[Federal Register Volume 77, Number 225 (Wednesday, November 21, 2012)]
[Rules and Regulations]
[Pages 69747-69754]
[FR Doc No: 2012-27636]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0722; Directorate Identifier 2010-NM-262-AD;
Amendment 39-17260; AD 2012-23-04]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding an existing airworthiness directive (AD)
for certain The Boeing Company Model 737-100 and -200 series airplanes.
The existing AD currently requires various inspections for cracks in
the outboard chord of the frame at body station (BS) 727 and in the
outboard chord of stringer (S) 18A, and repair or replacement of
cracked parts. This new AD adds airplanes to the applicability
statement in the existing AD and adds inspections for cracks in the BS
727 frame outboard chords and the radius of the auxiliary chord, for
certain airplanes. This new AD also removes the inspections of the
outboard chord of S-18A required by the existing AD. This AD was
prompted by several reports of fatigue cracking in the frame outboard
chord at BS 727 and in the radius of the auxiliary chord on airplanes
that were not affected by the existing AD. We are issuing this AD to
detect and correct fatigue cracking of the outboard and auxiliary
chords, which could result in reduced structural integrity of the
outboard chord and consequent rapid decompression of the airplane.

DATES: This AD is effective December 26, 2012.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of December 26,
2012.
    The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of August
18, 1995 (60 FR 36981, July 19, 1995).

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<PHONE_NUMBER>; 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, Washington. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; 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:<PHONE_NUMBER>) is 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: Alan Pohl, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue SW., Renton, Washington 98057-3356; phone (425) 917-
6450; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 95-12-17, Amendment 39-9268 (60 FR 36981, July
19, 1995). That AD applies to the specified products. The NPRM
published in the Federal Register on August 5, 2011 (76 FR 47522). That
NPRM proposed to continue to require various inspections for cracks in
the outboard chord of the frame at BS 727, and repair or replacement of
cracked parts. That NPRM also proposed to add airplanes to the
applicability statement in the existing AD and add inspections for
cracks in the BS 727 frame outboard chords and the radius of the
auxiliary chord, for certain airplanes. That NPRM also proposed to
remove the inspections of the outboard chord of S-18A required by the
existing AD.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(76 FR 47522, August 5, 2011) and the FAA's response to each comment.

Support for NPRM (76 FR 47522, August 5, 2011)

    Europe Airpost has no objection to the NRPM (76 FR 47522, August 5,
2011), and noted that it has already implemented the procedures in
Boeing

Alert Service Bulletin 737-53A1166, Revision 2, dated May 25, 2006,
into its maintenance program.

Request To Remove ``Total'' From Compliance Time

    Southwest Airlines (SWA) asked that paragraph (o) of the NPRM (76
FR 47522, August 5, 2011), which specifies the compliance time as
``Before the accumulation of 50,000 total flight cycles, but fewer than
or equal to 60,000 total flight cycles, after accomplishing the
modification of the outboard chord of the frame * * *'' be changed to
delete the word ``total.'' SWA states that this would eliminate any
confusion as to whether the subject inspection is to be done between
50,000 and 60,000 total airplane flight cycles, or between 50,000 and
60,000 flight cycles after the modification installation.
    We agree with the commenter. The intent of paragraph (o) of this AD
is to do the inspection between 50,000 and 60,000 flight cycles after
accomplishing the modification. We have changed paragraph (o) of this
AD accordingly. In addition, for clarification, we have removed
``total'' from paragraphs (g), (h)(1), (h)(2), (h)(3), and (h)(4) of
this AD.

Request To Clarify Certain Compliance Times

    Boeing asked that we clarify the compliance time for the inspection
specified in paragraph (i)(1) of the NPRM (76 FR 47522, August 5,
2011). Boeing stated that paragraph (c)(1) of AD 95-12-17, Amendment
39-9268 (60 FR 36981, July 19, 1995), states ``Inspect prior to the
accumulation of 4,500 flight cycles after the effective date of this
AD.'' The new language in paragraph (i)(1) of the NPRM states ``Inspect
prior within 4,500 flight cycles after August 18, 1995.'' Boeing noted
that this looks like a typographical error.
    We find that there is a terminology error in paragraph (c)(1) of
the existing AD 95-12-17, Amendment 39-9268 (60 FR 36981, July 19,
1995), and in paragraph (i)(1) of this AD. We have corrected that
paragraph to read: ``Inspect within 4,500 flight cycles after August
18, 1995 * * *.'' We have also corrected similar terminology in
paragraphs (i)(2), (i)(3), and (i)(4) of this AD.
    Boeing also asked that we clarify the compliance time specified in
paragraph (n) of the NPRM (76 FR 47522, August 5, 2011). Boeing stated
that Table 3 of Boeing Alert Service Bulletin 737-53A1166, Revision 2,
dated May 25, 2006, specifies ``total airplane flight cycles after
replacement'' and paragraph (g) of the NPRM addresses previously
replaced frame upper outboard chords for comparison. Boeing added that
paragraphs (n)(1)(i) and (n)(1)(ii) of the NPRM identify the threshold
for a replaced frame upper outboard chord in terms of ``total flight
cycles,'' but Table 3 of that service bulletin identifies the threshold
based on cycles ``after chord replacement.''
    We agree that the compliance time specified in paragraphs (n)(1)(i)
and (n)(1)(ii) of this AD should be expressed in terms of flight cycles
after replacement of the outboard chords, as identified in Boeing Alert
Service Bulletin 737-53A1166, Revision 2, dated May 25, 2006, not total
flight cycles on the airplane. We have clarified the compliance time in
paragraphs (n)(1)(i) and (n)(1)(ii) of this AD accordingly.

Request To Include Repair Instructions

    Boeing asked that we include repair instructions in paragraph (o)
of the NPRM (76 FR 47522, August 5, 2011) for crack findings during the
open-hole eddy current inspection. Boeing notes that no repair
instructions are provided. Boeing suggests the following be added for
the repair: ``Except as required by paragraph (p) of this AD, if any
crack is found during the inspection required by this paragraph, before
further flight, repair in accordance with Part 3 or Part 4, as
applicable, of the Accomplishment Instructions of Boeing Alert Service
Bulletin 737-53A1166, Revision 2, dated May 25, 2006.''
    We agree with the commenter for the reason provided. In paragraph
(o) of the NPRM (76 FR 47522, August 5, 2011), we inadvertently omitted
the repair language specified in paragraphs (l) through (n) of the NPRM
from paragraph (o) of the NPRM. In the preamble of the NPRM in the
``Relevant Service Information'' section, we described additional
inspections, and repair or replacement if necessary. Boeing Alert
Service Bulletin 737-53A1166, Revision 2, dated May 25, 2006, contains
repair instructions in Part 3 and Part 4. Therefore, we have added the
text ``* * * repair in accordance with Part 3 or Part 4 * * *.'' to
paragraph (o) of this AD. Paragraph (p) of this AD already contains a
reference to paragraph (o) of this AD for the exception to the repair
procedure.

