[Federal Register Volume 82, Number 37 (Monday, February 27, 2017)]
[Rules and Regulations]
[Pages 11797-11800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03265]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-3984; Directorate Identifier 2015-NM-033-AD; 
Amendment 39-18803; AD 2017-04-08]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2008-13-12 R1 
for certain The Boeing Company Model 737-100, -200, -200C, -300, -400, 
and -500 series airplanes. AD 2008-13-12 R1 required various repetitive 
inspections for cracking of a certain splice of the fuselage, and other 
specified and corrective actions if necessary; and provided for an 
optional preventive modification, which terminated the repetitive 
inspections. This new AD adds an inspection to determine if the 
existing frame repair meets all specified requirements; a modification 
of a certain splice, which terminates the repetitive inspections; 
reduces certain inspection thresholds and repetitive intervals; and 
adds post-repair/post-modification inspections. This AD was prompted by 
reports of additional fatigue cracking of a certain splice of the 
fuselage and one report of a severed frame, due to susceptibility to 
widespread fatigue damage (WFD). We are issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective April 3, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 3, 
2017.

ADDRESSES: For service information identified in this final rule, 
contact Boeing Commercial Airplanes,

[[Page 11798]]

Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., 
MC 110-SK57, Seal Beach, CA 90740; telephone 562-797-1717; 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 425-227-1221. It is also available on the 
Internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2015-3984.

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-2015-
3984; 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: 800-647-
5527) is Docket 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: Galib Abumeri, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification 
Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 
562-627-5324; fax: 562-627-5210; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to 
amend 14 CFR part 39 to supersede AD 2008-13-12 R1, Amendment 39-15719 
(73 FR 67383, November 14, 2008) (``AD 2008-13-12 R1''). AD 2008-13-12 
R1 applied to certain The Boeing Company Model 737-100, -200, -200C, -
300, -400, and -500 series airplanes. The SNPRM published in the 
Federal Register on November 14, 2016 (81 FR 79395). We preceded the 
SNPRM with a notice of proposed rulemaking (NPRM) that published in the 
Federal Register on October 9, 2015 (80 FR 61133). The NPRM proposed to 
continue to require the actions of AD 2008-13-12 R1. The NPRM also 
proposed to add, for certain airplanes, an inspection to determine if 
the existing frame repair meets all specified requirements, and for 
certain other airplanes, a new modification of the upper-frame-to-side-
frame splice, which would terminate the repetitive inspections. The 
NPRM also proposed to reduce certain inspection thresholds and 
repetitive intervals. The NPRM was prompted by reports of additional 
fatigue cracking of the upper-frame-to-side-frame splice of the 
fuselage, and one report of a severed frame. The SNPRM proposed to add 
post-repair/post-modification inspections that were not included in the 
NPRM. We are issuing this AD to detect and correct fatigue cracking of 
the upper-frame-to-side-frame splice of the fuselage, which could 
result in reduced structural integrity of the frame and adjacent lap 
joint, causing increased loading in the fuselage skin, which will 
accelerate skin crack growth and could result in decompression of the 
airplane.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We have considered the comment received. The commenter, 
Stephanie Reid, agreed that the airplanes should be inspected.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting 
this AD as proposed, except for minor editorial changes. We have 
determined that these minor changes:
     Are consistent with the intent that was proposed in the 
SNPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the SNPRM.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 737-53A1261, Revision 1, 
dated January 30, 2015. The service information describes procedures 
for various repetitive inspections for cracking of the upper-frame-to-
side-frame splice of the fuselage, a preventive modification to prevent 
WFD, an inspection to determine if the existing frame repair meets all 
specified requirements, and corrective actions. 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.

