Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Rules and Regulations 14711 

(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 Alert Service Bulletin 747– 

53A2808, dated November 30, 2012. 

(ii) Boeing Service Bulletin 747–53A2465, 

Revision 5, dated July 11, 2013. 

(iii) Boeing Service Bulletin 747–53A2562, 

Revision 3, dated July 11, 2013. 

(3) For Boeing 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 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. 

(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/ibrlocations.html. 

Issued in Renton, Washington, on March 9, 

2016. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2016–06001 Filed 3–17–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2015–0495; Directorate 

Identifier 2014–NM–172–AD; Amendment 

39–18435; AD 2016–06–04] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

The Boeing Company Model 737–300, 

–400, and –500 series airplanes. This 

AD was prompted by reports of cracking 

at certain fastener locations in the 

window corners of the window belt 

area. This AD requires repetitive high 

frequency eddy current (HFEC) 

inspections for fatigue cracking in 

certain fastener locations in the window 

corners of the window belt area, and 

related investigative and corrective 

actions if necessary. This AD also 

provides an optional preventive 

modification that terminates the 

inspections at the modified location. We 

are issuing this AD to detect and correct 

fatigue cracking around fastener 

locations that could cause multiple 

window corner skin cracks, which 

could result in rapid decompression and 

loss of structural integrity of the 

airplane. 

DATES: This AD is effective April 22, 

2016. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of April 22, 2016. 

ADDRESSES: For service information 

identified in this final rule, 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 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. It is also 

available on the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2015– 

0495. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2015– 

0495; 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 

Docket 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: 

Jennifer Tsakoumakis, Aerospace 

Engineer, Airframe Branch, ANM–120L, 

FAA, Los Angeles Aircraft Certification 

Office (ACO), 3960 Paramount 

Boulevard, Lakewood, CA 90712–4137; 

phone: 562–627–5264; fax: 562–627– 

5210; email: jennifer.tsakoumakis@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to certain The Boeing Company 

Model 737–300, –400, and –500 series 

airplanes. The NPRM published in the 

Federal Register on March 24, 2015 (80 

FR 15523) (‘‘the NPRM’’). The NPRM 

was prompted by reports of cracking at 

certain fastener locations in the window 

corners of the window belt area. The 

NPRM proposed to require repetitive 

HFEC inspections for fatigue cracking in 

certain fastener locations in the window 

corners of the window belt area, and 

related investigative and corrective 

actions if necessary. We are issuing this 

AD to detect and correct fatigue 

cracking around fastener locations that 

could cause multiple window corner 

skin cracks, which could result in rapid 

decompression and loss of structural 

integrity of the airplane. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. The 

following presents the comments 

received on the NPRM and the FAA’s 

response to each comment. 

Request for Clarification of Location of 

the Twelve Fastener Inspections 

Southwest Airlines (SWA) requested 

that a correction be made to paragraph 

(g) of the proposed AD to clarify the 

areas for the inspection of the twelve 

fastener locations. SWA noted that 

paragraph (g) of the proposed AD stated 

to inspect locations ‘‘at the upper 

forward and lower aft corners of each 

window between station (STA) 360 and 

STA 540 and between STA 727 and 

STA 908.’’ SWA stated that between 

STA 727 and STA 908, Boeing Alert 

Service Bulletin 737–53A1328, dated 

July 22, 2014, specifies the location as 

the lower forward and upper aft corners. 

We agree with the commenter for the 

reason provided. We have revised 

paragraph (g) of this AD to require an 

inspection of the twelve fastener 

locations at the upper forward and 

lower aft corners of each window 

between STA 360 and STA 540 and at 

the upper aft and lower forward corners 

of each window between STA 727 and 

STA 908. 

Request for Clarification of the Intent of 

the Inspection Requirements in 

Paragraph (g) of the Proposed AD 

SWA requested that we clarify the 

intent of paragraph (g) of the proposed 

AD. SWA stated that paragraph (g) of 

the proposed AD states to accomplish 

the inspections at the times specified in 

tables 1 and 2 of paragraph 1.E., 


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‘‘Compliance,’’ of Boeing Alert Service 

Bulletin 737–53A1328, dated July 22, 

2014, and then repeat the inspections at 

the applicable times specified in tables 

1 and 2 until ‘‘the terminating action in 

paragraph (h) of this AD is 

accomplished,’’ which is the optional 

preventive modification in Part 3 of the 

Accomplishment Instructions of Boeing 

Alert Service Bulletin 737–53A1328, 

dated July 22, 2014. SWA stated that, 

per note (b) in tables 1 and 2, 

accomplishment of the preventive 

modification in accordance with Boeing 

Alert Service Bulletin 737–53A1328, 

dated July 22, 2014, is terminating 

action for both the initial and repeat 

inspections at the modified locations. 

