1536 Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0669; Directorate 

Identifier 2007–NM–350–AD; Amendment 

39–16166; AD 2010–01–08] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Model 737–600, –700, and 

–800 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Model 737–600, –700, and –800 series 

airplanes. This AD requires an 

inspection of the free flange, vertical 

web, and radius between the free flange 

and vertical web of the lower stringers 

of the wing center section for drill starts, 

and applicable related investigative and 

corrective actions. This AD results from 

drill starts being found on the free 

flange of the lower stringers of the wing 

center section during a quality 

assurance inspection at the final 

assembly plant. We are issuing this AD 

to prevent cracks from propagating from 

drill starts in the free flange, vertical 

web, and radius between the free flange 

and vertical web of the lower stringers 

of the wing center section lower 

stringers, which could cause a loss of 

structural integrity of the wing center 

section and may result in a fuel leak. 

DATES: This AD is effective February 16, 

2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of February 16, 2010. 

ADDRESSES: 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; e-mail 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. 

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 (telephone 800–647–5527) 

is the 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: 

Nancy Marsh, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356, telephone 

(425) 917–6440; fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a supplemental notice of 

proposed rulemaking (NPRM) to amend 

14 CFR part 39 to include an 

airworthiness directive (AD) that would 

apply to certain Model 737–600, –700, 

and –800 series airplanes. That 

supplemental NPRM was published in 

the Federal Register on March 6, 2009 

(74 FR 9776). That supplemental NPRM 

proposed to require an inspection of the 

free flange, vertical web, and radius 

between the free flange and vertical web 

of the lower stringers of the wing center 

section for drill starts, and applicable 

related investigative and corrective 

actions. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comments received from 

the commenters. 

Support for the Supplemental NPRM 

Air Transport Association (ATA), on 

behalf of its member, Continental 

Airlines (CAL), expresses support for 

the compliance time. 

Request To Align NPRMs Affecting 

Areas Under Enhanced Airworthiness 

Program for Airplane Systems (EAPAS) 

Regulations or Maintenance Planning 

Documents 

ATA, on behalf of its member CAL, 

notes that Boeing Alert Service Bulletin 

73–57A1294, dated April 23, 2007, was 

issued before airworthiness limitations 

(AWLs) 28–AWL–11 and 28–AWL–12 

were published. CAL points out that the 

service bulletin states to contact Boeing 

for repair instructions for crack findings 

to comply with the requirements of the 

supplemental NPRM. However, CAL 

states the supplemental NPRM and the 

service bulletin do not address how to 

comply with AWLs 28–AWL–11 and 

28–AWL–12 of Section 9 of the Boeing 

737–600/700/800/900 MPD Document 

D626A001–CMR if the repair 

instructions require installing fasteners 

into the fuel tank. CAL notes that FAA 

approval of the MPD AWLs can only be 

granted by the Manager, Seattle Aircraft 

Certification Office (ACO), FAA. 

We infer that CAL is asking that we 

revise the supplemental NPRM to clarify 

whether the corrective actions are 

compliant with EAPAS regulations or 

MPD AWLs. We partially agree with 

CAL’s request. We agree that operators 

benefit from notification that certain 

repairs covered by this AD are also 

potentially subject to compliance with 

the requirements of AD 2008–10–10, 

Amendment 39–15516 (73 FR 25986, 

May 8, 2008). AD 2008–10–10 mandates 

AWLs 28–AWL–11 and 28–AWL–12 

and requires that any new penetration 

into the fuel tank be approved for 

lightning considerations by the FAA, 

Seattle ACO. 

We disagree that a change to the 

supplemental NPRM is necessary. On 

April 15, 2009, Boeing issued 

MultiOperator Message (MOM) MOM– 

09–0178–01B, applicable to the 

following ADs: 

• AD 2008–04–11, Amendment 39– 

15383 (73 FR 9666, February 22, 2008) 

• AD 2008–04–10, Amendment 39– 

15382 (73 FR 9668, February 22, 2008) 

• AD 2008–10–09, Amendment 39– 

15515 (73 FR 25970, May 8, 2008) 

• AD 2008–10–10, Amendment 39– 

15516 (73 FR 25986, May 8, 2008) 

• AD 2008–10–07, Amendment 39– 

15513 (73 FR 25977, May 8, 2008) 

• AD 2008–10–06, Amendment 39– 

15512 (73 FR 25990, May 8, 2008) 

• AD 2008–10–11, Amendment 39– 

15517 (73 FR 25974, May 8, 2008) 

• AD 2008–11–01, Amendment 39– 

15523 (73 FR 29414, May 21, 2008) 

• AD 2008–11–13, Amendment 39– 

15536 (73 FR 30737, May 29, 2008) 

This MOM notifies operators that the 

FAA issued an alternative method of 

compliance (AMOC) to the same ADs. 