Costs of Compliance

    We estimate that this AD affects 391 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
             Action                     Labor cost          Parts cost     Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Retained inspections from AD     Between 18 and 38 work-              $0  Between $1,530 and  Between $598,230
 2008-13-12 R1.                   hours x $85 per hour,                    $3,230 per          and $1,262,930,
                                  depending on airplane                    inspection cycle.   per inspection
                                  configuration =                                              cycle.
                                  between $1,530 and
                                  $3,230 per inspection
                                  cycle.
New inspections................  213 work[dash]hours x                $0  $18,105 per         Up to $7,079,055,
                                  $85 per hour, $18,105                    inspection cycle.   per inspection
                                  per inspection cycle.                                        cycle.
New modification...............  256 work-hours x $85              (\1\)  $21,760...........  Up to $8,508,160.
                                  per hour = $21,760.
----------------------------------------------------------------------------------------------------------------
\1\ We currently have no specific cost estimates associated with the parts necessary for the modification.

    We have received no definitive data that would enable us to provide 
a cost estimate for the on-condition actions specified in this 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

[[Page 11799]]

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) 
2008-13-12 R1, Amendment 39-15719 (73 FR 67383, November 14, 2008), and 
adding the following new AD:

2017-04-08 The Boeing Company: Amendment 39-18803; Docket No. FAA-
2015-3984; Directorate Identifier 2015-NM-033-AD.

(a) Effective Date

    This AD is effective April 3, 2017.

(b) Affected ADs

    This AD replaces AD 2008-13-12 R1, Amendment 39-15719 (73 FR 
67383, November 14, 2008) (``AD 2008-13-12 R1'').

(c) Applicability

    (1) This AD applies to The Boeing Company Model 737-100, -200, -
200C, -300, -400, and -500 series airplanes, certificated in any 
category, as identified in Boeing Alert Service Bulletin 737-
53A1261, Revision 1, dated January 30, 2015.
    (2) Installation of Supplemental Type Certificate (STC) 
ST01219SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/BE866B732F6CF31086257B9700692796?OpenDocument&Highlight=st01219se) 
does not affect the ability to accomplish the actions required by 
this AD. Therefore, for airplanes on which STC ST01219SE is 
installed, a ''change in product'' alternative method of compliance 
(AMOC) approval request is not necessary to comply with the 
requirements of 14 CFR 39.17.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of additional fatigue cracking 
of the upper-frame-to-side-frame splice of the fuselage, and one 
report of a severed frame due to susceptibility to widespread 
fatigue damage (WFD). We are issuing this AD to detect and correct 
fatigue cracking of the upper-frame-to-side-frame splice of the 
fuselage, which could result in reduced structural integrity of the 
frame and adjacent lap joint, causing increased loading in the 
fuselage skin, which will accelerate skin crack growth and could 
result in decompression of the airplane.

(f) Compliance

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

(g) Repetitive Inspections and Corrective Actions for Certain Airplanes

    (1) For Groups 1 through 3, Configurations 1, 3, 4, and 5 
airplanes; Group 7, Configurations 1, 3, 4, and 5 airplanes; Groups 
4 through 6, Configurations 1, 3, 4, and 6 airplanes; and Groups 8 
through 11, Configurations 1, 3, 4, and 6 airplanes; as identified 
in Boeing Alert Service Bulletin 737-53A1261, Revision 1, dated 
January 30, 2015: Do the actions specified in paragraphs (g)(1)(i) 
and (g)(1)(ii) of this AD, and all applicable corrective actions, in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 737-53A1261, Revision 1, dated January 30, 2015, 
except as required by paragraph (i)(3) of this AD. Do all applicable 
corrective actions before further flight.
    (i) At the applicable time specified in Tables 1, 2, 3, 5, 6, 
and 8 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service 
Bulletin 737-53A1261, Revision 1, dated January 30, 2015, except as 
required by paragraphs (i)(1) and (i)(2) of this AD: Do medium 
frequency eddy current inspections for cracking of the upper-frame-
to-side-frame splice of the fuselage.
    (ii) Repeat the inspections specified in paragraph (g)(1)(i) of 
this AD at the applicable time specified in Tables 1, 2, 3, 5, 6, 
and 8 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service 
Bulletin 737-53A1261, Revision 1, dated January 30, 2015, until the 
preventive modification required by paragraph (k) of this AD, or a 
terminating action specified in paragraph (l) of this AD, has been 
accomplished. The inspections are terminated for the repaired or 
modified areas only.
    (2) For Groups 4 through 6, Configurations 2 and 5 airplanes; 
and Groups 8 through 11, Configurations 2 and 5 airplanes; as 
identified in Boeing Alert Service Bulletin 737-53A1261, Revision 1, 
dated January 30, 2015: Do the actions specified in paragraphs 
(g)(2)(i) and (g)(2)(ii) of this AD, and all applicable corrective 
actions, in accordance with the Accomplishment Instructions of 
Boeing Alert Service Bulletin 737-53A1261, Revision 1, dated January 
30, 2015, except as required by paragraph (i)(3) of this AD. Do all 
applicable corrective actions before further flight.
    (i) At the applicable time specified in Tables 4 and 7 of 
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 
737-53A1261, Revision 1, dated January 30, 2015, except as required 
by paragraphs (i)(1) and (i)(2) of this AD: Do a detailed inspection 
to determine if the existing frame repair meets all requirements 
specified in Boeing Alert Service Bulletin 737-53A1261, Revision 1, 
dated January 30, 2015, and for any frame repair that does meet all 
requirements, do detailed and high frequency eddy current (HFEC) 
inspections for cracking of the existing frame repairs.
    (ii) Repeat the inspections for cracking specified in paragraph 
(g)(2)(i) of this AD at the applicable time specified in Tables 4 
and 7 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service 
Bulletin 737-53A1261, Revision 1, dated January 30, 2015.