SWA stated that paragraph (g) of the 

proposed AD does not mention the 

option to accomplish the actions 

specified in paragraph (h) of the 

proposed AD in lieu of the initial 

inspection specified in paragraph (g) of 

this AD; it only states to ‘‘repeat the 

inspections . . . until the terminating 

action specified in paragraph (h) of this 

AD is done.’’ SWA noted it is unclear 

if the intent of paragraph (g) of this AD 

is to require accomplishment of the Part 

1 external surface HFEC inspections of 

the skin prior to accomplishing the Part 

3 preventive modification instructions, 

or if the intent of paragraph (g) of the 

proposed AD is to provide the operator 

the option to accomplish paragraph (h) 

of the proposed AD (preventive 

modification) in lieu of accomplishing 

paragraph (g) of the proposed AD 

(inspections), since the Part 3 

modification instructions include open 

hole HFEC inspections of the skin. 

We agree to provide clarification. 

Paragraph (g) of this AD is not required 

at the time of accomplishment of the 

preventive modification specified in 

paragraph (h) of this AD. Paragraph (h) 

of this AD states that the preventive 

modification (including all applicable 

related investigative and corrective 

actions) terminates the inspections in 

paragraph (g) of this AD. This means all 

inspections (initial and repetitive) in 

paragraph (g) of this AD are not required 

if paragraph (h) of this AD is done. We 

have not changed this AD in this regard. 

Request for Clarification of Existing 

Repairs 

SWA requested clarification about 

existing repairs that meet the 

requirements of note (a) in tables 1 and 

2 of paragraph l.E., ‘‘Compliance,’’ of 

Boeing Alert Service Bulletin 737– 

53A1328, dated July 22, 2014. SWA also 

requested to extend the note to apply to 

existing repairs that address damage 

other than cracking, provided that the 

repairs are evaluated and approved by 

Boeing via an FAA Form 8100–9. In 

addition, SWA requested we clarify 

whether note (a) applies only to 

reinforcing repairs that encompass all 

twelve fastener locations at a window 

corner, or if note (a) also applies to 

existing non-reinforcing oversize hole 

repairs. 

We partially agree with the 

commenter. We agree with adding a 

paragraph to this AD to provide credit 

for previously approved repairs to 

address cracking issues, because Boeing 

Organization Designation Authorization 

(ODA) approved repairs installed prior 

the effective date of this AD are 

acceptable for terminating the initial 

and repetitive inspections in the area 

under the repair. We disagree with 

allowing any other repair as an 

alternative method of compliance 

(AMOC) because other repairs may or 

may not address the cracking issue. 

However, operators may request 

approval of an AMOC for these repairs 

using the procedures specified in 

paragraph (l) of this AD. 

We have added new paragraph (g)(1) 

to this AD to specify that the 

inspections required by the introductory 

text of paragraph (g) of this AD may be 

terminated in areas with repairs 

installed prior to the effective date of 

this AD, provided the repairs are 

reinforcing and address the cracking 

issue addressed in this AD, and 

installation was approved by the Boeing 

Commercial Airplanes ODA via FAA 

Form 8100–9. 

Request for Clarification of the 

Termination of Inspection for Repaired 

Area for Group 1 Airplanes 

All Nippon Airways (ANA) requested 

we clarify if, for Group 1 airplanes as 

identified in paragraph 1.A.1 

‘‘Effectivity,’’ of Boeing Alert Service 

Bulletin 737–53A1328, dated July 22, 

2014, areas repaired using Boeing Alert 

Service Bulletin 737–53A1328, dated 

July 22, 2014, is terminating action for 

the repaired area. ANA pointed out that 

table 1 of Boeing Alert Service Bulletin 

737–53A1328, dated July 22, 2014, 

includes this wording. 

We agree to provide clarification. 

Accomplishing a repair in accordance 

with Part 6 of the Accomplishment 

Instructions of Boeing Alert Service 

Bulletin 737–53A1328, dated July 22, 

2014, also terminates the inspection of 

the repaired area for Group 1 airplanes. 

