
[Federal Register Volume 81, Number 92 (Thursday, May 12, 2016)]
[Proposed Rules]
[Pages 29505-29508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11167]


 ========================================================================
 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. 81, No. 92 / Thursday, May 12, 2016 / 
Proposed Rules  

[[Page 29505]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6670; Directorate Identifier 2016-NM-006-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 supersede Airworthiness Directive (AD) 2013-19-
04, which applies to certain The Boeing Company Model 737-600, -700, -
700C, -800, and -900 series airplanes. AD 2013-19-04 currently requires 
repetitive detailed and high frequency eddy current (HFEC) inspections 
for cracking of the skin around the eight fasteners common to the ends 
of the station (STA) 540 bulkhead chords between stringers S-22 and S-
23, left and right sides; related investigative actions and corrective 
actions, if necessary; and provides an optional terminating 
modification. Since we issued AD 2013-19-04, we have received reports 
of additional cracks that are larger and initiated sooner than 
previously predicted. This proposed AD would reduce the inspection 
threshold and repetitive inspection intervals. We are proposing this AD 
to detect and correct fatigue cracking in the fuselage skin around the 
eight fasteners securing the STA 540 bulkhead chords. Such cracking can 
result in rapid decompression of the cabin.

DATES: We must receive comments on this proposed AD by June 27, 2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: 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 NPRM, 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 http://www.regulations.gov by 
searching for and locating Docket No. FAA-2016-6670.

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-2016-
6670; 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: Alan Pohl, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6450; fax: 
425-917-6590; email: alan.pohl@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2016-6670; 
Directorate Identifier 2016-NM-006-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

    On September 9, 2013, we issued AD 2013-19-04, Amendment 39-17586 
(78 FR 59801, September 30, 2013) (``AD 2013-19-04''), for certain The 
Boeing Company Model 737-600, -700, -700C, -800, and -900 series 
airplanes. AD 2013-19-04 requires repetitive detailed and HFEC 
inspections for cracking of the skin around the eight fasteners common 
to the ends of the STA 540 bulkhead chords between stringers S-22 and 
S-23, left and right sides; related investigative actions and 
corrective actions, if necessary; and provides an optional terminating 
modification. AD 2013-19-04 resulted from a report of cracks found in 
the skin at body STA 540 just below the left side of stringer S-22 on a 
Model 737-700 series airplane. We issued AD 2013-19-04 to detect and 
correct fatigue cracking in the fuselage skin around the eight 
fasteners securing the STA 540 bulkhead chords, which can result in 
rapid decompression of the cabin.

Actions Since AD 2013-19-04 Was Issued

    Since we issued AD 2013-19-04, we have received reports of cracks 
that initiated sooner and are larger than previously predicted.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Special Attention Service Bulletin 737-53-1294, 
Revision 2, dated December 9, 2015, which specifies procedures for 
doing inspections for cracking of the skin around the eight fasteners 
common to the ends of the STA 540 bulkhead chords between stringers S-
22 and S-23, left and right sides, repairing cracks,

[[Page 29506]]

and installing a chord splice as a preventive modification on crack-
free skin. This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

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 designs.

Proposed AD Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2013-19-04, this proposed AD would retain all of the 
requirements of AD 2013-19-04. Those requirements are referenced in the 
service information identified previously, which, in turn, is 
referenced in paragraphs (g) through (k) of this proposed AD. 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.'' 
For information on the procedures and compliance times, see this 
service information at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2016-6670.
    The phrase ``related investigative actions'' is used in this 
proposed AD. Related investigative actions are follow-on actions that 
(1) are related to the primary action, and (2) further investigate the 
nature of any condition found. Related investigative actions in an AD 
could include, for example, inspections.
    The phrase ``corrective actions'' is used in this proposed AD. 
Corrective actions correct or address any condition found. Corrective 
actions in an AD could include, for example, repairs.

