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[Federal Register Volume 78, Number 87 (Monday, May 6, 2013)]
[Proposed Rules]
[Pages 26286-26289]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10652]

[[Page 26286]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0425; Directorate Identifier 2011-NM-273-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.

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SUMMARY: We are revising an earlier proposed airworthiness directive 
(AD) for all The Boeing Company Model 717-200 airplanes. That NPRM 
proposed requiring repetitive inspections for cracking of the overwing 
frames, and corrective actions if necessary. That NPRM was prompted by 
multiple reports of cracks of overwing frames. This action revises that 
NPRM by revising the initial compliance time and providing an optional 
modification that would extend the compliance time for the next 
repetitive inspection. We are proposing this supplemental NPRM to 
detect and correct such cracking, which could sever a frame and 
increase the loading of adjacent frames, and could result in damage to 
the adjacent structure and consequent loss of structural integrity of 
the airplane. Since certain actions impose an additional burden over 
that proposed in the NPRM, 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 supplemental NPRM by June 20, 
2013.

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, 
3855 Lakewood Boulevard, MC D800-0019, Long Beach, CA 90846-0001; 
telephone 206-544-5000, extension 2; fax 206-766-5683; 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. 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: George Garrido, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-
627-5357; fax: 562-627-5210; email: george.garrido@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-2012-0425; 
Directorate Identifier 2011-NM-273-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 notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to all The Boeing Company 
Model 717-200 airplanes. That NPRM published in the Federal Register on 
May 9, 2012 (77 FR 27142). That NPRM proposed to require repetitive 
inspections for cracking of the overwing frames, and corrective actions 
if necessary.

Actions Since Previous NPRM Was Issued

    Since we issued the previous NPRM (77 FR 27142, May 9, 2012), we 
received additional reports of overwing frame cracks on this model. The 
cracking occurred below the previous NPRM initial compliance time of 
20,000 total flight cycles. Thus, we have determined that a shorter 
compliance time for the initial inspection is necessary.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin 717-53A0034, 
Revision 1, dated November 7, 2012; and Boeing Service Bulletin 717-53-
0035, dated June 8, 2012. For information on the procedures and 
compliance times, see this service information at http://www.regulations.gov by searching for Docket No. FAA-2012-0425.

Comments

    We gave the public the opportunity to comment on the previous NPRM 
(77 FR 27142, May 9, 2012). The following presents the comments 
received on the previous NPRM and the FAA's response to each comment.

Request To Extend Comment Period

    Boeing requested that we revise the original NPRM (77 FR 27142, May 
9, 2012) to extend the comment period for up to 90 additional days to 
give time to assess the information provided in the reports of Model 
717 overwing frame cracks.
    We do not agree with the commenter's request to extend the comment 
period since we are issuing this supplemental NPRM (before issuing the 
final rule), which automatically extends the comment period. We have 
not changed the AD in this regard.

Request To Delay Issuance of AD

    Airtran/Southwest Airlines requested a delay in the issuance of 
this AD until Boeing (the original equipment manufacturer) had time to 
build up an adequate stock of kits and/or frames until frame 
replacements are required.
    We disagree with the request to delay release of the AD since 
Boeing has advised the FAA that the required kits will be available in 
support of the compliance time of the AD. We have not

[[Page 26287]]

changed this supplemental NPRM in this regard.

Request To Add Optional Overwing Frames Modification

    Airtran/Southwest Airlines requested that we revise the original 
NPRM (77 FR 27142, May 9, 2012) to add a paragraph stating:

    If Boeing Service Bulletin 717-53-0035, dated June 8, 2012 is 
accomplished, the inspection of overwing frame(s) for cracks can be 
extended to 45,000 flight cycles from the time of modification of SB 
717-53-0035 and 15,000 flight cycles thereafter.

    We agree with the commenter's request to add a paragraph to add the 
overwing frames modification as an option to the AD because the 
modification provides protection against cracking of the overwing 
frame(s). We disagree that the initial compliance time can be extended 
to 45,000 flight cycles, but agree that the first post-modification 
high frequency eddy current (HFEC) repetitive inspection may be 
extended to 45,000 flight cycles. We have added paragraph (h) to this 
supplemental NPRM to provide this option. We have also revised 
paragraph (g) in this supplemental NPRM to correspond to the 
manufacturer's recommended initial compliance time for the inspections 
before the accumulation of 12,000 total flight cycles, with a 
compliance time of 24 months or 8,275 flight cycles, whichever occurs 
first.

FAA's Determination

    We are proposing this supplemental NPRM because we evaluated all 
the relevant information and determined the unsafe condition described 
previously is likely to exist or develop in other products of the same 
type design. Certain changes described above expand the scope of the 
original NPRM (77 FR 27142, May 9, 2012). As a result, we have 
determined that it is necessary to reopen the comment period to provide 
additional opportunity for the public to comment on this supplemental 
NPRM.

Proposed Requirements of the Supplemental NPRM

    This supplemental NPRM would require accomplishing the actions 
specified in the service information described previously, except as 
discussed under ``Differences Between the Supplemental NPRM and the 
Service Information.''

