AD 2013-19-22

This AD is effective November 6, 2013.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of November 6, 2013.

For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, 3855 Lakewood Boulevard, MC D800-0019, Long Beach, CA 90846-0001; telephone 206-544-5000, extension 2; fax 206-766-5683; Internet https://www.myboeingfleet.com. You may review copies of the 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.

George Garrido, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5357; fax: 562-627-5210; email: george.garrido@faa.gov.

We issued an SNPRM (supplemental notice of proposed rulemaking) to amend 14 CFR part 39 by adding an airworthiness directive (AD) that would apply to the specified products. The SNPRM published in the Federal Register on May 6, 2013 (78 FR 26286). We preceded the SNPRM with a notice of proposed rulemaking (NPRM) that published in the Federal Register on May 9, 2012 (77 FR 27142). The NPRM (77 FR 27142, May 9, 2012) proposed to require repetitive inspections for cracking of the overwing frames, and corrective actions if necessary. The SNPRM proposed to revise the initial compliance time and provide an optional modification that would extend the compliance time for the next repetitive inspection.

We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the SNPRM (78 FR 26286, May 6, 2013) and the FAA's response to each comment.

Boeing noted an error in the title of a service bulletin referenced in paragraphs (h) and (h)(2) of the SNPRM (78 FR 26286, May 6, 2013). Boeing requested the word “Alert” be removed with reference to “Boeing `Alert' Service Bulletin 717-53-0035, dated June 8, 2012.”

We agree with Boeing's request. We have revised paragraphs (h) and (h)(2) of this final rule to correct the service bulletin title accordingly, since the referenced service bulletin is not an “Alert” service bulletin.

Boeing stated that cracked overwing frames had been found during scheduled inspections done in accordance with 717 Maintenance Task 53-129-01, and that the frames were replaced as a consequence. Boeing requested that we revise the SNPRM (78 FR 26286, May 6, 2013) to allow credit for work done prior to the effective date of the SNPRM using 717 Maintenance Task 53-129-01. Boeing stated those new frames should be given the same credit as the frames that were replaced using Boeing Alert Service Bulletin 717-53A0034, dated October 5, 2011.

We disagree with the request to allow credit for frames replaced using 717 Maintenance Task 53-129-01, which references the manufacturer's original production drawing. Paragraph (i) of the SNPRM (78 FR 26286, May 6, 2013) was added to allow credit for work done prior to the effective date of this final rule using Boeing Alert Service Bulletin 717-53A0034, dated October 5, 2011, which references Service Rework Drawing SR95530013. We disagree with changing this final rule because due to a large number of configurations, Boeing would be required to release numerous proprietary production drawings. However, operators may apply for approval of an alternative method of compliance (AMOC) (for credit for previously replaced frames) in accordance with the provisions of paragraph (j) of this AD. We have not changed this final rule in this regard.

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:

• Are consistent with the intent that was proposed in the SNPRM (78 FR 26286, May 6, 2013) for correcting the unsafe condition; and

• Do not add any additional burden upon the public than was already proposed in the SNPRM (78 FR 26286, May 6, 2013).

We also determined that these changes will not increase the economic burden on any operator or increase the scope of this AD.

We estimate that this AD affects 129 airplanes of U.S. registry.

We estimate the following costs to comply with this AD:

We estimate the following costs to do any necessary replacements/repairs that would be required based on the results of the inspections. We have no way of determining the number of aircraft that might need these replacements:

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.

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.

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

1. The authority citation for part 39 continues to read as follows:

2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD):