Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Rules and Regulations 43483 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Part Number Inspection 

Within 100 flight cycles after the effective 

date of this AD, inspect the left and right 

MLG retract actuator rod ends to determine 

if part number (P/N) P3A2750 or P3A2750– 

1 is installed. A review of airplane 

maintenance records is acceptable in lieu of 

this inspection if the part number can be 

conclusively determined from that review. 

(h) Repetitive Liquid Penetrant Inspections 

(LPIs) 

For each left or right MLG retract actuator 

rod end having P/N P3A2750 or P3A2750–1: 

At the applicable time specified in paragraph 

(h)(1) or (h)(2) of this AD, do an LPI to detect 

cracks of the MLG retract actuator rod end, 

in accordance with the Accomplishment 

Instructions of Bombardier Service Bulletin 

84–32–142, dated May 4, 2016, except as 

required by paragraph (k) of this AD. 

Thereafter, repeat the LPI at intervals not to 

exceed 600 flight cycles. 

(1) If the MLG retract actuator rod end has 

accumulated more than 6,000 flight cycles as 

of the effective date of this AD: Inspect 

within 100 flight cycles after the effective 

date of this AD. 

(2) If the MLG retract actuator rod end has 

accumulated 6,000 flight cycles or fewer as 

of the effective date of this AD: Inspect 

within 600 flight cycles after the effective 

date of this AD. 

(i) Corrective Action 

If any crack is found during any inspection 

required by paragraph (h) of this AD, before 

further flight replace the cracked MLG retract 

actuator rod end, P/N P3A2750 or P3A2750– 

1, with a MLG retract actuator rod end, P/N 

P3A6460 in accordance with the 

Accomplishment Instructions of Bombardier 

Service Bulletin 84–32–142, dated May 4, 

2016, except as required by paragraph (k) of 

this AD. 

(j) Optional Replacement 

Replacement of the left and right side MLG 

retract actuator rod ends, P/N P3A2750 or 

P3A2750–1, with left and right MLG retract 

actuator rod ends, P/N P3A6460, in 

accordance with the Accomplishment 

Instructions of Bombardier Service Bulletin 

84–32–142, dated May 4, 2016, except as 

required by paragraph (k) of this AD, 

constitutes terminating action for the actions 

required by paragraphs (g) and (h) of this AD 

for that airplane. 

(k) Exception to Paragraphs (h), (i), and (j) 

of This AD 

If it is not possible to complete all the 

instructions in Bombardier Service Bulletin 

84–32–142, dated May 4, 2016 because of the 

configuration of the airplane: Before further 

flight, repair using a method approved by the 

Manager, New York ACO, ANE–170, FAA; or 

Transport Canada Civil Aviation (TCCA); or 

Bombardier, Inc.’s TCCA Design Approval 

Organization (DAO). 

(l) Parts Installation Prohibition 

As of the effective date of this AD, no 

person may install a left or right MLG retract 

actuator rod end, P/N P3A2750 or P3A2750– 

1, on any airplane. 

(m) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, New York ACO, 

ANE–170, 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 ACO, send it to ATTN: Program 

Manager, Continuing Operational Safety, 

FAA, New York ACO, 1600 Stewart Avenue, 

Suite 410, Westbury, NY 11590; telephone 

516–228–7300; fax 516–794–5531. 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. The AMOC approval 

letter must specifically reference this AD. 

(2) Contacting the Manufacturer: As of the 

effective date of this AD, for any requirement 

in this AD to obtain corrective actions from 

a manufacturer, the action must be 

accomplished using a method approved by 

the Manager, New York ACO, ANE–170, 

FAA; or Transport Canada Civil Aviation 

(TCCA); or Bombardier, Inc.’s TCCA Design 

Approval Organization (DAO). If approved by 

the DAO, the approval must include the 

DAO-authorized signature. 

(n) Related Information 

Refer to Mandatory Continuing 

Airworthiness Information (MCAI) Canadian 

AD CF–2016–16, dated May 20, 2016, for 

related information. You may examine the 

MCAI on the Internet at http://

www.regulations.gov by searching for and 

locating Docket No. FAA–2016–7422. 

(o) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless this AD specifies otherwise. 

(i) Bombardier Service Bulletin 84–32–142, 

dated May 4, 2016. 

(ii) Reserved. 