Differences Between the Supplemental NPRM and the Service Information

    Boeing Service Bulletin 717-53-0035, dated June 8, 2012, specifies 
to contact the manufacturer for FAA-approved repair instructions. 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 ODA whom we have authorized to make 
those findings.
    Where Boeing Alert Service Bulletin 717-53A0034, Revision 1, dated 
November 7, 2012, provides a compliance time for the initial inspection 
(specified in paragraph (g) of this supplemental NPRM) of before 12,000 
total flight cycles or within 8,275 flight cycles after the effective 
date of this AD, whichever occurs later, this AD provides a compliance 
time of the later of either before the accumulation of 12,000 total 
flight cycles, or within 8,275 flight cycles or 24 months after the 
effective date of this AD, whichever occurs first. In developing an 
appropriate compliance time for this AD, we considered not only the 
manufacturer's recommendation, but the degree of urgency associated 
with addressing the subject unsafe condition, the average utilization 
of the affected fleet, and the time necessary to perform the 
inspections. In light of all of these factors, we find a minimum 
compliance time of 24 months or 8,275 flight cycles after the effective 
date of this AD for completing the required actions to be warranted, in 
that it represents an appropriate interval of time for affected 
airplanes to continue to operate without compromising safety. This 
difference has been coordinated with Boeing.

Costs of Compliance

    We estimate that this proposed AD affects 129 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                Cost on U.S.
            Action                Labor cost         Parts cost         Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspections..................  46 work-hours x  $0..................  $3,910..............  $504,390.
                                $85 per hour =
                                $3,910 per
                                inspection
                                cycle.
Installation of optional       30 work-hours x  Up to $2,727........  Up to $5,277........  Up to $680,733.
 modification.                  $85 per hour =
                                $2,550 per
                                inspection
                                cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements/
repairs that would be required based on the results of the proposed 
inspections. We have no way of determining the number of aircraft that 
might need these replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
              Action                      Labor cost               Parts cost               Cost per product
----------------------------------------------------------------------------------------------------------------
Blendout repair...................  12 work-hours x $85    $0........................  $1,020.
                                     per hour = $1,020.
Replacement of a frame station....  130 work-hours x $85   Up to $86,977.............  Up to $98,027.
                                     per hour = $11,050.
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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

[[Page 26288]]

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

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):

The Boeing Company: Docket No. FAA-2012-0425; Directorate Identifier 
2011-NM-273-AD.

(a) Comments Due Date

    We must receive comments by June 20, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 717-200 
airplanes, certificated in any category.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by multiple reports of cracks of overwing 
frames. We are issuing this AD to detect and correct such cracking 
that could sever a frame, which may increase the loading of adjacent 
frames, and result in damage to the adjacent structure and 
consequent loss of structural integrity of the airplane.

(f) Compliance

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

(g) Inspections and Corrective Actions

    At the later of the times specified in paragraphs (g)(1) and 
(g)(2) of this AD: Do a general visual inspection and a high 
frequency eddy current (HFEC) inspection for cracking of the left-
side and right-side overwing frames at stations 674, 696, and 715; 
and do all applicable corrective actions; in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin 717-
53A0034, Revision 1, dated November 7, 2012. Repeat the inspections 
thereafter at the applicable time specified in paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 717-53A0034, 
Revision 1, dated November 7, 2012, except as provided by paragraph 
(h) of this AD.
    (1) Before the accumulation of 12,000 total flight cycles.
    (2) Within 24 months or 8,275 flight cycles after the effective 
date of this AD, whichever occurs first.

(h) Optional Terminating Action

    Modification of left-side and right-side overwing frames at 
stations 674, 696, and 715, in accordance with the Accomplishment 
Instructions of Boeing Service Bulletin 717-53-0035, dated June 8, 
2012, terminates the inspections required by paragraph (g) of this 
AD, and extends the compliance time of the modified area for the 
next repetitive HFEC inspection to 45,000 flight cycles after the 
modification, provided that the actions in paragraphs (h)(1), 
(h)(2), and (h)(3) of this AD are accomplished, in accordance with 
the Accomplishment Instructions of Boeing Alert Service Bulletin 
717-53-0035, dated June 8, 2012. Do the inspections specified in 
paragraph (g) of this AD prior to, or concurrently with, the 
modification specified in paragraph (h) of this AD.
    (1) The overwing frame improvement modification of left-side and 
right-side overwing frames at stations 674, 696, and 715 is 
installed and HFEC inspection is done within 45,000 flight cycles 
from the time the modification is installed, in accordance with the 
Accomplishment Instructions of Boeing Service Bulletin 717-53-0035, 
dated June 8, 2012.
    (2) If no crack is found during any inspection specified by 
paragraph (h)(1) of this AD, the HFEC inspections at the modified 
area are repeated thereafter at the applicable time specified in 
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 
717-53-0035, dated June 8, 2012.
    (3) If any crack is found during any inspection specified by 
paragraph (h)(1) of this AD, the frame is repaired or replaced using 
a method approved in accordance with the procedures specified in 
paragraph (j) of this AD, before further flight.

(i) Credit for Previous Actions

    This paragraph provides credit for the actions required by 
paragraph (g) of this AD, if the general visual inspection and HFEC 
inspection for cracking of the left-side and right-side overwing 
frames at stations 674, 696, and 715, and the applicable related 
investigative and corrective actions, were performed before the 
effective date of this AD using Boeing Alert Service Bulletin 717-
53A0034, dated October 5, 2011, which is not incorporated by 
reference in this AD.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles 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.
    (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, Los Angeles ACO to 
make those findings. For a repair method to be approved, the repair 
must meet the certification basis of the airplane and 14 FR 25.571, 
Amendment 45, and the approval must specifically refer to this AD.

(k) Related Information

    (1) For more information about this AD, contact George Garrido, 
Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles 
Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, 
CA 90712-4137; phone: 562-627-5357; fax: 562-627-5210; email: 
george.garrido@faa.gov.
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
3855 Lakewood Boulevard, MC D800-0019, Long Beach, CA 90846-0001; 
telephone 206-544-5000, extension 2; fax 206-766-5683; 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.

[[Page 26289]]

For information on the availability of this material at the FAA, 
call 425-227-1221.

    Issued in Renton, Washington, on April 26, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-10652 Filed 5-3-13; 8:45 am]
BILLING CODE 4910-13-P
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