Request To Clarify Repair Instructions

    Boeing asked that we clarify the repair instructions specified in
paragraph (l) of the NPRM (76 FR 47522, August 5, 2011) for cracks
found in the auxiliary chord. Boeing stated that paragraph (l) of the
NPRM specifies ``If any crack is found, before further flight, repair
in accordance with the requirements in paragraph (p) of this AD.''
Boeing noted that paragraph (p) of the NPRM directs the reader to
paragraph (s) of the NPRM for an alternative method of compliance
(AMOC) if Part 3 or Part 4 of the Accomplishment Instructions of Boeing
Alert Service Bulletin 737-53A1166, Revision 2, dated May 25, 2006,
cannot be accomplished. Boeing added that neither Part 3 nor Part 4
provide repair instructions for the auxiliary chord. Boeing added that
paragraph (n) of the NPRM provides clear instructions for accomplishing
the crack repair.
    We acknowledge the commenter's concerns. The inspection identified
in paragraph (l) of this AD is required to detect cracks in the
auxiliary chord radius of the frame at BS 727. The inspection
identified in paragraph (n) of this AD is required to detect cracks in
the forward flange of the outboard chord at BS 727. The repair
instructions for those areas are specified in different parts of the
Accomplishment Instructions of the service information; therefore, the
repair identified in paragraph (n) of this AD should not refer to the
same repair instructions as those identified in paragraph (l) of this
AD. Since Parts 3 and 4 of the Accomplishment Instructions of the
service information do not provide repair instructions for the
auxiliary chord, we have clarified the repair instructions in paragraph
(l) of this AD by changing the reference from paragraph (p) to
paragraph (s) of this AD. In addition, we have removed the reference to
paragraph (l) from paragraph (p) of this AD for further clarification.

Request To Clarify When Time-Limited Repairs Are Required for Certain
Airplanes

    Boeing asked that we clarify when time-limited repairs, as
specified in paragraph (q) of the NPRM (76 FR 47522, August 5, 2011),
installed in accordance with Boeing Alert Service Bulletin 737-53A1166,
Revision 2, dated May 25, 2006, must be replaced. Boeing stated that
paragraph (q) of the NPRM identifies replacement for time-limited
repairs installed in accordance with Boeing Alert Service Bulletin 737-
53A1166, dated June 30, 1994; or Boeing Service Bulletin 737-53A1166,
Revision 1, dated May 25, 1995; but does not provide a compliance time
for time-limited repairs installed in accordance with Boeing Alert
Service Bulletin 737-53A1166, Revision 2, dated May 25, 2006. Boeing
added that the compliance time specified in Table 6 of Boeing Alert
Service Bulletin 737-53A1166, Revision 2, dated May 25, 2006, is not to
exceed

4,500 flight cycles from the time of the installation.
    We agree to clarify paragraph (q) of this AD. In the NPRM (76 FR
47522, August 5, 2011), we did not refer to airplanes identified in
Boeing Alert Service Bulletin 737-53A1166, Revision 2, dated May 25,
2006, as airplanes affected by paragraph (q) of this AD. However, Step
3.b. of ``Part 4--STA 727 Frame Outboard Chord Time-Limited Repair'' of
the Accomplishment Instructions of Boeing Alert Service Bulletin 737-
53A1166, Revision 2, dated May 25, 2006, specifies doing the
replacement of the time-limited repair at the time specified in
paragraph 1.E., ``Compliance,'' of that service bulletin revision
(i.e., 4,500 flight cycles after the time-limited replacement).
Therefore, we have determined that Boeing Alert Service Bulletin 737-
53A1166, Revision 2, dated May 25, 2006, should be added to paragraph
(q) of this AD as a reference for airplanes affected by that paragraph.

Request To Clarify Affected Airplanes

    Boeing asked that the affected airplanes be added to paragraph (j)
of the NPRM (76 FR 47522, August 5, 2011). Boeing stated that paragraph
(h) of the NPRM identifies the affected airplanes, and that paragraph
(j) of the NPRM has similar requirements and should match paragraph (h)
of the NPRM.
    We agree that the affected airplane models should be added to
paragraph (j) of this AD for clarification and consistency. We have
changed that paragraph to include the affected airplane models.
    Boeing also asked that we clarify paragraphs (g), (h), (i), and (j)
of the NPRM (76 FR 47522, August 5, 2011), by specifying that the
airplanes affected by those paragraphs, which are restated from AD 95-
12-17, Amendment 39-9268 (60 FR 36981, July 19, 1995), are only those
Model 737-100 and -200 series airplanes having line numbers 1 through
999 inclusive. Boeing stated that the NPRM requirements do not
differentiate for Model 737-200 series airplanes having line numbers
beyond 999 and do not identify Model 737-200C series airplanes.
    We agree that the restated requirements specified in this AD only
affect Model 737 airplanes having line numbers 1 through 999 inclusive.
We have added that clarification to paragraphs (g), (h), (i), and (j)
of this AD.

Request To Clarify Affected Airplanes Relative to Supplemental
Structural Inspection Document (SSID) Inspections

    Boeing asked that we provide clarification of certain affected
airplanes in paragraph (s)(5) of the NPRM (76 FR 47522, August 5,
2011). Boeing stated that AD 2008-08-23, Amendment 39-15477 (73 FR
21237, April 21, 2008), only applies to Model 737-200C series
airplanes. Boeing added that Boeing SSID D6-37089, Revision E, dated
May 1, 2007, applies to Model 737-100, -200, and -200C series
airplanes. Boeing also asked that we clarify that AD 2008-09-13,
Amendment 39-15494 (73 FR 24164, May 2, 2008), is only applicable to
Model 737-300, -400, and -500 series airplanes. Boeing stated that
paragraph (s)(5) of the NPRM refers to Boeing 737-400/500/600 SSID D6-
82669, dated May 1, 2007, but noted that Model 737-600 is a next
generation (NG) airplane, not a 737 ``Classic'' airplane.
    Boeing also asked that the structurally significant item (SSI) F-29
SSID inspections (which describe visual and eddy current inspections of
the BS 727 bulkhead outer chord) in paragraph (s)(5) of the NPRM (76 FR
47522, August 5, 2011) refer to Appendix A of Boeing Alert Service
Bulletin 737-53A1166, Revision 2, dated May 25, 2006, for consistency.
Boeing states that currently paragraph 1.F. of Boeing Alert Service
Bulletin 737-53A1166, Revision 2, dated May 25, 2006, refers to table 1
of Appendix A.
    We agree that some clarifications are necessary for the reasons
provided by the commenter. Therefore, we have included the appropriate
information in paragraph (s)(5) of this AD. We clarified that AD 2008-
08-23, Amendment 39-15477 (73 FR 21237, April 21, 2008), applies to
Model 737-200C series airplanes. We changed the reference to ``Boeing
737-400/500/600 SSID'' to the correct reference, which is ``Boeing 737-
300/400/500 SSID.'' In addition, we added a reference to Appendix A,
Table 1, of Boeing Alert Service Bulletin 737-53A1166, Revision 2,
dated May 25, 2006, for the SSI F-29 SSID inspections.