(3) For service information identified in 

this AD, contact Bombardier, Inc., Q-Series 

Technical Help Desk, 123 Garratt Boulevard, 

Toronto, Ontario M3K 1Y5, Canada; 

telephone: 416–375–4000; fax: 416–375– 

4539; email: thd.qseries@

aero.bombardier.com; Internet: http://

www.bombardier.com. 

(4) You may view this 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. 

(5) You may view this 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/cfr/ibrlocations.html. 

Issued in Renton, Washington, on June 22, 

2016. 

Dorr M. Anderson, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2016–15357 Filed 7–1–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2015–3628; Directorate 

Identifier 2015–NM–025–AD; Amendment 

39–18574; AD 2016–13–10] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are superseding 

Airworthiness Directive (AD) 2012–12– 

04, for certain The Boeing Company 

Model 737–300, –400, and –500 series 

airplanes. AD 2012–12–04 required 

repetitive external detailed inspections 

and nondestructive inspections to detect 

cracks in the fuselage skin along the 

chem-mill steps at stringers S–1 and S– 

2R, between station (STA) 400 and STA 

460, and repair if necessary. This new 

AD requires a preventive modification 

of the fuselage skin at crown stringers 

S–1 and S–2R. This new AD also 

reduces the inspection threshold for 

certain airplanes. This AD was 

prompted by a determination that, for 

certain airplanes, the skin pockets 

adjacent to the Air Traffic Control (ATC) 

antenna are susceptible to widespread 

fatigue damage. We are issuing this AD 

to detect and correct fatigue cracking of 

the fuselage skin panels at the chemmill steps, which could result in sudden 

fracture and failure of the fuselage skin 

panels, and consequent rapid 

decompression of the airplane. 

DATES: This AD is effective August 9, 

2016. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of August 9, 2016. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain other publication listed in 


sradovich on DSK3GDR082PROD with RULES
43484 Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Rules and Regulations 

this AD as of July 23, 2012 (77 FR 

36134, June 18, 2012). 

ADDRESSES: For service information 

identified in this final rule, 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. It is also 

available on the Internet at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2015– 

3628. 

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– 

3628; 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 (phone: 800–647–5527) is 

Docket 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: 

Jennifer Tsakoumakis, Aerospace 

Engineer, Airframe Branch, ANM–120L, 

FAA, Los Angeles Aircraft Certification 

Office (ACO), 3960 Paramount 

Boulevard, Lakewood, CA 90712–4137; 

phone: 562–627–5264; fax: 562–627– 

5210; email: jennifer.tsakoumakis@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to supersede AD 2012–12–04, 

Amendment 39–17083 (77 FR 36134, 

June 18, 2012) (‘‘AD 2012–12–04’’). AD 

2012–12–04 applied to certain The 

Boeing Company Model 737–300, –400, 

and –500 series airplanes. The NPRM 

published in the Federal Register on 

September 14, 2015 (80 FR 55045) (‘‘the 

NPRM’’). The NPRM was prompted by 

a determination that, for certain 

airplanes, the skin pockets adjacent to 

the ATC antenna are susceptible to 

widespread fatigue damage. The NPRM 

proposed to continue to require 

repetitive external detailed inspections 

and nondestructive inspections to detect 

cracks in the fuselage skin along the 

chem-mill steps at stringers S–1 and S– 

2R, between STA 400 and STA 460, and 

repair if necessary. The NPRM also 

proposed to require a preventive 

modification of the fuselage skin at 

crown stringers S–1 and S–2R. In 

addition, the NPRM proposed to revise 

certain compliance times. We are 

issuing this AD to detect and correct 

fatigue cracking of the fuselage skin 

panels at the chem-mill steps, which 

could result in sudden fracture and 

failure of the fuselage skin panels, and 

consequent rapid decompression of the 

airplane. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. The 

following presents the comments 

received on the NPRM and the FAA’s 

response to each comment. 

Requests To Clarify Compliance Time 

Changes 

Boeing asked that we change the 

NPRM preamble, which stated that the 

proposed AD would reduce the 

inspection thresholds ‘‘and repetitive 

intervals’’ for certain airplanes. Boeing 

stated that the repetitive inspection 

intervals specified in Boeing Alert 

Service Bulletin 737–53A1293, Revision 

3, dated January 23, 2015, remain 

unchanged from the previous version of 

the service information, which was 

mandated by AD 2012–12–04. Boeing 

added that Boeing Alert Service Bulletin 

737–53A1293, Revision 3, dated January 

23, 2015, reduced only the inspection 

threshold for those airplanes. 

