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[Federal Register Volume 79, Number 240 (Monday, December 15, 2014)]
[Proposed Rules]
[Pages 74032-74035]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29234]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 79, No. 240 / Monday, December 15, 2014 / 
Proposed Rules

[[Page 74032]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0923; Directorate Identifier 2014-NM-176-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 
certain the Boeing Company Model 737-700, -800, and -900ER series 
airplanes. This proposed AD was prompted by reports of troughs in the 
skin along the chem-mill pocket edges of certain fuselage crown skin 
panel assemblies. This proposed AD would require repetitive inspections 
to detect cracking in the crown skin panel assembly. This proposed AD 
would also provide optional terminating action for the repetitive 
inspections. We are proposing this AD to detect and correct cracking 
from troughs in the chem-mill pocket edges, which could lead to rapid 
decompression of the airplane.

DATES: We must receive comments on this proposed AD by January 29, 
2015.

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, 
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.

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-2014-
0923; 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: Haytham Alaidy, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office 
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6573; fax: 425-917-6590; email: haytham.alaidy@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-2014-0923; 
Directorate Identifier 2014-NM-176-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

    Some section 43, 44, and 46 fuselage crown skin panel assemblies 
may contain troughs in the skin along the chem-mill pocket edges. The 
troughs are caused during production rework by the automated laser 
trace process for cutting maskant. The laser disrupted the bond surface 
and allowed the chemical milling solution to penetrate through, causing 
a 0.003- to 0.007-inch-deep trough in the skin. The discrepancy was 
discovered when an operator reported finding troughs around the 
perimeter of all chem-mill pockets on one crown skin panel assembly. If 
skin panel assemblies with troughs are not replaced, cracking can occur 
at the trough locations, which, if not repaired, could result in rapid 
decompression of the airplane.

Relevant Service Information

    We reviewed Boeing Special Attention Service Bulletin 737-53-1334, 
dated August 4, 2014. For information on the procedures and compliance 
times, see this service information at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2014-0923.

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 phrase ``related investigative actions'' is used in this 
proposed AD. ``Related investigative actions'' are follow-on actions 
that (1) are related to the primary actions, and (2) further 
investigate the nature of any condition found. Related investigative 
actions in an AD could include, for example, inspections.
    The phrase ``corrective actions'' is used in this proposed AD. 
``Corrective

[[Page 74033]]

actions'' are actions that correct or address any condition found. 
Corrective actions in an AD could include, for example, repairs.

Explanation of ``RC'' Steps in Service Information

    The FAA worked in conjunction with industry, under the 
Airworthiness Directives Implementation Aviation Rulemaking Committee 
(AD ARC), to enhance the AD system. One enhancement was a new process 
for annotating which steps in the service information are required 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.

Differences Between This Proposed AD and the Service Information

    Boeing Special Attention Service Bulletin 737-53-1334, dated August 
4, 2014, 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 1 airplane of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                        Estimated Costs: Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                  Cost on U.S.
             Action                     Labor cost           Parts cost     Cost per product       operators
----------------------------------------------------------------------------------------------------------------
Medium frequency eddy current    270 work-hours x $85                 $0   $22,950 per         22,950 per
 Inspections.                     per hour = $22,950 per                    inspection cycle.   inspection
                                  inspection cycle.                                             cycle.
----------------------------------------------------------------------------------------------------------------

                                        Estimated Costs: Optional actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                 Action                          Labor cost                  Parts cost              product
----------------------------------------------------------------------------------------------------------------
Terminating action (inspection for       218 work-hours x $85 per    Unknown...................         $18,530
 troughs).                                hour = $18,530.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this proposed 
AD.
    According to the manufacturer, some of the costs of this proposed 
AD may be covered under warranty, thereby reducing the cost impact on 
affected individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB control number. The control 
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in 
the Costs of Compliance section of this document and includes time for 
reviewing instructions, as well as completing and reviewing the 
collection of information. Therefore, all reporting associated with 
this AD is mandatory. Comments concerning the accuracy of this burden 
and suggestions for reducing the burden should be directed to the FAA 
at 800 Independence Ave. SW., Washington, DC 20591, ATTN: Information 
Collection Clearance Officer, AES-200.

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,

[[Page 74034]]

    (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-2014-0923; Directorate Identifier 
2014-NM-176-AD.

