AD 2014-23-10

[Federal Register Volume 79, Number 231 (Tuesday, December 2, 2014)]
[Rules and Regulations]
[Pages 71296-71300]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2014-27362]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0195; Directorate Identifier 2013-NM-195-AD; 
Amendment 39-18026; AD 2014-23-10]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2008-17-03 for 
certain The Boeing Company Model 737-100, -200, -200C, -300, -400, and 
-500 series airplanes. AD 2008-17-03 required repetitive inspections to 
detect fuselage frame cracking, and corrective action if necessary. AD 
2008-17-03 also provided for optional terminating action (repair/
preventive change) for the repetitive inspections. This new AD adds 
airplanes to the applicability, but does not provide terminating action 
for the newly added airplanes. This AD was prompted by reports of 
cracks found at the cutout in the web of body station

[[Page 71297]]

frame 303.9 inboard of stringer 16L, as well as a new report of 
cracking found on an airplane not identified in the applicability of AD 
2008-17-03. We are issuing this AD to detect and correct fuselage frame 
cracking, which could prevent the left forward entry door from sealing 
correctly, and could cause in-flight decompression of the airplane.

DATES: This AD is effective January 6, 2015.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 6, 
2015.
    The Director of the Federal Register approved the incorporation by 
reference of certain other publications listed in this AD as of 
September 23, 2008 (73 FR 48288, August 19, 2008).

ADDRESSES: 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 <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>. 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.

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> by searching for and locating Docket No. FAA-2014-
0195; 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: Nenita Odessa, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification 
Office (ACO), 3960 Paramount Boulevard, Lakewood, California 90712-
4137; phone: 562-627-5234; fax: 562-627-5210; email: 
<a href="/cdn-cgi/l/email-protection#0d63686364796c236269687e7e6c4d6b6c6c236a627b"><span class="__cf_email__" data-cfemail="543a313a3d20357a3b3031272735143235357a333b22">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to supersede AD 2008-17-03, Amendment 39-15641 (73 FR 48288, 
August 19, 2008). AD 2008-17-03 applied to certain The Boeing Company 
Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. The 
NPRM published in the Federal Register on April 14, 2014 (79 FR 20824). 
The NPRM was prompted by reports of cracks found at the cutout in the 
web of body station frame 303.9 inboard of stringer 16L, and the 
subsequent determination that additional airplanes are subject to the 
requirements of AD 2008-17-03. The NPRM proposed to continue to require 
repetitive inspections for fuselage frame cracking and applicable 
corrective action, add airplanes to the applicability, and to provide 
optional terminating action (repair/preventive change) for the 
repetitive inspections for the airplanes subject to AD 2008-17-03. We 
are issuing this AD to detect and correct fuselage frame cracking, 
which could prevent the left forward entry door from sealing correctly, 
and could cause in-flight 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 (79 
FR 20824, April 14, 2014) and the FAA's response to each comment.

Effect of Winglets on This AD

    Aviation Partners Boeing stated that accomplishing the supplemental 
type certificate (STC) ST01219SE (http://rgl.faa.gov/
Regulatory_and_Guidance_Library/rgstc.nsf/0/
ebd1cec7b301293e86257cb30045557a/$FILE/ST01219SE.pdf) does not affect 
the actions specified in the NPRM (79 FR 20824, April 14, 2014).
    We concur with the commenter. We have redesignated paragraphs (c), 
(c)(1), and (c)(2) of the NPRM (79 FR 20824, April 14, 2014) as 
paragraphs (c)(1), (c)(1)(i), and (c)(1)(ii) of this AD, and added new 
paragraph (c)(2) to this AD to state that installation of STC ST01219SE 
(http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/
ebd1cec7b301293e86257cb30045557a/$FILE/ST01219SE.pdf) 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.

Request To Clarify Certain Requirements

    All Nippon Airways (ANA) requested that we revise paragraph (i) of 
the proposed AD (79 FR 20824, April 14, 2014), which added new 
inspections for Group 2 airplanes in accordance with Boeing Alert 
Service Bulletin 737-53A1188, Revision 3, dated September 6, 2013. ANA 
claimed that this requirement included unnecessary procedures for 
opening and closing access from the aft side of the inspection area 
because the inspection is required from the forward side. ANA suggested 
that we include the information in Note 8 of paragraph 3.A., General 
Instructions, of Boeing Alert Service Bulletin 737-53A1188, Revision 3, 
dated September 6, 2013, to exclude the unnecessary procedures. Note 8 
states, in part, as follows:

If it is necessary to remove more parts for access, you can remove 
those parts. If you can get access without removing identified 
parts, it is not necessary to remove all of the identified parts. . 
. .