We agree with the commenter’s 

request for the reason provided. We 

have changed the language in the 

SUMMARY of this final rule accordingly. 

Request To Clarify Acceptable Previous 

Alternative Methods of Compliance 

(AMOCs) 

Boeing and Southwest Airlines (SWA) 

asked that we revise paragraph (l)(4) of 

the proposed AD. Boeing requested that 

we state that AMOCs approved for AD 

2012–12–04 are approved as AMOCs for 

‘‘all corresponding requirements’’— 

instead of just the requirements of 

paragraph (g)—of the proposed AD. 

Boeing stated that this proposed change 

matches the wording in paragraph (l)(4) 

of AD 2012–12–04. SWA added that 

paragraph (l)(4) of the proposed AD 

does not provide credit for AMOCs 

approved for the actions specified in 

paragraphs (f) and (g) of AD 2008–19– 

03, Amendment 39–15670 (73 FR 

56958, October 1, 2008) (‘‘AD 2008–19– 

03’’). (AD 2008–19–03 was superseded 

by AD 2012–12–04.) 

We agree to revise paragraph (n)(4) of 

this AD (paragraph (l)(4) of the proposed 

AD) to specify that AMOCs approved for 

AD 2012–12–04 are approved as 

AMOCs for all the corresponding 

provisions of this AD. 

It is not necessary, however, to state 

that AMOCs approved for AD 2008–19– 

03 are approved for the requirements of 

this AD. When AD 2008–19–03 was 

superseded, the corresponding 

provisions of AD 2008–19–03 were 

retained in AD 2012–12–04. Therefore, 

no change to this final rule is necessary 

in this regard. 

Request To Separate Certain Actions 

for Clarification 

Boeing, ASL Airlines France, and 

SWA asked that we clarify the 

requirements of paragraph (h) of the 

proposed AD by separating the actions 

into two core paragraphs: One 

paragraph for ‘‘Repairs’’ and one 

paragraph for the ‘‘Preventive 

Modification.’’ Boeing stated that tables 

1, 2, and 3 of Boeing Alert Service 

Bulletin 737–53A1293, Revision 3, 

dated January 23, 2015, address the 

repair and preventive modification 

instructions for Group 1 airplanes, and 

table 5 addresses repair instructions for 

Group 2 airplanes; therefore table 5 

should not be included in paragraph 

(h)(2) of the proposed AD. Boeing also 

stated that Note (e) of tables 1, 2, and 

3 of Boeing Alert Service Bulletin 737– 

53A1293, Revision 3, dated January 23, 

2015, provides a terminating action 

provision for the repetitive inspections 

under the installed preventive 

modification doubler; therefore a 

terminating action should be added to 

paragraph (h)(2) of the proposed AD. 

ASL Airlines France stated that, as 

written, paragraph (h) of the proposed 

AD is confusing because it would 

require the preventive modification 

specified in paragraph (h)(2) of the 

proposed AD to be installed only if 

cracking is found. SWA stated that 

Boeing Alert Service Bulletin 737– 

53A1293, Revision 3, dated January 23, 

2015, does not provide repair 

instructions for cracks found in four or 

more tear strap bays and certain other 

conditions, as specified in figure 6 or 

figure 8 of the Accomplishment 

Instructions. SWA asked that a 

provision be added to paragraph (h)(2) 

of the proposed AD to allow for both 

new and existing repairs to remain on 

the airplane if the repair covers all eight 

chem-mill step inspection areas 

between STA 410 and STA 450, if 

approved by the FAA or a Boeingapproved representative. 


sradovich on DSK3GDR082PROD with RULES
Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Rules and Regulations 43485 

We agree with the commenters’ 

requests for the reasons provided. We 

have separated paragraph (h) of the 

proposed AD into paragraphs (h) and (i) 

of this AD to clarify the actions 

identified by the commenters (and have 

redesignated subsequent paragraphs 

accordingly). 

Request To Add Exception for the 

Preventive Modification 

Boeing asked that we add a new 

exception to address the preventive 

modification. Boeing stated that 

paragraph (j)(3) of the proposed AD 

addresses repairs, and a similar 

paragraph needs to be added to address 

the preventive modification specified in 

Part 9 of the Accomplishment 

Instructions of Boeing Alert Service 

Bulletin 737–53A1293, Revision 3, 

dated January 23, 2015; Part 9 specifies 

contacting Boeing for preventive 

modification instructions. Boeing added 

that the new exception should be done 

using a method approved by the FAA or 

a Boeing approved representative. 

