[Federal Register Volume 80, Number 148 (Monday, August 3, 2015)]
[Rules and Regulations]
[Pages 45886-45887]
[FR Doc No: 2015-18998]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-1036]

Safety Zones; Recurring Marine Events in Captain of the Port Long
Island Sound Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce 3 safety zones for fireworks
displays in the Sector Long Island Sound area of responsibility on the
dates and times listed in the table below. This action is necessary to
provide for the safety of life on navigable waterways during the
events. During the enforcement periods, no person or vessel may enter
the safety zones without permission of the Captain of the Port (COTP)
Sector Long Island Sound or designated representative.

DATES: The regulations in 33 CFR 165.151 will be enforced during the
dates and times as listed in the SUPPLEMENTARY INFORMATION section of
this document.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or email Petty Officer Ian Fallon, Waterways Management Division,
U.S. Coast Guard Sector Long Island Sound; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety
zones listed in 33 CFR 165.151 on the specified dates and times as
indicated in the following Table.

                        Table 1 to Sec.   165.151
------------------------------------------------------------------------

------------------------------------------------------------------------
6.2 Town of Branford Fireworks.........   Date: July 25, 2015.
                                          Rain Date: July 26,
                                          2015.
                                          Time: 9:00 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          Branford Harbor, Branford, CT
                                          in approximate position,
                                          41[deg]15'37'' N.,
                                          072[deg]49'15'' W. (NAD 83).
8.4 Town of Babylon Fireworks..........   Date: August 22, 2015.
                                          Rain Date: August 23,
                                          2015.
                                          Time: 8:30 p.m. to
                                          10:00 p.m.

                                          Location: Waters off
                                          of Cedar Beach Town Park,
                                          Babylon, NY in approximate
                                          position 40[deg]37'53'' N.,
                                          073[deg]20'12'' W. (NAD 83).
9.1 East Hampton Fire Department          Date: August 29, 2015.
 Fireworks.
                                          Rain Date: August 30,
                                          2015.
                                          Time: 8:45 p.m. to
                                          10:15 p.m.
                                          Location: Waters off
                                          Main Beach, East Hampton, NY
                                          in approximate position
                                          40[deg]56'40.28'' N.,
                                          072[deg]11'21.26'' W. (NAD
                                          83).
------------------------------------------------------------------------

    Under the provisions of 33 CFR 165.151, the fireworks displays
listed above are established as safety zones. During the enforcement
periods, persons and vessels are prohibited from entering into,
transiting through, mooring, or anchoring within the safety zones
unless they receive permission from the COTP or designated
representative.
    This notice is issued under authority of 33 CFR part 165 and 5
U.S.C. 552(a). In addition to this notice in the Federal Register, the
Coast Guard will provide the maritime community with advance
notification of this enforcement period via the Local Notice to
Mariners or marine information broadcasts. If the COTP determines that
the safety zones need not be enforced for the full duration stated in
this notice, a Broadcast Notice to Mariners may be used to grant
general permission to enter the regulated area.

    Dated: July 24, 2015.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island
Sound.
[FR Doc. 2015-18998 Filed 7-31-15; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 153 (Wednesday, August 8, 2012)]
[Notices]
[Pages 47474-47476]
[FR Doc No: 2012-19361]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67581; File No. SR-CBOE-2012-074]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Establish a Rule Regarding Records of Written
Complaints for the CBOE Stock Exchange

August 2, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on July 31, 2012, Chicago Board Options Exchange, Incorporated
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the

proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to establish a rule regarding records of
written complaints that is specific to the CBOE Stock Exchange
(``CBSX''). The text of the proposed rule change is available on the
Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to establish Rule 53.7--CBSX Record of
Written Complaints to formally establish a record keeping procedure for
complaints specific to CBSX. CBOE has the options-specific Rule 9.23--
Customer Complaints. However, to date there has been no equities-
specific customer complaint rule for CBSX. Historically, the majority
of CBSX trading activity was proprietary. In recent months, CBSX has
seen an increase in customer trading. As such, CBSX desires to adopt a
rule regarding records of customer complaints that is specific to CBSX
to assist the Exchange's Regulatory Services Division in investigations
regarding CBSX-specific customer complaints. Therefore, CBSX proposes
to establish Rule 53.7--CBSX Record of Written Complaints. This
proposed rule is substantively identical to BATS Exchange, Inc.
(``BATS'') Rule 4.3--Record of Written Complaints,\3\ with one
exception (discussed below). The substance of proposed Rule 53.7 is
nearly identical to that of BATS Rule 4.3 (which is very similar to
record of written complaints rules on other exchanges) so that market
participants trading on multiple stock exchanges can follow as uniform
as possible a set of rules regarding records of written complaints.
---------------------------------------------------------------------------

