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21238 Federal Register / Vol. 73, No. 77 / Monday, April 21, 2008 / Rules and Regulations
of a certain publication listed in this AD considered the comments received from NPRM as the appropriate source of
as of May 27, 2008. the one commenter. service information for the required
ADDRESSES: For service information actions), does not describe procedures
Request To Allow Alternative
identified in this AD, contact Boeing for repairing cracked structure, as
Inspections for Previously Repaired/
Commercial Airplanes, P.O. Box 3707, specified in the ‘‘Relevant Service
Altered Structure
Seattle, Washington 98124–2207. Information’’ section.
Boeing requests that the NPRM be We agree with Boeing that the
Examining the AD Docket revised to include a provision for identified sections could be clarified.
alternative inspections when a repair For the first two items we agree with
You may examine the AD docket on
area prohibits operators from doing the Boeing’s statements. On the third item,
the Internet at http:// inspections specified in paragraph (h) of
www.regulations.gov; or in person at the while the document does not specify
the NPRM. Boeing requests that the individual repair procedures for each
Docket Management Facility between 9 initial alternative inspection be done
a.m. and 5 p.m., Monday through specific SSI, it does specify that all
within 12 months after the repair is repairs must be approved. However, no
Friday, except Federal holidays. The AD discovered during the initial inspection
docket contains this AD, the regulatory change has been made to the final rule
required by paragraph (h). Boeing points since the identified sections of the
evaluation, any comments received, and out that a similar provision was
other information. The address for the NPRM do not reappear in the final rule.
provided in paragraph (e) of AD 98–11–
Docket Office (telephone 800–647–5527) 04 R1, amendment 39–10984 (64 FR Explanation of Change to Reported
is the Document Management Facility, 987, January 7, 1999). Boeing states that Incidents
U.S. Department of Transportation, including such a provision will assist
Docket Operations, M–30, West We have revised the AD to specify
operators. that this AD results from a report of
Building Ground Floor, Room W12–140, We agree. We have added a new
1200 New Jersey Avenue, SE., incidents involving fatigue cracking
paragraph (i) to this AD (and
Washington, DC 20590. only.
reidentified subsequent paragraphs) that
FOR FURTHER INFORMATION CONTACT: provides alternative inspections to those Explanation of Change to Costs of
Nancy Marsh, Aerospace Engineer, in paragraph (h) of this AD. Compliance
Airframe Branch, ANM–120S, FAA, Request To Clarify Certain Sections of The requirements for the baseline
Seattle Aircraft Certification Office, the Preamble of the NPRM structure of Model 737–200C series
1601 Lind Avenue, SW., Renton, airplanes are currently described in 14
Washington 98057–3356; telephone Boeing requests that certain sections
in the preamble of the NPRM be CFR 121.1109(c)(1) and 129.109(b)(1),
(425) 917–6440; fax (425) 917–6590. not in 14 CFR 121.370(a) and 129.16 as
clarified for the following reasons:
SUPPLEMENTARY INFORMATION: 1. Boeing states that Advisory Circular indicated in the third paragraph of the
Discussion (AC) No. 91–56, ‘‘Supplemental Cost of Compliance section of the
Structural Inspection Program for Large NPRM. Therefore, we have revised the
We issued a notice of proposed Transport Category Airplanes,’’ dated Costs of Compliance section of the AD
rulemaking (NPRM) to amend 14 CFR May 6, 2001, applies to airplanes accordingly.
part 39 to include an airworthiness certified under the fail-safe and fatigue
directive (AD) that would apply to all Conclusion
requirements of Civil Air Regulations
Boeing Model 737–200C series (CAR) 4b or part 25 of the Federal We reviewed the relevant data,
airplanes. That NPRM was published in Aviation Regulations (14 CFR part 25), considered the comments received, and
the Federal Register on August 23, 2007 not damage tolerance structural determined that air safety and the
(72 FR 48243). That NPRM proposed to requirements as stated in the ‘‘Issuance public interest require adopting the AD
require revising the FAA-approved of Advisory Circular (AC)’’ section. with the changes described previously.
maintenance inspection program to 2. Boeing notes that the ‘‘Other We also determined that these changes
include inspections that will give no Relevant Rulemaking’’ section identifies will not increase the economic burden
less than the required damage tolerance the strut as one of the affected SSIs for on any operator or increase the scope of
rating for each structural significant Model 737–100, –200, and –200C series the AD.
item (SSI), doing repetitive inspections airplanes. Boeing states that those Costs of Compliance
to detect cracks of all SSIs, and airplanes do not have an engine strut.
repairing cracked structure. 3. Boeing states that Boeing Document There are about 49 airplanes of the
D6–37089, ‘‘Supplemental Structural affected design in the worldwide fleet.
