73744 Federal Register / Vol. 78, No. 236 / Monday, December 9, 2013 / Proposed Rules 

(a) Comments Due Date 

We must receive comments by January 23, 

2014. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to EADS CASA (Type 

Certificate previously held by Construcciones 

Aeronauticas, S.A.) Model CN–235–300 

airplanes, certificated in any category, 

manufacturer serial numbers (MSN) C–143 

through C–208, inclusive. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 53, Fuselage. 

(e) Reason 

This AD was prompted by reports of 

reduced thickness of the center fuselage 

lower skin panel. We are issuing this AD to 

detect and correct a reduced thickness of 

lower panel joints, which could result in 

reduced fatigue and damage tolerant 

characteristics of the lower panel joint to the 

adjacent side panels and lead to failure of the 

center fuselage lower skin panel, resulting in 

loss of control of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Detailed Visual Inspection 

For airplanes having MSNs C–143 through 

C–195 inclusive, C–201, and C–202: At the 

applicable time specified in paragraph (g)(1) 

or (g)(2) of this AD, do a detailed inspection 

to determine the presence of panel thickness 

reduction of the lower panel joint with the 

side panels at stringer (STR)24 left-hand and 

STR24 right-hand, in accordance with EADS 

CASA All Operator Letter (AOL) 235–024, 

Revision 01, dated March 1, 2013. 

(1) For airplane versions CG01, CL04, 

ED01, GC01, MM01, and SM01: At the later 

of the times specified in paragraphs (g)(1)(i) 

and (g)(1)(ii) of this AD. 

(i) Before the accumulation of 1,900 total 

flight cycles. 

(ii) Within 10 flight cycles or 30 days after 

the effective date of this AD, whichever 

occurs first. 

(2) For any airplane version not identified 

in paragraph (g)(1) of this AD: At the later of 

the times specified in paragraphs (g)(2)(i) and 

(g)(2)(ii) of this AD. 

(i) Before the accumulation of 3,800 total 

flight cycles. 

(ii) Within 10 flight cycles or 30 days after 

the effective date of this AD, whichever 

occurs first. 

(h) Repetitive Non Destructive Test (NDT) 

(1) For airplanes having MSNs C–196 

through C–200 inclusive and C–203 through 

C–208 inclusive, and for airplanes with a 

reduced panel thickness identified during the 

inspection required by paragraph (g) of this 

AD: At the applicable time specified in 

paragraph (g)(1)(i) of this AD (for airplanes 

identified in paragraph (g)(1) of this AD), or 

paragraph (g)(2)(i) of this AD (for airplanes 

identified in paragraph (g)(2) of this AD), or 

within 50 flight cycles after the effective date 

of this AD, whichever occurs later, do a NDT 

inspection for cracking, in accordance with 

EADS CASA AOL 235–024, Revision 01, 

dated March 1, 2013. Repeat the inspection 

thereafter at the applicable time specified in 

paragraph (h)(1)(i) or (h)(1)(ii) of this AD. 

(i) For airplane versions CG01, CL04, ED01, 

GC01, MM01, and SM01: At intervals not to 

exceed 1,000 flight cycles. 

(ii) For airplane versions other than those 

identified in paragraph (h)(1)(i) of this AD: At 

intervals not to exceed 2,000 flight cycles. 

(2) If any cracking is detected during the 

inspection required by paragraph (h)(1) of 

this AD, before further flight, repair using a 

method approved by the Manager, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA; or the European 

Aviation Safety Agency (EASA) (or its 

delegated agent, or the Design Approval 

Holder with EASA design organization 

approval). For a repair method to be 

approved, the repair approval must 

specifically refer to this AD. 

(i) Credit for Previous Actions 

This paragraph provides credit for the 

inspections required by paragraphs (g) and 

(h) of this AD if those actions were performed 

before the effective date of this AD using 

EADS CASA AOL 235–024, dated February 

12, 2013. 