Differences Between This Proposed AD and the Service Information

    Boeing Special Attention Service Bulletin 737-53-1294, Revision 2, 
dated December 9, 2015, specifies to contact the manufacturer for 
instructions on how to repair certain conditions, but this proposed AD 
would require accomplishment of repair methods, modification 
deviations, and alteration deviations in one of the following ways:
     In accordance with a method that we approve; or
     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 903 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
----------------------------------------------------------------------------------------------------------------
Inspection (left and right side   12 work-hours x $85              $0   $1,020 per           $921,060 per
 skins).                           per hour = $1,020                     inspection cycle.    inspection cycle.
                                   per inspection
                                   cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary repairs and 
inspections 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 repairs:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
              Action                      Labor cost               Parts cost               Cost per product
----------------------------------------------------------------------------------------------------------------
Preventive modification (each       7 work-hours x $85     $894......................  $1,489.
 side).                              per hour = $595.
Skin repair (each side)...........  39 work-hours x $85    Up to $5,635..............  Up to $8,950.
                                     per hour = $3,315.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this proposed 
AD may be covered under warranty, thereby reducing the cost impact on 
affected individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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 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 that the 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.

[[Page 29507]]

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 removing Airworthiness Directive (AD) 
2013-19-04, Amendment 39-17586 (78 FR 59801, September 30, 2013), and 
adding the following new AD:

The Boeing Company: Docket No. FAA-2016-6670; Directorate Identifier 
2016-NM-006-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by June 27, 
2016.

(b) Affected ADs

    This AD replaces AD 2013-19-04, Amendment 39-17586 (78 FR 59801, 
September 30, 2013) (``AD 2013-19-04'').

(c) Applicability

    This AD applies to The Boeing Company Model 737-600, -700, -
700C, -800, and -900 series airplanes; certificated in any category; 
as identified in Boeing Special Attention Service Bulletin 737-53-
1294, Revision 2, dated December 9, 2015.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report of cracks found in the skin at 
body station (STA) 540 just below the left side of stringer S-22. We 
are issuing this AD to detect and correct fatigue cracking in the 
fuselage skin around the eight fasteners securing the STA 540 
bulkhead chords, which can result in rapid decompression of the 
cabin.

(f) Compliance

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

(g) Inspection and Corrective Action

    Except as required by paragraphs (i)(1) and (i)(2) of this AD, 
at the applicable time specified in table 1 of paragraph 1.E. 
``Compliance,'' of Boeing Special Attention Service Bulletin 737-53-
1294, Revision 2, dated December 9, 2015: Do detailed and high 
frequency eddy current (HFEC) inspections for cracking of the skin 
in the area around the eight fasteners securing the STA 540 bulkhead 
chords between stringers S-22 and S-23; and do all applicable 
related investigative and corrective actions; in accordance with 
Parts 1, 2, 3, 4, and 5 of the Accomplishment Instructions of Boeing 
Special Attention Service Bulletin 737-53-1294, Revision 2, dated 
December 9, 2015, except as required by paragraphs (i)(3) and (i)(4) 
of this AD. Do all applicable related investigative and corrective 
actions before further flight. Repeat the detailed and HFEC 
inspections thereafter at the intervals specified in table 1 of 
paragraph 1.E., ``Compliance,'' of Boeing Special Attention Service 
Bulletin 737-53-1294, Revision 2, dated December 9, 2015, until the 
optional preventive modification specified in paragraph (h) of this 
AD is done.

(h) Optional Preventive Modification

    Accomplishing the preventive modification or repair, including 
an HFEC inspection for cracking of the skin and STA 540 bulkhead 
chords, and all applicable repairs, in accordance with paragraph 
3.B, Part 2 or Part 4 (left side), and Part 3 or Part 5 (right 
side), of the Accomplishment Instructions of Boeing Special 
Attention Service Bulletin 737-53-1294, Revision 2, dated December 
9, 2015, except as required by paragraph (i)(2) of this AD, 
terminates the inspection requirements of paragraph (g) of this AD 
for the side on which the modification is done.