We have added new paragraph (g)(2) to 

this AD to specify that repairs done in 

accordance with Part 6 of the 

Accomplishment Instructions of Boeing 

Alert Service Bulletin 737–53A1328, 

dated July 22, 2014, terminate the 

inspection required by paragraph (g) of 

this AD in only the repaired area for 

Group 1 airplanes only. 

Request To Include Provisions for 

Airplanes Previously Inspected, 

Modified, and/or Repaired 

SWA requested that we revise the 

NPRM to include provisions for 

airplanes that were previously 

inspected, modified, and/or repaired 

using step 3 of the Accomplishment 

Instructions of Boeing Service Bulletin 

737–53–1306, dated September 22, 

2010; Revision 1, dated March 17, 2010; 

Revision 2, dated October 25, 2011; or 

Revision 3, dated January 22, 2014; as 

terminating action for the inspections 

required by paragraph (g) of the 

proposed AD, as well as any 

documented deviations that were 

approved by the Boeing ODA via an 

FAA Form 8100–9. 

SWA stated that step 3 of Boeing 

Service Bulletin 737–53–1306 (all 

revisions) includes inspection, 

preventive modification, and repair 

instructions for the window corner 

locations addressed by the proposed 

AD. Figures 8 through 10 of Boeing 

Service Bulletin 737–53–1306 (all 

revisions) provide inspection and 

preventive modification instructions, 

which also include instructions for a 

fastener oversize repair, edge margin 

requirements, and window forging 

replacement. Figures 13 through 18 

provide external reinforcing repair 

instructions. Figures 40 through 43 were 

added in Boeing Service Bulletin 737– 

53–1306, Revision 3, dated January 22, 

2014, to incorporate the option to 

replace the window belt panels in lieu 

of accomplishing the window corner 

inspections, preventive modification, 

and approved repairs. SWA stated that 

it considers the instructions in Step 3 of 

Boeing Service Bulletin 737–53–1306 

(all revisions) to meet the intent of the 

proposed AD since the instructions 

address and eliminate the unsafe 

condition that prompted the proposed 

AD. 

We do not agree to revise this AD 

because Boeing Service Bulletin 737– 

53–1306 is specific for SWA. We do not 

consider it appropriate to include 

various provisions in an AD applicable 

only to a single operator’s unique 

configuration of affected airplanes. 

However, SWA may submit a request for 

an approval of an AMOC using the 

procedures specified in paragraph (l) of 

this AD. We have not changed this AD 

in this regard. 

Requests To Clarify Required Actions 

SWA and ANA requested that we 

clarify which actions specified in 

Boeing Alert Service Bulletin 737– 


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53A1328, dated July 22, 2014, are 

required. SWA stated that paragraph 

(j)(3) of the proposed AD (paragraph 

(l)(3) in this AD) indicates that steps 

identified as ‘‘RC’’ (Required for 

Compliance) in Boeing Alert Service 

Bulletin 737–53A1328, dated July 22, 

2014, must be accomplished ‘‘in order 

to comply with this AD.’’ 

The commenters noted that there are 

‘‘RC’’ steps in Boeing Alert Service 

Bulletin 737–53A1328, dated July 22, 

2014, that are not clearly addressed in 

the proposed AD. SWA noted that Parts 

7 and 8 of Boeing Alert Service Bulletin 

737–53A1328, dated July 22, 2014, 

contain steps that are identified as 

‘‘RC;’’ however, the proposed AD does 

not mention the compliance times for 

these actions. SWA stated that Part 7 of 

Boeing Alert Service Bulletin 737– 

53A1328, dated July 22, 2014, provides 

window frame replacement instructions, 

and steps 5 and 6 in Part 8 of Boeing 

Alert Service Bulletin 737–53A1328, 

dated July 22, 2014, provide post-repair/ 

post-modification inspection 

instructions for window frames with 

short edge margin conditions at the 

compliance times specified in tables 3, 

4, and 8 of Boeing Alert Service Bulletin 

737–53A1328, dated July 22, 2014. SWA 

assumed that actions identified in Table 

3 and Table 8 are not required for 

compliance and that the actions 

identified in Table 4 are required for 

compliance. SWA also pointed out that 

step 10 of Part 2 of Boeing Alert Service 

Bulletin 737–53A1328, dated July 22, 

2014, is not ‘‘RC,’’ but could result in 

accomplishment of Part 7 of Boeing 

Alert Service Bulletin 737–53A1328, 

dated July 22, 2014, which has ‘‘RC’’ 

steps. 

