Discussion \n\n\tWe issued a supplemental notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an airworthiness directive (AD) that would apply to certain Model 737-600, -700, and -800 series airplanes. That supplemental NPRM was published in the Federal Register on March 6, 2009 (74 FR 9776). That supplemental NPRM proposed to require an inspection of the free flange, vertical web, and radius between the free flange and vertical web of the lower stringers of the wing center section for drill starts, and applicable related investigative and corrective actions. \n\nComments \n\n\tWe gave the public the opportunity to participate in developing this AD. We considered the comments received from the commenters. \n\nSupport for the Supplemental NPRM \n\n\tAir Transport Association (ATA), on behalf of its member, Continental Airlines (CAL), expresses support for the compliance time. \n\nRequest To Align NPRMs Affecting Areas Under Enhanced Airworthiness Program for Airplane Systems (EAPAS) Regulations or Maintenance Planning Documents \n\n\tATA, on behalf of its member CAL, notes that Boeing Alert Service Bulletin 73-57A1294, dated April 23, 2007, was issued before airworthiness limitations (AWLs) 28-AWL-11 and 28-AWL-12 were published. CAL points out that the service bulletin states to contact Boeing for repair instructions for crack findings to comply with the requirements of the supplemental NPRM. However, CAL states the supplemental NPRM and the service bulletin do not address how to comply with AWLs 28-AWL-11 and 28-AWL-12 of Section 9 of the Boeing 737-600/ 700/800/900 MPD Document D626A001-CMR if the repair instructions require installing fasteners into the fuel tank. CAL notes that FAA approval of the MPD AWLs can only be granted by the Manager, Seattle Aircraft Certification Office (ACO), FAA. \n\tWe infer that CAL is asking that we revise the supplemental NPRM to clarify whether the corrective actions are compliant with EAPAS regulations or MPD AWLs. We partially agree with CAL's request. We agree that operators benefit from notification that certain repairs covered by this AD are also potentially subject to compliance with the requirements of AD 2008-10-10, Amendment 39-15516 (73 FR 25986, May 8, 2008). AD 2008-10-10 mandates AWLs 28-AWL-11 and 28-AWL-12 and requires that any new penetration into the fuel tank be approved for lightning considerations by the FAA, Seattle ACO. \n\tWe disagree that a change to the supplemental NPRM is necessary. On April 15, 2009, Boeing issued MultiOperator Message (MOM) MOM-09-0178- 01B, applicable to the following ADs: \n\n\tAD 2008-04-11, Amendment 39-15383 (73 FR 9666, February 22, 2008) \n\tAD 2008-04-10, Amendment 39-15382 (73 FR 9668, February 22, 2008) \n\tAD 2008-10-09, Amendment 39-15515 (73 FR 25970, May 8, 2008) \n\tAD 2008-10-10, Amendment 39-15516 (73 FR 25986, May 8, 2008) \n\tAD 2008-10-07, Amendment 39-15513 (73 FR 25977, May 8, 2008) \n\tAD 2008-10-06, Amendment 39-15512 (73 FR 25990, May 8, 2008) \n\tAD 2008-10-11, Amendment 39-15517 (73 FR 25974, May 8, 2008) \n\tAD 2008-11-01, Amendment 39-15523 (73 FR 29414, May 21, 2008) \n\tAD 2008-11-13, Amendment 39-15536 (73 FR 30737, May 29, 2008) \n\nThis MOM notifies operators that the FAA issued an alternative method of compliance (AMOC) to the same ADs. This AMOC states: \n\n\tAny alteration, design change, or repair involving new penetrations of the fuel tanks (such as a repair with fasteners, adding a bracket, bulkhead fitting or equipment) or change to the design features of the existing equipment penetrations (such as fuel measuring sticks, sump drain valves, fueling manifold, fuel temperature sensor, and motor operated fuel shutoff valve adapter plate) requires approval by the FAA Seattle ACO or an Authorized Representative (AR) of the Boeing Commercial Airplanes Delegated Compliance Organization (BDCO). \n\tHowever, any alteration, design change or repair involving new penetrations of thefuel tanks, accomplished in accordance with an FAA-approved Boeing Structural Repair Manual (SRM) or Boeing Service Bulletin is not subject to this requirement for additional approval. \n\n\tWe consider that this AMOC and the subsequent MOM supplied by Boeing is sufficient notification and clarification because the MOM states that certain Boeing service bulletins do not require additional approval in accordance with AD 2008-10-10. We have not changed the AD in regard to this issue. \n\nRequest To Allow ARs To Approve Repairs \n\n\tATA, on behalf of its member CAL, requests that we revise the supplemental NPRM to grant delegated authority to Boeing to approve repairs mandated by this AD and AWLs 28-AWL-11 and 28-AWL-12 of Section 9 of the Boeing 737-600/700/800/900 MPD Document D626A001-CMR provided that only the fuel tank structure is affected, while the structural repair does not disrupt the fuel tank system. CAL states that it is concerned with complying with the MPD since Boeing Alert Service Bulletin 737-57A1294, dated April 23, 2007, was written before AWLs 28- AWL-11 and 28-AWL-12. CAL notes that the service bulletin states to contact Boeing for repair instruction for crack findings. However, CAL notes that this AD and the service bulletin do not reference the AWLs in the event that Boeing repair instructions require fastener installation into the fuel tank. CAL points out that FAA approval to reference the MPD AWLs can be granted only by the Manager, Seattle ACO. \n\tWe disagree with the request. We have approved an AMOC that allows designated ARs of the BDCO to approve fuel tank penetration for lightning considerations for several EAPAS rules. That AMOC is written against the specific AD requiring lightning approvals, which is not part of this AD. We have not changed the final rule in regard to this issue. \n\nExplanation of Change Made to This AD \n\n\tWe have revised this AD to identify the correct legal name of the manufacturer as published in the most recent type certificate data sheet for the affected airplane models. \n\nConclusion \n\n\tWe reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We also determined that these changes will not increase the economic burden on any operator or increase the scope of the AD. \n\nCosts of Compliance \n\n\tWe estimate that this AD affects 17 airplanes of U.S. registry. We also estimate that it would take 7 work-hours per product to comply with this AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $9,520, or $560 per product. \n\nAuthority for This Rulemaking \n\n\tTitle 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. \n\tWe 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. \n\nRegulatory Findings \n\n\tThis 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. \n\tFor the reasons discussed above, I certify that this AD: \n\t(1) Is nota "significant regulatory action'' under Executive Order 12866, \n\t(2) Is not a "significant rule'' under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979), and \n\t(3) 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. \n\tYou can find our regulatory evaluation and the estimated costs of compliance in the AD Docket. \n\nList of Subjects in 14 CFR Part 39 \n\n\tAir transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. \n\nAdoption of the Amendment \n\nAccordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: \n\nPART 39--AIRWORTHINESS DIRECTIVES \n\n1. The authority citation for part 39 continues to read as follows: \n\n\tAuthority: 49 U.S.C. 106(g), 40113, 44701. \n\nSec. 39.13 (Amended) \n\n2. The FAA amends Sec. 39.13 by adding the following new AD: