AD 2009-21-01

Recurring final rule

Airworthiness Directives; Boeing Model 737-300 and 737-400 Series Airplanes

AD Number: 2009-21-01
Status: final_rule
Effective Date: November 17, 2009
Product Category: aircraft
Docket: Docket No. FAA-2009-0429
FR Citation: 74 FR 52395

Technical illustration of a riveted aircraft structural panel and frame — Problem area **Airframe structure**

Applicability

Type	Manufacturer	Model	Details
aircraft	Boeing	737-300 737-400	Airworthiness Directives; Boeing Model 737-300 and 737-400 Series Airplanes

Unsafe Condition

Cracking of the aft fuselage skin along the longitudinal edges of the bonded skin doubler, which could result in reduced structural integrity of the airplane.

AI-generated summary from the source AD text. Verify against the official source before acting.

Required Actions

Conduct repetitive inspections to detect cracking of the aft fuselage skin. Perform investigative/corrective actions if necessary. Replace skin panels as specified in the referenced service bulletins if cracking is detected.

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Compliance Time

Before further flight

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Affected Aircraft

Boeing Model 737-300 and 737-400 series airplanes.

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Federal Register Abstract

We are adopting a new airworthiness directive (AD) for certain Boeing Model 737-300 and 737-400 series airplanes. This AD requires repetitive inspections to detect cracking of the aft fuselage skin, and related investigative/corrective actions if necessary. This AD results from reports of cracks in the aft fuselage skin on both sides of the airplane. We are issuing this AD to detect and correct cracking in the aft fuselage skin along the longitudinal edges of the bonded skin doubler, which could result in reduced structural integrity of the airplane.

Document Text

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[Federal Register Volume 74, Number 196 (Tuesday, October 13, 2009)]
[Rules and Regulations]
[Pages 52395-52398]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E9-23877]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0429; Directorate Identifier 2007-NM-059-AD;
Amendment 39-16038; AD 2009-21-01]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 737-300 and 737-400 Series
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Boeing Model 737-300 and 737-400 series airplanes. This AD requires
repetitive inspections to detect cracking of the aft fuselage skin, and
related investigative/corrective actions if necessary. This AD results
from reports of cracks in the aft fuselage skin on both sides of the
airplane. We are issuing this AD to detect and correct cracking in the
aft fuselage skin along the longitudinal edges of the bonded skin
doubler, which could result in reduced structural integrity of the
airplane.

DATES: This AD is effective November 17, 2009.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of November 17,
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 <a href="/cdn-cgi/l/email-protection#c6aba3e8a4a9a3a5a9ab86a4a9a3afa8a1e8a5a9ab">[email&#160;protected]</a>;
Internet https:[sol][sol]www.myboeingfleet.com.

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: Wayne Lockett, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
917-6447; 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 737-300 and 737-400 series airplanes. That NPRM
was published in the Federal Register on May 7, 2009 (74 FR 21278).
That NPRM proposed to require repetitive inspections to detect cracking
of the aft fuselage skin, and related investigative/corrective actions
if necessary.

Comments

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

Support for the AD

Boeing concurs with the content of the NPRM.

Request To Allow Use of Previous Service Information

Southwest Airlines requests that skin panel replacements
accomplished in accordance with Part 3 of Boeing Service Bulletin 737-
53-1168, Revision 1, dated August 17, 1995; and Revision 2, dated
November 27, 1996; also be considered as terminating action for the
inspections specified in paragraph (g) of the NPRM. (We referred to
Boeing Service Bulletin 737-53-1168, Revision 3, dated November 28,
2006, as the appropriate source of service information for
accomplishing the actions specified in paragraph (g) of the NPRM for
Model 737-300 series airplanes.)
We agree. We have reviewed the following service bulletins and have
determined that these documents are also acceptable for terminating the
inspections specified in paragraph (g) of this AD. Therefore, we have
revised paragraph (j) of this AD to include these additional documents.
Also, for easier

[[Page 52396]]

readability, we have added a table in paragraph (j) of this AD to
specify the acceptable service documents.