We agree with the commenter’s 

request. Part 9 of the Accomplishment 

Instructions of Boeing Alert Service 

Bulletin 737–53A1293, Revision 3, 

dated January 23, 2015, specifies 

contacting Boeing for modification 

instructions if an existing repair is 

installed that was not accomplished in 

accordance with Boeing Alert Service 

Bulletin 737–53A1293, Revision 3, 

dated January 23, 2015. We have revised 

paragraph (l)(3) of this AD (paragraph 

(j)(3) of the proposed AD) to include the 

exception to account for the preventive 

modification. 

Effect of Winglets on Accomplishment 

of the Proposed Actions 

Aviation Partners Boeing stated that 

accomplishing the supplemental type 

certificate (STC) ST01219SE does not 

affect the actions specified in the 

NPRM. 

We agree with the commenter. We 

have redesignated paragraph (c) of the 

proposed AD as (c)(1) and added new 

paragraph (c)(2) to this AD to state that 

installation of STC ST01219SE (http://

rgl.faa.gov/Regulatory_and_Guidance_

Library/rgstc.nsf/0/BE866B732F6CF31

086257B9700692796?OpenDocument&

Highlight=st01219se) does not affect the 

ability to accomplish the actions 

required by this final rule. Therefore, for 

airplanes on which STC ST01219SE is 

installed, a ‘‘change in product’’ AMOC 

approval request is not necessary to 

comply with the requirements of 14 CFR 

39.17. 

Request To Restate the Optional 

Modification in AD 2012–12–04 

Boeing and Al Nippon Airways 

(ANA) asked that the optional 

modification specified in paragraph (i) 

of AD 2012–12–04 be restated in this 

AD. The commenters stated that Section 

1.F., ‘‘Approval’’ of Boeing Alert Service 

Bulletin 737–53A1305, Revision 1, 

dated September 19, 2012, includes 

approval of the accomplishment of the 

inspections and modifications, in 

accordance with that service 

information for the modified area only, 

as a method of compliance with the 

modification specified in paragraph (i) 

of AD 2012–12–04. The commenters 

added that since the optional 

modification is not restated in the 

proposed AD, this approval is now 

eliminated. 

We agree with the commenters for the 

reasons provided. We have restated the 

optional modification in new paragraph 

(j) of this AD (paragraph (i) of AD 2012– 

12–04), and redesignated subsequent 

paragraphs accordingly. 

Request To Clarify the Extent of AMOC 

Approvals 

Boeing asked whether AMOCs would 

be considered for ‘‘preventive 

modifications,’’ in addition to repairs, in 

paragraph (l)(3) of the proposed AD. 

Boeing stated that adding this would 

address the AMOC requirement for the 

mandatory preventive modification. 

We agree with the commenter’s 

request because deviations to the 

mandated preventive modification are 

possible. Therefore, we have added 

‘‘modification’’ (as well as ‘‘alteration’’) 

to paragraph (n)(3) of this AD 

(paragraph (l)(3) of the proposed AD). 

Request To Clarify Exception 

ASL Airlines France asked that we 

clarify the reference in paragraph 1.E., 

‘‘Compliance,’’ of Boeing Alert Service 

Bulletin 737–53A1293, Revision 3, 

dated January 23, 2015, specified in the 

‘‘Condition’’ columns. The commenter 

stated that the flight-cycle compliance 

time referred to in these columns 

specifies ‘‘at the Revision 3 date of this 

service bulletin’’ instead of ‘‘as of the 

effective date of this AD.’’ The 

commenter asked that we include a new 

paragraph to clarify that ‘‘as of the 

effective date of this AD’’ should be 

used for compliance throughout the 

proposed AD. 

We acknowledge the commenter’s 

concern; however, paragraph (l)(1) of 

the proposed AD already addressed this 

difference; paragraph (j)(2) of this AD 

retains this provision. Therefore, no 

change to this AD is necessary in this 

regard. 

Request To Correct Typographical 

Errors 

Boeing and ASL Airlines France 

asked that we correct the paragraph 

reference in Note 1 to paragraph (i) of 

the proposed AD and in paragraph (j)(3) 

of the proposed AD. The commenters 

stated that these are typographical 

errors. 