    \3\ See BATS Rule 4.3.
---------------------------------------------------------------------------

    Paragraph (a) of Rule 53.7 will establish that each CBSX Trader
shall keep and preserve for a period of not less than five years a file
of all written complaints of customers and action taken by the CBSX
Trader in respect thereof, if any. Further, for the first two years of
the five-year period, the CBSX Trader shall keep such file in a place
readily accessible to examination or spot checks. This paragraph (a) of
CBOE Rule 53.7 is substantively identical to BATS Rule 4.3(a).
    Paragraph (b) of Rule 53.7 will establish that upon request by
CBSX, a CBSX Trader shall forward promptly to CBSX any written
complaints requested and a report of the action taken thereon. BATS
Rule 4.3 has no provision requiring BATS members to forward written
complaints to BATS upon request. However, CBSX desires to include such
a stipulation in order to ensure CBSX has access to such complaints for
regulatory purposes.
    Paragraph (c) of Rule 53.7 will establish that a ``complaint''
shall mean any written statement of a customer or any person acting on
behalf of a customer alleging a grievance involving the activities of a
CBSX Trader or persons under the control of the CBSX Trader in
connection with either the solicitation or execution of any transaction
conducted or contemplated to be conducted through the facilities of the
CBSX, or the disposition of securities or funds of that customer which
activities are related to such a transaction. This paragraph (c) of
CBOE Rule 53.7 is substantively identical to BATS Rule 4.3(b).
    The proposed Rule 53.7 encompasses electronically submitted
complaints (including email). CBSX will issue a Regulatory Circular
providing instructions on how to forward formal written complaints
specific to CBSX.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\4\ Specifically, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \5\ requirements that the rules of
an exchange be designed to promote just and equitable principles of
trade, to prevent fraudulent and manipulative acts, to remove
impediments to and to perfect the mechanism for a free and open market
and a national market system, and, in general, to protect investors and
the public interest.
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    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In particular, establishing a CBSX-specific rule regarding records
of written complaints will assist CBSX's regulatory processes by
ensuring that customer complaints are kept by CBSX Traders and are
available to be forwarded to CBSX for regulatory purposes. This helps
ensure that customer complaints are adequately addressed, thereby
removing impediments to, and perfecting the mechanism for a free and
open market and a national market system and, in general, protecting
investors and the public interest.

B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    The Exchange neither solicited nor received comments on the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change does not significantly
affect the protection of investors or the public interest, does not
impose any significant burden on competition, and, by its terms, does
not become operative for 30 days from the date on which it was filed,
or such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \6\ and Rule 19b-
4(f)(6) thereunder.\7\
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    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    The Exchange has requested that the Commission waive the 30-day
operative delay. The Exchange believes that the

