[Federal Register Volume 80, Number 36 (Tuesday, February 24, 2015)]
[Proposed Rules]
[Pages 9667-9669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-03677]


========================================================================
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. 80, No. 36 / Tuesday, February 24, 2015 / 
Proposed Rules

[[Page 9667]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-0246; Directorate Identifier 2014-NM-187-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 737-300, -400, and -500 series 
airplanes. This proposed AD was prompted by reports of fatigue cracking 
found at the left-side and right-side upper frame, at a certain area. 
This proposed AD would require repetitive medium frequency eddy current 
(MFEC) inspections for cracking of the left-side and right-side upper 
frame, and repair (including open hole high frequency eddy current 
(HFEC) inspections for cracking of fastener holes) if necessary. This 
proposed AD also provides an optional preventative modification which 
would terminate the repetitive inspections at the modified location. We 
are proposing this AD to detect and correct fatigue cracking, which if 
not corrected, can grow in size and result in a severed frame, which 
could lead to rapid decompression and reduced structural integrity of 
the airplane.

DATES: We must receive comments on this proposed AD by April 10, 2015.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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, 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-
0246.

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-
0246; 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: Wayne Lockett, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office 
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6447; fax: 425-917-6590; email: <a href="/cdn-cgi/l/email-protection#fa8d9b83949fd4969599919f8e8eba9c9b9bd49d958c"><span class="__cf_email__" data-cfemail="7502140c1b105b191a161e100101351314145b121a03">[email protected]</span></a>.

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-2015-0246; 
Directorate Identifier 2014-NM-187-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 reports of fatigue cracking found at frame station 360 
between stringer 13 and stringer 14. At the time of crack detection, 
the airplanes had accumulated between 37,826 to 42,986 total flight 
cycles. The reported cracks ranged from 0.35 inches to 1.5 inches in 
length. Cracking of the left-side or right-side upper frame at station 
360 between stringer 13 and stringer 14, if not corrected, can grow in 
size and result in a severed frame, which could lead to rapid 
decompression and reduced structural integrity of the airplane.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 737-53A1339, dated August 
12, 2014. This service information describes procedures for inspections 
for cracking of the left-side and right-side upper frame, at station 
360 between stringer 13 and stringer 14; repair, and optional 
preventative modification. For information on the procedures and 
compliance times, see this service information. This service 
information is reasonably available; see ADDRESSES for ways to access 
this service information.

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.''

[[Page 9668]]

Explanation of ``RC'' Steps in Service Information

    The FAA worked in conjunction with industry, under the 
Airworthiness Directives Implementation Aviation Rulemaking Committee 
(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 steps identified as RC (required for 
compliance) in any service information identified previously have a 
direct effect on detecting, preventing, resolving, or eliminating an 
identified unsafe condition.
    Steps that are identified as RC in any service information must be 
done to comply with the proposed AD. However, steps that are not 
identified as RC are recommended. Those steps that are not identified 
as RC may be deviated from using accepted methods in accordance with 
the operator's maintenance or inspection program without obtaining 
approval of an alternative method of compliance (AMOC), provided the 
steps identified as RC can be done and the airplane can be put back in 
a serviceable condition. Any substitutions or changes to steps 
identified as RC will require approval of an AMOC.

Differences Between This Proposed AD and the Service Information

    Boeing Alert Service Bulletin 737-53A1339, dated August 12, 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:
    <bullet> In accordance with a method that we approve; or
    <bullet> 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 109 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....................  14 work-hours x $85 per              $0  $1,190 per          $129,710 per
                                  hour = $1,190 per                        inspection cycle.   inspection cycle.
                                  inspection cycle.
Preventative modification        15 work-hours x $85 per              $0  $1,275 per          $138,975 per
 (optional).                      hour = $1,275 per                        inspection cycle.   inspection cycle.
                                  inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary on-condition 
actions that would be required based on the results of the proposed 
inspection. We have no way of determining the number of aircraft that 
might need these actions:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Repair and open hole HFEC inspection.......  36 work-hours x $85 per hour =                   $0          $3,060
                                              $3,060.
----------------------------------------------------------------------------------------------------------------

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 proposed 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):


[[Page 9669]]


The Boeing Company: Docket No. FAA-2015-0246; Directorate Identifier 
2014-NM-187-AD.

(a) Comments Due Date

    We must receive comments by April 10, 2015.

(b) Affected ADs

    None.