Comments
Inspection Document for Model 737– The following table provides the
We gave the public the opportunity to 100/200/200C Airplanes,’’ Revision E, estimated costs for U.S. operators to
participate in developing this AD. We dated May 2007 (referred to in the comply with this AD.
ESTIMATED COSTS
Number of
Average labor
Action Work hours Cost U.S.-registered Fleet cost
rate per hour airplanes
Revision of maintenance 1,000, per operator (3 $80 $80,000 per operator ...... 9 $240,000.
inspection program. U.S. operators).
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Inspections ....................... 500 per airplane ............. 80 $40,000, per airplane, 9 $360,000, per inspection
per inspection cycle. cycle.
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Federal Register / Vol. 73, No. 77 / Monday, April 21, 2008 / Rules and Regulations 21239
The number of work hours, as products identified in this rulemaking Affected ADs
indicated above, is presented as if the action. (b) Accomplishing the actions required by
accomplishment of the actions in this paragraph (g) and the initial inspections
Regulatory Findings
AD is to be conducted as ‘‘stand alone’’ required by paragraph (h) of this AD ends the
actions. However, in actual practice, This AD will not have federalism requirements of AD 98–11–04 R1,
these actions for the most part will be implications under Executive Order amendment 39–10984, for Model 737–200C
done coincidentally or in combination 13132. This AD will not have a series airplanes only. Operators of Model
substantial direct effect on the States, on 737–100 and –200 series airplanes must
with normally scheduled airplane
the relationship between the national continue to do the actions required by AD
inspections and other maintenance 98–11–04 R1.
program tasks. Therefore, the actual government and the States, or on the
number of necessary additional work distribution of power and Applicability
hours will be minimal in many responsibilities among the various (c) This AD applies to all Boeing Model
instances. Additionally, any costs levels of government. 737–200C series airplanes, certificated in any
associated with special airplane For the reasons discussed above, I category.
scheduling will be minimal. certify that this AD: Unsafe Condition
Further, compliance with this AD will (1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866, (d) This AD results from a report of
be a means of compliance with the aging incidents involving fatigue cracking in
airplane safety final rule (AASFR) for (2) Is not a ‘‘significant rule’’ under
transport category airplanes that are
the baseline structure of Model 737– DOT Regulatory Policies and Procedures approaching or have exceeded their design
200C series airplanes. The AASFR final (44 FR 11034, February 26, 1979), and service objective. We are issuing this AD to
rule requires certain operators to (3) Will not have a significant maintain the continued structural integrity of
incorporate damage tolerance economic impact, positive or negative, the entire fleet of Model 737–200C series
inspections into their maintenance on a substantial number of small entities airplanes.
inspection programs. These under the criteria of the Regulatory
Compliance
requirements are described in 14 CFR Flexibility Act.
You can find our regulatory (e) You are responsible for having the
121.1109(c)(1) and 129.109(b)(1). actions required by this AD performed within
Accomplishment of the actions required evaluation and the estimated costs of
the compliance times specified, unless the
by this AD will meet the requirements compliance in the AD Docket.
actions have already been done.
of these CFR sections for the baseline List of Subjects in 14 CFR Part 39 Service Information
structure. The costs for accomplishing
the inspection portion of this AD were Air transportation, Aircraft, Aviation (f) The term ‘‘Revision E,’’ as used in this
accounted for in the regulatory safety, Incorporation by reference, AD, means Boeing Document D6–37089,
evaluation of the AASFR final rule. Safety. ‘‘Supplemental Structural Inspection
Document for Model 737–100/200/200C
Authority for This Rulemaking Adoption of the Amendment Airplanes,’’ Revision E, dated May 2007.
