```

[Federal Register Volume 78, Number 233 (Wednesday, December 4, 2013)]
[Proposed Rules]
[Pages 72836-72838]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29004]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0977; Directorate Identifier 2013-NM-190-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all 
The Boeing Company Model 717-200 airplanes. This proposed AD was 
prompted by multiple reports of cracking in the overwing frames. This 
proposed AD would require repetitive inspections for cracking in the 
overwing frames, and corrective actions if necessary. We are proposing 
this AD to detect and correct such cracking, which could result in a 
severed frame and might increase the loading of adjacent frames, 
resulting in damage to the adjacent structure and consequent loss of 
structural integrity of the airplane.

DATES: We must receive comments on this proposed AD by January 21, 
2014.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above 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 view this referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, WA. For information on the availability of this 
material at the FAA, call 425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: Eric Schrieber, Aerospace Engineer, 
Airframe Branch, ANM-120L, Los Angeles Aircraft Certification Office 
(ACO), FAA, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 
562-627-5348; fax: 562-627-5210; email: eric.schrieber@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2013-0977; 
Directorate Identifier 2013-NM-190-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 received multiple reports of cracking in the overwing frames on 
Boeing Model 717 airplanes. The airplanes had accumulated between 
18,235 and 36,208 total flight hours, and between 11,991 and 45,091 
total flight cycles. The cracks, caused by fatigue, originated in the 
upper radius of the frame inboard tab just below the floor. This 
condition, if not corrected, could result in a severed frame, which 
might increase the loading of adjacent frames and result in damage to 
the adjacent structure and consequent loss of structural integrity of 
the airplane.

Relevant Service Information

    We reviewed Boeing Alert Service Bulletin 717-53A0036, dated August 
12, 2013. For information on the procedures and compliance times, see 
this service information at http://regulations.gov by searching for 
Docket No. FAA-2013-0977.

FAA's Determination

    We are proposing this AD 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.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in the service information described previously, except as discussed 
under ``Differences Between this Proposed AD and the Service 
Information.''
    The FAA worked in conjunction with industry, under the 
Airworthiness Directives Implementation Aviation Rulemaking Committee, 
to enhance the AD system. One enhancement was a new process for 
annotating which steps in the service information are required

[[Page 72837]]

for compliance with an AD. Differentiating these steps from other tasks 
in the service information is expected to improve an owner's/operator's 
understanding of crucial AD requirements and help provide consistent 
judgment in AD compliance. The actions specified in the service 
information described previously include steps that are labeled as RC 
(required for compliance) because these steps have a direct effect on 
detecting, preventing, resolving, or eliminating an identified unsafe 
condition.
    As noted in the specified service information, steps labeled as RC 
must be done to comply with the proposed AD. However, steps that are 
not labeled as RC are recommended. Those steps that are not labeled as 
RC may be deviated from, done as part of other actions, or done using 
accepted methods different from those identified in the service 
information without obtaining approval of an alternative method of 
compliance (AMOC), provided the steps labeled as RC can be done and the 
airplane can be put back in a serviceable condition. Any substitutions 
or changes to steps labeled as RC will require approval of an AMOC.
    The phrase ``corrective actions'' is used in this proposed AD. 
``Corrective actions'' are actions that correct or address any 
condition found. Corrective actions in an AD could include, for 
example, repairs.

Differences Between This Proposed AD and the Service Information

    The service bulletin specifies to contact the manufacturer for 
instructions on how to repair certain conditions, but this proposed AD 
would require repairing those conditions in one of the following ways:
     In accordance with a method that we approve; or
     Using data that meet the certification basis of the 
airplane, and that have been approved by the Boeing Commercial 
Airplanes Organization Designation Authorization (ODA) whom we have 
authorized to make those findings.

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....................  22 work-hours x $85 per              $0   $1,870 per          $241,230 per
                                  hour = $1,870 per                         inspection cycle.   inspection
                                  inspection cycle.                                             cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements 
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
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement of a frame station...............  126 work-hours x $85 per hour =         $83,060          $93,770
                                                $10,710.
