[Federal Register Volume 82, Number 58 (Tuesday, March 28, 2017)]
[Rules and Regulations]
[Pages 15284-15287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05768]



[[Page 15284]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9068; Directorate Identifier 2016-NM-067-AD; 
Amendment 39-18838; AD 2017-06-14]
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 adopting a new airworthiness directive (AD) for certain 
The Boeing Company Model 737-300, -400, and -500 series airplanes. This 
AD was prompted by reports of cracks in the horizontal stabilizer lower 
skins. This AD requires inspections for cracking of the horizontal 
stabilizer lower skin, and corrective actions if necessary; and also 
provides actions that would terminate certain repetitive inspections. 
We are issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective May 2, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 2, 2017.

ADDRESSES: For service information identified in this final rule, 
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. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9068.

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-
9068; 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: George Garrido, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification 
Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 
562-627-5232; fax: 562-627-5210; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to certain The Boeing Company 
Model 737-300, -400, and -500 series airplanes. The NPRM published in 
the Federal Register on September 8, 2016 (81 FR 62022) (``the NPRM''). 
The NPRM was prompted by reports of cracks in the horizontal stabilizer 
lower skins. The NPRM proposed to require inspections for cracking of 
the horizontal stabilizer lower skin, including repetitive inspections, 
as applicable, and corrective actions if necessary; and also proposed 
actions that would terminate certain repetitive inspections. We are 
issuing this AD to detect and correct cracks in horizontal stabilizer 
lower skins resulting in reduced local stiffness of the horizontal 
stabilizer, which can cause heavy vibration leading to loss of 
structural integrity of the horizontal stabilizer.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM and 
the FAA's response to each comment.

Support for the NPRM

    Boeing expressed support for the NPRM.

Request To Revise Repair Instructions

    All Nippon Airways (ANA) requested that we revise paragraphs (h)(1) 
and (h)(3) of the proposed AD to state ``repair common to the rear spar 
lower chord between station (STA) 83.50 and STA 249.10,'' instead of 
``repair.'' ANA stated that there might be a repair installed on the 
lower skin of the horizontal stabilizer that is not addressed in Boeing 
Special Attention Service Bulletin 737-55-1059, Revision 1, dated April 
6, 2016 (``SASB 737-55-1059 R1''). ANA explained that some structural 
repair manual repairs and external doublers are not applicable to the 
inspection area specified in SASB 737-55-1059 R1.
    We agree with ANA's request. Specifying the location of the 
applicable repairs may reduce potential confusion. Therefore, we have 
revised paragraphs (h)(1), (h)(2), and (h)(3) of this AD to specify the 
location of the applicable repairs.

Request To Clarify Fastener Requirements

    ANA requested that we clarify the fastener requirements. ANA stated 
that figure 3 in Boeing Special Attention Service Bulletin 737-55-1059, 
dated September 10, 1998, specifies to use blind rivets and Hi-lok 
fasteners; however, compliance table 2, note (b), in SASB 737-55-1059 
R1, states that doublers installed with solid rivets do not need to be 
inspected for any loose or missing fasteners. ANA explained that Boeing 
told ANA that Hi-lok fasteners do not require inspection for any loose 
or missing fasteners.
    We agree to clarify the fastener requirements. We infer that ANA is 
requesting that we update paragraph (h) of this AD to specify that Hi-
lok fasteners do not require inspection. We have determined that Hi-lok 
fasteners do not require inspection. Therefore, we have added paragraph 
(i)(3) to this AD to specify that where SASB 737-55-1059 R1 specifies 
that doublers installed with solid rivets do not need to be inspected 
for loose or missing fasteners, this AD does not require doublers 
installed with solid rivets or Hi-lok fasteners to be inspected for 
loose or missing fasteners. We have also revised paragraph (h)(1) of 
this AD to reference this exception.