    We agree with the request. We have revised paragraph (i) in this AD 
to point to this exception in new paragraph (j)(4) in this AD. We have 
similarly changed paragraphs (g) and (h) in this AD to also specify 
this exception.

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:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (73 FR 20824, April 14, 2014) for correcting the unsafe condition; 
and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (73 FR 20824, April 14, 2014).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 148 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

[[Page 71298]]



                                        Estimated Costs: Required Actions
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                                                                                                  Cost on U.S.
             Action                     Labor cost           Parts cost     Cost per  product      operators
----------------------------------------------------------------------------------------------------------------
Inspection.....................  31 to 33 work-hours x                $0   Up to $2,805 per    Up to $415,140
                                  $85 per hour = up to                      inspection cycle.   per inspection
                                  $2,805 per inspection                                         cycle
                                  cycle.
----------------------------------------------------------------------------------------------------------------


                                     Estimated Costs: Optional Modification
----------------------------------------------------------------------------------------------------------------
               Action                         Labor cost                Parts cost           Cost per product
----------------------------------------------------------------------------------------------------------------
Repair/preventive change...........  12 to 30 work-hours x $85    $564 to $2,236........  Up to $4,786
                                      per hour = up to $2,550.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
cost estimates 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

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) 
2008-17-03, Amendment 39-15641 (73 FR 48288, August 19, 2008), and 
adding the following new AD:

2014-23-10 The Boeing Company: Amendment 39-18026; Docket No. FAA-
2014-0195; Directorate Identifier 2013-NM-195-AD.

(a) Effective Date

    This AD is effective January 6, 2015.

(b) Affected ADs

    This AD replaces AD 2008-17-03, Amendment 39-15641 (73 FR 48288, 
August 19, 2008).

(c) Applicability

    (1) This AD applies to The Boeing Company airplanes, 
certificated in any category, identified in paragraphs (c)(1)(i) and 
(c)(1)(ii) of this AD.
    (i) Model 737-100, -200, -200C, -300, -400, and -500 series 
airplanes, as identified in Boeing Alert Service Bulletin 737-
53A1197, dated August 25, 2006.
    (ii) Model 737-300, -400, and -500 series airplanes, as 
identified in Boeing Alert Service Bulletin 737-53A1188, Revision 3, 
dated September 6, 2013.
    (2) Installation of Supplemental Type Certificate (STC) 
ST01219SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/
rgstc.nsf/0/ebd1cec7b301293e86257cb30045557a/$FILE/ST01219SE.pdf) 
does not affect the ability to accomplish the actions required by 
this AD. For airplanes on which STC ST01219SE (http://rgl.faa.gov/
Regulatory_and_Guidance_Library/rgstc.nsf/0/
ebd1cec7b301293e86257cb30045557a/$FILE/ST01219SE.pdf) is installed, 
therefore, 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 at the cutout in 
the web of body station frame 303.9 inboard of stringer 16L, and a 
new report of cracking found on an airplane not included in the 
applicability of AD 2008-17-03, Amendment 39-15641 (73 FR 48288, 
August 19, 2008). We are issuing this AD to detect and correct such 
cracking, which could prevent the left forward entry door from 
sealing correctly, and could cause in-flight decompression of the 
airplane.

(f) Compliance

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

(g) Retained Repetitive Inspections: Group 1 Airplanes, Boeing Alert 
Service Bulletin 737-53A1188, Revision 2, Dated May 9, 2007; or Boeing 
Alert Service Bulletin 737-53A1188, Revision 3, Dated September 6, 2013

    This paragraph restates the requirements of paragraph (f) of AD 
2008-17-03, Amendment 39-15641 (73 FR 48288, August 19, 2008), with 
revised service information and airplane groupings. For airplanes 
identified as Group 1 in Boeing Alert Service Bulletin 737-53A1188, 
Revision 3, dated September 6, 2013: Do detailed and high frequency 
eddy current (HFEC) inspections in the web and doubler around the 
slotted holes in the frame web at stringers 15L and 16L, in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 737-53A1188, Revision 2, dated May 9, 2007; or 
Boeing Alert Service Bulletin 737-53A1188, Revision 3, dated 
September 6, 2013, except as provided by paragraph (j)(4) of this 
AD. Do

