[Federal Register Volume 82, Number 57 (Monday, March 27, 2017)]
[Proposed Rules]
[Pages 15169-15171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05770]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0244; Directorate Identifier 2016-NM-044-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 adopt a new airworthiness directive (AD) for all 
The Boeing Company Model 737-300, -400, and -500 series airplanes. This 
proposed AD was prompted by a determination that supplemental 
inspections are required for timely detection of fatigue cracking for 
certain structural significant item (SSIs). This proposed AD would 
require revising the maintenance or inspection program, as applicable, 
to add supplemental inspections. This proposed AD would also require 
inspections to detect cracks in each SSI, and repair of any cracked 
structure. We are proposing this AD to address the unsafe condition on 
these products.

DATES: We must receive comments on this proposed AD by May 11, 2017.

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: 202-493-2251.
     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: Contractual & Data Services (C&DS), 
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; 
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.

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-2017-
0244; 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: 800-647-5527) is in the ADDRESSES section. Comments will 
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Jennifer Tsakoumakis, Aerospace 
Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft 
Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 
90712-4137; phone: 562-627-5264; fax: 562-627-5210; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2017-0244; 
Directorate Identifier 2016-NM-044-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

    On April 8, 2008, we issued AD 2008-09-13, Amendment 39-15494 (73 
FR 24164, May 2, 2008) (``AD 2008-09-13''), for all Model 737-300, -
400, and -500 series airplanes. AD 2008-09-13 requires revising the 
FAA-approved maintenance inspection program to include inspections that 
will give no less than the required damage tolerance rating (DTR) for 
each SSI, doing repetitive inspections to detect cracks of all SSIs, 
and repairing cracked structure. AD 2008-09-13 resulted from a report 
of incidents involving fatigue cracking in transport category airplanes 
that are approaching or have exceeded their design service objective. 
We issued AD 2008-09-13 to ensure the continued structural integrity of 
all Model 737-300, -400, and -500 series airplanes.

Actions Since AD 2008-09-13 Was Issued

    Since we issued AD 2008-09-13, a structural reevaluation was 
conducted by the manufacturer. As a result, we have determined that 
supplemental inspections are required for timely detection of fatigue 
cracking for certain SSIs.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Document D6-82669, ``Supplemental Structural 
Inspection Document, Models 737-300/400/500 Airplanes,'' Revision 
October 2015. The service information identifies SSIs having fatigue 
crack growth characteristics warranting special attention, describes 
procedures for inspections to detect cracks of all structure identified 
as SSIs, and provides corrective actions for cracked SSI structure. 
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

[[Page 15170]]

and determined the unsafe condition described previously is likely to 
exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require revising the maintenance or 
inspection program, as applicable, to include inspections that will 
give no less than the required DTR for certain SSIs, and repairing any 
cracked structure. This proposed AD would also require initial and 
repetitive inspections to detect cracks of all structure identified in 
Boeing Document D6-82669, ``Supplemental Structural Inspection 
Document, Models 737-300/400/500 Airplanes,'' Revision October 2015, 
and repair if necessary.
    Accomplishing the actions required by paragraphs (g) and (h) of 
this proposed AD would terminate all requirements of AD 2008-09-13.

Costs of Compliance

    We estimate that this proposed AD affects 500 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Revision of maintenance or inspection   1 work-hour x $85 per                 $0             $85         $42,500
 program.                                hour = $85.
----------------------------------------------------------------------------------------------------------------

    We have not specified cost estimates for the inspections and repair 
specified in this proposed AD. Compliance with this proposed AD 
constitutes a method of compliance with the FAA aging airplane safety 
final rule (AASFR) (70 FR 5518, February 2, 2005) for certain baseline 
structure of Model 737-300, -400, and -500 series airplanes. The AASFR 
requires certain operators to incorporate damage tolerance inspections 
into their maintenance programs. These requirements are described in 14 
CFR 121.1109(c)(1) and 14 CFR 129.109(b)(1). Accomplishment of the 
actions specified in this proposed AD will meet the requirements of 
these regulations for certain baseline structure. The costs for 
accomplishing the inspection portion of this proposed AD were accounted 
for in the regulatory evaluation of the AASFR.
    We estimate the following costs to do any necessary reporting that 
would be required based on the results of the inspections specified in 
the proposed revision of the maintenance or inspection program. We have 
no way of determining the number of aircraft that might need this 
action:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Reporting.....................................  1 work-hour x $85 per hour = $85              $0             $85
----------------------------------------------------------------------------------------------------------------

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB control number. The control 
number for the collection of information required by this proposed AD 
is 2120-0056. The paperwork cost associated with this proposed AD has 
been detailed in the Costs of Compliance section of this document and 
includes time for reviewing instructions, as well as completing and 
reviewing the collection of information. Therefore, all reporting 
associated with this proposed AD is mandatory. Comments concerning the 
accuracy of this burden and suggestions for reducing the burden should 
be directed to the FAA at 800 Independence Ave. SW., Washington, DC 
20591, Attn: Information Collection Clearance Officer, AES-200.