The information in Note 1 to 

paragraph (i) of the proposed AD has 

been included in paragraph (j) of this 

final rule (paragraph (i) of the proposed 

AD), therefore ‘‘Note 1’’ no longer exists. 

In light of this, the requested correction 

is not necessary in this regard. We have 

corrected the reference in paragraph 

(j)(3) of the proposed AD (paragraph 

(l)(3) of this AD) accordingly. 

Change to Paragraph (k) of This AD 

We have revised the language in 

paragraph (k) of this AD (paragraph (i) 

in the proposed AD) to clarify that the 

post-repair/post-modification 

inspections are airworthiness 

limitations that are required by 

maintenance and operational rules; 

therefore, these inspections are not 

required by this AD. 

Conclusion 

We reviewed the relevant data, 

considered the comments received, and 

determined that air safety and the 

public interest require adopting this AD 

with the changes described previously 

and minor editorial changes. We have 

determined that these minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM for 

correcting the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM. 

We also determined that these 

changes will not increase the economic 

burden on any operator or increase the 

scope of this AD. 

Related Service Information Under 1 

CFR Part 51 

We reviewed Boeing Alert Service 

Bulletin 737–53A1293, Revision 3, 

dated January 23, 2015. The service 

information describes procedures for 

repetitive external detailed inspections 

and non-destructive inspections to 

detect cracks in the fuselage skin along 

the chem-mill steps at stringers S–1 and 

S–2R, between STA 400 and STA 460, 

and repair of any cracking. The service 

information also describes procedures 

for a modification of the chem-mill 

steps at the locations identified, 

including related investigative actions 

and corrective actions, and repetitive 

post-mod inspections. This service 

information is reasonably available 


sradovich on DSK3GDR082PROD with RULES
43486 Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Rules and Regulations 

because the interested parties have 

access to it through their normal course 

of business or by the means identified 

in the ADDRESSES section. 

Costs of Compliance 

We estimate that this AD affects 186 

airplanes of U.S. registry. 

We estimate the following costs to 

comply with this AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per product Cost on U.S. operators 

Retained inspections from AD 

2012–12–04.

Between 7 and 15 work-hours 

× $85 per hour, depending 

on airplane configuration = 

between $595 and $1,275 

per inspection cycle.

$0 Between $595 and $1,275 

per inspection cycle.

Between $110,670 and 

$237,150 per inspection 

cycle. 

New modification .................... 236 work-hours × $85 per 

hour = $20,060.

1 $20,060 .................................. $3,731,160. 

1We currently have no specific cost estimates associated with the parts necessary for the modification. We cannot determine the cost of the 

materials because the modification parts must be sized at the time the modification is installed, taking into account any existing repairs in the 

area. 

We have received no definitive data 

that enables us to provide a cost 

estimate for the on-condition actions 

specified in this AD. 

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 have determined that 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), 

(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. 

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 

removing Airworthiness Directive (AD) 

2012–12–04, Amendment 39–17083 (77 

FR 36134, June 18, 2012), and adding 

the following new AD: 

2016–13–10 The Boeing Company: 

Amendment 39–18574; Docket No. 

FAA–2015–3628; Directorate Identifier 

2015–NM–025–AD. 

(a) Effective Date 

This AD is effective August 9, 2016. 

(b) Affected ADs 

This AD replaces AD 2012–12–04, 

Amendment 39–17083 (77 FR 36134, June 

18, 2012) (‘‘AD 2012–12–04’’). 

(c) Applicability 

(1) 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 

737–53A1293, Revision 3, dated January 23, 

2015. 

(2) Installation of Supplemental Type 

Certificate (STC) ST01219SE (http://rgl.faa.

gov/Regulatory_and_Guidance_Library/

rgstc.nsf/0/BE866B732F6CF31086257B97006

92796?OpenDocument&Highlight=st01219se) 

does not affect the ability to accomplish the 

actions required by this AD. Therefore, for 

airplanes on which STC ST01219SE is 

installed, a ‘‘change in product’’ alternative 

method of compliance (AMOC) approval 

request is not necessary to comply with the 

requirements of 14 CFR 39.17. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 53, Fuselage. 