(i) Exceptions to Service Bulletin Specifications

    (1) Where paragraph 1.E., ``Compliance,'' of Boeing Special 
Attention Service Bulletin 737-53-1294, Revision 2, dated December 
9, 2015, specifies a compliance time ``after the Revision 2 date of 
this service bulletin,'' this AD requires compliance within the 
specified compliance time after the effective date of this AD.
    (2) For airplanes on which Boeing Business Jet Lower Cabin 
Altitude Supplemental Type Certificate (STC) ST01697SE (http://
rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/
0812969a86af879b8625766400600105/$FILE/ST01697SE.pdf) (6,500 feet 
maximum cabin altitude in lieu of 8,000 feet) has been incorporated, 
the flight-cycle related compliance times for the inspection 
required by paragraph (g) of this AD are different from those 
specified in paragraph 1.E., ``Compliance,'' of Boeing Special 
Attention Service Bulletin 737-53-1294, Revision 2, dated December 
9, 2015. All initial compliance times specified in total flight 
cycles or flight cycles must be reduced to half of those specified 
in Boeing Special Attention Service Bulletin 737-53-1294, Revision 
2, dated December 9, 2015. All repetitive interval compliance times 
specified in flight cycles must be reduced to one-quarter of those 
specified in paragraph 1.E., ``Compliance,'' of Boeing Special 
Attention Service Bulletin 737-53-1294, Revision 2, dated December 
9, 2015.
    (3) If any cracking is found during any inspection required by 
this AD, and Boeing Special Attention Service Bulletin 737-53-1294, 
Revision 2, dated December 9, 2015, specifies to contact Boeing for 
appropriate action: Before further flight, repair using a method 
approved in accordance with the procedures specified in paragraph 
(l) of this AD.
    (4) The access and restoration instructions identified in the 
Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 737-53-1294, Revision 2, dated December 9, 2015, are not 
required by this AD. Operators may perform those actions in 
accordance with approved maintenance procedures.

(j) Part 26 Supplemental Inspections Not Required by This AD

    Table 2 of paragraph 1.E., ``Compliance,'' of Boeing Special 
Attention Service Bulletin 737-53-1294, Revision 2, dated December 
9, 2015, specifies post-modification 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.

(k) Credit for Previous Actions

    This paragraph provides credit for the actions required by 
paragraphs (g) and (h) of this AD, if those actions were performed 
before the effective date of this AD using Boeing Special Attention 
Service Bulletin 737-53-1294, dated March 31, 2011, which is not 
incorporated by reference in this AD; or Boeing Special Attention 
Service Bulletin 737-53-1294, Revision 1, dated June 14, 2013, which 
is incorporated by reference in AD 2013-19-04.

(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) of this AD. 
Information may be emailed to: 9-ANM-Seattle-ACO-AMOC-Requests@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, Seattle ACO, to make those findings. To be approved, the 
repair method, modification deviation, or alteration deviation must 
meet the certification basis of the airplane, and the approval must 
specifically refer to this AD.

[[Page 29508]]

    (4) AMOCs approved previously for the optional preventive 
modification installed in accordance with paragraph (h) of AD 2013-
19-04, and AMOCs approved previously for repairs for AD 2013-19-04, 
are approved as AMOCs for the corresponding provisions of this AD, 
provided that such modification or repair included installation of 
the splice plate as specified in Boeing Special Attention Service 
Bulletin 737-53-1294, except as provided by paragraph (l)(5) of this 
AD.
    (5) The time-limited repair approved as specified in FAA Letter 
120S-15-140, dated June 3, 2015, is approved as an AMOC to the 
corresponding requirements of this AD.

(m) Related Information

    (1) For more information about this AD, contact Alan Pohl, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; 
phone: 425-917-6450; fax: 425-917-6590; email: alan.pohl@faa.gov.
    (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. 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 May 5, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-11167 Filed 5-11-16; 8:45 am]
 BILLING CODE 4910-13-P