(c) Applicability

    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 737-53A1339, dated August 12, 2014.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of fatigue cracking found at the 
left-side and right-side upper frame, at station 360 between 
stringer 13 and stringer 14. We are issuing this AD to detect and 
correct fatigue cracking of the left-side and right-side upper frame 
at station 360 between stringer 13 and stringer 14, which if not 
corrected, can grow in size and result in a severed frame, which 
could lead to rapid decompression and reduced structural integrity 
of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Repetitive Inspections for Cracking

    At the applicable times specified in table 1 of paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 737-53A1339, dated 
August 12, 2014, except as required by paragraph (i)(2) of this AD: 
Do a medium frequency eddy current (MFEC) inspection for cracking on 
the left-side and right-side of the upper frame at Station 360 
between stringer 13 and stringer 14, in accordance with Part 2 of 
the Accomplishment Instructions of Boeing Alert Service Bulletin 
737-53A1339, dated August 12, 2014. If no cracking is found, repeat 
the inspections at the applicable times specified in Table 1 of 
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 
737-53A1339, dated August 12, 2014. Accomplishment of the actions 
specified in paragraph (j) of this AD terminates the repetitive 
inspections required by this paragraph at the modified area only.

(h) Repair

    If any cracking is found during any inspection required by 
paragraph (g) of this AD: Before further flight, repair the cracking 
including doing an open hole high frequency eddy current (HFEC) 
inspection for cracking of the holes, in accordance with Part 3 of 
the Accomplishment Instructions of Boeing Alert Service Bulletin 
737-53A1339, dated August 12, 2014, except as required by paragraph 
(i)(1) of this AD. Repair of any crack terminates the repetitive 
inspection requirements of paragraph (g) of this AD for the repaired 
area only. If any cracking is found during any inspection required 
by this paragraph, repair using a method approved in accordance with 
the procedures specified in paragraph (l) of this AD.

(i) Exceptions to the Service Information

    (1) Where Boeing Alert Service Bulletin 737-53A1339, dated 
August 12, 2014, specifies contacting Boeing for repair 
instructions: Before further flight, repair using a method approved 
in accordance with the procedures specified in paragraph (l) of this 
AD.
    (2) Where Boeing Alert Service Bulletin 737-53A1339, dated 
August 12, 2014, specifies a compliance time ``after the original 
issue date of this service bulletin,'' this AD requires compliance 
within the specified time after the effective date of this AD.

(j) Optional Preventative Modification

    Modification of an inspection area specified in paragraph (g) of 
this AD, including doing open hole and surface HFEC inspections for 
cracking of the area to be modified, in accordance with Part 4 of 
the Accomplishment Instructions of Boeing Alert Service Bulletin 
737-53A1339, dated August 12, 2014, except as required by paragraph 
(i)(1) of this AD, terminates the repetitive inspections required by 
paragraph (g) of this AD at the modified location only.

(k) Post-Repair and Post-Modification Inspections

    The post-repair and post-modification inspections specified in 
Tables 4 and 5 of paragraph 1.E., ``Compliance,'' of Boeing Alert 
Service Bulletin 737-53A1339, dated August 12, 2014, are not 
required by this AD.
    Note 1 to paragraph (k) of this AD: The post-repair and post-
modification inspections specified in Tables 4 and 5 of paragraph 
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-53A1339, 
dated August 12, 2014, may be used in support of compliance with 
section 121.1109(c)(2) or 129.109(b)(2) of the Federal Aviation 
Regulations (14 CFR 121.1109(c)(2) or 14 CFR 129.109(b)(2)).

(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 (m)(1) of this AD. 
Information may be emailed to: <a href="/cdn-cgi/l/email-protection#5a63771b141777093f3b2e2e363f771b1915771b17151977083f2b2f3f292e291a3c3b3b743d352c"><span class="__cf_email__" data-cfemail="bd8490fcf3f090eed8dcc9c9d1d890fcfef290fcf0f2fe90efd8ccc8d8cec9cefddbdcdc93dad2cb">[email protected]</span></a>.
    (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 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) Except as required by paragraph (i)(1) of this AD: If any 
service information contains steps that are identified as RC 
(Required for Compliance), those steps must be done to comply with 
this AD; any steps that are not identified as RC are recommended. 
Those steps that are not identified 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 steps identified as RC can be done and the airplane can be put 
back in a serviceable condition. Any substitutions or changes to 
steps identified as RC require approval of an AMOC.

(m) Related Information

    (1) For more information about this AD, contact Wayne Lockett, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone: 425-917-6447; fax: 425-917-6590; email: 
<a href="/cdn-cgi/l/email-protection#5e293f27303b7032313d353b2a2a1e383f3f70393128"><span class="__cf_email__" data-cfemail="1e697f67707b3072717d757b6a6a5e787f7f30797168">[email protected]</span></a>.
    (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 February 11, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-03677 Filed 2-23-15; 8:45 am]
BILLING CODE 4910-13-P


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