 

be published in the National Flight Data 

Digest (NFDD). The Navy requested 

these airspace changes to provide 

additional night training time to meet 

combat readiness requirements 

currently being carried out in 

accordance with 14 CFR 99.7. 

DATES: Comments must be received on 

or before October 30, 2009. 

ADDRESSES: Send comments on the 

proposal to the U.S. Department of 

Transportation, Dockets Operations, M– 

30, 1200 New Jersey Avenue, SE., West 

Building Ground Floor, Room W12–140, 

Washington, DC 20590–0001; telephone: 

(202) 366–9826. You must identify FAA 

docket No. FAA–2009–0700 and 

Airspace Docket No. 09–AWP–4, at the 

beginning of your comments. You may 

also submit comments on the Internet at 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Ken 

McElroy, Airspace and Rules Group, 

Office of System Operations Airspace 

and AIM, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers (FAA Docket No. FAA– 

2009–0700 and Airspace Docket No. 09– 

AWP–4) and be submitted in triplicate 

to the Federal Docket Management 

System (see ADDRESSES section for 

address and phone number). You may 

also submit comments through the 

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

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this action must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to FAA 

Docket No. FAA–2009–0700 and 

Airspace Docket No. 09–AWP–4.’’ The 

postcard will be date/time stamped and 

returned to the commenter. 

All communications received on or 

before the specified closing date for 

comments will be considered before 

taking action on the proposed rule. The 

proposal contained in this action may 

be changed in light of comments 

received. All comments submitted will 

be available for examination in the 

public docket both before and after the 

closing date for comments. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with this rulemaking will be filed in the 

docket. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

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

Recently published rulemaking 

documents can also be accessed through 

the FAA’s Web page at http:// 

www.faa.gov/airports_airtraffic/ 

air_traffic/publicaitons/ 

airspace_amendments/. 

You may review the public docket 

containing the proposal, any comments 

received and any final disposition in 

person in the Dockets Office (see 

ADDRESSES section for address and 


sroberts on DSKD5P82C1PROD with PROPOSALS