(j) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, 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 International Branch, send it to ATTN: 

Shahram Daneshmandi, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, Washington 98057– 

3356; telephone (425) 227–1112; fax (425) 

227–1149. Information may be emailed to: 9- 

ANM-116-AMOC-REQUESTS@faa.gov. 

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. The AMOC 

approval letter must specifically reference 

this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer, use these actions if they are 

FAA-approved. Corrective actions are 

considered FAA-approved if they were 

approved by the State of Design Authority (or 

its delegated agent, or the Design Approval 

Holder with a State of Design Authority’s 

design organization approval). For a repair 

method to be approved, the repair approval 

must specifically refer to this AD. You are 

required to ensure the product is airworthy 

before it is returned to service. 

(k) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information European 

Aviation Safety Agency Airworthiness 

Directive 2013–0131, dated June 25, 2013, for 

related information. This MCAI may be 

found in the AD docket on the Internet at 

http://www.regulations.gov by searching for 

and locating it in Docket No. FAA–2013– 

0980. 

(2) For service information identified in 

this AD, contact EADS–CASA, Military 

Transport Aircraft Division (MTAD), 

Integrated Customer Services (ICS), 

Technical Services, Avenida de Arago ́n 404, 

28022 Madrid, Spain; telephone +34 91 585 

55 84; fax +34 91 585 55 05; email 

MTA.TechnicalService@casa.eads.net; 

Internet http://www.eads.net. You may view 

this 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. 

Issued in Renton, Washington, on 

December 2, 2013. 

John P. Piccola, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–29320 Filed 12–6–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0268; Directorate 

Identifier 2011–NM–129–AD] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Supplemental notice of 

proposed rulemaking (NPRM); 

reopening of comment period. 

SUMMARY: We are revising an earlier 

supplemental notice of proposed 

rulemaking (SNPRM) for all The Boeing 

Company Model 737–600, -700, -700C, 

-800, -900 and -900ER series airplanes. 

The SNPRM proposed to require 

inspecting for a serial number that starts 

with the letters ‘‘SAIC’’ on the left- and 

right-side horizontal stabilizer 

identification plate; inspecting for 

correct bolt protrusion and chamfer of 

the termination fitting bolts of the 

horizontal stabilizer rear spar, if 

necessary; inspecting to determine if 

certain bolts are installed, if necessary; 

and doing related investigative and 

corrective actions if necessary. The 

SNPRM was prompted by reports of 

incorrectly installed bolts common to 

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the rear spar termination fitting on the 

horizontal stabilizer. This action revises 

the SNPRM by revising the applicable 

thresholds from flight cycles on the 

airplane to flight cycles accumulated on 

the affected horizontal stabilizer. We are 

proposing this SNPRM to prevent loss of 

structural integrity of the horizontal 

stabilizer attachment and loss of control 

of the airplane. Since these actions 

impose an additional burden over that 

proposed in the earlier SNPRM, we are 

reopening the comment period to allow 

the public the chance to comment on 

these proposed changes. 

DATES: We must receive comments on 

this SNPRM by January 23, 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: 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; 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; 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: 

Nancy Marsh, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, 

Seattle Aircraft Certification Office 

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

Washington 98057–3356; phone: 425– 

917–6440; fax: 425–917–6590; email: 

nancy.marsh@faa.gov. 

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–2012–0268; Directorate Identifier 

2011–NM–129–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 issued a supplemental notice of 

proposed rulemaking (SNPRM) to 

amend 14 CFR part 39 by adding an AD 

that would apply to certain The Boeing 

Company Model 737–600, –700, –700C, 

–800, –900, and –900ER series 

airplanes. The SNPRM published in the 

Federal Register on March 7, 2013 (78 

FR 14734). The notice of proposed 

rulemaking (NPRM) published in the 

Federal Register on March 20, 2012 (77 

FR 16188). The SNPRM added airplanes 

to the applicability of the NPRM, which 

proposed to require inspecting for a 

serial number that starts with the letters 

‘‘SAIC’’ on the left- and right-side 

horizontal stabilizer identification plate; 

inspecting for correct bolt protrusion 

and chamfer of the termination fitting 

bolts of the horizontal stabilizer rear 

spar, if necessary; inspecting to 

determine if certain bolts are installed, 

if necessary; and doing related 

investigative and corrective actions if 

necessary. 