[[Page 71299]]

the inspections at the applicable time specified in paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 737-53A1188, 
Revision 3, dated September 6, 2013. Do all applicable corrective 
actions before further flight in accordance with Boeing Alert 
Service Bulletin 737-53A1188, Revision 2, dated May 9, 2007; or 
Boeing Alert Service Bulletin 737-53A1188, Revision 3, dated 
September 6, 2013; except as provided by paragraph (j)(3) of this 
AD. Repeat the inspections at intervals not to exceed 4,500 flight 
cycles, until accomplishment of the repair/preventive change in 
accordance with Boeing Alert Service Bulletin 737-53A1188, Revision 
2, dated May 9, 2007; or Boeing Alert Service Bulletin 737-53A1188, 
Revision 3, dated September 6, 2013; which terminates the repetitive 
inspection requirements for the airplanes identified in this 
paragraph. A repair/preventive change done using Boeing Alert 
Service Bulletin 737-53A1188, dated April 9, 1998; or Boeing Alert 
Service Bulletin 737-53A1188, Revision 1, dated March 18, 1999; does 
not terminate the repetitive inspections, but the repetitive 
inspections may be terminated after the existing kit is replaced 
with a new kit in accordance with paragraph 3.B., Part II, step 3, 
or Part III, step 3, of Boeing Alert Service Bulletin 737-53A1188, 
Revision 2, dated May 9, 2007. As of the effective date of this AD, 
only Boeing Alert Service Bulletin 737-53A1188, Revision 3, dated 
September 6, 2013, may be used to do the actions required by this 
paragraph.
    Note 1 to paragraph (g) of this AD: Airplanes identified as 
Group 1 in Boeing Alert Service Bulletin 737-53A1188, Revision 3, 
dated September 6, 2013, are the same as those identified in Boeing 
Alert Service Bulletin 737-53A1188, Revision 2, dated May 9, 2007.

(h) Retained Repetitive Inspections: Boeing Alert Service Bulletin 737-
53A1197, Dated August 25, 2006

    This paragraph restates the requirements of paragraph (g) of AD 
2008-17-03, Amendment 39-15641 (73 FR 48288, August 19, 2008). For 
airplanes identified in Boeing Alert Service Bulletin 737-53A1197, 
dated August 25, 2006: Do an ultrasound inspection of the slot-
shaped cutout in the web for the door stop strap at stringer 16L, an 
HFEC inspection of the web along the upper and lower edges of the 
doubler around the doorstop strap at stringer 16L, and a detailed 
inspection of the web around the doubler for the cutout at stringer 
16L, in accordance with the Accomplishment Instructions of Boeing 
Alert Service Bulletin 737-53A1197, dated August 25, 2006, except as 
provided by paragraph (j)(4) of this AD. Do the inspections at the 
applicable time specified in paragraph 1.E., ``Compliance,'' of 
Boeing Alert Service Bulletin 737-53A1197, dated August 25, 2006, 
except as provided by paragraph (j)(2) of this AD. Do all applicable 
corrective actions before further flight in accordance with Boeing 
Alert Service Bulletin 737-53A1197, dated August 25, 2006, except as 
provided by paragraph (j)(3) of this AD. Repeat the inspections at 
intervals not to exceed 4,500 flight cycles, until accomplishment of 
the repair/preventive change in accordance with Boeing Alert Service 
Bulletin 737-53A1197, dated August 25, 2006, which terminates the 
repetitive inspections.

(i) New Repetitive Inspections: Group 2 Airplanes, Boeing Alert Service 
Bulletin 737-53A1188, Revision 3, Dated September 6, 2013

    For airplanes identified as Group 2 in Boeing Alert Service 
Bulletin 737-53A1188, Revision 3, dated September 6, 2013: At the 
applicable times specified in Table 3 of paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 737-53A1188, 
Revision 3, dated September 6, 2013, except as required by paragraph 
(j)(1) of this AD: Do detailed and HFEC inspections for cracking in 
the web of the body station 303.9 frame at stringer 15L, and do all 
applicable corrective actions, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin 737-53A1188, Revision 
3, dated September 6, 2013, except as required by paragraphs (j)(3) 
and (j)(4) of this AD. Do all applicable corrective actions before 
further flight. Repeat the inspection thereafter at the applicable 
time specified in Table 3 of paragraph 1.E., ``Compliance,'' of 
Boeing Alert Service Bulletin 737-53A1188, Revision 3, dated 
September 6, 2013. Accomplishment of a repair using a method 
approved in accordance with the procedures specified in paragraph 
(k) of this AD terminates the repetitive inspections required by 
this paragraph for the area covered by the repair.