Request To Clarify Actions Required for Affected Airplanes

    Boeing asked that we clarify actions to be taken for airplanes
affected by both the restated requirements and the new requirements of
the NPRM (76 FR 47522, August 5, 2011). Boeing stated that paragraphs
(g) through (j) of the NPRM are identified as applicable to Model 737-
100 and -200 series airplanes; and paragraphs (m) and (n) of the NPRM
are applicable to airplanes identified in Tables 2 and 3, respectively,
of paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
737-53A1166, Revision 2, dated May 25, 2006. Boeing noted that Model
737-100 and -200 series airplanes (having line numbers 1 through 999
inclusive) are identified in Groups 1, 2, and 3 of that service
bulletin; both tables 2 and 3 of that service bulletin identify Groups
1, 2, and 3. Boeing added that Model 737-100 and -200 series airplanes
have threshold and repetitive inspection requirements from both the
restated and the new requirements of the NPRM.
    We agree with the commenter that some clarification is necessary.
We have changed paragraphs (m) and (n) of this AD (new requirements) to
include the statement that accomplishing the new inspections in each
paragraph ends the corresponding retained inspections in paragraphs (g)
through (j) of this AD.

Request To Clarify Revised Paragraph Identifiers

    Boeing asked that we clarify the ``Revised paragraph identifiers''
table in the preamble of the NPRM (76 FR 47522, August 5, 2011). Boeing
states that paragraph (g) of AD 95-12-17, Amendment 39-9268 (60 FR
36981, July 19, 1995), corresponds to the new paragraph (r) of the NPRM
(optional terminating action), not the new paragraph (l) of the NPRM,
which is related to auxiliary chord inspections. Boeing also asked that
we clarify that the terminating action specified in paragraphs (h) and
(j) of the NPRM refers to the terminating action in paragraph (r) of
this AD instead of paragraph (l) of this AD.
    We agree that there is an error in the ``Revised paragraph
identifiers'' table in the preamble of the NPRM. Paragraph (g) of AD
95-12-17, Amendment 39-9268 (60 FR 36981, July 19, 1995), pertains to
the terminating action in paragraph (r) of this AD; however, since that
section of the preamble does not reappear in the final rule, no change
to the AD is necessary. We also agree that the terminating action
reference in paragraphs (h) and (j) of this AD should refer to
paragraph (r) of this AD. We have changed paragraphs (h) and (j) of the
final rule accordingly.

Request To Correct Certain Paragraph References

    Boeing asked that we correct the references to paragraphs (l)(1)(i)
and (l)(1)(ii) of the NPRM (76 FR 47522, August 5, 2011) specified in
paragraph (k)(1) of the NPRM to instead refer to paragraphs (k)(1)(i)
and (k)(1)(ii) of the

NPRM. Boeing stated that paragraph (l) of the NPRM is related to
auxiliary chord inspections, while paragraphs (k)(1)(i) and (k)(1)(ii)
of the NPRM relate to the subject crack finding in paragraph (k)(1) of
the NPRM.
    We agree there is a typographical error in paragraph (k)(1) of the
NPRM (76 FR47522, August 5, 2011). Paragraph (l) of the NPRM does not
include any subparagraphs and should not have been referenced in
paragraph (k)(1) of the NPRM. We have corrected paragraph (k)(1) of the
final rule accordingly to refer to paragraph (k)(1)(i) or (k)(1)(ii) of
this AD.
    In addition, we have clarified paragraph (r) of this AD by
referring to inspection paragraphs (g) through (o) of this AD and
removing references to paragraphs (p) and (q) of this AD.

Clarification of Service Information Reference

    We have removed the service information referenced in paragraph
(k)(2) of the NPRM (76 FR47522, August 5, 2011) because it is redundant
to the service information specified in paragraph (k) of the NPRM.
Paragraph (k) of the final rule specifies to accomplish (k)(1) or
(k)(2) of the final rule in accordance with the service information
specified in paragraph (k) of the final rule.

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--and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (76 FR 47522, August 5, 2011) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (76 FR 47522, August 5, 2011).
    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 574 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
              Action                      Labor cost          Parts cost   Cost per  product       U.S.                Cost on U.S. operators
                                                                                airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Various inspections (retained      4 work-hours x $85 per             $0  $340 per inspection          296  $100,640 per inspection cycle.
 actions from AD 95-12-17,          hour = $340 per                        cycle.
 Amendment 39-9268 (60 FR 36981,    inspection cycle.
 July 19, 1995)).
Ultrasonic inspection (new         13 work-hours x $85 per             0  $1,105 per                   574  $634,270 per inspection cycle.
 action).                           hour = $1,105 per                      inspection cycle.
                                    inspection cycle.
Detailed and HFEC inspections      13 work-hours x $85 per             0  $1,105 per                   574  $634,270 per inspection cycle.
 (new actions).                     hour = $1,105 per                      inspection cycle.
                                    inspection cycle.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary 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
repairs:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                    Labor cost                 Parts cost    product
----------------------------------------------------------------------------------------------------------------
Optional modification (retained action from AD  50 work-hours x $85 per hour = $4,250.       $3,680       $7,930
 95-12-17, Amendment 39-9268 (60 FR 36981,
 July 19, 1995)).
Repair of cracking of the outboard chord frame  514 work hours x $85 per hour =              13,586       57,276
                                                 $42,690.
Time-limited repair cracking of the outboard    63 work hours x $85 per hour = $5,355.        2,732        8,087
 chord frame.
Repair of cracking of the outboard chord......  49 work hours x $85 per hour = $4,165.        4,255        8,420
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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)
95-12-17, Amendment 39-9268 (60 FR 36981, July 19, 1995), and adding
the following new AD:

2012-23-04 The Boeing Company: Amendment 39-17260; Docket No. FAA-
2011-0722; Directorate Identifier 2010-NM-262-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective December 26,
2012.

(b) Affected ADs

    This AD supersedes AD 95-12-17, Amendment 39-9268 (60 FR 36981,
July 19, 1995).

(c) Applicability

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

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by several reports of fatigue cracking in
the frame outboard chord at body station (BS) 727, and cracks in the
radius of the auxiliary chord on airplanes that were not affected by
the existing AD (60 FR 36981, July 19, 1995). We are issuing this AD
to detect and correct fatigue cracking of the outboard and auxiliary
chords, which could result in reduced structural integrity of the
outboard chord and consequent rapid decompression of the airplane.

(f) Compliance

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

(g) Retained Initial Inspection: BS 727 Frame Chord Has Been Replaced

    This paragraph restates the requirements of paragraph (a) of AD
95-12-17, Amendment 39-9268 (60 FR 36981, July 19, 1995), with
revised service information. For Model 737-100 and -200 series
airplanes having line numbers 1 through 999 inclusive, on which the
BS 727 frame upper outboard chord has been replaced as specified in
Boeing Service Bulletin 737-53-1088: Prior to the accumulation of
30,000 flight cycles since replacement of the upper outboard chord,
or within 4,500 flight cycles after August 18, 1995 (the effective
date of AD 95-12-17) whichever occurs later, perform close visual,
pulse echo shear wave (PESW), and high frequency eddy current (HFEC)
inspections to detect cracks in the outboard chord of the frame at
BS 727, in accordance with Part I of the Accomplishment Instructions
of Boeing Alert Service Bulletin 737-53A1166, dated June 30, 1994;
Boeing Service Bulletin 737-53A1166, Revision 1, dated May 25, 1995;
or Boeing Alert Service Bulletin 737-53A1166, Revision 2, dated May
25, 2006; as applicable. As of the effective date of this AD, use
only Boeing Alert Service Bulletin 737-53A1166, Revision 2, dated
May 25, 2006, to accomplish the actions required by this paragraph.

(h) Retained Repetitive Inspections: BS 727 Frame Chord Has Been
Replaced

    This paragraph restates the requirements of paragraph (b) of AD
95-12-17, Amendment 39-9268 (60 FR 36981, July 19, 1995), with
revised service information. For Model 737-100 and -200 series
airplanes having line numbers 1 through 999 inclusive, on which the
BS 727 frame upper outboard chord has been replaced as specified in
Boeing Service Bulletin 737-53-1088: Repeat the inspections required
by paragraph (g) of this AD at the time specified in paragraphs
(h)(1), (h)(2), (h)(3), and (h)(4) of this AD, as applicable, until
the optional terminating action described in paragraph (r) of this
AD is accomplished.
    (1) If, at the time of the most recent inspection required by
paragraph (g) or (h) of this AD, the airplane has accumulated 27,000
or more flight cycles, but fewer than 50,000 flight cycles since the
replacement of the outboard chord: Perform the next inspection
within 15,000 flight cycles. Repeat the inspection thereafter at
intervals not to exceed 15,000 flight cycles until the airplane has
accumulated 50,000 or more flight cycles since the replacement of
the outboard chord. Do the inspections required by paragraph (h)(2)
of this AD at the time specified.
    (2) If, at the time of the most recent inspection required by
paragraph (g) or (h) of this AD, the airplane has accumulated 50,000
or more flight cycles, but fewer than 60,000 flight cycles, since
the replacement of the outboard chord: Perform the next inspection
within 7,500 flight cycles. Repeat the inspection thereafter at
intervals not to exceed 7,500 flight cycles until the airplane has
accumulated 60,000 or more flight cycles since the replacement of
the outboard chord. Do the inspections required by paragraph (h)(3)
of this AD at the time specified.
    (3) If, at the time of the most recent inspection required by
paragraph (g) or (h) of this AD, the airplane has accumulated 60,000
or more flight cycles, but fewer than 70,000 flight cycles, since
the replacement of the outboard chord: Perform the next inspection
within 5,000 flight cycles. Repeat the inspection thereafter at
intervals not to exceed 5,000 flight cycles until the airplane has
accumulated 70,000 or more flight cycles since the replacement of
the outboard chord. Do the inspections required by paragraph (h)(4)
of this AD at the time specified.
    (4) If, at the time of the most recent inspection required by
paragraph (g) or (h) of this AD, the airplane has accumulated 70,000
or more flight cycles since replacement of the outboard chord:
Perform the next inspection within 3,000 flight cycles. Repeat the
inspection thereafter at intervals not to exceed 3,000 flight
cycles.

(i) Retained Initial Inspection: BS 727 Frame Chord Has Not Been
Replaced or Only Lower Outboard Chord Has Been Replaced

    This paragraph restates the requirements of paragraph (c) of AD
95-12-17, Amendment 39-9268 (60 FR 36981, July 19, 1995), with
revised service information. For Model 737-100 and -200 series
airplanes having line numbers 1 through 999 inclusive, on which the
BS 727 frame outboard chord has not been replaced, or on which only
the lower outboard chord has been replaced as specified in Boeing
Service Bulletin 737-53-1088: Perform close visual, PESW, and HFEC
inspections to detect cracks in the outboard chord of the frame at
BS 727, in accordance with Part I of the Accomplishment Instructions
of Boeing Alert Service Bulletin 737-53A1166, dated June 30, 1994;
Boeing Service Bulletin 737-53A1166, Revision 1, dated May 25, 1995;
or Boeing Alert Service Bulletin 737-53A1166, Revision 2, dated May
25, 2006; as applicable. As of the effective date of this AD, use
only Boeing Alert Service Bulletin 737-53A1166, Revision 2, dated
May 25, 2006, to accomplish the actions required by this paragraph.
Perform these inspections initially at the time specified in
paragraph (i)(1), (i)(2), (i)(3), or (i)(4) of this AD, as
applicable.
    (1) For airplanes that have accumulated 27,000 or more total
flight cycles, but fewer than 50,000 total flight cycles, as of
August 18, 1995 (the effective date of AD 95-12-17, Amendment 39-
9268 (60 FR 36981, July 19, 1995)): Inspect within 4,500 flight
cycles after August 18, 1995.
    (2) For airplanes that have accumulated 50,000 or more total
flight cycles, but fewer than 60,000 total flight cycles, as of
August 18, 1995 (the effective date of AD 95-12-17, Amendment 39-
9268 (60 FR 36981, July 19, 1995)): Inspect within 2,500 flight
cycles after August 18, 1995.
    (3) For airplanes that have accumulated 60,000 or more total
flight cycles, but fewer than 70,000 total flight cycles as of
August 18, 1995 (the effective date of AD 95-12-17, Amendment 39-
9268 (60 FR 36981, July 19, 1995)): Inspect within 1,500 flight
cycles after August 18, 1995.
    (4) For airplanes that have accumulated 70,000 or more total
flight cycles as of August 18, 1995 (the effective date of AD 95-12-
17, Amendment 39-9268 (60 FR 36981, July 19, 1995)): Inspect within
500 flight cycles or 90

days after August 18, 1995, whichever occurs first.