Actions Since First SNPRM Was Issued 

Since we issued the first SNPRM (78 

FR 14734, March 7, 2013), we have 

determined that the applicable 

thresholds need to be revised from flight 

cycles on the airplane to flight cycles 

accumulated on the affected horizontal 

stabilizer. 

Comments 

We gave the public the opportunity to 

comment on the first SNPRM (78 FR 

14734, March 7, 2013). The following 

presents the comments received on the 

first SNPRM and the FAA’s response to 

each comment. 

Request To Revise Applicability 

Boeing requested that the 

applicability of the first SNPRM (78 FR 

14734, March 7, 2013) be revised to 

apply only to the airplanes specified in 

Boeing Service Bulletin 737–55–1090, 

dated March 30, 2011, and that the FAA 

establish operator responsibility in lieu 

of revising the applicability to include 

all line numbers. Boeing stated that it is 

the operators’ responsibility to maintain 

records, including flight cycles on 

principal structural elements, and that 

the horizontal stabilizer is not designed 

as a rotable part and no 

interchangeability notes are included on 

drawings. 

We disagree. In the comments to the 

NPRM (77 FR 16188, dated March 20, 

2012), one operator commented that 

stabilizers are rotated among airplanes. 

Therefore, the applicability of the 

NPRM was incorrect. The first SNPRM 

(78 FR 14734, March 7, 2013) was 

issued to open the applicability to ‘‘all’’ 

affected airplane models to address the 

possibility that stabilizers have been (or 

can be) rotated among the fleet. Even if 

an operator knows the stabilizer has 

been rotated to another airplane, if that 

airplane is not included in the 

applicability of this proposed second 

SNPRM, there would be no requirement 

to inspect that stabilizer; hence, this 

SNPRM should apply to all The Boeing 

Company Model 737–600, –700, –700C, 

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

Although the Boeing comment stated 

that the stabilizers are not designed to 

be a rotable part, we note that Boeing 

Document D042A525, ‘‘Compliance 

Document and Repair Evaluation 

Guidelines, Damage Tolerance Data for 

Repairs and Alterations ¥ 14CFR 26 

Subpart F,’’ applicable to the 737–600/ 

700/700C/800/900/900ER fleet, does 

include the horizontal stabilizer in the 

listing of Replaceable Structural 

Components requiring consideration for 

compliance with section 121.1109(c)(2) 

or section 129.109(b)(2) of the Federal 

Aviation Regulations (14 CFR 121 or 14 

CFR 129), as applicable. We have not 

changed this second SNPRM in this 

regard. 

Request To Revise Compliance Time 

Boeing requested that the FAA 

establish operator responsibility by 

adding the following note to the AD: 

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Initial inspection (threshold) and intervals 

are measured in flight cycles or flight hours 

that a particular principle structural element 

(PSE) detail has accumulated regardless of 

what the airframe as a whole has 

accumulated. Most PSE details have never 

been replaced and therefore have 

accumulated the same flight cycles and flight 

hours as the airframe. Some PSE details are 

replaced, such as when installing Removable 

Structural Components (repairable/rotable/

expendables) or installing used structural 

parts as a repair. In these cases the PSE 

details have accumulated flight cycles and 

flight hours that may be different than the 

airframe. The operator must account for this 

in determining when inspections must be 

done. In determining the PSE flight cycles or 

flight hours, operators may use the process 

defined in Advisory Circular 120–93. 