(j) Exceptions to Service Information Specifications

    (1) Where Boeing Alert Service Bulletin 737-53A1188, Revision 3, 
dated September 6, 2013, specifies a compliance time ``after the 
Revision 3 date of this service bulletin,'' this AD requires 
compliance within the specified time after the effective date of 
this AD.
    (2) Where Boeing Alert Service Bulletin 737-53A1197, dated 
August 25, 2006, specifies a compliance time ``After the Date of 
this Service Bulletin,'' this AD requires compliance for paragraph 
(h) of this AD within the specified time after September 23, 2008 
(the effective date of AD 2008-17-03, Amendment 39-15641 (73 FR 
48288, August 19, 2008)). For the initial inspection, the grace 
period for airplanes that have exceeded the specified threshold is 
extended to 4,500 flight cycles after September 23, 2008 (the 
effective date of AD 2008-17-03).
    (3) Where Boeing Alert Service Bulletin 737-53A1188, Revision 2, 
dated May 9, 2007; Boeing Alert Service Bulletin 737-53A1188, 
Revision 3, dated September 6, 2013; and Boeing Alert Service 
Bulletin 737-53A1197, dated August 25, 2006; specify to contact 
Boeing for appropriate action, including repair of damage outside 
the scope of the service information, repair using a method approved 
in accordance with the procedures specified in paragraph (k) of this 
AD.
    (4) This AD does not require the specific access and restoration 
instructions identified in the Work Instructions of Boeing Alert 
Service Bulletin 737-53A1188, Revision 3, dated September 6, 2013; 
and Boeing Alert Service Bulletin 737-53A1197, dated August 25, 
2006. Operators may perform those actions in accordance with 
approved maintenance procedures.

(k) 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 (l)(1) of this AD. 
Information may be emailed to: <a href="/cdn-cgi/l/email-protection#a99084e8e7e484faccc8ddddc5cc84e8eae684e8e4e6ea84fbccd8dcccdadddae9cfc8c887cec6df"><span class="__cf_email__" data-cfemail="99a0b4d8d7d4b4cafcf8ededf5fcb4d8dad6b4d8d4d6dab4cbfce8ecfceaedead9fff8f8b7fef6ef">[email&#160;protected]</span></a>.
    (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 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. 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.
    (4) AMOCs approved previously for AD 2008-17-03, Amendment 39-
15641 (73 FR 48288, August 19, 2008), are approved as AMOCs for the 
corresponding provisions of this AD.

(l) Related Information

    For more information about this AD, contact Nenita Odessa, 
Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles 
Aircraft Certification Office (ACO), 3960 Paramount Boulevard, 
Lakewood, California 90712-4137; phone: 562-627-5234; fax: 562-627-
5210; email: <a href="/cdn-cgi/l/email-protection#28464d46415c4906474c4d5b5b49684e4949064f475e"><span class="__cf_email__" data-cfemail="85ebe0ebecf1e4abeae1e0f6f6e4c5e3e4e4abe2eaf3">[email&#160;protected]</span></a>.

(m) 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 
January 6, 2015.
    (i) Boeing Alert Service Bulletin 737-53A1188, Revision 3, dated 
September 6, 2013.
    (ii) Reserved.
    (4) The following service information was approved for IBR on 
September 23, 2008 (73 FR 48288, August 19, 2008).
    (i) Boeing Alert Service Bulletin 737-53A1188, Revision 2, dated 
May 9, 2007.
    (ii) Boeing Alert Service Bulletin 737-53A1197, dated August 25, 
2006.
    (5) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P. O. Box 3707, MC 2H-65,

[[Page 71300]]

Seattle, WA 98124-2207; telephone 206-544-5000, extension 1; fax 
206-766-5680; Internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.
    (6) You may view this service information at 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 <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Renton, Washington, on November 5, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-27362 Filed 12-1-14; 8:45 am]
BILLING CODE 4910-13-P