(j) Retained Repetitive Inspections: BS 727 Frame Chord Has Been
Replaced or Only Lower Outboard Chord Has Been Replaced

    This paragraph restates the requirements of paragraph (d) of AD
95-12-17, Amendment 39-9268 (60 FR 36981, July 19, 1995), with
revised service information. For Model 737-100 and -200 series
airplanes having line numbers 1 through 999 inclusive, on which the
BS 727 frame outboard chord has not been replaced, or on which only
the lower outboard chord has been replaced as specified in Boeing
Service Bulletin 737-53-1088: Repeat the inspections required by
paragraph (i) of this AD at the time specified in paragraphs (j)(1),
(j)(2), (j)(3), and (j)(4) of this AD, as applicable, until the
optional terminating action described in paragraph (r) of this AD is
accomplished.
    (1) If, at the time of the most recent inspection required by
paragraph (i) or (j) of this AD, the airplane has accumulated 27,000
or more total flight cycles, but fewer than 50,000 total flight
cycles: Perform the next inspection within 15,000 flight cycles.
Repeat the inspection thereafter at intervals not to exceed 15,000
flight cycles until the airplane has accumulated 50,000 or more
total flight cycles. Do the inspections required by paragraph (j)(2)
of this AD at the time specified.
    (2) If, at the time of the most recent inspection required by
paragraph (i) or (j) of this AD, the airplane has accumulated 50,000
or more total flight cycles, but fewer than 60,000 total flight
cycles: Perform the next inspection within 7,500 flight cycles.
Repeat the inspection thereafter at intervals not to exceed 7,500
flight cycles until the airplane has accumulated 60,000 or more
total flight cycles. Do the inspections required by paragraph (j)(3)
of this AD at the time specified.
    (3) If, at the time of the most recent inspection required by
paragraph (i) or (j) of this AD, the airplane has accumulated 60,000
or more total flight cycles, but fewer than 70,000 total flight
cycles: Perform the next inspection within 5,000 flight cycles.
Repeat the inspection thereafter at intervals not to exceed 5,000
flight cycles until the airplane has accumulated 70,000 or more
total flight cycles. Do the inspections required by paragraph (j)(4)
of this AD at the time specified.
    (4) If, at the time of the most recent inspection required by
paragraph (i) or (j) of this AD, the airplane has accumulated 70,000
or more total flight cycles: Perform the next inspection within
3,000 flight cycles. Repeat the inspection thereafter at intervals
not to exceed 3,000 flight cycles.

(k) Retained Repair, Replacement, and Additional Inspections

    This paragraph restates the requirements of paragraph (f) of AD
95-12-17, Amendment 39-9268 (60 FR 36981, July 19, 1995), with
revised service information. If any crack is found in the outboard
chord of the frame at BS 727 during any inspection required by
paragraphs (g) through (j) of this AD, accomplish paragraph (k)(1)
or (k)(2) of this AD, as applicable, in accordance with Boeing Alert
Service Bulletin 737-53A1166, dated June 30, 1994; Boeing Service
Bulletin 737-53A1166, Revision 1, dated May 25, 1995; or Boeing
Alert Service Bulletin 737-53A1166, Revision 2, dated May 25, 2006;
as applicable. As of the effective date of this AD, use only Boeing
Alert Service Bulletin 737-53A1166, Revision 2, dated May 25, 2006,
to accomplish the actions required by this paragraph.

    Note 1 to paragraph (k) of this AD:  Boeing Alert Service
Bulletin 737-53A1166, dated June 30, 1994; Boeing Service Bulletin
737-53A1166, Revision 1, dated May 25, 1995; and Boeing Alert
Service Bulletin 737-53A1166, Revision 2, dated May 25, 2006; refer
to either Boeing Service Bulletin 737-53-1088, dated December 14,
1989; or Boeing Service Bulletin 737-53-1088, Revision 1, dated May
25, 2006; as an additional source of guidance for procedures to
replace the chord.

    (1) For any crack that extends from the forward edge of the
chord or from the forward fastener hole, but that does not extend
past the second fastener hole, accomplish the actions specified in
either paragraph (k)(1)(i) or (k)(1)(ii) of this AD. Thereafter,
perform initial and repetitive inspections in accordance with
paragraphs (g) and (h) of this AD.
    (i) Prior to further flight, install the time limited repair.
Within 4,500 flight cycles or within 18 months after accomplishing
the time-limited repair, whichever occurs first, replace the
outboard chord. Or
    (ii) Prior to further flight, replace the outboard chord.
    (2) For any crack that extends from the forward edge of the
chord, or from the forward fastener hole, and that extends past the
second fastener hole, prior to further flight, replace the outboard
chord. Thereafter, perform initial and repetitive inspections in
accordance with paragraphs (g) and (h) of this AD.

(l) New Initial and Repetitive Inspections: BS 727 Auxiliary Chord

    For airplanes identified in table 5 of paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 737-53A1166,
Revision 2, dated May 25, 2006: Before the accumulation of 27,000
total flight cycles, or within 5,000 flight cycles after the
effective date of this AD, whichever occurs later, do internal
detailed and HFEC inspections to detect cracks in the auxiliary
chord radius of the frame at BS 727, in accordance with Part 1 of
the Accomplishment Instructions of Boeing Alert Service Bulletin
737-53A1166, Revision 2, dated May 25, 2006. Repeat the inspections
thereafter at intervals not to exceed 15,000 flight cycles until the
optional terminating action described in paragraph (r) of this AD is
accomplished. If any crack is found, before further flight, repair
in accordance with the requirements of paragraph (s) of this AD.

(m) New Initial and Repetitive Inspections: BS 727 Frame Chord Has Not
Been Replaced and Has Not Been Modified

