21254 Federal Register / Vol. 74, No. 87 / Thursday, May 7, 2009 / Rules and Regulations 

Issued in Renton, Washington, on April 22, 

2009. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–9926 Filed 5–6–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–1275; Directorate 

Identifier 2007–NM–167–AD; Amendment 

39–15892; AD 2009–09–06] 

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 detailed and 

high frequency eddy current inspections 

to detect cracks of the backup 

intercostals and the upper sill of the 

forward airstair doorway, and 

applicable corrective actions. This AD 

also provides for an optional 

terminating action, which would 

eliminate the need for repetitive 

inspections. This AD results from a 

report indicating that cracks were found 

in the backup intercostals and upper sill 

web of the forward airstair doorway. We 

are issuing this AD to detect and correct 

fatigue cracking of the backup 

intercostals and upper sill web of the 

forward airstair doorway, which could 

result in a rapid loss of cabin pressure. 

DATES: This AD is effective June 11, 

2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of June 11, 2009. 

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&fnl; 

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: 

Alan Pohl, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 917–6450; 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 December 5, 

2008 (73 FR 74080). That NPRM 

proposed to require repetitive detailed 

and high frequency eddy current 

inspections to detect cracks of the 

backup intercostals and the upper sill of 

the forward airstair doorway, and 

applicable corrective actions. That 

NPRM also provided an optional 

terminating action, which would 

eliminate the need for repetitive 

inspections. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comments received from 

the two commenters. 

Support for the NPRM 

Boeing concurs with the contents of 

the NPRM. 

Request for Clarification 

Southwest Airlines requests more 

information regarding alternative 

procedures for airplanes that have had 

the airstair door deactivated per Boeing 

Service Bulletin 737–52–1092. 

Southwest Airlines asks whether 

instructions developed by operators, for 

open and close of an airstair door after 

deactivation per Boeing Service Bulletin 

737–52–1092, will be considered 

approved equivalent procedures. 

No alternative procedures have been 

established that have general FAA 

approval; however, according to the 

provisions of paragraph (h) of the final 

rule we may approve requests for 

different compliance methods if the 

requests include data that prove that the 

new methods would provide an 

acceptable level of safety. 

Conclusion 

We reviewed the relevant data, 

considered the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Costs of Compliance 

There are 1,712 airplanes of the 

affected design in the worldwide fleet. 

This AD affects 509 airplanes of U.S. 

registry. The inspections take 2 work 

hours per airplane, at an average labor 

rate of $80 per work hour. Based on 

these figures, the estimated cost of the 

AD for U.S. operators is $81,440, or 

$160 per airplane, per inspection cycle. 

The optional terminating action, if 

done, would take 9 work hours, at an 

average labor rate of $80 per work hour. 

Required parts cost between $533 and 

$566 per airplane, depending on the 

airplane configuration. Based on these 

figures, the estimated cost of the 

optional terminating action would range 

between $1,253 and $1,286 per airplane, 

depending on the airplane 

configuration. 

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 

Federal Register / Vol. 74, No. 87 / Thursday, May 7, 2009 / Rules and Regulations 21255 

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: 

2009–09–06 Boeing: Amendment 39–15892. 

Docket No. FAA–2008–1275; Directorate 

Identifier 2007–NM–167–AD. 

Effective Date 

(a) This airworthiness directive (AD) is 

effective June 11, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Boeing Model 737– 

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

series airplanes, certificated in any category; 

as identified in Boeing Alert Service Bulletin 

737–53A1269, dated May 17, 2007. 

Unsafe Condition 

(d) This AD results from a report indicating 

that cracks were found in the backup 

intercostals and upper sill web of the forward 

airstair doorway. We are issuing this AD to 

detect and correct fatigue cracking of the 

backup intercostals and upper sill web of the 

forward airstair doorway, which could result 

in a rapid loss of cabin pressure. 

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. 

Inspections 

(f) At the applicable compliance times and 

repeat intervals listed in the tables of 

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

Alert Service Bulletin 737–53A1269, dated 

May 17, 2007 (hereafter ‘‘the service 

bulletin’’), except as provided by paragraphs 

(f)(1), (f)(2), and (f)(3) of this AD: Do 

repetitive detailed and high frequency eddy 

current inspections to detect cracks of the 

backup intercostals and the upper sill of the 

forward airstair doorway, and applicable 

corrective actions by accomplishing all the 

applicable actions specified in the 

Accomplishment Instructions of the service 

bulletin. Do the applicable corrective actions 

before further flight. 

(1) Where the service bulletin specifies a 

compliance time from the release date of the 

service bulletin, this AD requires compliance 

within the specified compliance time after 

the effective date of this AD. 

(2) Where the columns identified as 

‘‘Airplane Flight Cycles’’ in the tables of the 

service bulletin specify less than 45,000 total 

flight cycles for certain actions, this AD 

affects airplanes having less than or equal to 

45,000 total flight cycles. 

(3) Where the columns identified as 

‘‘Repeat Interval’’ in the tables of the service 

bulletin specify an interval of 4,500 flight 

cycles for all conditions, this AD requires 

repetitive inspections only if no crack is 

found during any inspection required by 

paragraph (f) of this AD. 

Optional Terminating Action 

(g) Accomplishing the backup intercostal 

repair/preventative modification and/or the 

upper door sill web repair, in accordance 

with the Accomplishment Instructions of 

Boeing Alert Service Bulletin 737–53A1269, 

dated May 17, 2007, terminates all the 

corresponding repetitive inspection 

requirements of paragraph (f) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(h)(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: Alan 

Pohl, Aerospace Engineer, Airframe Branch, 

ANM–120S, FAA, Seattle ACO, 1601 Lind 

Avenue, SW., Renton, Washington 98057– 

3356; telephone (917) 917–6450; fax (425) 

917–6590. 

(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, 

FAA, 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 

(i) You must use Boeing Alert Service 

Bulletin 737–53A1269, dated May 17, 2007, 

to do the actions required by this AD, unless 

the AD specifies otherwise. The optional 

actions specified by this AD, if 

accomplished, must also be done in 

accordance with Boeing Alert Service 

Bulletin 737–53A1269, dated May 17, 2007. 

(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 April 22, 

2009. 

Stephen P. Boyd, 

Assistant Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–9947 Filed 5–6–09; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 232 

[Release Nos. 33–9006A; 34–59391A; 39– 

2462A; IC–28617A; File No. S7–12–08] 

RIN 3235–AK13 

Interactive Data for Mutual Fund Risk/ 

Return Summary; Correction 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule; correction. 

SUMMARY: The Securities and Exchange 

Commission is making technical 

corrections to rule amendments adopted 

in Release No. 33–9006 (February 11, 

2009), which appeared in the Federal 

Register on February 19, 2009 (74 FR 

7748). Specifically, the Commission is