proposed rule change is consistent with the protection of investors and
the public interest because it would permit the Exchange to immediately
implement the proposed rule change that would allow CBSX to begin
ensuring that customer complaints are adequately kept and addressed by
CBSX Traders.\8\ The Commission believes that waiver of the 30-day
operative delay is consistent with the protection of investors and the
public interest. Such waiver would allow the Exchange, without delay,
to require CBSX Traders to establish a process to maintain, and make
available to CBSX upon request, certain customer complaints. The
Commission notes that the proposed rule change is based on and similar
to BATS Rule 4.3.\9\ Therefore, the Commission hereby waives the 30-day
operative delay and designates the proposal operative upon filing.\10\
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    \8\ See SR-CBOE-2012-074, Item 7.
    \9\ See supra note 3.
    \10\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Exchange Act. Comments may be submitted
by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2012-074 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-CBOE-2012-074. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2012-074 and should be
submitted on or before August 29, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-19361 Filed 8-7-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 93 (Friday, May 13, 2016)]
[Proposed Rules]
[Pages 29813-29817]
[FR Doc No: 2016-11173]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6664; Directorate Identifier 2015-NM-177-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2012-16-
07, which applies to certain Boeing Model 737-500 series airplanes. AD
2012-16-07 currently requires inspections of the fuselage skin at the
chem-milled steps, and repair if necessary. Since we issued AD 2012-16-
07, an evaluation by the design approval holder (DAH) indicates that
the fuselage skin is subject to widespread fatigue damage (WFD), and we
have received reports of cracks at the chem-milled steps in the
fuselage skin. This proposed AD would add new fuselage skin inspections
for cracking, inspections to detect missing or loose fasteners and any
disbonding or cracking of bonded doublers, permanent repairs of time-
limited repairs, related investigative and corrective actions if
necessary, and skin panel replacement. We are proposing this AD to
detect and correct cracking on the aft lower lobe fuselage skins, which
could result in rapid decompression of the airplane.

DATES: We must receive comments on this proposed AD by June 27, 2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:

     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Boeing
Commercial Airplanes, Attention: Data & Services Management, P.O. Box
3707, MC 2H-65, Seattle, WA 98124-2207; telephone<PHONE_NUMBER>,
extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
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<PHONE_NUMBER>. It
is also available on the Internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2016-6664.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6664; 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 proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Wade Sullivan, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6430; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2016-6664;
Directorate Identifier 2015-NM-177-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    Fatigue damage can occur locally, in small areas or structural
design details, or globally, in widespread areas. Multiple-site damage
is widespread damage that occurs in a large structural element such as
a single rivet line of a lap splice joining two large skin panels.
Widespread damage can also occur in multiple elements such as adjacent
frames or stringers. Multiple-site damage and multiple-element damage
cracks are typically too small initially to be reliably detected with
normal inspection methods. Without intervention, these cracks will
grow, and eventually compromise the structural integrity of the
airplane. This condition is known as widespread fatigue damage. It is
associated with general degradation of large areas of structure with
similar structural details and stress levels. As an airplane ages, WFD
will likely occur, and will certainly occur if the airplane is operated
long enough without any intervention.
    The FAA's WFD final rule (75 FR 69746, November 15, 2010) became
effective on January 14, 2011. The WFD rule requires certain actions to
prevent structural failure due to WFD throughout the operational life
of certain existing transport category airplanes and all of these
airplanes that will be certificated in the future. For existing and
future airplanes subject to the WFD rule, the rule requires that DAHs
establish a limit of validity (LOV) of the engineering data that
support the structural maintenance program. Operators affected by the
WFD rule may not fly an airplane beyond its LOV, unless an extended LOV
is approved.
    The WFD rule (75 FR 69746, November 15, 2010) does not require
identifying and developing maintenance actions if the DAHs can show
that such actions are not necessary to prevent WFD before the airplane
reaches the LOV. Many LOVs, however, do depend on accomplishment of
future maintenance actions. As stated in the WFD rule, any maintenance
actions necessary to reach the LOV will be mandated by airworthiness
directives through separate rulemaking actions.
    In the context of WFD, this action is necessary to enable DAHs to
propose LOVs that allow operators the longest operational lives for
their airplanes, and still ensure that WFD will not occur. This
approach allows for an implementation strategy that provides
flexibility to DAHs in determining the timing of service information
development (with FAA approval), while providing operators with
certainty regarding the LOV applicable to their airplanes.
    On July 31, 2012, we issued AD 2012-16-07, Amendment 39-17154 (77
FR 48423, August 14, 2012) (``AD 2012-16-07''), for certain The Boeing
Company Model 737-500 series airplanes. AD 2012-16-07 requires
inspections of the fuselage skin at the chem-milled steps, and repair
if necessary. AD 2012-16-07 resulted from reports of chem-milled steps
cracking on the aft lower lobe fuselage skins. We issued AD 2012-16-07
to detect and correct cracking on the aft lower lobe fuselage skins,
which could result in rapid decompression of the airplane.