    For airplanes identified in table 2 of paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 737-53A1166,
Revision 2, dated May 25, 2006: Do the applicable inspections
required by paragraph (m)(1) or (m)(2) of this AD at the time
specified, in accordance with Part 1 of the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-53A1166, Revision
2, dated May 25, 2006. Except as required by paragraph (p) of this
AD, if any crack is found during any inspection required by
paragraph (m)(1) or (m)(2) of this AD, before further flight, repair
in accordance with Part 3 or Part 4 of the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-53A1166, Revision
2, dated May 25, 2006, as applicable. Repeat the inspections until
the optional terminating action described in paragraph (r) of this
AD is accomplished. Accomplishing the inspections in this paragraph
ends the inspections required by paragraphs (i) and (j) of this AD.
    (1) For airplanes on which the inspections specified in Boeing
Alert Service Bulletin 737-53A1166, dated June 30, 1994; or Boeing
Service Bulletin 737-53A1166, Revision 1, dated May 25, 1995; have
not been performed as of the effective date of this AD: Do the
inspections required by paragraphs (m)(1)(i) and (m)(1)(ii) of this
AD at the time specified.
    (i) Before the accumulation of 27,000 total flight cycles, or
within 5,000 flight cycles after the effective date of this AD,
whichever occurs later: Do ultrasonic and surface HFEC inspections
to detect cracks in the forward flange of the outboard chord of the
frame at BS 727. Repeat the inspections thereafter at intervals not
to exceed 5,000 flight cycles.
    (ii) Before the accumulation of 27,000 total flight cycles, or
within 10,000 flight cycles after the effective date of this AD,
whichever occurs later: Do an open hole eddy current inspection to
detect cracks in the forward flange of the outboard chord of the
frame at BS 727. Repeat the inspection thereafter at intervals not
to exceed 15,000 flight cycles.
    (2) For airplanes on which the inspections specified in Boeing
Alert Service Bulletin 737-53A1166, dated June 30, 1994; or Boeing
Service Bulletin 737-53A1166, Revision 1, dated May 25, 1995; have
been performed as of the effective date of this AD: Repeat the
applicable inspection specified in paragraphs (m)(1)(i) and
(m)(1)(ii) of this AD thereafter at intervals not to exceed 5,000
flight cycles for the ultrasonic and surface HFEC inspections, and
at intervals not to exceed 15,000 flight cycles for the open hole
eddy current inspection.

(n) New Initial and Repetitive Inspections: BS 727 Frame Chord Has Been
Replaced and Has Not Been Modified

    For airplanes identified in table 3 of paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 737-53A1166,
Revision 2, dated May 25, 2006: Do the applicable inspections
required by paragraph (n)(1) or (n)(2) of this AD at the time
specified, in accordance with Part 1 of the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-53A1166, Revision
2, dated May 25, 2006. Except as required by paragraph (p) of this
AD, if any crack is found during any inspection required by
paragraph (n)(1) or (n)(2) of this AD, before

further flight, repair in accordance with Part 3 or Part 4, as
applicable, of the Accomplishment Instructions of Boeing Alert
Service Bulletin 737-53A1166, Revision 2, dated May 25, 2006. Repeat
the inspections until the optional terminating action described in
paragraph (r) of this AD is accomplished. Accomplishing the
inspections in this paragraph ends the inspections required by
paragraphs (g) and (h) of this AD. The detailed and eddy current
inspections of the outboard chord of S-18A specified in Boeing Alert
Service Bulletin 737-53A1166, Revision 2, dated May 25, 2006, are
not required by this AD.
    (1) For airplanes on which the inspections specified in Boeing
Alert Service Bulletin 737-53A1166, dated June 30, 1994; or Boeing
Service Bulletin 737-53A1166, Revision 1, dated May 25, 1995; have
not been done as of the effective date of this AD: Do the
inspections required by paragraphs (n)(1)(i) and (n)(1)(ii) of this
AD at the time specified.
    (i) Within 27,000 flight cycles since replacement of the upper
outboard chord, or within 5,000 flight cycles after the effective
date of this AD, whichever occurs later: Do ultrasonic, low
frequency eddy current, and edge HFEC inspections to detect cracks
in the forward flange of the outboard chord of the frame at BS 727.
Repeat the inspections thereafter at intervals not to exceed 5,000
flight cycles.
    (ii) Within 27,000 flight cycles since replacement of the upper
outboard chord, or within 10,000 flight cycles after the effective
date of this AD, whichever occurs later: Do an open hole eddy
current inspection to detect cracks in the forward flange of the
outboard chord of the frame at BS 727. Repeat the inspections
thereafter at intervals not to exceed 15,000 flight cycles.
    (2) For airplanes on which the inspections specified in Boeing
Alert Service Bulletin 737-53A1166, dated June 30, 1994; or Boeing
Service Bulletin 737-53A1166, Revision 1, dated May 25, 1995; have
been done as of the effective date of this AD: Repeat the applicable
inspection specified in paragraphs (n)(1)(i) and (n)(1)(ii) of this
AD thereafter at intervals not to exceed 5,000 flight cycles for the
ultrasonic, low frequency eddy current, and edge HFEC inspections,
and at intervals not to exceed 15,000 flight cycles for the open
hole eddy current inspection.

(o) New One-Time Inspection: BS 727 Frame Chord Has Been Modified

    For airplanes identified in table 4 of paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 737-53A1166,
Revision 2, dated May 25, 2006: Within 60,000 flight cycles after
accomplishing the modification of the outboard chord of the frame at
BS 727 at S-18A, but no earlier than 50,000 flight cycles after
accomplishing the modification; do a one-time follow-on open hole
eddy current inspection to detect cracks in the modified chord, in
accordance with Part 8 of the Accomplishment Instructions of Boeing
Alert Service Bulletin 737-53A1166, Revision 2, dated May 25, 2006.
Except as required by paragraph (p) of this AD, if any crack is
found during the inspection required by this paragraph, before
further flight, repair in accordance with Part 3 or Part 4, as
applicable, of the Accomplishment Instructions of Boeing Alert
Service Bulletin 737-53A1166, Revision 2, dated May 25, 2006.

(p) New Repairs

    If any crack is found during any inspection required by
paragraphs (m), (n), or (o) of this AD, and the repairs specified in
Part 3 and Part 4 of the Accomplishment Instructions of Boeing Alert
Service Bulletin 737-53A1166, Revision 2, dated May 25, 2006, cannot
be installed using the procedures identified in this service
bulletin: Before further flight, repair using a method approved in
accordance with the procedures specified in paragraph (s) of this
AD.

(q) New Replacement of Time-Limited Repair

    For any airplane on which a time-limited repair is installed on
the outboard chord of the frame at body station BS 727 as specified
in Boeing Alert Service Bulletin 737-53A1166, dated June 30, 1994;
Boeing Service Bulletin 737-53A1166, Revision 1, dated May 25, 1995;
or Boeing Alert Service Bulletin 737-53A1166, Revision 2, dated May
25, 2006: Within 4,500 flight cycles after installation of the
repair, or within 6 months after the effective date of this AD,
whichever occurs later, replace the repair in accordance with Part 9
of the Accomplishment Instructions of Boeing Alert Service Bulletin
737-53A1166, Revision 2, dated May 25, 2006.

(r) New Optional Terminating Action

    Accomplishment of the applicable action specified in paragraph
(r)(1) or (r)(2) of this AD, in accordance with Part 2 of the
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
53A1166, dated June 30, 1994; Part II of the Accomplishment
Instructions of Boeing Service Bulletin 737-53A1166, Revision 1,
dated May 25, 1995; or Part 6 of the Accomplishment Instructions of
Boeing Alert Service Bulletin 737-53A1166, Revision 2, dated May 25,
2006; constitutes terminating action for the inspections required by
paragraphs (g) through (o) this AD.
    (1) Installation of the preventative modification.
    (2) Replacement of the cracked chord and installation of the
preventative modification.