(h) Post-Repair and Post-Modification Actions for Certain Airplanes

    For Group 1, Configurations 2 and 6 airplanes; Group 2, 
Configurations 2 and 6 airplanes; Group 3, Configurations 2 and 6 
airplanes; and Group 7, Configurations 2 and 6 airplanes; as 
identified in Boeing Alert Service Bulletin 737-53A1261, Revision 1, 
dated January 30, 2015: Within 120 days after the effective date of 
this AD, do post-repair and post-modification actions using a method 
approved in accordance with the procedures specified in paragraph 
(n) of this AD.

(i) Exceptions to Service Bulletin Specifications

    (1) Where Boeing Alert Service Bulletin 737-53A1261, Revision 1, 
dated January 30, 2015, specifies a compliance time ``after the 
Revision 1 date of this service bulletin,'' this AD requires 
compliance within the specified compliance time after the effective 
date of this AD.
    (2) Where the ``Condition'' column of paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 737-53A1261,

[[Page 11800]]

Revision 1, dated January 30, 2015, specifies a condition based on 
whether an airplane has or has not been inspected, this AD bases the 
condition on whether an airplane has or has not been inspected as of 
the effective date of this AD.
    (3) Where Boeing Alert Service Bulletin 737-53A1261, Revision 1, 
dated January 30, 2015, specifies to contact Boeing for repair 
instructions: Before further flight, repair using a method approved 
in accordance with the procedures specified in paragraph (n) of this 
AD.

(j) Post-Repair and Post-Modification Inspections

    For Groups 4 through 6, Configurations 1, 3, 4, 6, 7, 8, 9, and 
10 airplanes; and Groups 8 through 11, Configurations 1, 3, 4, 6, 7, 
8, 9, and 10 airplanes; as identified in Boeing Alert Service 
Bulletin 737-53A1261, Revision 1, dated January 30, 2015: Except as 
provided by paragraphs (i)(1) and (i)(2) of this AD, at the 
applicable time specified in Tables 12 through 17 of paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 737-53A1261, 
Revision 1, dated January 30, 2015; do the post-repair/post-
modification inspections, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin 737-53A1261, Revision 
1, dated January 30, 2015, except as required by paragraph (i)(3) of 
this AD. Do all applicable corrective actions before further flight.

(k) Preventive Modification for Certain Airplanes

    For Groups 4 through 6, Configurations 1, 3, 4, and 6 airplanes; 
and Groups 8 through 11, Configurations 1, 3, 4, and 6 airplanes; as 
identified in Boeing Alert Service Bulletin 737-53A1261, Revision 1, 
dated January 30, 2015: Except as provided by paragraphs (i)(1) and 
(i)(2) of this AD, at the applicable time specified in Tables 3, 5, 
6, and 8 in paragraph 1.E., ``Compliance,'' of Boeing Alert Service 
Bulletin 737-53A1261, Revision 1, dated January 30, 2015, do the 
preventive modification, including HFEC inspections for cracking and 
applicable corrective actions, in accordance with Part 4 of the 
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
53A1261, Revision 1, dated January 30, 2015, except as required by 
paragraph (i)(3) of this AD. Do all applicable corrective actions 
before further flight. Accomplishing the modification required by 
this paragraph terminates the inspections required by paragraph 
(g)(1) of this AD for the modified area only.