We agree to clarify the actions 

required by this AD. The postmodification and post-repair 

inspections identified in Table 4 and 

Table 5 in paragraph 1.E., 

‘‘Compliance,’’ of Boeing Alert Service 

Bulletin 737–53A1328, dated July 22, 

2014, are required by this AD. The 

accomplishment instructions of Boeing 

Alert Service Bulletin 737–53A1328, 

dated July 22, 2014, are unclear. 

Therefore, we have added new 

paragraph (i) to this AD to specify the 

actions identified in Table 4 and Table 

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

Boeing Alert Service Bulletin 737– 

53A1328, dated July 22, 2014. We have 

redesignated subsequent paragraphs 

accordingly. 

Regarding Part 7 of Boeing Alert 

Service Bulletin 737–53A1328, dated 

July 22, 2014, if operators chose to do 

the modification, certain actions 

specified in Part 3, Part 4, and Part 5 of 

Boeing Alert Service Bulletin 737– 

53A1328, dated July 22, 2014, are 

identified as ‘‘RC’’ steps. Within those 

steps, there is an on-condition action, 

which specifies to do Part 7; thus, step 

1 of Part 7 of Boeing Alert Service 

Bulletin 737–53A1328, dated July 22, 

2014 is required for compliance. 

Steps 2, 3, and 4 of Part 8 of Boeing 

Alert Service Bulletin 737–53A1328, 

dated July 22, 2014, are referenced in 

Table 3 and Table 8 in paragraph 1.E., 

‘‘Compliance,’’ of Boeing Alert Service 

Bulletin 737–53A1328, dated July 22, 

2014, and are not required by this AD. 

We have added new paragraph (k) of 

this AD to clarify that the postmodification inspections specified in 

Table 3 and Table 8 in paragraph 1.E., 

‘‘Compliance,’’ of Boeing Alert Service 

Bulletin 737–53A1328, dated July 22, 

2014, are airworthiness limitations that 

are required by maintenance and 

operational rules; therefore, these 

inspections are not required by this AD. 

We have redesignated subsequent 

paragraphs accordingly. 

Request To Clarify Office Responsible 

for AMOCs 

ANA requested that we clarify the 

office responsible for AMOCs. ANA 

stated that paragraph (j) of the proposed 

AD specifies that the Seattle ACO has 

the authority to approve AMOCs. 

However, ANA noted it has seen other 

ADs for out of production airplanes that 

refer to the Los Angeles ACO. 

We agree to clarify. The Los Angeles 

ACO is currently responsible for 

AMOCs for the airplanes identified in 

this AD. We have revised paragraphs 

(l)(1) and (l)(4) of this AD (paragraphs 

(j)(1) and (j)(4) of the proposed AD) to 

refer to the Los Angeles ACO. 

Requests for Clarification of Incorrect 

References 

Boeing and SWA requested that we 

clarify incorrect references in Boeing 

Alert Service Bulletin 737–53A1328, 

dated July 22, 2014. The commenters 

stated that note (e) in Figure 5 of Boeing 

Alert Service Bulletin 737–53A1328, 

dated July 22, 2014, incorrectly 

references table 2 of paragraph 3.B., 

Work Instructions, for post repair/

modification inspections of short edge 

margins on window frames. The 

commenters stated that these references 

should be to table 3 of paragraph 3.B., 

Work Instructions. Boeing also 

identified the notes in figures 9, 10, 11, 

and 12 as additional locations where the 

reference to table 2 should be to table 

3. The commenters requested that we 

clarify in this AD that repeat post repair 

and modification inspections for 

window frames with short edge margins 

are defined in table 3 rather than table 

2 of paragraph 3.B, Work Instructions, 

in Boeing Alert Service Bulletin 737– 

53A1328, dated July 22, 2014. 

We agree with the commenters that 

the identified table references in Boeing 

Alert Service Bulletin 737–53A1328, 

dated July 22, 2014, are incorrect. We 

have added new paragraphs (j)(3) and 

(j)(4) to this AD to specify the correct 

table references. We have also added 

new paragraph (j)(5) to this AD to clarify 

that operators must comply with the 

edge margin requirements in Table 3 of 

the Accomplishment Instructions of 

Boeing Alert Service Bulletin 737– 

53A1328, dated July 22, 2014. We have 

also revised paragraphs (g) and (h) of 

this AD to include references to 

paragraphs (j)(3), (j)(4), and (j)(5) of this 

AD. 