Actions Since AD 2012-16-07 Was Issued

    Since we issued AD 2012-16-07, an evaluation by the DAH indicates
that the lower lobe skin panels are subject to WFD, and we have
received reports of cracks at the chem-milled steps in the fuselage
skin.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Special Attention Service Bulletin 737-53-1315,
Revision 1, dated June 30, 2015. The service information describes
procedures for inspection and repair of the fuselage skin panels
between station 727 and station 1016, and between stringers S-14 and S-
25; and also describes procedures for skin panel replacement. This
service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type designs.

Proposed AD Requirements

    Although this proposed AD does not explicitly restate the
requirements of AD 2012-16-07, this proposed AD would retain all of the
requirements of AD 2012-16-07. Those requirements are referenced in the
service information identified previously, which, in turn, is
referenced in paragraphs (g) and (h) of this proposed AD.
    This proposed AD would also require accomplishing the actions
specified in the service information described previously, except as
discussed under ``Differences Between This Proposed AD and the Service
Information.''
    For information on the procedures and compliance times, see this
service information at http://www.regulations.gov by searching for and
locating Docket No. FAA-2016-6664.
    The phrase ``related investigative actions'' is used in this
proposed AD. ``Related investigative actions'' are follow-on actions
that (1) are related to the primary actions, and (2) further
investigate the nature of any condition found. Related investigative
actions in an AD could include, for example, inspections.
    The phrase ``corrective actions'' is used in this proposed AD.
``Corrective actions'' are actions that correct or address any
condition found. Corrective actions in an AD could include, for
example, repairs.

Differences Between This Proposed AD and the Service Information

    Boeing Special Attention Service Bulletin 737-53-1315, Revision 1,
dated June 30, 2015, specifies to contact the manufacturer for
instructions on how to repair certain conditions and also to obtain
certain work instructions, but this proposed AD would require repairing
those conditions and also to obtain those work instructions in one of
the following ways:
     In accordance with a method that we approve; or
     Using data that meet the certification basis of the
airplane, and that have been approved by the Boeing Commercial
Airplanes Organization Designation Authorization (ODA) whom we have
authorized to make those findings.

Explanation of Compliance Time

    The compliance time for the replacement specified in this proposed
AD for addressing WFD was established to ensure that discrepant
structure is replaced before WFD develops in airplanes. Standard
inspection techniques cannot be relied on to detect WFD before it
becomes a hazard to flight. We will not grant any extensions of the
compliance time to complete any AD-mandated service bulletin related to
WFD without extensive new data that would substantiate and clearly
warrant such an extension.

Costs of Compliance

    We estimate that this proposed AD affects 33 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspections [actions retained      23 work-hours x $85              $0  $1,955 per           $64,515 per
 from AD 2012[dash]16[dash]07].     per hour = $1,955                    inspection cycle.    inspection cycle.
                                    per inspection
                                    cycle.
Inspections [new proposed action]  Up to 1,515                      $0  Up to $128,775 per   Up to $4,249,575
                                    work[dash]hours x                    inspection cycle.    per inspection
                                    $85 per hour =                                            cycle.
                                    $128,775 per
                                    inspection cycle.
Skin panel replacement [new        688 work[dash]hours         $96,000  $154,480...........  $5,097,840.
 proposed action].                  x $85 per hour =
                                    $58,480.
----------------------------------------------------------------------------------------------------------------

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

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
             Action                    Labor cost           Parts cost               Cost per product
----------------------------------------------------------------------------------------------------------------
Time-limited repair............  24 work-hours x $85              [\1\]   $2,040.\1\
                                  per hour = $2,040.
Permanent repair...............  31 work-hours x $85              [\1\]   $2,635.\1\
                                  per hour = $2,635.
Permanent repair inspection....  4 work-hours x $85 per           [\1\]   $340 \1\ per inspection cycle.
                                  hour = $340 per
                                  inspection cycle.
----------------------------------------------------------------------------------------------------------------
[\1\] We have received no definitive data that would enable us to provide parts cost estimates for the on-
  condition actions specified in this proposed 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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 the proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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)
2012-16-07, Amendment 39-17154 (77 FR 48423, August 14, 2012), and
adding the following new AD:

The Boeing Company: Docket No. FAA-2016-6664; Directorate Identifier
2015-NM-177-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by June 27,
2016.