This AMOC states: 

Any alteration, design change, or repair 

involving new penetrations of the fuel tanks 

(such as a repair with fasteners, adding a 

bracket, bulkhead fitting or equipment) or 

change to the design features of the existing 

equipment penetrations (such as fuel 

measuring sticks, sump drain valves, fueling 

manifold, fuel temperature sensor, and motor 

operated fuel shutoff valve adapter plate) 

requires approval by the FAA Seattle ACO or 

an Authorized Representative (AR) of the 

Boeing Commercial Airplanes Delegated 

Compliance Organization (BDCO). 

However, any alteration, design change or 

repair involving new penetrations of the fuel 

tanks, accomplished in accordance with an 

FAA-approved Boeing Structural Repair 

Manual (SRM) or Boeing Service Bulletin is 

not subject to this requirement for additional 

approval. 

We consider that this AMOC and the 

subsequent MOM supplied by Boeing is 

sufficient notification and clarification 

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Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Rules and Regulations 1537 

because the MOM states that certain 

Boeing service bulletins do not require 

additional approval in accordance with 

AD 2008–10–10. We have not changed 

the AD in regard to this issue. 

Request To Allow ARs To Approve 

Repairs 

ATA, on behalf of its member CAL, 

requests that we revise the 

supplemental NPRM to grant delegated 

authority to Boeing to approve repairs 

mandated by this AD and AWLs 28– 

AWL–11 and 28–AWL–12 of Section 9 

of the Boeing 737–600/700/800/900 

MPD Document D626A001–CMR 

provided that only the fuel tank 

structure is affected, while the structural 

repair does not disrupt the fuel tank 

system. CAL states that it is concerned 

with complying with the MPD since 

Boeing Alert Service Bulletin 737– 

57A1294, dated April 23, 2007, was 

written before AWLs 28–AWL–11 and 

28–AWL–12. CAL notes that the service 

bulletin states to contact Boeing for 

repair instruction for crack findings. 

However, CAL notes that this AD and 

the service bulletin do not reference the 

AWLs in the event that Boeing repair 

instructions require fastener installation 

into the fuel tank. CAL points out that 

FAA approval to reference the MPD 

AWLs can be granted only by the 

Manager, Seattle ACO. 

We disagree with the request. We 

have approved an AMOC that allows 

designated ARs of the BDCO to approve 

fuel tank penetration for lightning 

considerations for several EAPAS rules. 

That AMOC is written against the 

specific AD requiring lightning 

approvals, which is not part of this AD. 

We have not changed the final rule in 

regard to this issue. 

Explanation of Change Made to This 

AD 

We have revised this AD to identify 

the correct legal name of the 

manufacturer as published in the most 

recent type certificate data sheet for the 

affected airplane models. 

Conclusion 

We reviewed the available data, 

including the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

with the changes described previously. 

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 17 

airplanes of U.S. registry. We also 

estimate that it would take 7 work-hours 

per product to comply with this AD. 

The average labor rate is $80 per workhour. Based on these figures, we 

estimate the cost of this AD to the U.S. 

operators to be $9,520, or $560 per 

product. 

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), and 

(3) 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. 

You can find our regulatory 

evaluation and the estimated costs of 

compliance in the AD Docket. 

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 AD: 

2010–01–08 The Boeing Company: 

Amendment 39–16166. Docket No. 

FAA–2008–0669; Directorate Identifier 

2007–NM–350–AD. 

Effective Date 

(a) This airworthiness directive (AD) is 

effective February 16, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to The Boeing 

Company Model 737–600, –700, and –800 

series airplanes, certificated in any category, 

as identified in Boeing Alert Service Bulletin 

737–57A1294, dated April 23, 2007. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 57: Wings. 

Unsafe Condition 

(e) This AD results from drill starts being 

found on the free flange of the lower stringers 

of the wing center section during a quality 

assurance inspection at the final assembly 

plant. We are issuing this AD to prevent 

cracks from propagating from drill starts in 

the free flange, vertical web, and radius 

between the free flange and vertical web of 

the lower stringers of the wing center section 

lower stringers, which could cause a loss of 

structural integrity of the wing center section 

and may result in a fuel leak. 