Effect of Winglets on Accomplishment 

of the Proposed Actions 

Aviation Partners Boeing stated that 

accomplishing Supplemental Type 

Certificate (STC) ST01219SE (http://

rgl.faa.gov/Regulatory_and_Guidance_

Library/rgstc.nsf/0/

be866b732f6cf31086257b9700692796/

$FILE/ST01219SE.pdf) does not affect 

the actions specified in the NPRM. 

We concur with the commenter. We 

have redesignated paragraph (c) of the 

proposed AD as paragraph (c)(1) of this 

AD and added new paragraph (c)(2) to 

this AD to state that installation of STC 

ST01219SE does not affect the ability to 

accomplish the actions required by this 

AD. Therefore, for airplanes on which 

STC ST01219SE is installed, a ‘‘change 

in product’’ AMOC approval request is 

not necessary to comply with the 

requirements of 14 CFR 39.17. 

Conclusion 

We reviewed the relevant data, 

considered the comments received, and 

determined that air safety and the 

public interest require adopting this 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 NPRM for 

correcting the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM. 

We also determined that these 

changes will not increase the economic 

burden on any operator or increase the 

scope of this AD. 

Related Service Information Under 

1 CFR Part 51 

We reviewed Boeing Alert Service 

Bulletin 737–53A1328, dated July 22, 

2014. The service information describes 

procedures for HFEC inspections for 


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fatigue cracking in certain fastener 

locations in the window corners of the 

window belt area, and related 

investigative and corrective actions. 

This service information is reasonably 

available because the interested parties 

have access to it through their normal 

course of business or by the means 

identified in the ADDRESSES section. 

Costs of Compliance 

We estimate that this AD affects 142 

airplanes of U.S. registry. 

We estimate the following costs to 

comply with this AD: 

ESTIMATED COSTS: REQUIRED ACTIONS

Action Labor cost Parts cost Cost per product Cost on U.S. operators 

Inspection ......... Up to 2,312 work-hours × $85 per 

hour = $196,520 per inspection 

cycle.

$0 Up to $196,520 per inspection 

cycle.

Up to $27,905,840 per inspection 

cycle. 

ESTIMATED COSTS: REQUIRED ACTIONS

Action Labor cost Parts cost Cost per 

product 

Preventive modification ................................................ 108 work-hours × $85 per hour = $9,180 .................... $0 $9,180 

We estimate the following costs to do 

any necessary repairs that would be 

required based on the results of the 

inspection. We have no way of 

determining the number of aircraft that 

might need repairs: 

ON-CONDITION COSTS

Action Labor cost Parts cost Cost per product 

Repair ............... Up to 18 work-hours × $85 per hour = $1,530 per repair .................................. $0 Up to $1,530 per repair. 

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 

■ 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): 

2016–06–04 The Boeing Company: 

Amendment 39–18435 ; Docket No. 

FAA–2015–0495; Directorate Identifier 

2014–NM–172–AD. 

(a) Effective Date 

This AD is effective April 22, 2016. 

(b) Affected ADs 

None. 

(c) Applicability 

(1) This AD applies to The Boeing 

Company Model 737–300, –400, and –500 

series airplanes, certificated in any category, 

as identified in Boeing Alert Service Bulletin 

737–53A1328, dated July 22, 2014. 

(2) Installation of Supplemental Type 

Certificate (STC) ST01219SE (http://

rgl.faa.gov/Regulatory_and_Guidance_

Library/rgstc.nsf/0/

be866b732f6cf31086257b9700692796/$FILE/

ST01219SE.pdf) does not affect the ability to 

accomplish the actions required by this AD. 

Therefore, for airplanes on which STC 

ST01219SE 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 53, Fuselage. 

(e) Unsafe Condition 

This AD was prompted by reports of 

fatigue cracking at certain fastener locations 

in the window corners of the window belt 

area. We are issuing this AD to detect and 

correct fatigue cracking around the fastener 


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Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Rules and Regulations 14715 

locations that could cause multiple window 

corner skin cracks, which could result in 

rapid decompression and loss of structural 

integrity of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Inspections 

At the applicable time specified in tables 

1 and 2 of paragraph 1.E., ‘‘Compliance,’’ of 

Boeing Alert Service Bulletin 737–53A1328, 

dated July 22, 2014, except as required by 

paragraph (j)(1) of this AD: Do external 

surface high frequency eddy current (HFEC) 

inspections for cracking of the skin at the 12 

fastener locations at the upper forward and 

lower aft corners of each window between 

station (STA) 360 and STA 540 and at the 

upper aft and lower forward corners of each 

window between STA 727 and STA 908, leftside and right-side of the fuselage, at and 

between stringers S–11 and S–13; and all 

applicable related investigative and 

corrective actions; in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 737–53A1328, dated July 22, 

2014, except as required by paragraphs (j)(2), 

(j)(3), (j)(4), and (j)(5) of this AD. Do all 

applicable related investigative and 

corrective actions before further flight. 