(b) Affected ADs

    This AD replaces AD 2012-16-07, Amendment 39-17154 (77 FR 48423,
August 14, 2012) (``AD 2012-16-07'').

(c) Applicability

    This AD applies to all The Boeing Company Model 737-500 series
airplanes, certificated in any category.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by an evaluation by the design approval
holder (DAH) that indicates that the fuselage skin is subject to
widespread fatigue damage (WFD), and reports of cracks at the chem-
milled steps in the fuselage skin. We are issuing this AD to detect
and correct cracking on the aft lower lobe fuselage skins, which
could result in rapid decompression of the airplane.

(f) Compliance

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

(g) Inspections, Related Investigative and Corrective Actions

    At the applicable times specified in table 1 of paragraph 1.E.,
``Compliance,'' of Boeing Special Attention Service Bulletin 737-53-
1315, Revision 1, dated June 30, 2015, except as required by
paragraphs (h)(1) and (h)(2) of this AD: Do the applicable
inspections to detect cracks in the fuselage skin panels; and do all
applicable related investigative and corrective actions; in
accordance with the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 737-53-1315, Revision 1, dated June 30,
2015, except as required by paragraphs (h)(3), (h)(4), and (h)(5) of
this AD. Do all applicable related investigative and corrective
actions before further flight. Repeat the applicable inspections
thereafter at the applicable intervals specified Boeing Special
Attention Service Bulletin 737-53-1315, Revision 1, dated June 30,
2015. Accomplishment of a repair in accordance with ``Part 3:
Repair'' of the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 737-53-1315, Revision 1, dated June 30,
2015, except as required by paragraph (h)(3) of this AD, is
terminating action for the repetitive inspections required by this
paragraph at the repaired locations only.

(h) Exceptions to Boeing Special Attention Service Bulletin 737-53-
1315, Revision 1, Dated June 30, 2015

    (1) Where Boeing Special Attention Service Bulletin 737-53-1315,
Revision 1, dated June 30, 2015, specifies compliance times ``after
the Revision 1 date of this service bulletin,'' this AD requires
compliance within the specified compliance times after the effective
date of this AD.
    (2) The Condition column of table 1 of Paragraph 1.E.,
``Compliance,'' of Boeing Special Attention Service Bulletin 737-53-
1315, Revision 1, dated June 30, 2015, refers to airplanes in
certain configurations as of the ``issue date of Revision 1 of this
service bulletin.'' However, this AD applies to airplanes in the
specified configurations ``as of the effective date of this AD.''
    (3) Where Boeing Special Attention Service Bulletin 737-53-1315,
Revision 1, dated June 30, 2015, specifies contacting Boeing for
repair instructions or work instructions, before further flight,
repair or perform the work instructions using a method approved in
accordance with the procedures specified in paragraph (m) of this
AD, except as required by paragraph (h)(4) of this AD.
    (4) For airplanes on which an operator has a record that a skin
panel was replaced with a production skin panel at or before 53,000
total flight cycles: At the applicable time for the next inspection
as specified in table 1 of paragraph 1.E., ``Compliance,'' Boeing
Special Attention Service Bulletin 737-53-1315, Revision 1, dated
June 30, 2015, except as provided by paragraphs (h)(1) and (h)(2) of
this AD: Perform inspections and applicable corrective actions using
a method approved in accordance with the procedures specified in
paragraph (m) of this AD.
    (5) The Condition column of table 2 of Paragraph 1.E.,
``Compliance,'' of Boeing Special Attention Service Bulletin 737-53-
1315, Revision 1, dated June 30, 2015, refers to airplanes in
certain configurations as of the ``issue date of Revision 1 of this
service bulletin.'' However, this AD applies to airplanes in the
specified configurations regardless of when the time limited repair
is installed.