(s) 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 the Related Information
section of this AD. Information may be emailed to<EMAIL_ADDRESS>    (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 in accordance with AD 95-12-17,
Amendment 39-9268 (60 FR 36981, July 19, 1995), are approved as
AMOCs for the corresponding provisions of this AD.
    (5) For airplanes identified in Tables 2, 3, and 5 of paragraph
1.E., ``Compliance'' of Boeing Alert Service Bulletin 737-53A1166,
Revision 2, dated May 25, 2006: The Manager, Seattle ACO, approves
the inspection methods, thresholds, and repetitive intervals defined
in Appendix A, Table 1, of Boeing Alert Service Bulletin 737-
53A1166, Revision 2, dated May 25, 2006, as an AMOC for the
inspections of the structurally significant items (SSIs) identified
in paragraphs (s)(5)(i) and (s)(5)(ii) of this AD. This approval
applies only to SSIs F-29A and F-29B of the applicable supplemental
structural inspection document (SSID) and only for the portions of
the BS 727 outer chord that have been inspected or that have been
repaired or modified in accordance with Boeing Alert Service
Bulletin 737-53A1166, Revision 2, dated May 25, 2006. All provisions
of ADs 2008-08-23, Amendment 39-15477 (73 FR 21237, April 21, 2008);
and 2008-09-13, Amendment 39-15494 (73 FR 24164, May 2, 2008); that
are not specifically referenced in this paragraph remain fully
applicable and must be done. If operators choose this AMOC, they
must revise their FAA-approved maintenance or inspection program to
incorporate the alternative inspections in this paragraph.
    (i) Inspections of SSIs F-29A and F-29B required by paragraphs
(g) and (h) of AD 2008-08-23, Amendment 39-15477 (73 FR 21237, April
21, 2008), which applies to Model 737-200C series airplanes (Boeing
737-100/200/200C SSID D6-37089, Revision E, dated May 1, 2007).
    (ii) Inspections of SSIs F-29A and F-29B required by paragraphs
(g) and (h) of AD 2008-09-13, Amendment 39-15494 (73 FR 24164, May
2, 2008), which applies to Model 737-300, -400, and -500 series
airplanes (Boeing 737-300/400/500 SSID D6-82669, dated May 1, 2007).

(t) Related Information

    For more information about this AD, contact Alan Pohl, Aerospace
Engineer, Airframe Branch, ANM-120S, FAA, Seattle ACO, 1601 Lind
Avenue SW., Renton, Washington 98057-3356; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(u) 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
December 26, 2012.
    (i) Boeing Alert Service Bulletin 737-53A1166, Revision 2, dated
May 25, 2006.
    (ii) Reserved.
    (4) The following service information was approved for IBR on
August 18, 1995 (60 FR 36981, July 19, 1995).
    (i) Boeing Alert Service Bulletin 737-53A1166, dated June 30,
1994, including Addendum, approved for IBR August 18, 1995 (60 FR
36981, July 19, 1995).
    (ii) Boeing Service Bulletin 737-53A1166, Revision 1, dated May
25, 1995, including Addendum, approved for IBR August 18, 1995 (60
FR 36981, July 19, 1995).
    (5) For Boeing 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<PHONE_NUMBER>, extension 1; fax<PHONE_NUMBER>; Internet
https://www.myboeingfleet.com.
    (6) You may view this service information at 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.
    (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<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on October 16, 2012.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-27636 Filed 11-20-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 227 (Monday, November 28, 2022)]
[Notices]
[Pages 73064-73066]
[FR Doc No: 2022-25882]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2022-0004]

Equivalent Protective Arrangements for Railroad Employees

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice of final guidance.

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

SUMMARY: This is a notice of final guidance issued by the Federal
Railroad Administration (FRA) in connection with statutorily required
protective arrangements for employees impacted by certain projects
financed by the Federal government.

DATES: The final guidance is effective December 28, 2022.

FOR FURTHER INFORMATION CONTACT: Kevin MacWhorter, Attorney Advisor,
Office of the Chief Counsel, telephone:<PHONE_NUMBER>, email:
[email protected].

SUPPLEMENTARY INFORMATION:

I. Summary

    The final guidance (FRA Guidance) is available at https://www.regulations.gov under docket number FRA-2022-0004 and on the FRA
website at https://railroads.dot.gov/elibrary/equivalent-labor-protections.
    The FRA Guidance is intended to facilitate compliance with
statutorily required protective arrangements under 49 U.S.C.
22905(c)(2)(B) for employees impacted by certain projects financed by
the Federal government. The FRA Guidance describes both procedural and
substantive protections. The substantive protections include dismissal
and displacement allowances and moving assistance, among other things.
The procedural protections include opportunities for employees (or
their representatives) to engage in negotiations with respect to
application of the protections.
    FRA intends to include the FRA Guidance as an appendix to all new
grant and cooperative agreements subject to section 22905(c)(2)(B), and
grantees will be required to ensure the inclusion of the FRA Guidance,
as applicable, in all contracts for the FRA-funded project. Costs
incurred to comply with the FRA Guidance and in a manner consistent
with 2 CFR part 200 are eligible for reimbursement under the applicable
grant.