Repeat the inspections at the applicable 

times specified in tables 1 and 2 of paragraph 

1.E., ‘‘Compliance,’’ of Boeing Alert Service 

Bulletin 737–53A1328, dated July 22, 2014. 

Accomplishing the preventive modification 

specified in paragraph (h) of this AD 

terminates the repetitive inspections required 

by this paragraph at the modified location 

only. 

(1) The inspections required by the 

introductory text of paragraph (g) of this AD 

may be terminated in areas with repairs 

installed prior to the effective date of this 

AD, provided the repairs are reinforcing and 

address the cracking issue identified in this 

AD, and installation was approved by the 

Boeing Commercial Airplanes Organization 

Designation Authorization (ODA) via FAA 

Form 8100–9. 

(2) For Group 1 airplanes identified in 

Boeing Alert Service Bulletin 737–53A1328, 

dated July 22, 2014: Window corner crack 

repairs terminate the inspection required by 

the introductory text of paragraph (g) of this 

AD in the repaired area only. The repair, 

including all applicable related investigative 

and corrective actions, must be done in 

accordance with Part 6 of the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 737–53A1328, dated July 22, 

2014, except as required by paragraphs (j)(2), 

(j)(3), (j)(4), and (j)(5) of this AD. 

(h) Preventive Modification 

Accomplishment of a preventive 

modification in the fastener locations in the 

window corners of the window belt area 

between STA 360 and STA 540 and between 

STA 727 and STA 908, left-side and rightside of the fuselage, at and between stringers 

S–11 and S–13, terminates the inspections 

required by paragraph (g) of this AD at the 

modified location only. The modification, 

including all applicable related investigative 

and corrective actions, must be done in 

accordance with Part 3 of the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 737–53A1328, dated July 22, 

2014, except as required by paragraphs (j)(2), 

(j)(3), (j)(4), and (j)(5) of this AD. 

(i) Repetitive Inspections, Replacements, and 

Corrective Actions 

For airplanes having any condition 

identified in Table 4 or Table 5 of paragraph 

l.E., ‘‘Compliance,’’ of Boeing Alert Service 

Bulletin 737–53A1328, dated July 22, 2014: 

At the applicable times specified in Table 4 

and Table 5 of paragraph l.E., ‘‘Compliance,’’ 

of Boeing Alert Service Bulletin 737– 

53A1328, dated July 22, 2014, do a window 

frame replacement or an internal detailed 

inspection for cracks of the window forging 

around the fastener collars, as applicable, 

and do all applicable corrective actions, in 

accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

737–53A1328, dated July 22, 2014, except as 

required by paragraphs (j)(2), (j)(3), (j)(4), and 

(j)(5) of this AD. Repeat the inspections at the 

applicable times specified in table 4 and 

table 5 of paragraph 1.E., ‘‘Compliance,’’ of 

Boeing Alert Service Bulletin 737–53A1328, 

dated July 22, 2014. 

(j) Exceptions to the Service Information 

Specifications 

(1) Where Boeing Alert Service Bulletin 

737–53A1328, dated July 22, 2014, 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 Alert Service Bulletin 

737–53A1328, dated July 22, 2014, specifies 

to contact Boeing for repair instructions: 

Before further flight, repair the cracking 

using a method approved in accordance with 

the procedures specified in paragraph (l) of 

this AD. Although Boeing Alert Service 

Bulletin 737–53A1328, dated July 22, 2014, 

specifies to contact Boeing for repair 

instructions, and specifies that action as 

Required for Compliance (RC), this AD 

requires repair as specified in this paragraph. 

(3) Where note (e) of Figure 5 of Boeing 

Alert Service Bulletin 737–53A1328, dated 

July 22, 2014, specifies to ‘‘Refer to Paragraph 

3.B., Work Instructions, Table 2 for edge 

margin requirements,’’ operators must 

comply with Table 3 of paragraph 3.B., 

‘‘Work Instructions,’’ of Boeing Alert Service 

Bulletin 737–53A1328, dated July 22, 2014, 

for edge margin requirements. 