Title 49 of the United States Code ■ Accordingly, under the authority Revision of the FAA-Approved Maintenance
specifies the FAA’s authority to issue delegated to me by the Administrator, Inspection Program
rules on aviation safety. Subtitle I, the FAA amends 14 CFR part 39 as (g) At the applicable time specified in
section 106, describes the authority of follows: Table 1 of this AD, incorporate a revision
the FAA Administrator. ‘‘Subtitle VII: into the FAA-approved maintenance
Aviation Programs,’’ describes in more PART 39—AIRWORTHINESS inspection program that provides no less
detail the scope of the Agency’s DIRECTIVES than the required damage tolerance rating
(DTR) for each structural significant item
authority. ■ 1. The authority citation for part 39 (SSI) listed in Revision E. (The required DTR
We are issuing this rulemaking under continues to read as follows: value for each SSI is listed in Revision E.)
the authority described in ‘‘Subtitle VII, Authority: 49 U.S.C. 106(g), 40113, 44701. The revision to the maintenance inspection
Part A, Subpart III, Section 44701: program must include and must be
General requirements.’’ Under that § 39.13 [Amended] implemented in accordance with the
section, Congress charges the FAA with procedures in Section 5.0, ‘‘Damage
■ 2. The FAA amends § 39.13 by adding Tolerance Rating (DTR) System Application,’’
promoting safe flight of civil aircraft in the following new AD:
air commerce by prescribing regulations and Section 6.0, ‘‘SSI Discrepancy
for practices, methods, and procedures 2008–08–23 Boeing: Amendment 39–15477. Reporting’’ of Revision E. Under the
Docket No. FAA–2007–29029; provisions of the Paperwork Reduction Act of
the Administrator finds necessary for 1980 (44 U.S.C. 3501 et seq.), the Office of
Directorate Identifier 2007–NM–175–AD.
safety in air commerce. This regulation Management and Budget (OMB) has
is within the scope of that authority Effective Date approved the information collection
because it addresses an unsafe condition (a) This airworthiness directive (AD) is requirements contained in this AD and has
that is likely to exist or develop on effective May 27, 2008. assigned OMB Control Number 2120–0056.
(1) Affected by the cargo configura- Before the accumulation of 46,000 total flight cycles, or within 12 months after the effective date of this
tion. AD, whichever occurs later.
(2) Not affected by the cargo con- Before the accumulation of 66,000 total flight cycles, or within 12 months after the effective date of this
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21240 Federal Register / Vol. 73, No. 77 / Monday, April 21, 2008 / Rules and Regulations
Initial and Repetitive Inspections Table 2 of this AD, do the applicable initial applicable inspections thereafter at the
(h) Except as provided by paragraph (i) of inspections to detect cracks of all SSIs, in intervals specified in Section 3.0,
this AD: At the applicable time specified in accordance with Revision E. Repeat the ‘‘Implementation’’ of Revision E.
(1) Affected by the cargo configura- Before the accumulation of 46,000 total flight cycles, or within 4,000 flight cycles measured from 12
tion. months after the effective date of this AD, whichever occurs later.
(2) Not affected by the cargo con- Before the accumulation of 66,000 total flight cycles, or within 4,000 flight cycles measured from 12
figuration. months after the effective date of this AD, whichever occurs later.
(i) For any SSI that has been repaired or schedule and inspection method, or the new exist; but are not specified in the List of
altered before the effective date of this AD operator’s schedule and inspection method, Effective Pages.
such that the repair or design change affects at whichever time would result in the earlier (ii) Pages 7.0.43 through 7.0.46 inclusive of
your ability to accomplish the actions accomplishment for that SSI inspection. The Section 7.0 and pages W.34.1 and W.34.2 of
required by paragraph (h) of this AD: You compliance time for accomplishment of this Section 11.1, as specified in the List of
must request FAA approval of an alternative inspection must be measured from the last Effective Pages, do not exist.
method of compliance (AMOC) in inspection accomplished by the previous (iii) The List of Effective Pages specifies
accordance with section 39.17 of the Federal operator. After each inspection has been incorrect revision levels for certain pages; the
Aviation Regulations (14 CFR 39.17), at the done once, each subsequent inspection must revision levels specified on each page are
initial compliance time specified in be performed in accordance with the new correct.
paragraph (h) of the AD; or do the actions operator’s schedule and inspection method. (iv) None of the pages are dated. The issue
specified in paragraphs (i)(1) and (i)(2) of this (2) For airplanes that have not been date for each revision is specified in the
AD, at the times specified in those inspected in accordance with this AD: The Revision Highlights section.
paragraphs, as an approved means of inspection of each SSI required by this AD (2) The Director of the Federal Register
compliance with the requirements of must be done either before adding the approved the incorporation by reference of
paragraph (h) of this AD. airplane to the air carrier’s operations this service information under 5 U.S.C.
(1) At the initial compliance time specified specification, or in accordance with a 552(a) and 1 CFR part 51.
in paragraph (h) of the AD, identify each schedule and an inspection method approved (3) For service information identified in
repair or design change to that SSI. by the Manager, Seattle Aircraft Certification this AD, contact Boeing Commercial
(2) Within 12 months after the Office (ACO), FAA. After each inspection has Airplanes, P.O. Box 3707, Seattle,
identification of a repair or design change been done once, each subsequent inspection Washington 98124–2207.
required by paragraph (i)(1) of this AD, assess must be done in accordance with the new (4) You may review copies of the service
the damage tolerance characteristics of each operator’s schedule. information incorporated by reference at the
SSI affected by each repair or design change FAA, Transport Airplane Directorate, 1601
to determine the effectiveness of the Alternative Methods of Compliance Lind Avenue, SW., Renton, Washington; or at
applicable SSID inspection for that SSI and (AMOCs) the National Archives and Records
if not effective, incorporate a revision into (l)(1) The Manager, Seattle ACO has the Administration (NARA). For information on
the FAA-approved maintenance inspection authority to approve AMOCs for this AD, if the availability of this material at NARA, call
program to include a damage-tolerance based requested in accordance with the procedures 202–741–6030, or go to: http://
alternative inspection program for each found in 14 CFR 39.19. www.archives.gov/federal_register/
affected SSI. Thereafter, inspect the affected (2) To request a different method of code_of_federal_regulations/
structure in accordance with the alternative compliance or a different compliance time ibr_locations.html.
inspection program. The inspection method for this AD, follow the procedures in 14 CFR Issued in Renton, Washington, on April 8,
and compliance times (i.e., threshold and 39.19. Before using any approved AMOC on 2008.
repeat intervals) of the alternative inspection any airplane to which the AMOC applies,
program must be approved in accordance notify your appropriate principal inspector Ali Bahrami,
with the procedures specified in paragraph (PI) in the FAA Flight Standards District Manager, Transport Airplane Directorate,
(l) of this AD. Office (FSDO), or lacking a PI, your local Aircraft Certification Service.
FSDO. [FR Doc. E8–8320 Filed 4–18–08; 8:45 am]
Repair (3) An AMOC that provides an acceptable BILLING CODE 4910–13–P
(j) If any cracked structure is found during level of safety may be used for any repair
any inspection required by paragraph (h) or required by this AD, if it is approved by an
(i) of this AD, before further flight, repair the Authorized Representative for the Boeing
DEPARTMENT OF TRANSPORTATION
cracked structure using a method approved Commercial Airplanes Delegation Option
in accordance with the procedures specified Authorization Organization who has been
in paragraph (l) of this AD.
Federal Aviation Administration
authorized by the Manager, Seattle ACO, to
make those findings. For a repair method to
Inspection Program for Transferred be approved, the repair approval must 14 CFR Part 39
Airplanes specifically refer to this AD. [Docket No. FAA–2006–26726; Directorate
(k) Before any airplane that is subject to Identifier 2006–NM–205–AD; Amendment
this AD and that has exceeded the applicable Material Incorporated by Reference
39–15479; AD 2008–08–25]
compliance times specified in paragraph (h) (m) You must use Boeing Document D6–
of this AD can be added to an air carrier’s 37089, ‘‘Supplemental Structural Inspection RIN 2120–AA64
operations specifications, a program for the Document for Model 737–100/200/200C
accomplishment of the inspections required Airplanes,’’ Revision E, dated May 2007, to Airworthiness Directives; Boeing
by this AD must be established in accordance do the actions required by this AD, unless the Model 747–400F and –400 Series
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