AD 2008-11-04

[Federal Register Volume 73, Number 99 (Wednesday, May 21, 2008)]
[Rules and Regulations]
[Pages 29421-29423]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E8-11118]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0024; Directorate Identifier 2007-NM-086-AD; 
Amendment 39-15526; AD 2008-11-04]
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.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Boeing Model 737-100, -200, -200C, -300, -400, and -500 series 
airplanes. This AD requires repetitive inspections for cracking in and 
around the upper and lower hinge cutouts of the forward entry and 
forward galley service doorways, and corrective actions if necessary. 
This AD results from multiple reports of cracks found in the skin, 
bearstrap, and/or frame outer chord in the hinge cutout areas of the 
forward entry and forward galley service doorways. We are issuing this 
AD to detect and correct such cracking, which could result in rapid 
decompression of the airplane.

DATES: This AD is effective June 25, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 25, 
2008.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a>; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (telephone 800-647-5527) is the Document Management 
Facility, U.S. Department of Transportation, Docket Operations, M-30, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Howard Hall, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton,

[[Page 29422]]

Washington 98057-3356; telephone (425) 917-6430; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an airworthiness directive (AD) that would apply to 
all Boeing Model 737-100, -200, -200C, -300, -400, and -500 series 
airplanes. That NPRM was published in the Federal Register on October 
11, 2007 (72 FR 57890). That NPRM proposed to require repetitive 
inspections for cracking in and around the upper and lower hinge 
cutouts of the forward entry and forward galley service doorways, and 
corrective actions if necessary.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Request To Add Optional Terminating Action for Certain Inspection Areas

    The Air Transport Association (ATA), on behalf of its member United 
Airlines, concurs with the contents of the NPRM. United adds that 
Boeing Alert Service Bulletin 737-53A1200, dated April 13, 2006 (cited 
in the NPRM as the appropriate source of service information), does not 
require inspecting the hinge cutouts for cracks in the skin or 
bearstrap if an FAA-approved Boeing repair is installed. United 
requests that we revise the NPRM to include similar language.
    We partially agree. We agree that the inspections specified in 
paragraph (f) of this AD may be terminated at areas repaired in 
accordance with Boeing 737-100/-200 SRM 53-30-3, Figures 20, 21, 31, or 
32; or Boeing 737-300/-400/-500 SRM 53-10-01, Repair 5, 6, or 8; as 
applicable. Boeing concurs with this provision. We have added the 
provision in new paragraph (i) of this AD, and re-identified subsequent 
paragraphs. But we do not agree that a nonspecified previously 
installed repair--even one issued by Boeing and approved by the FAA--is 
acceptable as a terminating action, unless the repair is properly 
evaluated as it relates to this AD. If a repair (or other modification 
or alteration) prevents an operator from accomplishing any action of 
this AD, then that operator must request FAA approval of an alternative 
method of compliance (AMOC) (14 CFR section 39.17). Paragraph (j) of 
the final rule provides operators the opportunity to request approval 
of specific repair configurations as terminating action.

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 about 2,437 airplanes of the affected design in the 
worldwide fleet. The following table provides the estimated costs, per 
inspection cycle, for U.S. operators to comply with this AD.

                                                                     Estimated Costs
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                                     Average                                                  Number of U.S.-
           Work hours             hourly labor                Cost per airplane                 registered                    Fleet cost
                                      rate                                                       airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
13 to 14.......................             $80  $1,040 to $1,120...........................           1,055  $1,097,200 to $1,181,600.
--------------------------------------------------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation Programs'' 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979), and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    You can find our regulatory evaluation and the estimated costs of 
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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 AD:

2008-11-04 Boeing: Amendment 39-15526. Docket No. FAA-2007-0024; 
Directorate Identifier 2007-NM-086-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective June 25, 
2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Boeing Model 737-100, -200, -200C, -
300, -400, and -500 series airplanes, certificated in any category.

Unsafe Condition

    (d) This AD results from multiple reports of cracks found in the 
skin, bearstrap, and/or frame outer chord in the hinge cutout areas 
of the forward entry and forward galley service doorways. We are 
issuing this AD to detect and correct such cracking, which

[[Page 29423]]

could result in rapid decompression of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Repetitive Inspections

    (f) Except as provided by paragraph (g) of this AD, at the 
applicable times specified in paragraph 1.E. of Boeing Alert Service 
Bulletin 737-53A1200, dated April 13, 2006, do external detailed, 
low frequency eddy current, high frequency eddy current, and high 
frequency eddy current rotary probe inspections, as applicable, for 
cracks in and around the upper and lower hinge cutouts of the 
forward entry and forward galley service doorways, in accordance 
with the Accomplishment Instructions of the service bulletin, except 
as provided by paragraphs (h) and (i) of this AD. Do not exceed the 
applicable repetitive interval for the previous inspection, as 
specified in the service bulletin as Option A or Option B. Repair 
any crack before further flight using a method approved in 
accordance with the procedures specified in paragraph (i) of this 
AD.

Exceptions to Service Bulletin Specifications

    (g) Where Boeing Alert Service Bulletin 737-53A1200, dated April 
13, 2006, specifies a compliance time after the release date of the 
service bulletin, this AD requires compliance within the specified 
compliance time after the effective date of this AD.
    (h) Although Boeing Alert Service Bulletin 737-53A1200, dated 
April 13, 2006, specifies contacting Boeing for information about 
installing an optional preventive modification that would terminate 
the repetitive inspections specified in this AD, this AD requires 
that any terminating action be done by using a method approved in 
accordance with the procedures specified in paragraph (j) of this 
AD.
    (i) The inspections specified in paragraph (f) of this AD may be 
terminated at areas repaired in accordance with Boeing 737-100/-200 
SRM 53-30-1, Figures 20, 21, 31, or 32; or Boeing 737-300/-400/-500 
SRM 53-10-01, Repair 5, 6, or 8; as applicable.

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD, if it is approved by an 
Authorized Representative for the Boeing Commercial Airplanes 
Delegation Option Authorization Organization who has been authorized 
by the Manager, Seattle ACO, to make those findings. For a repair 
method to be approved, the repair must meet the certification basis 
of the airplane, and the approval must specifically refer to this 
AD.

Material Incorporated by Reference

    (k) You must use Boeing Alert Service Bulletin 737-53A1200, 
dated April 13, 2006, to do the actions required by this AD, unless 
the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 
98124-2207.
    (3) You may review copies of the service information 
incorporated by reference at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call 202-741-6030, or 
go to <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    Issued in Renton, Washington, on May 9, 2008.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-11118 Filed 5-20-08; 8:45 am]
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