Boeing also proposed to add the note 

to Boeing Service Bulletin 737–55–1090, 

dated March 30, 2011. Boeing stated 

that the note is in use in the 737 

Maintenance Planning Data (MPD) 

Section 9, Airworthiness Limitations 

D926A001–CMR, as well as the MPD 

Airworthiness Limitations sections of 

other Boeing models, to address FAA 

concerns about operators interchanging 

parts during maintenance that Boeing 

had never intended to be rotable. 

We partially agree. We agree with 

clarifying the compliance time for the 

requirements of paragraphs (g) and (h) 

of this second SNPRM by specifying 

total flight cycles accumulated on the 

horizontal stabilizer. Inspection 

thresholds measured in ‘‘total flight 

cycles’’ must be the number of total 

flight cycles accumulated on the 

principal structural element, which may 

differ from airframe cycles if the 

horizontal stabilizer has been rotated to 

a different airplane. We have added 

paragraph (i) to this second SNPRM to 

clarify that the compliance times for 

paragraphs (g) and (h) of this second 

SNPRM are total flight cycles 

accumulated on the horizontal stabilizer 

since new, and we have moved the 

information contained in paragraph (i) 

of the first SNPRM to paragraph (j)(1) of 

this second SNPRM. We disagree that it 

is necessary to add this note to this 

second SNPRM. 

Request To Clarify Applicability 

All Nippon Airways (ANA) requested 

that paragraphs (g) and (h) of the first 

SNPRM (78 FR 14734, March 7, 2013) 

be clarified to specify which airplanes 

are subject to the requirements, since 

the applicability of the SNPRM includes 

airplanes after line number (L/N) 1556, 

which are not addressed by Boeing 

Service Bulletin 737–55–1090, dated 

March 30, 2011. 

We agree. We have revised paragraphs 

(g) and (h) of this second SNPRM to 

specify that Group 1 airplanes are 

Model 737–600, –700, –800, –900 and 

–900ER airplanes, regardless of line 

number, and that Group 2 airplanes are 

Model 737–700C airplanes, regardless of 

line number. We have also added 

paragraphs (j)(4) and (j)(5) to this second 

SNPRM to clarify that, where the service 

information specifies Group 1 airplanes 

as Model 737–600, –700, –800, and –900 

airplanes having line numbers 379 

through 1556 inclusive, this AD 

specifies Group 1 airplanes as all Model 

737–600, –700, –800, –900, and –900ER 

airplanes, regardless of line number, 

and where the service information 

specifies Group 2 airplanes as Model 

737–700C airplanes having line 

numbers 496 through 1548 inclusive, 

this AD specifies Group 2 airplanes as 

all Model 737–700C airplanes, 

regardless of line number. 

Request To Allow Records Check To 

Identify Suspect Horizontal Stabilizers 

All Nippon Airways (ANA) requested 

that we revise paragraph (g) of the first 

SNPRM (78 FR 14734, March 7, 2013) 

to allow a records check of the 

maintenance records and delivery 

documentation to confirm that the 

horizontal stabilizer has not been 

rotated from the airplane. ANA stated 

that, with this revision, the 

requirements of paragraph (g) would not 

apply to airplanes after L/N 1556, even 

if the horizontal stabilizer has a serial 

number beginning with ‘‘SAIC,’’ 

because the discrepant stabilizers were 

delivered on airplanes prior to L/N 

1557. 

We agree. By comparing the 

horizontal stabilizer serial number with 

the serial number shown on the delivery 

documentation for that airplane, an 

operator can confirm that the horizontal 

stabilizer is not subject to the unsafe 

condition. We have revised paragraphs 

(g) and (h) in this second SNPRM by 

adding a provision specifying that a 

review of manufacturer delivery and 

operator maintenance records is 

acceptable to make the determination, if 

the horizontal stabilizer serial number 

can be conclusively identified from that 

review. We also added paragraph (g)(2) 

in this second SNPRM to state that if a 

serial number starting with the letters 

‘‘SAIC’’ is found on a horizontal 

stabilizer identification plate on 

airplanes after L/N 1556, and the serial 

number of the horizontal stabilizer on 

the airplane is the same as the serial 

number in the delivery documentation, 

no further action is required by this 

SNPRM for that horizontal stabilizer. 