----------------------------------------------------------------------------------------------------------------

    In addition, for the on-condition repairs specified in this 
proposed AD, we have received no definitive data that would enable us 
to provide cost estimates.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR Part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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-2013-0977; Directorate Identifier 
2013-NM-190-AD.

(a) Comments Due Date

    We must receive comments by January 21, 2014.

[[Page 72838]]

(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 cracking in the 
overwing frames. We are issuing this AD to detect and correct such 
cracking, which could result in a severed frame and might increase 
the loading of adjacent frames, resulting 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 applicable time specified in paragraph (g)(1) or (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 station 737, and do all applicable 
corrective actions, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin 717-53A0036, dated 
August 12, 2013, except as required by paragraph (h)(3) of this AD. 
Do all applicable corrective actions before further flight. Except 
as required by paragraph (h)(2) of this AD, repeat the inspections 
thereafter at the applicable time specified in paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 717-53A0036, dated 
August 12, 2013.
    (1) For Group 1, Configuration 1 airplanes identified in Boeing 
Alert Service Bulletin 717-53A0036, dated August 12, 2013: At the 
time specified in table 1 of paragraph 1.E., ``Compliance,'' of 
Boeing Alert Service Bulletin 717-53A0036, dated August 12, 2013, 
except as provided by paragraph (h)(1) of this AD.
    (2) For Group 1, Configuration 2 airplanes identified in Boeing 
Alert Service Bulletin 717-53A0036, dated August 12, 2013: At the 
applicable time specified in paragraph (g)(2)(i) or (g)(2)(ii) of 
this AD.
    (i) For airplanes on which the overwing frame has not been 
replaced: Within 9,300 flight cycles after accomplishing the 
inspections specified in Boeing Multi Operator Message (MOM) MOM-
MOM-13-0375-01B, dated May 9, 2013.
    (ii) For airplanes on which the overwing frame has been 
replaced: Within 12,000 flight cycles after replacing the frame.

(h) Exceptions to Service Information

    (1) Where Boeing Alert Service Bulletin 717-53A0036, dated 
August 12, 2013, 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 717-53A0036, dated 
August 12, 2013, specifies to contact Boeing for the compliance time 
of an inspection repetitive interval, this AD requires a compliance 
time approved by the FAA in accordance with the procedures specified 
in paragraph (j) of this AD.
    (3) Where Boeing Alert Service Bulletin 717-53A0036, dated 
August 12, 2013, specifies to contact Boeing for repair 
instructions, this AD requires repair before further flight using a 
method approved in accordance with the procedures specified in 
paragraph (j) of this AD.

(i) Credit for Previous Actions

    This paragraph provides credit for only the initial general 
visual inspection, HFEC inspection, and frame replacement required 
by paragraph (g) of this AD, if those actions were performed before 
the effective date of this AD using Boeing Multi Operator Message 
(MOM) MOM-MOM-13-0375-01B, dated May 9, 2013.

(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 paragraph (k) 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 CFR 25.571, 
Amendment 45, and the approval must specifically refer to this AD.
    (4) If the service information contains steps that are labeled 
as RC (Required for Compliance), those steps must be done to comply 
with this AD; any steps that are not labeled as RC are recommended. 
Those steps that are not labeled as RC may be deviated from, done as 
part of other actions, or done using accepted methods different from 
those identified in the specified service information without 
obtaining approval of an AMOC, provided the steps labeled as RC can 
be done and the airplane can be put back in a serviceable condition. 
Any substitutions or changes to steps labeled as RC require approval 
of an AMOC.

(k) Related Information

    (1) For more information about this AD, contact: Eric Schrieber, 
Aerospace Engineer, Airframe Branch, ANM-120L, Los Angeles ACO, FAA, 
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5348; fax: 562-627-5210; email: eric.schrieber@faa.gov.
    (2) For service information identified in this AD, 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.

    Issued in Renton, Washington, on November 26, 2013.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-29004 Filed 12-3-13; 8:45 am]
BILLING CODE 4910-13-P
```