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[Federal Register Volume 78, Number 35 (Thursday, February 21, 2013)]
[Rules and Regulations]
[Pages 11972-11975]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03901]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0036; Directorate Identifier 2009-NM-077-AD; 
Amendment 39-17362; AD 2013-04-05]
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 737-200, -200C, -300, -400, and -500 series 
airplanes. This AD was prompted by reports of cracks in the skin and 
surrounding structure under the number 3 very high frequency (VHF) 
antenna on the lower external surface of the airplane at buttock line 
0.0, aft of the main landing gear wheel well. This AD requires 
inspecting for cracking and corrosion under the number 3 VHF antenna, 
and corrective actions if necessary; and, for certain airplanes, 
replacing bonded skin panels with solid skin panels if not previously 
accomplished. This AD also provides an optional preventive modification 
(which would terminate the inspection requirements for certain 
airplanes). We are issuing this AD to detect and correct cracks and 
corrosion of the skin and surrounding structure under the number 3 VHF 
antenna, which could result in separation of the antenna from the 
airplane, and rapid depressurization of the airplane.

DATES: This AD is effective March 28, 2013.
    The Director of the Federal Register approved the incorporation by 
reference

[[Page 11973]]

of certain publications listed in the AD as of March 28, 2013.

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, Washington. 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, Washington 98057-3356; phone: (425) 917-
6447; fax: (425) 917-6590; email: wayne.lockett@faa.gov.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to 
amend 14 CFR part 39 to include an airworthiness directive (AD) that 
would apply to the specified products. That SNPRM published in the 
Federal Register on March 16, 2012 (77 FR 15640). The original NPRM (75 
FR 19564, April 15, 2010) proposed to require inspections for cracking 
and corrosion under the number 3 VHF antenna, and corrective actions if 
necessary; and, for certain airplanes, replacing bonded skin panels 
with solid skin panels if not previously accomplished. The SNPRM 
proposed to add an optional preventive modification, which would 
terminate the inspection requirements for certain airplanes; change 
certain repairs; and add inspections.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the SNPRM (77 
FR 15640, March 16, 2012) and the FAA's response to each comment.

Support for the SNPRM (77 FR 15640, March 16, 2012)

    The Boeing Company supports the SNPRM (77 FR 15640, March 16, 
2012).

Request To Clarify Required Actions

    United Airlines requested that we revise paragraph (g) of the SNPRM 
(77 FR 15640, March 16, 2012) to more clearly indicate what actions are 
mandated. United Airlines explained that paragraph 1.E., 
``Compliance,'' of Boeing Special Attention Service Bulletin 737-53-
1287, Revision 1, dated November 15, 2010, provides information in a 
tabular format that can be easily misinterpreted, and that for the 
initial inspection, the reader can potentially use two of the initial 
inspection options without knowing that the third inspection is also 
required. As an example, United Airlines explained that in table 1 of 
paragraph 1.E., ``Compliance,'' of Boeing Special Attention Service 
Bulletin 737-53-1287, Revision 1, dated November 15, 2010, the first 
action is to perform external visual inspections, but that action also 
directs operators to paragraph 3.B.3.a., which requires external 
detailed and external high frequency eddy current (HFEC) inspections.
    We agree to clarify. We have eliminated unnecessary repeated 
phrasing (e.g., external detailed, HFEC) from paragraph (g) of this 
final rule to indicate those actions that are mandated.
    The second row, first column of table 1 of paragraph 1.E., 
``Compliance,'' of Boeing Special Attention Service Bulletin 737-53-
1287, Revision 1, dated November 15, 2010, identifies that the action 
specified in the second, third, and fourth row, second column, is to be 
done on all airplanes, and are not optional. All airplanes listed in 
the Applicability section of this AD are required to have those actions 
completed.
    Also, the reference to the Work Instructions paragraphs (e.g., 
3.B.3.a., 3.B.5.a.) direct operators where to find those specific 
actions in the Accomplishment Instructions of the service bulletin.

Request To Delete Requirement

    Southwest Airlines requested that we remove paragraph (h)(2) from 
the supplemental NPRM (77 FR 15640, March 16, 2012). That paragraph 
proposed to require that operators comply with section 121.1109(c)(2) 
or section 129.109(c)(2) of the Federal Aviation Regulations (14 CFR 
121.1109(c)(2) or 14 CFR 129.109(c)(2)) and obtain an approved damage 
tolerance evaluation for any repair installed. Southwest Airlines 
considered that paragraph (h)(2) of the supplemental NPRM contradicts 
the following statement in the preamble of the supplemental NPRM:

    Table 10 in paragraph 1.E., ``Compliance,'' of Boeing Special 
Attention Service Bulletin 737-53-1287, Revision 1, dated November 
15, 2010; and Part 8 of the Accomplishment Instructions of Boeing 
Special Attention Service Bulletin 737-53-1287, Revision 1, dated 
November 15, 2010; specify post-repair/modification inspections at 
the number 3 VHF antenna location, which may be used in support of 
compliance with section 121.1109(c)(2) or 129.109(c)(2) of the 
Federal Aviation Regulations (14 CFR 121.1109(c)(2) or 
129.109(c)(2)), but this supplemental NPRM does not propose to 
require those post-repair/modification inspections.