Compliance 

(f) Comply with this AD within the 

compliance times specified, unless already 

done. 

Inspection and Related Investigative and 

Corrective Actions 

(g) Before the accumulation of 18,000 total 

flight cycles, or within 90 days after the 

effective date of this AD, whichever occurs 

later, do a detailed inspection of the free 

flange, vertical web, and radius between the 

free flange and vertical web of the lower 

stringers of the wing center section for any 

drill start, and do all applicable related 

investigative and corrective actions, by 

accomplishing all the applicable actions 

specified in paragraphs 3.B.2 and 3.B.4 of the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 737–57A1294, dated April 

23, 2007; except as provided in paragraph (h) 

of this AD. The applicable related 

investigative and corrective actions must be 

done before further flight. 

(h) If any crack is found during any 

inspection required by paragraph (g) of this 

AD, and Boeing Alert Service Bulletin 737– 

57A1294, dated April 23, 2007, specifies to 

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1538 Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Rules and Regulations 

contact Boeing for appropriate action: Before 

further flight, repair the crack using a method 

approved in accordance with the procedures 

specified in paragraph (i) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(i)(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. Send information to ATTN: 

Nancy Marsh, Aerospace Engineer, Airframe 

Branch, ANM–120S, FAA, Seattle Aircraft 

Certification Office, 1601 Lind Avenue, SW., 

Renton, Washington 98057–3356; telephone 

(425) 917–6440; fax (425) 917–6590. Or, email information to 9-ANM-Seattle-ACOAMOC-Requests@faa.gov. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

Office. The AMOC approval letter must 

specifically reference this AD. 

(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 an 

Authorized Representative for the Boeing 

Commercial Airplanes Delegation Option 

Authorization Organization who 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. 

Material Incorporated by Reference 

(j) You must use Boeing Alert Service 

Bulletin 737–57A1294, dated April 23, 2007, 

to do the actions required by this AD, unless 

the AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(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; e-mail me.boecom@boeing.com; 

Internet https://www.myboeingfleet.com. 

(3) 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 or 425–227–1152. 

(4) 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/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on 

December 23, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–31286 Filed 1–11–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–1230; Directorate 

Identifier 2009–NM–088–AD; Amendment 

39–16165; AD 2010–01–07] 

RIN 2120–AA64 

Airworthiness Directives; Airbus (Type 

Certificate Previously Held by Airbus 

Industrie) Model A340–200, –300, –500, 

and –600 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

* * * * * 

* * * Revision 00 of AIRBUS A340 ALS 

[Airworthiness Limitations Section] Part 3: 

—adds new CMR (Certification Maintenance 

Requirements) tasks associated with 

modifications, 

—revises the applicability of some CMR 

tasks, 

—revises some CMR tasks with increased 

intervals, 

—revises a CMR task with a more restrictive 

interval, 

—deletes CMR task 282300–B0002–1–C 

* * *. 

Some of those changes constitute more 

restrictive requirements for aeroplane 

configuration already in service. Failure to 

comply with this Revision 00 of AIRBUS 

A340 ALS Part 3 constitutes an unsafe 

condition. 

* * * * * 

The unsafe condition is a safetysignificant latent failures that would, in 

combination with one or more other 

specific failures or events, result in a 

hazardous or catastrophic failure 

condition. This AD requires actions that 

are intended to address the unsafe 

condition described in the MCAI. 

DATES: This AD becomes effective 

January 27, 2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of January 27, 2010. 

We must receive comments on this 

AD by February 26, 2010. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–40, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office 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 street address for 

the Docket Operations office (telephone 

(800) 647–5527) is in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Vladimir Ulyanov, International Branch, 

ANM–116, Transport Airplane 

Directorate, FAA, 1601 Lind Avenue, 

SW., Renton, Washington 98057–3356; 

telephone (425) 227–1138; fax (425) 

227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2009–0098, 

dated April 22, 2009 (referred to after 

this as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

The Certification Maintenance 

Requirements (CMR) were given in the 

AIRBUS A340 CMR Document reference 

955.3019/92 up to revision 15, which was 

mandated by EASA AD 2007–0240, and 

referenced in the Airworthiness Limitations 

Section (ALS) Part 3. The content of the CMR 

Document has been recently transferred into 

the ALS Part 3 Revision 00, which is 

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