Table--Acceptable Service Information for Optional Terminating Action
------------------------------------------------------------------------
Model Document
------------------------------------------------------------------------
Model 737-300 series Part 3 of the Accomplishment Instructions
airplanes. of Boeing Service Bulletin 737-53-1168,
dated March 16, 1995.
Part 3 of the Accomplishment Instructions
of Boeing Service Bulletin 737-53-1168,
Revision 1, dated August 17, 1995.
Part 3 of the Accomplishment Instructions
of Boeing Service Bulletin 737-53-1168,
Revision 2, dated November 27, 1996.
Model 737-400 series Part III of the Accomplishment
airplanes. Instructions of Boeing Service Bulletin
737-53-1187, dated November 2, 1995.
Part III of the Accomplishment
Instructions of Boeing Service Bulletin
737-53-1187, Revision 1, dated January
16, 1997.
------------------------------------------------------------------------

Request To Publish Effectivity and Compliance Information

The Aviation Group requests that paragraphs 1.E., ``Compliance,''
and 1.A., ``Effectivity,'' of Boeing Service Bulletin 737-53-1168,
Revision 3, dated November 28, 2006; and Boeing Service Bulletin 737-
53-1187, Revision 2, dated May 9, 2007; be added to the NPRM, either
within the body of the AD or as an incorporated attachment. The
commenter asserts that many owners, lessors, or their respective
representatives, are routinely denied access to the manufacturer's Web
site where the referenced service information is archived, making it
very difficult or impossible to evaluate and schedule compliance with
this AD.
We do not agree to add the compliance and effectivity sections of
Boeing Service Bulletin 737-53-1168, Revision 3, dated November 28,
2006; and Boeing Service Bulletin 737-53-1187, Revision 2, dated May 9,
2007; to this AD. Due to the length and complexity of the applicability
and compliance times required in this AD, we referred directly to the
service information to ensure the accuracy of those sections in this
AD. We also gave notice for the compliance times in the ``Relevant
Service Information'' section of the NPRM. Operators should note that
type certificate holders are required under the Federal Aviation
Regulations to make available the service information necessary for
accomplishing AD requirements to affected operators. All service
information that we incorporate by reference in our AD is available to
those who operate the product that is the subject of the AD. The
necessary service information has also been incorporated by reference
in this AD; therefore, this information is also available for review at
the FAA or the Office of the Federal Register, as specified in the
Addresses section and paragraph (n) of this AD. We have made no change
to this AD in this regard.

Conclusion

We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We also determined that
these changes will not increase the economic burden on any operator or
increase the scope of the AD.

Costs of Compliance

We estimate that this AD affects about 516 airplanes of U.S.
registry. The following table provides the estimated costs for U.S.
operators to comply with this AD. The average labor rate is $80 per
work hour.

Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of U.S.-
Action Work hours Parts Cost per product registered Fleet cost
airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection to determine inspection 1........................ $0 $80..................... 516 $41,280.
zones.
Repetitive inspections--Option 1...... 64....................... 0 $5,120, per inspection 516 Up to $2,641,920.
cycle.
Repetitive inspections--Option 2...... 62....................... 0 $4,960, per inspection 516 Up to $2,559,360.
cycle.
Internal inspection................... 5, per inspection zone (3 0 $1,200.................. 516 $619,200.
zones).
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

[[Page 52397]]

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:

2009-21-01 Boeing: Amendment 39-16038. Docket No. FAA-2009-0429;
Directorate Identifier 2007-NM-059-AD.

Effective Date

(a) This airworthiness directive (AD) is effective November 17,
2009.

Affected ADs

(b) None.