(e) Unsafe Condition 

This AD was prompted by reports of cracks 

found on the fuselage skin at the chem-mill 

steps, and the determination that, for certain 

airplanes, the skin pockets adjacent to the Air 

Traffic Control antenna are susceptible to 

widespread fatigue damage. We are issuing 

this AD to detect and correct fatigue cracking 

of the fuselage skin panels at the chem-mill 

steps, which could result in sudden fracture 

and failure of the fuselage skin panels, 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 tables 

1, 2, 3, and 5 of paragraph 1.E., 

‘‘Compliance,’’ of Boeing Alert Service 

Bulletin 737–53A1293, Revision 3, dated 

January 23, 2015, except as required by 

paragraphs (l)(1) and (l)(2) of this AD: Do the 

actions specified in paragraphs (g)(1) and 

(g)(2) of this AD, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 737–53A1293, Revision 3, 

dated January 23, 2015, except as required by 

paragraph (l)(3) of this AD. Repeat the 

applicable inspections thereafter at the 

applicable times specified in paragraph 1.E., 

‘‘Compliance,’’ of Boeing Alert Service 

Bulletin 737–53A1293, Revision 3, dated 

January 23, 2015. 


sradovich on DSK3GDR082PROD with RULES
Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Rules and Regulations 43487 

(1) Do an external detailed inspection for 

cracking of the fuselage skin chem-mill steps. 

(2) Do an external non-destructive 

(medium frequency eddy current, magneto 

optical imaging, C-Scan, or ultrasonic phased 

array) inspection for cracking of the fuselage 

skin chem-mill steps. 

(h) Repair 

If any cracking is found during any 

inspection required by paragraph (g) of this 

AD, do the applicable actions specified in 

paragraph (h)(1), (h)(2), or (h)(3) of this AD. 

(1) Repair before further flight in 

accordance with Part 2 (for Group 1 

airplanes) or Part 7 (for Group 2 airplanes) of 

the Accomplishment Instructions of Boeing 

Alert Service Bulletin 737–53A1293, 

Revision 3, dated January 23, 2015; except as 

required by paragraph (l)(3) of this AD. 

Installation of a repair that meets the 

conditions specified in Note (a) of table 1, 2, 

3, or 5 of paragraph 1.E., ‘‘Compliance,’’ of 

Boeing Alert Service Bulletin 737–53A1293, 

Revision 3, dated January 23, 2015, 

terminates the repetitive inspections required 

by paragraph (g) of this AD for the area 

covered by that repair only. 

(2) For Group 1 airplanes: Accomplishing 

the modification specified in paragraph (i) of 

this AD is a method of compliance with 

paragraph (h)(1) of this AD. 

(3) If any cracking is found in any area not 

covered by the preventive modification 

doubler during any inspection required by 

paragraph (g) of this AD: Repair before 

further flight, in accordance with Part 3 of 

the Accomplishment Instructions of Boeing 

Alert Service Bulletin 737–53A1293, 

Revision 3, dated January 23, 2015, except as 

provided by paragraph (n)(4) of this AD. Both 

new and existing repairs are allowed if the 

repair covers all eight chem-mill step 

inspection areas between STA 410 and STA 

450, and the repairs were done using a 

method approved in accordance with the 

procedures specified in paragraph (n)(1) of 

this AD. 

(i) Preventive Modification 

For Group 1 airplanes: At the applicable 

time specified in tables 1, 2 and 3 of 

paragraph 1.E., ‘‘Compliance,’’ of Boeing 

Alert Service Bulletin 737–53A1293, 

Revision 3, dated January 23, 2015, except as 

required by paragraphs (l)(1) and (l)(2) of this 

AD, do a preventive modification of the 

fuselage skin at crown stringers S–1 and S– 

2R, including all applicable related 

investigative actions in accordance with Part 

9 of the Accomplishment Instructions of 

Boeing Alert Service Bulletin 737–53A1293, 

Revision 3, dated January 23, 2015, except as 

provided by paragraph (n)(4) of this AD. Do 

all applicable related investigative actions 

concurrently with the modification. 

Installation of a preventive modification 

terminates the repetitive inspections required 

by paragraph (g) of this AD for the modified 

area only. Thereafter, repeat the inspections 

specified in Part 3 of the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

737–53A1293, Revision 3, dated January 23, 

2015. 