(l) Terminating Action

    (1) For Groups 4 through 6, Configurations 1, 3, 4, and 6 
airplanes; and Groups 8 through 11, Configurations 1, 3, 4, and 6 
airplanes; as identified in Boeing Alert Service Bulletin 737-
53A1261, Revision 1, dated January 30, 2015: Accomplishing the 
preventive modification, including HFEC inspections for cracking and 
applicable corrective actions, in accordance with Part 4 of the 
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
53A1261, Revision 1, dated January 30, 2015, except as required by 
paragraph (i)(3) of this AD, terminates the inspections required by 
paragraph (g)(1) of this AD for the modified area only.
    (2) For Groups 4 through 6, Configurations 3 and 6 airplanes; 
and Groups 8 through 11, Configurations 3 and 6 airplanes; as 
identified in Boeing Alert Service Bulletin 737-53A1261, Revision 1, 
dated January 30, 2015: Accomplishing the repair, including HFEC 
inspections for cracking and applicable corrective actions, in 
accordance with Part 3 of the Accomplishment Instructions of Boeing 
Alert Service Bulletin 737-53A1261, Revision 1, dated January 30, 
2015, except as required by paragraph (i)(3) of this AD, terminates 
the repetitive inspections required by paragraph (g)(1) of this AD, 
and the preventive modification required by paragraph (k) of this 
AD, for the repaired area only.
    (3) Accomplishment of the repair or the preventive modification 
specified in Boeing Message M-7200-02-1294, dated August 20, 2002, 
before the effective date of this AD terminates the repetitive 
inspections required by paragraph (g)(1) of this AD and the 
preventive modification required by paragraph (k) of this AD for the 
repaired or modified area only.

(m) Credit for Previous Actions

    (1) This paragraph provides credit for the inspections required 
by paragraph (g) of this AD, if those inspections were performed 
before the effective date of this AD using Boeing Alert Service 
Bulletin 737-53A1261, dated January 19, 2006, which was incorporated 
by reference in AD 2008-13-12, Amendment 39-15575 (73 FR 38905, July 
8, 2008) (``AD 2008-13-12'').
    (2) This paragraph provides credit for the modification 
specified in paragraphs (k) and (l)(1) of this AD, if the 
modification was performed before the effective date of this AD 
using Boeing Alert Service Bulletin 737-53A1261, dated January 19, 
2006, which was incorporated by reference in AD 2008-13-12.
    (3) This paragraph provides credit for repairs specified in 
paragraphs (l)(2) of this AD, if those repairs were performed before 
the effective date of this AD using Boeing Alert Service Bulletin 
737-53A1261, dated January 19, 2006, which was incorporated by 
reference in AD 2008-13-12.

(n) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles 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 (o)(1) of this AD. 
Information may be emailed to: [email protected].
    (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, Los Angeles 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 for AD 2008-13-12 and AD 2008-13-12 R1 are 
approved as AMOCs for the corresponding provisions of paragraph (g) 
of this AD.

(o) Related Information

    (1) For more information about this AD, contact Galib Abumeri, 
Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles 
Aircraft Certification Office (ACO), 3960 Paramount Boulevard, 
Lakewood, CA 90712-4137; phone: 562-627-5324; fax: 562-627-5210; 
email: [email protected].
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (p)(3) and (p)(4) of this AD.

(p) 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.
    (i) Boeing Alert Service Bulletin 737-53A1261, Revision 1, dated 
January 30, 2015.
    (ii) Reserved.
    (3) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Contractual & Data Services 
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740; 
telephone 562-797-1717; Internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (5) 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 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on February 1, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-03265 Filed 2-24-17; 8:45 am]
 BILLING CODE 4910-13-P