Southwest Airlines reasoned that the requirement to have a damage 
tolerance assessment is already mandated by 14 CFR 121.1109, and it is 
not necessary to require this in the supplemental NPRM.
    We agree with the commenter's request. We have added new paragraph 
(i) to this final rule and deleted paragraph (h)(2) of the supplemental 
NPRM (77 FR 15640, March 16, 2012)) to clarify that the post-repair/
modification inspections are not required by this AD. We also removed 
the reference to Table 10 of paragraph 1.E., Compliance, of Boeing 
Special Attention Service Bulletin 737-53-1287, Revision 1, dated 
November 15, 2010, and clarified that Part 8 of the Accomplishment 
Instructions of Boeing Special Attention Service Bulletin 737-53-1287, 
Revision 1, dated November 15, 2010, is the appropriate reference for 
the damage tolerance inspections. We have also changed 129.109(c)(2) to 
129.109(b)(2) in Note 1 to paragraph (i) of this final rule.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously--and minor editorial 
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
supplemental NPRM (77 FR 15640, March 16, 2012) for correcting the 
unsafe condition; and

[[Page 11974]]

     Do not add any additional burden upon the public than was 
already proposed in the supplemental NPRM (77 FR 15640, March 16, 
2012).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of the AD.

Costs of Compliance

    We estimate that this AD affects 629 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                      Number of U.S.-
            Action                Labor cost         Parts cost     Cost per product    registered                  Cost on U.S. operators
                                                                                         airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection...................  Up to 13 work-    None.............  Up to $1,105 per             629  Up to $695,045 per inspection cycle.
                                hours x $85 per                      inspection
                                hour = Up to                         cycle.
                                $1,105 per
                                inspection
                                cycle.
Concurrent replacement for     2,112 work-hours  $35,000..........  $214,520........             387  $83,019,240.
 Group 2 and Group 7            x $85 per hour
 airplanes [sup1].              = $179,520.
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\1\ The concurrent modification for Group 2 and Group 7 airplanes required by this AD is already required by AD 90-06-02, Amendment 39-6489 (55 FR 8372,
  March 7, 1990). AD 90-06-02 mandated the skin replacement within 20 years of the manufacture date of the airplane. All Group 2 and Group 7 airplanes
  have exceeded the 20-year threshold.

    We have received no definitive data that would enable us to provide 
a cost estimate for the on-condition actions specified in this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979),
    (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):

2013-04-05 The Boeing Company: Amendment 39-17362; Docket No. FAA-
2010-0036; Directorate Identifier 2009-NM-077-AD.

(a) Effective Date

    This AD is effective March 28, 2013.

(b) Affected ADs

    AD 90-06-02, Amendment 39-6489 (55 FR 8372, March 7, 1990), 
affects this AD.

(c) Applicability

    This AD applies to The Boeing Company Model 737-200, -200C, -
300, -400, and -500 series airplanes, certificated in any category, 
as identified in Boeing Special Attention Service Bulletin 737-53-
1287, Revision 1, dated November 15, 2010.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of cracks of the skin and 
surrounding structure under the number 3 very high frequency (VHF) 
antenna on the lower external surface of the airplane at buttock 
line 0.0, aft of the main landing gear wheel well. We are issuing 
this AD to detect and correct cracks and corrosion of the skin and 
surrounding structure under the number 3 VHF antenna, which could 
result in separation of the antenna from the airplane, and rapid 
depressurization of the airplane.

(f) Compliance

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

(g) Inspections

    Except as required by paragraph (j)(1) of this AD, at the 
applicable times specified in tables 1 through 9 of paragraph 1.E., 
``Compliance,'' of Boeing Special Attention Service Bulletin 737-53-
1287, Revision 1, dated November 15, 2010: Do the applicable 
inspections (external detailed; external high frequency eddy current 
(HFEC); and internal detailed and HFEC) for cracks and corrosion in 
the skin, support, frames, stringers, or antenna, as applicable. Do 
the inspections in accordance with Parts 1, 3, 4, and 5 of the 
Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 737-53-1287, Revision 1, dated November 15, 2010, except as 
required by paragraphs (j)(2) and (j)(3) of this AD. Repeat the 
applicable

[[Page 11975]]

inspections thereafter at the applicable times specified in tables 1 
through 9 of paragraph 1.E., ``Compliance,'' of Boeing Special 
Attention Service Bulletin 737-53-1287, Revision 1, dated November 
15, 2010, until the actions specified in paragraph (k) of this AD 
are done.

(h) Repair

    If any crack or corrosion is found during any inspection 
required by paragraph (g) of this AD: Repair before further flight, 
in accordance with the Accomplishment Instructions of Boeing Special 
Attention Service Bulletin 737-53-1287, Revision 1, dated November 
15, 2010, except as required by paragraphs (j)(2) and (j)(3) of this 
AD. Repair of any crack or corrosion terminates the repetitive 
inspection requirements of paragraph (g) of this AD for the repaired 
area only.