(j) Optional Modification 

Accomplishing a modification of the chemmill steps at any location identified in Boeing 

Service Bulletin 737–53A1293, Revision 2, 

dated August 10, 2011, using a method 

approved in accordance with the procedures 

specified in paragraph (n)(1) of this AD, 

terminates the repetitive inspections required 

by paragraph (g) of this AD for the modified 

area only. 

(k) Post-Repair/Post-Modification 

Inspections 

Tables 4 and 6 of paragraph 1.E., 

‘‘Compliance,’’ of Boeing Alert Service 

Bulletin 737–53A1293, Revision 3, dated 

January 23, 2015, specify post-repair/postmodification airworthiness limitation 

inspections in compliance with 14 CFR 

25.571(a)(3) at the modified locations, which 

support compliance with 14 CFR 

121.1109(c)(2) or 129.109(b)(2). As 

airworthiness limitations, these inspections 

are required by maintenance and operational 

rules. It is therefore unnecessary to mandate 

them in this AD. Deviations from these 

inspections require FAA approval, but do not 

require an alternative method of compliance. 

(l) Exceptions to Service Bulletin 

Specifications 

(1) Where Boeing Alert Service Bulletin 

737–53A1293, Revision 3, dated January 23, 

2015, specifies a compliance time ‘‘after the 

Revision 3 date of this service bulletin,’’ this 

AD requires compliance within the specified 

compliance time after the effective date of 

this AD. 

(2) Where the Condition column of 

paragraph 1.E., ‘‘Compliance,’’ of Boeing 

Alert Service Bulletin 737–53A1293, 

Revision 3, dated January 23, 2015, specifies 

a condition based on when an airplane has 

or has not been inspected, this AD bases the 

condition on whether an airplane has or has 

not been inspected on the effective date of 

this AD. 

(3) Where Boeing Alert Service Bulletin 

737–53A1293, Revision 3, dated January 23, 

2015, specifies to contact Boeing for repair or 

preventive modification instructions: Before 

further flight, do the repair or preventive 

modification, as applicable, using a method 

approved in accordance with the procedures 

specified in paragraph (n)(1) of this AD. 

(m) Credit for Previous Actions 

(1) This paragraph provides credit for 

actions required by paragraphs (g) and (h) of 

this AD, if those actions were performed 

before July 23, 2012 (the effective date of AD 

2012–12–04), using Boeing Alert Service 

Bulletin 737–53A1293, Revision 1, dated July 

7, 2010, which is not incorporated by 

reference in this AD. 

(2) This paragraph provides credit for 

actions required by paragraphs (g) and (h) of 

this AD, if those actions were performed 

before the effective date of this AD using 

Boeing Alert Service Bulletin 737–53A1293, 

Revision 2, dated August 10, 2011, which 

was incorporated by reference in AD 2012– 

12–04. 

(n) 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 (o)(1) of this AD. Information may 

be emailed to: 9-ANM-LAACO-AMOCRequests@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, 

modification, or alteration 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. To be 

approved, the repair method, modification 

deviation, or alteration deviation method 

must meet the certification basis of the 

airplane, and the approval must specifically 

refer to this AD. 

(4) AMOCs approved for AD 2012–12–04 

are approved as AMOCs for the 

corresponding provisions of this AD. 

(o) Related Information 

(1) For more information about this AD, 

contact Jennifer Tsakoumakis, Aerospace 

Engineer, Airframe Branch, ANM–120L, 

FAA, Los Angeles ACO, 3960 Paramount 

Boulevard, Lakewood, CA 90712–4137; 

phone: 562–627–5264; fax: 562–627–5210; 

email: jennifer.tsakoumakis@faa.gov. 

(2) Service information identified in this 

AD that is not incorporated by reference is 

available at the addresses specified in 

paragraphs (p)(5) and (p)(6) of this AD. 

(p) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(3) The following service information was 

approved for IBR on August 9, 2016. 

(i) Boeing Alert Service Bulletin 737– 

53A1293, Revision 3, dated January 23, 2015. 

(ii) Reserved. 

(4) The following service information was 

approved for IBR on July 23, 2012 (77 FR 

36134, June 18, 2012). 

(i) Boeing Service Bulletin 737–53A1293, 

Revision 2, dated August 10, 2011. 

(ii) Reserved. 

(5) 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. 


sradovich on DSK3GDR082PROD with RULES
43488 Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Rules and Regulations 

(6) You may view this 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. 

(7) You may view this 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/cfr/ibrlocations.html. 