Request To Provide Serial Numbers of 

Discrepant Horizontal Stabilizers 

TUIfly Fluggesellschaft mbH 

requested that we revise paragraph (g) of 

the first SNPRM (78 FR 14734, March 7, 

2013) to provide complete serial 

numbers for the discrepant horizontal 

stabilizers identified in the AD, instead 

of using only the first letters, ‘‘SAIC,’’ 

since those horizontal stabilizers having 

a serial number beginning with ‘‘SAIC,’’ 

which were not originally installed in 

airplanes after L/N 1556, are not 

considered to be suspect and should not 

require the inspection. 

We disagree with the request. 

Although identifying the serial numbers 

of all suspect parts would be useful to 

eliminate the need to inspect all 

horizontal stabilizers, we do not have 

this information. If the serial numbers 

are provided to us or to the operators, 

under the provisions of paragraph (l) of 

this second SNPRM, we may approve 

requests to exclude non-suspect 

horizontal stabilizers from the 

requirements of paragraphs (g) and (h) 

of this second SNPRM. We have not 

changed this second SNPRM in this 

regard. 

Request To Clarify Parts Installation 

Limitation 

ANA requested that the parts 

installation limitation specified in 

paragraph (k) of the first SNPRM (78 FR 

14734, March 7, 2013) be clarified to 

exclude horizontal stabilizers that have 

a serial number beginning with ‘‘SAIC’’ 

and that were delivered on airplanes 

after L/N 1556. 

We disagree with revising the 

wording in paragraph (k) of this second 

SNPRM, because each horizontal 

stabilizer rotated after the effective date 

of this second SNPRM must be 

confirmed to be suspect or non-suspect 

as the stabilizer may have been 

previously rotated from another airplane 

having a line number before L/N 1557. 

If the stabilizer is found to be suspect, 

then the inspections required in 

paragraphs (g) and (h) of this second 

SNPRM must be accomplished. We have 

not changed this second SNPRM in this 

regard. 

FAA’s Determination 

We are proposing this second SNPRM 

because we evaluated all the relevant 

information and determined the unsafe 

condition described previously is likely 

to exist or develop in other products of 

these same type designs. Certain 

changes described above expand the 

scope of the SNPRM (78 FR 14734, 

March 7, 2013). As a result, we have 

determined that it is necessary to reopen 

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the comment period to provide 

additional opportunity for the public to 

comment on this second SNPRM. 

Proposed Requirements of This Second 

SNPRM 

This second SNPRM would require 

inspecting for a serial number that starts 

with the letters ‘‘SAIC’’ on the left- and 

right-side horizontal stabilizer 

identification plate; inspecting for 

correct bolt protrusion and chamfer of 

the termination fitting bolts of the 

horizontal stabilizer rear spar, if 

necessary; inspecting to determine if 

certain bolts are installed, if necessary; 

and doing related investigative and 

corrective actions if necessary. 

Clarification of Compliance Time 

While it can be inferred that the 

compliance times stated in Boeing 

Service Bulletin 737–55–1090, dated 

March 30, 2011, are total flight cycles on 

the airplane since new, this second 

SNPRM specifies compliance times as 

total flight cycles accumulated on the 

horizontal stabilizer since new. Also, for 

repetitive inspection intervals, where 

the service information specifies ‘‘flight 

cycles,’’ this second SNPRM clarifies 

‘‘flight cycles accumulated on the 

horizontal stabilizer.’’ 

Explanation of Change Made to This 

Second SNPRM 

We clarified the wording in paragraph 

(g)(2) of this second SNPRM to specify 

that if the serial number found on a 

horizontal stabilizer identification plate 

matches the serial number of the 

horizontal stabilizer stated in the 

delivery documentation of the airplane, 

no further action is required by 

paragraph (g) of this second SNPRM. 

Costs of Compliance 

We estimate that this proposed AD 

affects 1,147 airplanes of U.S. registry. 