(i) No Post Repair/Modification Inspections

    The post-repair/modification inspections specified in Part 8 of 
the Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 737-53-1287, Revision 1, dated November 15, 2010, are not 
required by this AD.

    Note 1 to paragraph (i) of this AD: The damage tolerance 
inspections specified in Part 8 of the Accomplishment Instructions 
of Boeing Special Attention Service Bulletin 737-53-1287, Revision 
1, dated November 15, 2010, may be used in support of compliance 
with section 121.1109(c)(2) or 129.109(b)(2) of the Federal Aviation 
Regulations (14 CFR 121.1109(c)(2) or 14 CFR 129.109(b)(2)). The 
actions specified in Part 8 of the Accomplishment Instructions and 
corresponding figures of Boeing Special Attention Service Bulletin 
737-53-1287, Revision 1, dated November 15, 2010, are not required 
by this AD.

(j) Exceptions

    (1) Where Boeing Special Attention Service Bulletin 737-53-1287, 
Revision 1, dated November 15, 2010, specifies a compliance time 
``after the original issue date of this 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 737-53-1287, 
Revision 1, dated November 15, 2010, specifies contacting Boeing for 
inspection or repair instructions: Do the applicable action using a 
method approved in accordance with the procedures specified in 
paragraph (n) of this AD.
    (3) For Group 7 airplanes, as identified in paragraph 1.A., 
``Effectivity,'' of Boeing Special Attention Service Bulletin 737-
53-1287, Revision 1, dated November 15, 2010: Use the applicable 
instructions for Group 2, Configuration 1, 2, or 3 airplanes, as 
identified in Boeing Special Attention Service Bulletin 737-53-1287, 
Revision 1, dated November 15, 2010.

(k) Optional Terminating Action

    For Groups 1, 2, 3, 4, 6, and 7 airplanes, as identified in 
Boeing Special Attention Service Bulletin 737-53-1287, Revision 1, 
dated November 15, 2010: Except as provided by paragraphs (j)(2) and 
(j)(3) of this AD, accomplishment of the preventive modification, 
including all applicable HFEC and detailed inspections for cracking 
or corrosion inside or outside the repair skin cutout area, in the 
frame fastener holes, or in the support channel; and all applicable 
repairs or replacements; as specified in the Accomplishment 
Instructions of Boeing Special Attention Service Bulletin 737-53-
1287, Revision 1, dated November 15, 2010, terminates the repetitive 
inspection requirements of paragraph (g) of this AD.

(l) Concurrent Skin Panel Replacement

    For Groups 2 and 7 airplanes, as identified in Boeing Special 
Attention Service Bulletin 737-53-1287, Revision 1, dated November 
15, 2010: Before or concurrently with accomplishing the requirements 
of paragraph (g) of this AD, do the replacement of the bonded skin 
panels with solid skin panels, in accordance with the Accomplishment 
Instructions of Boeing Service Bulletin 737-53A1042, Revision 9, 
dated July 25, 1991, except as required by paragraph (j)(3) of this 
AD. The actions specified in paragraph (l) of this AD are also 
required by AD 90-06-02, Amendment 39-6489 (55 FR 8372, March 7, 
1990).

(m) Credit for Previous Actions

    (1) This paragraph provides credit for the replacement required 
by paragraph (l) of this AD, if the replacement of bonded skin 
panels with solid skin panels was performed before the effective 
date of this AD using the service information identified in 
paragraphs (m)(1)(i), (m)(1)(ii), (m)(1)(iii), and (m)(1)(iv) of 
this AD.
    (i) Boeing Service Bulletin 737-53A1042, Revision 5, dated 
October 5, 1984.
    (ii) Boeing Service Bulletin 737-53A1042, Revision 6, dated 
August 10, 1989.
    (iii) Boeing Service Bulletin 737-53A1042, Revision 7, dated 
October 19, 1989.
    (iv) Boeing Service Bulletin 737-53A1042, Revision 8, dated July 
19, 1990.
    (2) This paragraph provides credit for the inspections required 
by paragraph (g) of this AD, if the inspections were performed 
before the effective date of this AD using Boeing Special Attention 
Service Bulletin 737-53-1287, dated March 11, 2009.

(n) 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 Principal 
Maintenance Inspector or Principal Avionics Inspector, as 
appropriate, or lacking a principal inspector, your local Flight 
Standards 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.

(o) Related Information

    (1) For more information about this AD, contact Wayne Lockett, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle ACO, 
1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 425-917-
6447; fax: 425-917-6590; email: wayne.lockett@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.

(p) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) under 5 U.S.C. 552(a) and 1 CFR 
part 51.
    (2) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Special Attention Service Bulletin 737-53-1287, 
Revision 1, dated November 15, 2010.
    (ii) Boeing Service Bulletin 737-53A1042, Revision 9, dated July 
25, 1991.
    (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 review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221.
    (5) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on February 1, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-03901 Filed 2-20-13; 8:45 am]
BILLING CODE 4910-13-P
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