Issued in Renton, Washington, on June 21, 

2016. 

Dorr Anderson, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2016–15291 Filed 7–1–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 301 

[TD 9766] 

RIN 1545–BM87 

Self-Employment Tax Treatment of 

Partners in a Partnership That Owns a 

Disregarded Entity; Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Final and temporary 

regulations; correcting amendment. 

SUMMARY: This document contains a 

correction to final and temporary 

regulations (TD 9766) that were 

published in the Federal Register on 

May 4, 2016 (81 FR 26693). The final 

and temporary regulations clarify the 

employment tax treatment of partners in 

a partnership that owns a disregarded 

entity. 

DATES: This correction is effective on 

July 5, 2016 and applicable on May 4, 

2016. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Holubeck at (202) 317–4774 

(not a toll free number). 

SUPPLEMENTARY INFORMATION: 

Background 

The final and temporary regulations 

(TD 9766) that are the subject of this 

correction are under section 7701 of the 

Internal Revenue Code. 

Need for Correction 

As published, the final and temporary 

regulations (TD 9766) contains an error 

that may prove to be misleading and is 

in need of clarification. 

List of Subjects in 26 CFR Part 301 

Employment taxes, Estate taxes, 

Excise taxes, Gift taxes, Income taxes, 

Penalties, Reporting and recordkeeping 

requirements. 

Correction of Publication 

Accordingly, 26 CFR part 301 is 

corrected by making the following 

correcting amendment: 

PART 301—PROCEDURE AND 

ADMINISTRATION 

■ Paragraph 1. The authority citation 

for part 301 continues to read in part as 

follows: 

Authority: 26 U.S.C. 7805 * * * 

■ Par. 2. Section 301.7701–2T is 

amended by revising paragraph (e)(8)(ii) 

to read as follows: 

§ 301.7701–2T Business entities; 

definitions (temporary). 

* * * * * 

(e) * * * 

(8) * * * 

(ii) Expiration date. The applicability 

of paragraph (c)(2)(iv)(C)(2) of this 

section expires on or before May 3, 

2019, or such earlier date as may be 

determined under amendments to the 

regulations issued after May 3, 2016. 

Martin V. Franks, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel (Procedure and Administration). 

[FR Doc. 2016–15739 Filed 7–1–16; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2016–0169] 

RIN 1625–AA08 

Special Local Regulation; Cumberland 

River, Mile 190.0 to 191.5; Nashville, TN 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a special local regulation 

for all waters of the Cumberland River 

beginning at mile marker 190.0 and 

ending at mile marker 191.5 from 9 a.m. 

until noon on July 30, 2016. This special 

regulation is necessary to provide safety 

for the participants in the ‘‘Music City 

SUP Race’’ marine event. This 

rulemaking prohibits persons and 

vessels from being in the special local 

regulated area unless authorized by the 

Captain of the Port Ohio Valley or a 

designated representative. 

DATES: This rule is effective from 9 a.m. 

until noon on July 30, 2016. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2016– 

0169 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Petty Officer Ashley Schad, MSD 

Nashville, Nashville, TN, at 615–736– 

5421 or at Ashley.M.Schad@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On January 28, 2016, the Nashville 

Paddle Company notified the Coast 

Guard that it will be conducting a 

rowing race from 9 a.m. to noon on July 

30, 2016. The event will consist of at 

least 75 participants on various sized 

stand up paddle boards and kayaks on 

the Cumberland River. The Captain of 

the Port Ohio Valley (COTP) determined 

that additional safety measures are 

necessary to protect participants, 

spectators, and waterway users during 

this event. In response, on June 10, 

2016, the Coast Guard published a 

notice of proposed rulemaking (NPRM) 

Special Local Regulation; Cumberland 

River, Mile 190.0 to 191.5; Nashville, 

TN (81 FR 37562). 

There we stated why we issued the 

NPRM, and invited comments on our 

proposed regulatory action related to 

this marine event. During the comment 

period that ended June 27, 2016 we 

received no comments. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1233. The 

Captain of the Port Ohio Valley (COTP) 

has determined that potential hazards 

associated with the marine event in this 

July 30, 2016, event will be a safety 

concern for the participants of the event. 

The purpose of this rule is to ensure 

safety of vessels and participants and 

the navigable waters in the special local 

regulation area before, during, and after 

the scheduled event. 


sradovich on DSK3GDR082PROD with RULES