(a) Comments Due Date

    We must receive comments by January 29, 2015.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to The Boeing Company Model 737-700, -800, 
and -900ER series airplanes, certificated in any category, as 
identified in Boeing Special Attention Service Bulletin 737-53-1334, 
dated August 4, 2014.
    (2) For airplanes identified as Group 7 in Boeing Special 
Attention Service Bulletin 737-53-1334, dated August 4, 2014, no 
work is required by this AD.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by reports of troughs in the skin along the 
chem-mill pocket edges of certain fuselage crown skin panel 
assemblies. We are issuing this AD to detect and correct troughs in 
the chem-mill pocket edges, which could lead to cracking at the 
trough locations, and consequent rapid decompression 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 paragraph 1.E., 
``Compliance,'' of Boeing Special Attention Service Bulletin 737-53-
1334, dated August 4, 2014, except as required by paragraph (h) of 
this AD: Do external medium frequency eddy current inspections to 
detect cracking in higher- and lower-stress locations of the crown 
skin panel assembly, in accordance with Boeing Special Attention 
Service Bulletin 737-53-1334, dated August 4, 2014. Repeat the 
inspections thereafter at the applicable time specified in paragraph 
1.E., ``Compliance,'' of Boeing Special Attention Service Bulletin 
737-53-1334, dated August 4, 2014. Accomplishment of the actions 
specified in paragraph (j) of this AD terminates the requirements of 
paragraph (g) of this AD.

(h) Exception to Service Information Specifications

    Where Boeing Special Attention Service Bulletin 737-53-1334, 
dated August 4, 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.

(i) Crack Repair

    If any crack is found during any inspection required by 
paragraph (g) of this AD, repair before further flight using a 
method approved in accordance with the procedures specified in 
paragraph (j) of this AD.

(j) Optional Terminating Action

    The actions specified in paragraph (g) of this AD may be 
terminated by accomplishment of a part mark inspection of the crown 
skin panel assembly in accordance with Part 5 of Work Package 2 of 
the Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 737-53-1334, dated August 4, 2014, and the applicable 
actions specified in paragraphs (j)(1) and (j)(2) of this AD.
    (1) If ``Condition 5,'' as defined in Boeing Special Attention 
Service Bulletin 737-53-1334, dated August 4, 2014, is found, 
corrective actions must be done before further flight using a method 
approved in accordance with the procedures specified in paragraph 
(l) of this AD.
    (2) If ``Condition 6'', as defined in Boeing Special Attention 
Service Bulletin 737-53-1334, dated August 4, 2014, is found, the 
actions specified in paragraphs (j)(2)(i) and (j)(2)(ii) of this AD 
must be done at the applicable specified time.
    (i) A report of the findings, including the inspection results 
(discrepant part number of panel assembly), the airplane serial 
number, and the manufacturing order code as defined in Appendix C of 
Boeing Special Attention Service Bulletin 737-53-1334, dated August 
4, 2014, must be submitted to https://www.myboeingfleet.com before 
further flight.
    (ii) An internal detailed inspection for troughs must be done 
before further flight in accordance with Boeing Special Attention 
Service Bulletin 737-53-1334, dated August 4, 2014, and any skin 
panel assembly with a trough must be replaced before further flight 
using a method approved in accordance with the procedures specified 
in paragraph (l) of this AD.

(k) Paperwork Reduction Act Burden Statement

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to a penalty 
for failure to comply with a collection of information subject to 
the requirements of the Paperwork Reduction Act unless that 
collection of information displays a current valid OMB Control 
Number. The OMB Control Number for this information collection is 
2120-0056. Public reporting for this collection of information is 
estimated to be approximately 5 minutes per response, including the 
time for reviewing instructions, completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Comments concerning the accuracy of this 
burden and suggestions for reducing the burden should be directed to 
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn: 
Information Collection Clearance Officer, AES-200.

(l) 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 paragraph (k)(1) of this AD. 
Information may be emailed to: 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD if it is approved by the 
Boeing Commercial Airplanes Organization Designation Authorization 
(ODA) that has been authorized by the Manager, Seattle ACO, to make 
those findings. For a repair method to be approved, the repair must 
meet the certification basis of the airplane, and the approval must 
specifically refer to this AD.
    (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

[[Page 74035]]

changes to steps labeled as RC require approval of an AMOC.

(m) Related Information

    (1) For more information about this AD, contact Haytham Alaidy, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone: 425-917-6573; fax: 425-917-6590; email: 
Haytham.alaidy@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, 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.

    Issued in Renton, Washington, on December 3, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-29234 Filed 12-12-14; 8:45 am]
BILLING CODE 4910-13-P
```