(4) Where the notes for fastener codes A 

and B in figures 9, 10, 11, and 12 of Boeing 

Alert Service Bulletin 737–53A1328, dated 

July 22, 2014, refer to ‘‘Paragraph 3.B., Work 

Instructions, Table 2’’ for edge margin 

requirements, operators must comply with 

Table 3 of paragraph 3.B., ‘‘Work 

Instructions,’’ of Boeing Alert Service 

Bulletin 737–53A1328, dated July 22, 2014, 

for edge margin requirements. 

(5) Where note (e) of figures 6, 7, and 8 and 

step 1.a.(1) of Part 5 of the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

737–53A1328, dated July 22, 2014, specifies 

to ‘‘Refer to Paragraph 3.B., Work 

Instructions, Table 3 for edge margin 

requirements,’’ operators must comply with 

Table 3 of paragraph 3.B., ‘‘Work 

Instructions,’’ of Boeing Alert Service 

Bulletin 737–53A1328, dated July 22, 2014, 

for edge margin requirements. 

(k) Post-Repair Inspections/PostModification Inspections 

Table 3 and Table 8 of paragraph 1.E., 

‘‘Compliance,’’ of Boeing Alert Service 

Bulletin 737–53A1328, dated July 22, 2014, 

specify post-modification airworthiness 

limitation inspections in compliance to 14 

CFR 25.571(a)(3) at the modified locations, 

which support compliance with 14 CFR 

121.1109(c)(2) or 129.109(b)(2). As 

airworthiness limitations, these inspections 

are required by maintenance and operational 

rules. It is therefore unnecessary to mandate 

them in this AD. Deviations from these 

inspections require FAA approval, but do not 

require an alternative method of compliance. 

(l) 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 

paragraph (m) of this AD. Information may be 

emailed to: 9-ANM-LAACO-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) Except as required by paragraph (j)(2) 

of this AD: For service information that 

contains steps that are labeled as RC, the 

provisions of paragraphs (l)(3)(i) and (l)(3)(ii) 

of this AD apply. 

(i) The steps labeled as RC, including 

substeps under an RC step and any figures 

identified in an RC step, must be done to 

comply with this AD. An AMOC is required 

for any deviations to RC steps, including 

substeps and identified figures. 

(ii) Steps not labeled as RC may be 

deviated from using accepted methods in 

accordance with the operator’s maintenance 

or inspection program without obtaining 

approval of an AMOC, provided the RC steps, 

including substeps and identified figures, can 

still be done as specified, and the airplane 

can be put back in an airworthy condition. 

(4) An AMOC that provides an acceptable 

level of safety may be used for any repair, 

modification, or alteration required by this 

AD if it is approved by the Boeing 

Commercial Airplanes ODA that has been 

authorized by the Manager, Los Angeles 

ACO, to make those findings. To be 

approved, the repair method, modification 

deviation, or alteration deviation must meet 

the certification basis of the airplane, and the 

approval must specifically refer to this AD. 


asabaliauskas on DSK3SPTVN1PROD with RULES
14716 Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Rules and Regulations 

(m) Related Information 

For more information about this AD, 

contact Jennifer Tsakoumakis, Aerospace 

Engineer, Airframe Branch, ANM–120L, 

FAA, Los Angeles Aircraft Certification 

Office (ACO), 3960 Paramount Blvd., 

Lakewood, CA 90712–4137; phone: 562–627– 

5264; fax: 562–627–5210; email: 

jennifer.tsakoumakis@faa.gov. 

(n) 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 Alert Service Bulletin 737– 

53A1328, dated July 22, 2014. 

(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 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. 

(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/ibrlocations.html. 

Issued in Renton, Washington, on March 7, 

2016. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2016–05842 Filed 3–17–16; 8:45 am] 

BILLING CODE 4910–13–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

15 CFR Part 2017 

[Docket Number USTR–2016–0002] 

RIN 0350–AA07 

Establishment of a Petition Process To 

Review the Eligibility of Countries 

Under the African Growth and 

Opportunity Act (AGOA) 

AGENCY: Office of the United States 

Trade Representative. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: The Trade Preferences 

Extension Act of 2015 (TPEA) requires 

the President to establish a petition 

process to review the eligibility of 

countries for the benefits of the African 

Growth and Opportunity Act (AGOA). 

This authority has been delegated to the 

Office of the United States Trade 

Representative (USTR). 

DATES: The interim final rule is effective 

on March 18, 2016. USTR will accept 

comments on the interim final rule in 

writing on or before April 18, 2016. 

