48288 Federal Register / Vol. 73, No. 161 / Tuesday, August 19, 2008 / Rules and Regulations 

Issued in Kansas City, Missouri, on August 

7, 2008. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. E8–18813 Filed 8–18–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–29174; Directorate 

Identifier 2007–NM–125–AD; Amendment 

39–15641; AD 2008–17–03] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 737–100, –200, –200C, –300, 

–400, and –500 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Boeing Model 737–100, –200, –200C, 

–300, –400, and –500 series airplanes. 

This AD requires repetitive inspections 

to detect cracking of the body station 

303.9 frame, and corrective action if 

necessary. This AD also provides for 

optional terminating action for the 

repetitive inspections. This AD results 

from reports of cracks found at the 

cutout in the web of body station frame 

303.9 inboard of stringer 16L. We are 

issuing this AD to detect and correct 

such cracking, which could prevent the 

left forward entry door from sealing 

correctly, and could cause in-flight 

decompression of the airplane. 

DATES: This AD is effective September 

23, 2008. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of September 23, 2008. 

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, P.O. Box 3707, 

Seattle, Washington 98124–2207. 

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: 

Howard Hall, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 917–6430; fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an airworthiness 

directive (AD) that would apply to 

certain Boeing Model 737–100, –200, 

–200C, –300, –400, and –500 series 

airplanes. That NPRM was published in 

the Federal Register on September 13, 

2007 (72 FR 52314). That NPRM 

proposed to require repetitive 

inspections to detect cracking of the 

body station 303.9 frame, and corrective 

action if necessary. That NPRM also 

proposed optional terminating action for 

the repetitive inspections. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comments received. 

Support for the NPRM 

Boeing concurs with the NPRM. 

Request To Delay Final Rule 

The Air Transport Association (ATA), 

on behalf of its member United Airlines, 

requests that we delay issuing the final 

rule until kits (to repair cracks or to 

terminate the repetitive inspections) are 

readily available from Boeing. Only 

Boeing kits are specified; Boeing kit 

65C37763–8 is under parts management 

control by Boeing. 

We disagree with the request to delay 

issuing the final rule. To delay this 

action would be inappropriate, since we 

have determined that an unsafe 

condition exists, and that inspections 

must be conducted in a timely manner 

to ensure continued safety. Boeing is 

aware of the pending AD. We have been 

advised that kits are currently available 

from Boeing Spares, and that Boeing has 

already made forecasts to ensure 

continued kit availability. Operators 

that order out-of-stock kits from Boeing 

can request permission from Boeing 

Spares to manufacture the kits. We have 

been advised that Boeing Spares will 

provide the drawings and specifications 

required to make kits. The kits related 

to this AD are made up of simple parts 

that should be easy for operators to 

fabricate. We have not changed the final 

rule regarding this issue. 

Request To Allow Existing Repairs as 

Terminating Action 

Continental requests that we revise 

the NPRM to allow existing FAAapproved repairs (in the inspection area 

specified in the NPRM) as terminating 

action for the proposed repetitive 

inspections. The commenter notes that 

the service bulletin has no provisions 

for inspecting existing FAA-approved 

repairs. 

While certain previously installed 

repairs might be acceptable as a 

terminating action for the AD 

inspections, we cannot classify all 

previously installed repairs—even ones 

approved by the FAA—as terminating 

action unless the repair is properly 

evaluated in light of the requirements of 

this AD. Paragraph (j) of the final rule 

provides operators the opportunity to 

request approval of specific repair 

configurations as terminating action. 

Such a request should include data/ 

rationale to show that the repair 

configuration provides an acceptable 

level of safety without continued 

inspections. We have not changed the 

final rule regarding this issue. 

Request To Extend Grace Period 

Continental Airlines requests that we 

revise the NPRM to extend the grace 

period for the initial inspection (for 

airplanes that have exceeded the 

specified flight-cycle threshold). The 

commenter requests an extension from 

2,250 flight cycles to 4,500 flight cycles 

to coincide with a scheduled heavy 

maintenance check. The commenter 

asserts that the proposed grace period 

would not give operators adequate time 

to comply with the AD without added 

financial and logistical burden on the 

airlines. The commenter refers to AD 

2005–20–03, amendment 39–14296 (70 

FR 56361, September 27, 2005). That 

AD also applies to Boeing Model 737–

100, –200, –200C, –300, –400, and –500 

series airplanes. That AD requires 

repetitive inspections of the intercostal 

webs, attachment clips, and stringer 

splice channels for cracks; and 

corrective action if necessary. The 

commenter states that the inspection 

area is the same for AD 2005–20–03 and 

the subject NPRM. The grace period for 

that AD is 4,500 flight cycles, so 

extending the grace period in the NPRM 

to 4,500 flight cycles will provide an 

acceptable safety level in this AD. 