II. Background

    In 1976, pursuant to the Railroad Revitalization and Regulatory
Reform Act of 1976 (4R Act), representatives of the railroads and their
employees agreed on ``[f]air and equitable arrangements'' to protect
employees impacted by certain projects financed by the Federal
government. The Secretary of Labor adopted these protections in a
letter to the Secretary of Transportation dated July 6, 1976. FRA has
placed a copy of this letter and the accompanying protections in the
docket for this FRA Guidance. In general, these protections provide
that a railroad employee who is adversely affected by a project
receiving certain financing from the Federal government may be entitled
to a displacement allowance or a dismissal allowance, among other
benefits.
    Many of FRA's current discretionary grant programs, including the
Consolidated Rail Infrastructure and Safety Improvements Program and
the Federal-State Partnership for Intercity Passenger Rail Program, are
subject to the grant conditions described in 49 U.S.C. 22905(c). As
relevant here, section 22905(c)(2)(B), requires grant applicants, for
any grant for a project that uses rights-of-way owned by a railroad, to
agree to comply with ``the protective arrangements that are equivalent
to the protective arrangements established under'' the 4R Act. While
this requirement is a condition of many FRA grants, it is not often
applicable (as FRA's grants do not typically cause an adverse impact to
railroad employees). With that said, FRA developed the FRA Guidance to
assist grantees and to facilitate compliance with these important
protections.
    As a condition of receiving funding for a project subject to
section 22905(c), FRA grantees must comply with protective arrangements
equivalent to those provided under the 4R Act. FRA includes this
requirement in the binding and enforceable grant agreement between FRA
and the grant recipient. As described above, FRA grant agreements will
be supplemented by the FRA Guidance, which clarifies the application of
the protections to FRA grant programs. Because section 22905(c)(2)(B)
specifically requires protective arrangements ``equivalent'' to those
established under the 4R Act, FRA did not change the protections
adopted by the Secretary of Labor in 1976. The FRA Guidance provides
the same protections to railroad employees as provided under the 4R
Act.
    While providing the same substantive and procedural protections as
the 4R Act, the FRA Guidance also recognizes important differences
between the financial assistance provided under the 4R Act and FRA's
existing grant programs. Whereas the 4R Act provided financial
assistance directly to railroads, many of FRA's grant programs provide
funding to non-railroad grantees (who are often public entities). FRA
believes this difference is best addressed by expressly requiring
grantees to flow down the required protections to the applicable
railroad. This approach both ensures that the railroad employees are
accorded the appropriate protections and aligns with the 4R Act
framework that sets forth protections as between a railroad and its
employees. In addition, railroads and their employees are best
positioned to ensure compliance with these protections as they
specifically understand what, if any, adverse impacts may arise as a
result of a Federally financed project, and are of course, well versed
in negotiating labor protections. Public entities, on the other hand,
are not well positioned to understand the impacts to rail employees
resulting from a Federally financed project. With that said, grantees
are able to enforce the employee protections through their contract
with the relevant railroad (the FRA Guidance also recognizes that
railroad employees, or their representatives, may notify a grantee of a
dispute or controversy relating to the protections). As such, the FRA
Guidance's flow down requirement allocates responsibility for the
protections in a manner that maximizes compliance.

III. Comments

    On March 4, 2022, FRA published a notice of proposed guidance in
connection with the equivalent protective arrangements for railroad
employees and sought public comment. 87 FR 12527. In preparing the FRA
Guidance, FRA considered all public comments submitted to the Federal
Register. The following commenters submitted comments in connection
with the proposed guidance: the Transportation Trades Department AFL-
CIO; the Brotherhood of Maintenance of Way Employees/IBT; the
Brotherhood of Railroad Signalmen; the International Association of
Sheet Metal, Air, Rail and Transportation Workers Mechanical Division;
and the National Conference of Firemen And Oilers, 32BJ/SEIU. Comments
are summarized and briefly addressed below.
    The commenters stated that it was not sufficient for the FRA
Guidance to require a grant recipient to flow down the requirements
while making the railroad responsible for the actions necessary to
implement the protections. Instead, the commenters stated that the FRA
Guidance should provide that any grant recipient, whether a railroad or
a non-railroad, of Federal financial assistance subject to 49 U.S.C.
22905(c) must take the actions necessary to provide and enforce the
employee protective arrangements. Similarly, commenters also stated
that the FRA Guidance did not sufficiently address the scenario in
which a grant recipient contracts with a third party (and not the
railroad itself) to perform railroad work activities. These comments
requested that FRA revise the proposed guidance to require all grant
recipients to provide the protections directly to the adversely
impacted railroad employees. FRA disagrees. As described above, section
2 of the FRA Guidance requires all non-railroad grant recipients to
flow down the protective arrangement requirements to subsequent
contracting parties, including railroads. As discussed above, FRA
believes the flow-down requirement ensures that railroads and their
employees comply with the required employee protections, when
applicable, which is consistent with

(and equivalent to) the 4R Act protections.
    However, in consideration of these comments, FRA has made four
modifications to the FRA Guidance. First, section 2 of the FRA Guidance
now includes a sentence clearly stating that a grant recipient is
responsible for ensuring compliance with the employee protections.
Second, a new section 2(b) of the FRA Guidance requires a grant
recipient to incorporate into an agreement, new or existing, with a
railroad owning rights-of-way the requirement that the railroad notify
its employees (and their representatives) of the project funded with
financial assistance subject to 49 U.S.C. 22905(c) and the
applicability of the employee protections. Third, a new section 2(c) of
the FRA Guidance permits any railroad employee (or their
representatives) to notify the grant recipient of a dispute or
controversy related to these employee protections. Fourth, FRA has
modified subsection 8(a) and section 9 to provide a clear mechanism for
a railroad employee (or its representative) to dispute whether it would
be affected by a project, including the ability to refer the dispute to
arbitration. FRA believes this clarification will help address comments
regarding the applicability of the protections in instances where a
grant recipient contracts directly with a third party (and not the
applicable railroad). Together, these four changes clarify the grant
recipient's obligations to: ensure compliance with the employee
protections; ensure railroad employees and their representatives are on
notice of projects subject to the protections; ensure railroad
employees and their representatives can notify the grant recipient of
any dispute relating to the protections; and provide a mechanism to
resolve disputes as to whether a railroad employee is affected by a
project.
    A commenter suggested that the FRA Guidance should also apply to
post-construction maintenance activities relating to Federally financed
construction projects subject to the grant conditions described in
section 22905(c). FRA disagrees. Pursuant to section 22905(c)(2)(B),
the protections apply to those actions ``taken in connection'' with the
project. FRA understands this language to limit the protections to the
activities necessary to complete the project funded with FRA financial
assistance. The protections do not extend to activities, like
maintenance, that follow the completion of the project and which are
not funded by FRA's financial assistance.
    FRA made several additional revisions to the proposed guidance. One
commenter requested that the ``Average Monthly Time'' used to calculate
displacement allowances be based on hours worked rather than days
worked. FRA agrees with this change and modified subsection 1(b)
accordingly. A commenter also requested that FRA revise the definition
of the term ``Dismissed Employee'' to include employees who are
``unable to secure another position by exercise of their seniority
rights,'' rather than the proposed language that excluded employees who
``can secure another position by exercise of their seniority rights.''
FRA agrees with this change and modified subsection 1(c) accordingly. A
commenter also requested that FRA revise subsection 4(b)(ii) of the FRA
Guidance, titled ``Subject of Negotiations,'' to clarify that changes
to infrastructure, including rights-of-way, track, and signal and
crossing systems, that may result in dismissal or displacement of
protected employees or rearrangement of forces involving such employees
shall be subject to review and negotiation by the parties to the extent
necessary to ensure compliance with the FRA Guidance. FRA agrees with
this proposed change and modified subsection 4(b)(ii) accordingly.

    Issued in Washington, DC
Allison Ishihara Fultz,
Chief Counsel.
[FR Doc. 2022-25882 Filed 11-25-22; 8:45 am]
BILLING CODE 4910-06-P