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,

[[Page 15171]]

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 adding the following new AD:

The Boeing Company: Docket No. FAA-2017-0244; Directorate Identifier 
2016-NM-044-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by May 11, 2017.

(b) Affected ADs

    This AD affects AD 2008-09-13, Amendment 39-15494 (73 FR 24164, 
May 2, 2008) (``AD 2008-09-13'').

(c) Applicability

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

(d) Subject

    Air Transport Association (ATA) of America Code 52, Doors; 53, 
Fuselage; 54, Nacelles/Pylons; 55, Stabilizers; 57, Wings.

(e) Unsafe Condition

    This AD was prompted by a structural reevaluation conducted by 
the manufacturer. We have determined that supplemental inspections 
are required for timely detection of fatigue cracking for certain 
structural significant items (SSIs). We are issuing this AD to 
ensure the continued structural integrity of all The Boeing Company 
Model 737-300, -400, and -500 series airplanes.

(f) Compliance

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

(g) Revision of the Maintenance or Inspection Program for All Airplanes

    Before the accumulation of 66,000 total flight cycles, or within 
12 months after the effective date of this AD, whichever occurs 
later: Incorporate a revision into the maintenance or inspection 
program, as applicable, that provides no less than the required 
damage tolerance rating (DTR) for each SSI listed in Boeing Document 
D6-82669, ``Supplemental Structural Inspection Document, Models 737-
300/400/500 Airplanes,'' Revision October 2015. The required DTR 
value for each SSI is listed in Boeing Document D6-82669, 
``Supplemental Structural Inspection Document, Models 737-300/400/
500 Airplanes,'' Revision October 2015. The revision to the 
maintenance or inspection program must include, and must be 
implemented in accordance with, the procedures in Section 5.0, 
``Damage Tolerance Rating (DTR) System Application;'' and Section 
6.0, ``SSI Discrepancy Reporting;'' of Boeing Document D6-82669, 
``Supplemental Structural Inspection Document, Models 737-300/400/
500 Airplanes,'' Revision October 2015. Accomplishment of the 
revision required by this paragraph terminates the requirements of 
paragraph (g) of AD 2008-09-13.

(h) Initial and Repetitive Inspections

    Before the accumulation of 66,000 total flight cycles, or within 
12 months after the effective date of this AD, whichever occurs 
later: Perform an inspection in accordance with Boeing Document D6-
82669, ``Supplemental Structural Inspection Document, Models 737-
300/400/500 Airplanes,'' Revision October 2015, to detect cracks of 
all structure identified in Boeing Document D6-82669, ``Supplemental 
Structural Inspection Document, Models 737-300/400/500 Airplanes,'' 
Revision October 2015. Once the initial inspection has been 
performed, repeat the inspections thereafter at the intervals 
specified in Boeing Document D6-82669, ``Supplemental Structural 
Inspection Document, Models 737-300/400/500 Airplanes,'' Revision 
October 2015. Accomplishing an initial inspection required by this 
paragraph terminates the corresponding inspection required by 
paragraph (h) of AD 2008-09-13.

 (i) Repair

    If any cracked SSI structure is found during any inspection 
required by paragraph (h) of this AD, repair before further flight 
using a method approved in accordance with the procedures specified 
in paragraph (l) of this AD. Within 18 months after repair, 
incorporate a revision into the maintenance or inspection program, 
as applicable, to include a damage-tolerance-based alternative 
inspection program for the repaired structure. Thereafter, inspect 
the affected structure in accordance with the alternative program. 
The inspection method and compliance times (i.e., threshold and 
repetitive intervals) of the alternative program must be approved in 
accordance with the procedures specified in paragraph (l) of this 
AD.

(j) Terminating Action for AD 2008-09-13.

    Accomplishing the revision required by paragraph (g) of this AD 
and all initial inspections required by paragraph (h) of this AD 
terminates all requirements of AD 2008-09-13.

(k) Paperwork Reduction Act Burden Statement

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to a penalty 
for failure to comply with a collection of information subject to 
the requirements of the Paperwork Reduction Act unless that 
collection of information displays a current valid OMB Control 
Number. The OMB Control Number for this information collection is 
2120-0056. Public reporting for this collection of information is 
estimated to be approximately 5 minutes per response, including the 
time for reviewing instructions, completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Comments concerning the accuracy of this 
burden and suggestions for reducing the burden should be directed to 
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn: 
Information Collection Clearance Officer, AES-200.

(l) 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 (m)(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, 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, Los Angeles 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 for AD 2008-09-13 are approved as AMOCs for 
the corresponding provisions of paragraphs (g) and (h) of this AD 
for the SSIs identified in the AMOC, except for AMOCs written for 
empennage SSIs E-19, E-21, E-29, E-30, and E-31.

(m) Related Information

    (1) For more information about this AD, contact Jennifer 
Tsakoumakis, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los 
Angeles ACO, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; 
phone: 562-627-5264; fax: 562-627-5210; email: 
[email protected].
    (2) 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-
5600; 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.

    Issued in Renton, Washington, on March 16, 2017.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-05770 Filed 3-24-17; 8:45 am]
 BILLING CODE 4910-13-P