We agree with the commenter’s 

request and rationale. We have revised 

paragraph (h) in this final rule 

accordingly. We have coordinated this 

change with Boeing. 


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Federal Register / Vol. 73, No. 161 / Tuesday, August 19, 2008 / Rules and Regulations 48289 

Request To Relax Dimensional 

Tolerances 

Continental requests that the 

dimensional requirements be specified 

to a maximum of two decimal places 

with a tolerance of ± 0.03 inch. Figure 

11, detail A, of Boeing Alert Service 

Bulletin 737–53A1188, Revision 2, 

dated May 9, 2007, specifies enlarging 

the slotted hole to dimensions of three 

decimal places. (Boeing Alert Service 

Bulletin 737–53A1197, dated August 25, 

2006, contains similar specifications.) 

The commenter asserts that a tight 

(three-decimal-place) tolerance is 

virtually impossible to attain with this 

particular modification. 

We agree that the noted dimension in 

the service bulletin is shown to three 

decimal places. But we disagree that the 

actual ‘‘build to’’ or ‘‘measure to’’

dimensions must be controlled to three 

decimal places. According to paragraph 

3.A. of the Accomplishment 

Instructions of the service bulletin, the 

tolerance for linear dimensions is ± 0.03 

inch. Given the two-decimal-place 

accuracy of this tolerance, the 

corresponding final dimension will 

require only two-decimal-place 

accuracy. So, for example, for a 

specified dimension of 1.29900 ± 0.03, 

the final ‘‘build to’’ and ‘‘measure to’’

dimensions, when appropriately 

rounded to the 2-decimal-place 

tolerance accuracy, are 1.27–1.33. We 

have not changed the final rule 

regarding this issue. 

Clarification of Required Service 

Information 

We have revised the final rule to 

clarify that Revision 2 of Boeing Alert 

Service Bulletin 737–53A1188 must be 

used for the requirements of paragraph 

(f) of this AD. 

Conclusion 

We reviewed the relevant data, 

considered the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

with the changes described previously. 

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 

There are about 2,765 airplanes of the 

affected design in the worldwide fleet. 

The following table provides the 

estimated costs, depending on airplane 

configuration, for U.S. operators to 

comply with this AD. 

ESTIMATED COSTS

Action Work hours Average labor 

rate per hour Parts Cost per airplane 

Number of 

U.S.- 

registered 

airplanes 

Fleet cost 

Inspection ................... 1 to 4 ............ $80 None ......................... $80 to $320, per inspection cycle.1,154 ............ $92,320 to $369,280, 

per inspection 

cycle. 

Repair/preventive 

change, if done.

12 to 30 ........ 80 $564 to $2,236 ......... $1,524 to $4,636 ...... Up to 1,154 .. Up to $5,349,944. 

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: 

2008–17–03 Boeing: Amendment 39–15641. 

Docket No. FAA–2007–29174; 

Directorate Identifier 2007–NM–125–AD. 

Effective Date 

(a) This airworthiness directive (AD) is 

effective September 23, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to the airplanes, 

certificated in any category, identified in 

Table 1 of this AD. 


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48290 Federal Register / Vol. 73, No. 161 / Tuesday, August 19, 2008 / Rules and Regulations 

TABLE 1—APPLICABILITY

Boeing model— As identified in Boeing Alert Service Bulletin— 

737–100, –200, and –200C series airplanes ........................................... 737–53A1197, dated August 25, 2006. 

737–300, –400, and –500 series airplanes .............................................. 737–53A1188, Revision 2, dated May 9, 2007, or 737–53A1197, dated 

August 25, 2006. 