We estimate the following costs to 

comply with this proposed AD: 

ESTIMATED COSTS

Action Labor cost Parts 

cost 

Cost per 

product 

Cost on U.S. 

operators 

Inspection ..................................... 1 work-hour × $85 per hour = $85 per inspection cycle .................. $0 $85 $97,495 

Replacement of bolts ................... 17 work-hours × $85 per hour = $1,445 ........................................... 1,530 2,975 3,412,325 

We have received no definitive data 

that would enable us to provide a cost 

estimate for the on-condition actions 

(contacting Boeing and repairing cracks 

or damage) specified in this proposed 

AD. 

According to the manufacturer, some 

of the costs of this proposed AD may be 

covered under warranty, thereby 

reducing the cost impact on affected 

individuals. We do not control warranty 

coverage for affected individuals. As a 

result, we have included all costs in our 

cost estimate. 

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), 

(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 

■ 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): 

The Boeing Company: Docket No. FAA– 

2012–0268; Directorate Identifier 2011– 

NM–129–AD. 

(a) Comments Due Date 

We must receive comments by January 23, 

2014. 

(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:// 

rgl.faa.gov/Regulatory_and_

Guidance_Library/rgstc.nsf/0/

408E012E008616A7862578880060456C?

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 

Air Transport Association (ATA) of 

America Code 55, Stabilizers. 

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73748 Federal Register / Vol. 78, No. 236 / Monday, December 9, 2013 / Proposed Rules 

(e) Unsafe Condition 

This AD was prompted by reports of 

incorrectly installed bolts common to the rear 

spar termination fitting of the horizontal 

stabilizer. We are issuing this AD to prevent 

loss of structural integrity of the horizontal 

stabilizer attachment and loss of control of 

the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Inspecting the Horizontal Stabilizer and 

Corrective Actions 

For Group 1 and Group 2 airplanes 

identified in Boeing Service Bulletin 737–55– 

1090, dated March 30, 2011, except as 

provided by paragraph (j) of this AD: At the 

applicable times specified in paragraph 1.E., 

‘‘Compliance,’’ of Boeing Service Bulletin 

737–55–1090, dated March 30, 2011, except 

as provided by paragraph (i) of this AD, do 

an inspection for a serial number that starts 

with the letters ‘‘SAIC’’ on the identification 

plates of the left- and right-side horizontal 

stabilizers, in accordance with the 

Accomplishment Instructions of Boeing 

Service Bulletin 737–55–1090, dated March 

30, 2011. A review of manufacturer delivery 

and operator maintenance records is 

acceptable to make the determination 

specified in this paragraph if the serial 

number can be conclusively identified from 

that review. 

(1) If no ‘‘SAIC’’ serial number is found, no 

further action is required by paragraph (g) of 

this AD. 

(2) If a serial number starting with the 

letters ‘‘SAIC’’ is found on a horizontal 

stabilizer identification plate on an airplane 

after line number (L/N) 1556, and the serial 

number of the horizontal stabilizer is the 

same as stated in the delivery documentation 

of the airplane, no further action is required 

by paragraph (g) of this AD for that horizontal 

stabilizer. 

(3) If a serial number starting with the 

letters ‘‘SAIC’’ is found on a horizontal 

stabilizer identification plate, except as 

specified in paragraph (g)(2) of this AD: 

Except as provided by paragraphs (i) and (j) 

of this AD, at the applicable times specified 

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

Service Bulletin 737–55–1090, dated March 

30, 2011, do a detailed inspection for correct 

bolt protrusion and correct chamfer of the 

termination fitting bolts of the horizontal 

stabilizer rear spar, in accordance with the 

Accomplishment Instructions of Boeing 

Service Bulletin 737–55–1090, dated March 

30, 2011. Concurrently with the detailed 

inspection, inspect to determine if any bolt 

other than part number (P/N) 

BACB30US14K() or BACB30US16K(), as 

applicable, is installed. Before further flight, 

do all applicable related investigative and 

corrective actions, in accordance with the 

Accomplishment Instructions of Boeing 

Service Bulletin 737–55–1090, dated March 

30, 2011. 