(i) Actions for Airplanes With a Time Limited Repair Installed

    For airplanes with a time limited repair installed as specified
in Boeing Special Attention Service Bulletin 737-53-1315, dated July
29, 2011; or Boeing Special Attention Service Bulletin, Revision 1,
dated June 30, 2015: At the applicable times specified in table 2 of
paragraph 1.E., ``Compliance,'' of Boeing Special Attention Service
Bulletin 737-53-1315, Revision 1, dated June 30, 2015, except as
provided by paragraphs (h)(1) and (h)(5) of this AD: Do the actions
specified in paragraphs (i)(1) and (i)(2) of this AD.
    (1) Do the applicable inspections to detect missing or loose
fasteners and any disbonding or cracking of bonded doublers; and do
all applicable related investigative and corrective actions; in
accordance with the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 737-53-1315, Revision 1, dated June 30,
2015, except as required by paragraph (h)(3) of this AD. Do all
applicable related investigative and corrective actions before
further flight. Repeat the applicable inspections thereafter at the
applicable intervals specified Boeing Special Attention Service
Bulletin 737-53-1315, Revision 1, dated June 30, 2015.
    (2) Make the time limited repair permanent; and do all
applicable related investigative and corrective actions; in
accordance the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 737-53-1315, Revision 1, dated June 30,
2015, except as required by paragraph (h)(3) of this AD. Do all
applicable related investigative and corrective actions before
further flight. Accomplishing the permanent repair required by this
paragraph terminates the inspections required by paragraph (i)(1) of
this AD for the permanently repaired area only.

(j) Certain Post-Repair Inspections

    For airplanes with a permanent repair installed as specified in
Boeing Special Attention Services Bulletin 737-53-1315, Revision 1,
dated June 30, 2015: At the applicable time specified in table 3 of
paragraph 1.E., ``Compliance,'' of Boeing Special Attention Service
Bulletin 737-53-1315, Revision 1, dated June 30, 2015, except as
provided by paragraph (h)(1) of this AD: Do an external low
frequency eddy current (LFEC) inspection for cracking of the skin at
the critical fastener row of the repair doubler; and do all
applicable corrective actions; in accordance the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 737-53-
1315, Revision 1, dated June 30, 2015, except as required by
paragraph (h)(3) of this AD. Do all applicable corrective actions
before further flight. Repeat the LFEC

inspection thereafter at the applicable intervals specified Boeing
Special Attention Service Bulletin 737-53-1315, Revision 1, dated
June 30, 2015.

(k) Skin Panel Replacement

    At the later of the times specified in paragraphs (k)(1) and
(k)(2) of this AD: Replace the applicable skin panels, and do all
applicable related investigative and corrective actions, in
accordance with the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 737-53-1315, Revision 1, dated June 30,
2015. Do all applicable related investigative and corrective actions
before further flight. Doing the skin panel replacement required by
this paragraph terminates the inspection requirements of paragraph
(g) of this AD for that skin panel only, provided the skin panel
replacement was done with a production skin panel after 53,000 total
flight cycles.
    (1) Before 60,000 total flight cycles, but not at or before
53,000 total flight cycles.
    (2) Within 6,000 flight cycles after the effective date of this
AD, but not at or before 53,000 total flight cycles.

(l) Credit for Previous Actions

    This paragraph provides credit for the zone 1 actions required
by paragraph (g) of this AD, as described in Boeing Special
Attention Service Bulletin 737-53-1315, Revision 1, dated June 30,
2015, if the zone 1, 2, and 3 actions, as described in Boeing
Special Attention Service Bulletin 737-53-1315, dated July 29, 2011,
were performed before the effective date of this AD using Boeing
Special Attention Service Bulletin 737-53-1315, dated July 29, 2011,
except as required by paragraph (h)(4) of this AD. Boeing Special
Attention Bulletin 737-53-1315, dated July 29, 2011, was
incorporated by reference in AD 2012-16-07.

(m) 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 (n)(1) 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, modification, or alteration 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. To be approved, the
repair method, modification deviation, or alteration deviation must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) AMOCs approved previously for AD 2012-16-07 are approved as
AMOCs for the corresponding provisions of paragraph (g) of this AD.

(n) Related Information

    (1) For more information about this AD, contact Wade Sullivan,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) 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<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.

    Issued in Renton, Washington, on May 5, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-11173 Filed 5-12-16; 8:45 am]
 BILLING CODE 4910-13-P