Unsafe Condition 

(d) This AD results from reports of cracks 

found at the cutout in the web of body station 

frame 303.9 inboard of stringer 16L. We are 

issuing this AD to detect and correct such 

cracking, which could prevent the left 

forward entry door from sealing correctly, 

and could cause in-flight decompression of 

the airplane. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Repetitive Inspections: Service Bulletin 737–

53A1188 

(f) For airplanes identified in Boeing Alert 

Service Bulletin 737–53A1188, Revision 2, 

dated May 9, 2007, including airplanes 

modified by the repair/preventive change 

specified in the original version, dated April 

9, 1998; or Revision 1, dated March 18, 1999; 

of the service bulletin: Do detailed and high 

frequency eddy current (HFEC) inspections 

in the web and doubler around the slotted 

holes in the frame web at stringers 15L and 

16L, in accordance with the Accomplishment 

Instructions of Revision 2 of the service 

bulletin. Do the inspections at the applicable 

time specified in paragraph 1.E. of Revision 

2 of the service bulletin, except as provided 

by paragraph (h) of this AD. Do all applicable 

corrective actions before further flight in 

accordance with Revision 2 of the service 

bulletin, except as provided by paragraph (i) 

of this AD. Repeat the inspections at intervals 

not to exceed 4,500 flight cycles until 

accomplishment of the repair/preventive 

change in accordance with Revision 2 of the 

service bulletin, which terminates the 

repetitive inspection requirements. A repair/ 

preventive change done in accordance with 

the original version or Revision 1 of the 

service bulletin does not terminate the 

repetitive inspections, but the repetitive 

inspections may be terminated after the 

existing kit is replaced with a new kit in 

accordance with paragraph 3.B., Part II, step 

3, or Part III, step 3, of Revision 2 of the 

service bulletin. 

Repetitive Inspections: Service Bulletin 737–

53A1197 

(g) For airplanes identified in Boeing Alert 

Service Bulletin 737–53A1197, dated August 

25, 2006: Do an ultrasound inspection of the 

slot-shaped cutout in the web for the door 

stop strap at stringer 16L, an HFEC 

inspection of the web along the upper and 

lower edges of the doubler around the 

doorstop strap at stringer 16L, and a detailed 

inspection of the web around the doubler for 

the cutout at stringer 16L, in accordance with 

the Accomplishment Instructions of the 

service bulletin. Do the inspections at the 

applicable time specified in paragraph 1.E. of 

the service bulletin, except as provided by 

paragraph (h) of this AD. Do all applicable 

corrective actions before further flight in 

accordance with the service bulletin, except 

as provided by paragraph (i) of this AD. 

Repeat the inspections at intervals not to 

exceed 4,500 flight cycles, until 

accomplishment of the repair/preventive 

change in accordance with the service 

bulletin, which terminates the repetitive 

inspections. 

Exceptions to Service Bulletin Specifications 

(h) Where Boeing Alert Service Bulletin 

737–53A1188, Revision 2, dated May 9, 2007, 

and Boeing Alert Service Bulletin 737–

53A1197, dated August 25, 2006, specify a 

compliance time after release of the service 

bulletin, this AD requires compliance within 

the specified time after the effective date of 

this AD. For the initial inspection, the grace 

period for airplanes that have exceeded the 

specified threshold is extended to 4,500 

flight cycles after the effective date of this 

AD. 

(i) Where Boeing Alert Service Bulletin 

737–53A1188, Revision 2, dated May 9, 2007, 

and Boeing Alert Service Bulletin 737–

53A1197, dated August 25, 2006, specify to 

contact Boeing for appropriate action, 

including repair of damage outside the scope 

of the service bulletin, repair using a method 

approved in accordance with the procedures 

specified in paragraph (j) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(j)(1) The Manager, Seattle Aircraft 

Certification Office, FAA, ATTN: Howard 

Hall, Aerospace Engineer, Airframe Branch, 

ANM–120S; telephone (425) 917–6430; fax 

(425) 917–6590; has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. 

(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 appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

(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 

(k) You must use Boeing Alert Service 

Bulletin 737–53A1188, Revision 2, dated 

May 9, 2007; or Boeing Alert Service Bulletin 

737–53A1197, dated August 25, 2006; as 

applicable; 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, P.O. Box 3707, Seattle, 

Washington 98124–2207. 

(3) You may review copies of the service 

information incorporated by reference at the 

FAA, Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington; or 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 August 

6, 2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–18812 Filed 8–18–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0622; Directorate 

Identifier 2008–NM–064–AD; Amendment 

39–15642; AD 2008–17–04] 

RIN 2120–AA64 

Airworthiness Directives; BAE 

Systems (Operations) Limited 

(Jetstream) Model 4101 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

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 


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