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[Federal Register Volume 77, Number 194 (Friday, October 5, 2012)]
[Rules and Regulations]
[Pages 60889-60891]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24280]

[[Page 60889]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0491; Directorate Identifier 2011-NM-265-AD; 
Amendment 39-17207; AD 2012-20-01]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
The Boeing Company Model 737-100, -200, and -200C series airplanes. 
This AD was prompted by a report of a severed upper butt strap, and 
cracks in the forward skin and bonded doubler, on one airplane. This AD 
requires repetitive inspections for cracks and a chemical spot test in 
the area of station (STA) 908, and related investigative and corrective 
actions, if necessary. For certain airplanes, this AD requires an 
inspection and modification. We are issuing this AD to prevent cracks 
at the adjacent mating skins (forward and aft), which could initiate 
just above stringers S-4R and S-4L; and could grow and result in a 
decompression event.

DATES: This AD is effective November 9, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of November 9, 
2012.

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, WA 98057-3356. 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 June 4, 2012 (77 FR 
32918). That NPRM proposed to require repetitive inspections for cracks 
and a chemical spot test in the area of STA 908, and related 
investigative and corrective actions, if necessary. For certain 
airplanes, that NPRM also proposed to require an inspection and 
modification.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comment received on the proposal 
(77 FR 32918, June 4, 2012) and the FAA's response to the comment.

Request To Relocate Terminating Action Statement

    Boeing requested that we relocate the terminating action statement 
related to confirmed 2000 series aluminum from paragraph (h)(2) of the 
NPRM (77 FR 32918, June 4, 2012) to paragraph (j) of the NPRM.
    We disagree with the request to relocate the sentence. The 
terminating action specified in paragraph (h)(2) of this AD only 
terminates the actions specified in paragraph (h)(1) of this AD. 
Paragraph (j) of the AD allows operators to forego all requirements of 
this AD, including the initial inspection, repetitive inspections, and 
chemical spot test requirements, by replacing the butt strap with a new 
part made of the correct material, and doing related investigative and 
corrective actions, as applicable. No change has been made to the AD in 
this regard.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting the 
AD as proposed.

Costs of Compliance

    We estimate that this AD affects 61 airplanes of U.S registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
             Action                     Labor cost          Parts cost     Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection and test............  166 work-hours x $85                 $0  $14,110 per         $860,710 per
                                  per hour = $14,110 per                   inspection cycle.   inspection cycle.
                                  inspection cycle.
----------------------------------------------------------------------------------------------------------------

    In addition, we have received no definitive data that would enable 
us to provide cost estimates for the actions that would be required for 
Group 1 airplanes.
    We estimate the following costs to do any necessary related 
investigative actions, repairs, and installations that would be 
required based on the results of the inspection and test. We have no 
way of determining the number of aircraft that might need these 
actions:

[[Page 60890]]

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Related investigative actions, repair,          173 work-hours x $85 per hour =               $0         $14,705
 installation.                                   $14,705.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this 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

    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

0
1. The authority citation for part 39 continues to read as follows:

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2012-20-01 The Boeing Company: Amendment 39-17207; Docket No. FAA-
2012-0491; Directorate Identifier 2011-NM-265-AD.

(a) Effective Date

    This AD is effective November 9, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 737-100, -200, and -
200C series airplanes; certificated in any category; as identified 
in Boeing Special Attention Service Bulletin 737-53-1313, dated 
November 3, 2011.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 53; Fuselage.

(e) Unsafe Condition

    This AD was prompted by a report of a severed upper butt strap, 
and cracks in the forward skin and bonded doubler, on one airplane. 
We are issuing this AD to prevent cracks at the adjacent mating 
skins (forward and aft), which could initiate just above stringers 
S-4R and S-4L; and could grow and result in a decompression event.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Actions for Group 1 Airplanes

    For Group 1 airplanes, as identified in Boeing Special Attention 
Service Bulletin 737-53-1313, dated November 3, 2011: Within 120 
days after the effective date of this AD, inspect and modify, as 
required, using a method approved in accordance with the procedures 
specified in paragraph (k) of this AD.

(h) Actions for Groups 2 and 3 Airplanes

    For Groups 2 and 3 airplanes, as identified in Boeing Special 
Attention Service Bulletin 737-53-1313, dated November 3, 2011: 
Except as provided by paragraph (i)(1) of this AD, at the applicable 
times identified in paragraph 1.E., ``Compliance,'' of Boeing 
Special Attention Service Bulletin 737-53-1313, dated November 3, 
2011, do the actions specified in paragraphs (h)(1) and (h)(2) of 
this AD, in accordance with the Accomplishment Instructions of 
Boeing Special Attention Service Bulletin 737-53-1313, dated 
November 3, 2011, except as provided by paragraph (i)(2) of this AD.
    (1) Do one of the inspection options identified in paragraphs 
(h)(1)(i), (h)(1)(ii), and (h)(1)(iii) of this AD; and do all 
applicable related investigative and corrective actions. Do all 
applicable related investigative and corrective actions before 
further flight.
    (i) Inspection Option 1: Do a detailed inspection for cracks of 
the station (STA) 908 forward and aft skin. Thereafter, repeat the 
inspection at intervals not to exceed 500 flight cycles until the 
chemical spot test required by paragraph (h)(2) of this AD is done.
    (ii) Inspection Option 2: Do a one-time external low-frequency 
eddy current (LFEC) inspection for cracks of the STA 908 upper butt 
strap.
    (iii) Inspection Option 3: Do a one-time internal LFEC 
inspection for cracks of the STA 908 upper butt strap.
    (2) Do a chemical spot test of the STA 908 upper butt strap to 
determine the part material, and do all applicable related 
investigative and corrective actions. Do all applicable related 
investigative and corrective actions at the times specified in 
paragraph 1.E., ``Compliance,'' of Boeing Special Attention Service 
Bulletin 737-53-1313, dated November 3, 2011, except as provided by 
paragraph (i)(1) of this AD. Confirming the upper butt strap is made 
from 2000 series aluminum terminates the inspections required by 
paragraph (h)(1) of this AD.

(i) Exceptions to the Service Information

    (1) Where Boeing Special Attention Service Bulletin 737-53-1313, 
dated November 3, 2011, specifies a compliance time ``after the 
original issue date of the service bulletin,'' this AD requires 
compliance within the specified compliance time after the effective 
date of this AD.
    (2) Where Boeing Special Attention Service Bulletin 737-53-1313, 
dated November 3, 2011, specifies to contact Boeing for repair

[[Page 60891]]

instructions: Before further flight, repair using a method approved 
in accordance with the procedures specified in paragraph (k) of this 
AD.

(j) Terminating Action

    Replacing the STA 908 upper butt strap and doing all applicable 
related investigative and corrective actions, in accordance with 
Part 4, Part 5, and Part 6, of the Accomplishment Instructions of 
Boeing Special Attention Service Bulletin 737-53-1313, dated 
November 3, 2011, except as provided by paragraph (i)(2) of this AD, 
terminates the inspections and chemical spot test required by this 
AD.

(k) 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-ANM-Seattle-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.

(l) 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.

(m) 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 Special Attention Service Bulletin 737-53-1313, dated 
November 3, 2011.
    (ii) Reserved.
    (3) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com.
    (4) You may view this service information at FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
(425) 227-1221.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on September 21, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-24280 Filed 10-4-12; 8:45 am]
BILLING CODE 4910-13-P
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