ADDRESSES: All comments must be 

submitted electronically at 

www.regulations.gov, docket number 

USTR–2016–0002. 

FOR FURTHER INFORMATION CONTACT: For 

procedural questions, please contact 

Yvonne Jamison, Trade Policy Staff 

Committee, at 202–395–3475. Direct all 

other questions to Constance Hamilton, 

Deputy Assistant U.S. Trade 

Representative for African Affairs, at 

Constance_Hamilton@ustr.eop.gov or 

202–395–9514. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The AGOA (Title I of the Trade and 

Development Act of 2000, Pub. L. 106– 

200) (19 U.S.C. 2466a et seq.), as 

amended, contains provisions for 

enhanced trade benefits for eligible subSaharan African countries. 

Section 506(c) of the TPEA, which 

was signed into law on June 29, 2015 

(Pub. L. 114–27, sec. 105(d)(3), 129 Stat. 

366–367)), requires the President to 

establish a process to allow any 

interested person, at any time, to file a 

petition with USTR concerning the 

compliance of any sub-Saharan African 

country listed in section 107 of the 

AGOA (19 U.S.C. 3706), with the 

eligibility requirements set forth in 

section 104 of the AGOA (19 U.S.C. 

3703) and the eligibility criteria set forth 

in section 502 of the Trade Act of 1974 

(19 U.S.C. 2462). On February 26, 2016, 

the President delegated this authority to 

USTR. See E.O. 13720 of Feb. 26, 2016, 

81 FR 11087, Mar. 2, 2016. 

II. Analysis of the Interim Final Rule 

The interim final rule adds 15 CFR 

part 2017. The new Part 2017 

establishes a petition process that 

supplements the annual (normal cycle) 

request for public comments on whether 

a beneficiary sub-Saharan African 

country is meeting the eligibility criteria 

and requirements of the AGOA program 

(see, e.g., 80 FR 48951, Aug. 14, 2015). 

Section 2017.0 defines acronyms used 

throughout Part 2017. 

Section 2017.1 permits any interested 

party to submit a petition, at any time, 

regarding whether a beneficiary subSaharan African country meets the 

eligibility requirements in section 104 of 

the AGOA and the eligibility criteria in 

section 502 of the Trade Act of 1974. It 

requires that a petition adequately 

identify the country and the concern. A 

petition indicating the existence of 

exceptional circumstances warranting 

an out-of-cycle review must contain a 

statement of reasons explaining why an 

out-of-cycle review is warranted. 

Section 2017.2 explains how USTR 

will process petitions. USTR will 

consider petitions filed in accordance 

with the public comment period of the 

annual (normal cycle) review of all 

beneficiary countries in conjunction 

with that review. USTR will consider 

petitions filed outside of that time frame 

in the next (normal cycle) annual 

review. If USTR receives a petition 

outside of the annual (normal cycle) 

review process that indicates the 

existence of exceptional circumstances, 

the AGOA Implementation 

Subcommittee will consider whether 

there is a basis for the initiation of an 

out-of-cycle review and make 

recommendations to the Trade Policy 

Staff Committee, which will, in turn, 

advise the U.S. Trade Representative. If 

the U.S. Trade Representative finds that 

there are exceptional circumstances 

warranting an out-of-cycle review, 

within 30 days of that determination 

USTR will announce a schedule for the 

review in the Federal Register. 

Section 2017.3 requires USTR to 

publish a summary of the actions taken 

in response to petitions in the Federal 

Register. The notice also will include a 

list of pending petitions upon which no 

decision has been made. 

Section 2017.4 provides that all 

submitted materials will be made 

available for public inspection at 

www.regulations.gov other than 

appropriately designated confidential 

business information. 

The TPEA extended the AGOA until 

September 30, 2025. See Pub. L. 114–27, 

sec. 103, 129 Stat. 364, June 29, 2015. 

Section 2017.5 provides that the AGOA 

petition process will expire on that date 

unless extended by statute. 

III. Requirements for Submission 

All submissions must be in English 

and must be submitted electronically 

via http://www.regulations.gov. USTR 

will not accept hand-delivered 

submissions. To make a submission 

using http://www.regulations.gov, enter 

the docket number USTR–2016–0002 in 

the ‘‘Search for’’ field on the home page 

and click ‘‘Search.’’ The site will 

provide a search-results page listing all 

documents associated with this docket. 

Find a reference to this notice by 

selecting ‘‘Notice’’ under ‘‘Document 

Type’’ in the ‘‘Filter Results by’’ section 

on the left side of the screen and click 


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