Applicability

(c) This AD applies to the airplanes identified in paragraphs
(c)(1) and (c)(2) of this AD, certificated in any category.
(1) Boeing Model 737-300 series airplanes as identified in
Boeing Service Bulletin 737-53-1168, Revision 3, dated November 28,
2006.
(2) Boeing Model 737-400 series airplanes as identified in
Boeing Service Bulletin 737-53-1187, Revision 2, dated May 9, 2007.

Subject

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

Unsafe Condition

(e) This AD results from reports of cracks in the aft fuselage
skin on both sides of the airplane. We are issuing this AD to detect
and correct cracking in the aft fuselage skin along the longitudinal
edges of the bonded skin doubler, which could result in reduced
structural integrity of the airplane.

Compliance

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

Inspections, Related Investigative and Corrective Actions

(g) At the applicable times specified in Tables 1 and 2 of
paragraph 1.E., ``Compliance,'' of Boeing Service Bulletin 737-53-
1168, Revision 3, dated November 28, 2006 (for Model 737-300 series
airplanes); or Table 1 of paragraph 1.E., of Boeing Service Bulletin
737-53-1187, Revision 2, dated May 9, 2007 (for Model 737-400 series
airplanes); except as provided by paragraph (k) of this AD: Do the
applicable inspections and related investigative actions to detect
cracks in the aft fuselage skin panels, by accomplishing all of the
applicable actions specified in the Accomplishment Instructions of
Boeing Service Bulletin 737-53-1168, Revision 3, dated November 28,
2006; or Boeing Service Bulletin 737-53-1187, Revision 2, dated May
9, 2007; as applicable; including Note (f) of Table 1 of paragraph
1.E. And, do the applicable corrective actions specified in the
Accomplishment Instructions of Boeing Service Bulletin 737-53-1168,
Revision 3, dated November 28, 2006; or Boeing Service Bulletin 737-
53-1187, Revision 2, dated May 9, 2007; as applicable; except as
provided by paragraphs (h), (i), and (l) of this AD. Repeat the
applicable inspections and related investigative actions thereafter
at the applicable intervals specified in Tables 1 and 2 of paragraph
1.E. of Boeing Service Bulletin 737-53-1168, Revision 3, dated
November 28, 2006; or Table 1 of paragraph 1.E. of Boeing Service
Bulletin 737-53-1187, Revision 2, dated May 9, 2007; as applicable.
(h) If any crack is found during any inspection or corrective
action required by this AD, before further flight, repair in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 737-53-1168, Revision 3, dated November 28, 2006 (for Model
737-300 series airplanes); or Boeing Service Bulletin 737-53-1187,
Revision 2, dated May 9, 2007 (for Model 737-400 series airplanes);
except, where Boeing Service Bulletin 737-53-1168, Revision 3, dated
November 28, 2006; or Boeing Service Bulletin 737-53-1187, Revision
2, dated May 9, 2007; as applicable; specifies to contact Boeing,
before further flight, repair according to a method approved in
accordance with the procedures specified in paragraph (m) of this
AD.
(i) If any cracking of a repaired area is found during any
inspection required by this AD, and Boeing Service Bulletin 737-53-
1168, Revision 3, dated November 28, 2006 (for Model 737-300 series
airplanes); or Boeing Service Bulletin 737-53-1187, Revision 2,
dated May 9, 2007 (for Model 737-400 series airplanes); specifies
contacting Boeing for appropriate action: Before further flight,
repair the cracking using a method approved in accordance with the
procedures specified in paragraph (m) of this AD.

Optional Terminating Action

(j) Doing the skin panel replacement before the effective date
of this AD, in accordance with the service information specified in
Table 1 of this AD, as applicable, terminates the inspection
requirements of paragraph (g) of this AD for that skin panel only.
As of the effective date of this AD, doing the skin panel
replacement, in accordance with Boeing Service Bulletin 737-53-1168,
Revision 3, dated November 28, 2006; or Boeing Service Bulletin 737-
53-1187, Revision 2, dated May 9, 2007; as applicable; terminates
the inspection requirements of paragraph (g) of this AD for that
skin panel only.