(h) High Frequency Eddy Current (HFEC) 

and Ultrasonic Inspections of Termination 

Fitting and Repair 

For airplanes identified in paragraph (g)(3) 

of this AD at any location where a new bolt 

having a P/N BACB30US14K() is installed as 

corrective action for damage found during 

any inspection required by paragraph (g) of 

this AD: Except as provided by paragraphs (i) 

and (j)(1) of this AD, at the times specified 

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

Service Bulletin 737–55–1090, dated March 

30, 2011, do HFEC and ultrasonic inspections 

for cracking of the forward and aft sides of 

the termination fitting, in accordance with 

the Accomplishment Instructions of Boeing 

Service Bulletin 737–55–1090, dated March 

30, 2011. If any crack is found in any 

termination fitting: Before further flight, 

repair using a method approved in 

accordance with the procedures specified in 

paragraph (l) of this AD. Repeat the HFEC 

and ultrasonic inspections thereafter at 

intervals not to exceed 3,500 flight cycles on 

the horizontal stabilizer. 

(i) Clarification of Compliance Time 

Where the compliance times stated in 

Boeing Service Bulletin 737–55–1090, dated 

March 30, 2011, are ‘‘total flight cycles,’’ the 

compliance time in this AD is total flight 

cycles accumulated on the horizontal 

stabilizer since new. 

(j) Exceptions to Service Information 

Specifications 

(1) Where Boeing Service Bulletin 737–55– 

1090, dated March 30, 2011, specifies a 

compliance time ‘‘after the original issue date 

on the service bulletin,’’ this AD requires 

compliance within the specified compliance 

time after the effective date of this AD. 

(2) Where Figure 1 of Boeing Service 

Bulletin 737–55–1090, dated March 30, 2011, 

points to the location of a part number rather 

than the serial number, this AD requires an 

inspection for an identification plate with a 

serial number that starts with the letters 

‘‘SAIC.’’ 

(3) If, during any inspection required by 

paragraphs (g) and (h) of this AD, any bolt 

other than P/N BACB30US14K() or 

BACB30US16K(), as applicable, is found: 

Before further flight, repair using a method 

approved in accordance with the procedures 

specified in paragraph (l) of this AD. 

(4) Where Boeing Service Bulletin 737–55– 

1090, dated March 30, 2011, identifies Group 

1 airplanes as 737–600, –700, –800, and –900 

airplanes having line numbers 379 through 

1556 inclusive, this AD specifies Group 1 

airplanes as all 737–600, –700, –800, –900, 

and –900ER airplanes, regardless of line 

number. 

(5) Where Boeing Service Bulletin 737–55– 

1090, dated March 30, 2011, identifies Group 

2 airplanes as 737–700C airplanes having 

line number 496 through 1548 inclusive, this 

AD specifies Group 2 airplanes as all 737– 

700C airplanes, regardless of line number. 

(k) Parts Installation Limitation 

As of the effective date of this AD, no 

person may install a horizontal stabilizer on 

any airplane included in the applicability of 

this AD, unless the horizontal stabilizer has 

been inspected and any applicable corrective 

actions done in accordance with paragraphs 

(g) and (h) of this AD. 

(l) 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 (m) 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 

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. 

(m) Related Information 

(1) For more information about this AD, 

contact Nancy Marsh, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, Seattle 

Aircraft Certification Office (ACO), 1601 Lind 

Avenue SW., Renton, Washington 98057– 

3356; phone: 425–917–6440; fax: 425–917– 

6590; email: nancy.marsh@faa.gov. 

(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; 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. 

Issued in Renton, Washington, on 

December 2, 2013. 

John P. Piccola, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–29310 Filed 12–6–13; 8:45 am] 

BILLING CODE 4910–13–P 

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