Table 1--Acceptable Service Information for Optional Terminating Action
------------------------------------------------------------------------
Model Document
------------------------------------------------------------------------
Model 737-300 series Part 3 of the Accomplishment Instructions
airplanes. of Boeing Service Bulletin 737-53-1168,
dated March 16, 1995.
Part 3 of the Accomplishment Instructions
of Boeing Service Bulletin 737-53-1168,
Revision 1, dated August 17, 1995.
Part 3 of the Accomplishment Instructions
of Boeing Service Bulletin 737-53-1168,
Revision 2, dated November 27, 1996.
Part 3 of the Accomplishment Instructions
of Boeing Service Bulletin 737-53-1168,
Revision 3, dated November 28, 2006.
Model 737-400 series Part III of the Accomplishment
airplanes. Instructions of Boeing Service Bulletin
737-53-1187, dated November 2, 1995.
Part III of the Accomplishment
Instructions of Boeing Service Bulletin
737-53-1187, Revision 1, dated January
16, 1997.

[[Page 52398]]

Part III of the Accomplishment
Instructions of Boeing Service Bulletin
737-53-1187, Revision 2, dated May 9,
2007.
------------------------------------------------------------------------

Exception to Service Bulletins

(k) Where Boeing Service Bulletin 737-53-1168, Revision 3, dated
November 28, 2006 (for Model 737-300 series airplanes); or Boeing
Service Bulletin 737-53-1187, Revision 2, dated May 9, 2007 (for
Model 737-400 series airplanes); specifies compliance times after
the release date of those service bulletins, this AD requires that
the specified actions be done within the specified compliance times
after the effective date of this AD.

No Reporting Required

(l) Although Boeing Service Bulletin 737-53-1168, Revision 3,
dated November 28, 2006 (for Model 737-300 series airplanes); and
Boeing Service Bulletin 737-53-1187, Revision 2, dated May 9, 2007
(for Model 737-400 series airplanes); specify to submit information
to the manufacturer, this AD does not include such a requirement.

Alternative Methods of Compliance (AMOCs)

(m)(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: Wayne Lockett, Aerospace Engineer, Airframe Branch, ANM-120S,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6447; fax (425) 917-6590. Or, e-mail information to <a href="/cdn-cgi/l/email-protection#536a7e121d1e7e00363227273f367e12101c7e121e1c107e0136222636202720133532327d343c25">[email&#160;protected]</a>.
(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, 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

(n) You must use Boeing Service Bulletin 737-53-1168, Revision
3, dated November 28, 2006; or Boeing Service Bulletin 737-53-1187,
Revision 2, dated May 9, 2007; as applicable; to do the actions
required by this AD, unless the AD specifies otherwise. If you do
the optional terminating action specified in this AD, you must use
the service information specified in Table 2 of this AD, as
applicable, to do the optional terminating action, unless the AD
specifies otherwise.

Table 2--Service Information for Optional Terminating Action
----------------------------------------------------------------------------------------------------------------
Boeing Service Bulletin-- Revision-- Dated--
----------------------------------------------------------------------------------------------------------------
737-53-1168.............................. Original.................... March 16, 1995.
737-53-1168.............................. 1........................... August 17, 1995.
737-53-1168.............................. 2........................... November 27, 1996.
737-53-1168.............................. 3........................... November 28, 2006.
737-53-1187.............................. Original.................... November 2, 1995.
737-53-1187.............................. 1........................... January 16, 1997.
737-53-1187.............................. 2........................... May 9, 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
<a href="/cdn-cgi/l/email-protection#117c743f737e74727e7c51737e74787f763f727e7c">[email&#160;protected]</a>; Internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.
(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: <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 September 25, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-23877 Filed 10-9-09; 8:45 am]
BILLING CODE 4910-13-P

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