Request To Revise Configuration Description

    ANA requested that we revise paragraph (h) of the proposed AD to 
refer to the horizontal stabilizer configuration with the applicable 
repair installed side only. ANA asserted that the wording of paragraph 
(h) of the proposed AD could be interpreted to require inspection of 
both the repaired and unrepaired sides of the horizontal stabilizer.
    We agree with ANA's request. The wording in the proposed AD is not 
clear regarding what is required if an airplane has left and right 
stabilizers that are different configurations. For example, the left-
side stabilizer may have a repair installed common to the rear spar 
lower chord (configuration 2), whereas the right side may not have a 
repair (configuration 1). We have revised the affected airplanes in 
paragraph (g) of this AD from ``Group 1, Configuration 1,

[[Page 15285]]

airplanes'' to ``any Configuration 1 horizontal stabilizer on Group 1 
airplanes''. We have revised the affected products in paragraph (h) of 
this AD from ``Group 1, Configuration 2, airplanes'' to ``any 
Configuration 2 horizontal stabilizer on Group 1 airplanes.''

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing the Supplemental 
Type Certificate (STC) ST01219SE does not affect the actions specified 
in the NPRM.
    We concur with the commenter. We have redesignated paragraph (c) of 
the proposed AD as paragraph (c)(1) of this AD and added paragraph 
(c)(2) to this AD to state that installation of STC ST01219SE does not 
affect the ability to accomplish the actions required by this final 
rule. Therefore, for airplanes on which STC ST01219SE is installed, a 
``change in product'' AMOC approval request is not necessary to comply 
with the requirements of 14 CFR 39.17.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the changes described previously and minor editorial 
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed SASB 737-55-1059 R1. The service information describes 
procedures for doing inspections of the horizontal stabilizer lower 
skin, and repairs. The service information also describes procedures 
for doing actions that would terminate certain repetitive inspections. 
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 270 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                             Parts                              Cost on U.S.
              Action                      Labor cost          cost      Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspection........................  4 work-hours x $85            $0  $340 per inspection   $91,800 per
                                     per hour = $340 per               cycle.                inspection cycle.
                                     inspection cycle.
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                                      Estimated Costs for Optional Actions
----------------------------------------------------------------------------------------------------------------
                                                                           Parts
                  Action                            Labor cost              cost          Cost per product
----------------------------------------------------------------------------------------------------------------
Modification.............................  Up to 51 work-hours per            $721  Up to $5,056 per stabilizer.
                                            stabilizer x $85 per hour =
                                            $4,335.
----------------------------------------------------------------------------------------------------------------

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

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                           Parts
                  Action                            Labor cost              cost          Cost per product
----------------------------------------------------------------------------------------------------------------
Skin splice repair.......................  Up to 438 work-hours x $85           $0  Up to $37,230.
                                            per hour = $37,230.
External doubler repair..................  26 work-hours x $85 per hour          0  $2,210.
                                            = $2,210.
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Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    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.

[[Page 15286]]

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 adding the following new airworthiness 
directive (AD):

2017-06-14 The Boeing Company: Amendment 39-18838; Docket No. FAA-
2016-9068; Directorate Identifier 2016-NM-067-AD.

(a) Effective Date

    This AD is effective May 2, 2017.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to The Boeing Company Model 737-300, -400, 
and -500 series airplanes, certificated in any category, as 
identified in Boeing Special Attention Service Bulletin 737-55-1059, 
Revision 1, dated April 6, 2016 (``SASB 737-55-1059 R1'').
    (2) Installation of Supplemental Type Certificate (STC) 
ST01219SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/
rgstc.nsf/0/ebd1cec7b301293e86257cb30045557a/$FILE/ST01219SE.pdf) 
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 55; Horizontal 
stabilizer.

(e) Unsafe Condition

    This AD was prompted by reports of cracks in horizontal 
stabilizer lower skins. We are issuing this AD to detect and correct 
cracks in horizontal stabilizer lower skins, resulting in reduced 
local stiffness of the stabilizer, which can cause heavy vibration 
leading to loss of structural integrity of the horizontal 
stabilizer.

(f) Compliance

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

(g) Inspections, Related Investigative Actions, and Corrective Actions 
for Configuration 1 Horizontal Stabilizers on Group 1 Airplanes

    For any Configuration 1 horizontal stabilizer on Group 1 
airplanes, as identified in SASB 737-55-1059 R1: Except as specified 
in paragraph (i)(1) of this AD, at the applicable time specified in 
paragraph 1.E., ``Compliance,'' of SASB 737-55-1059 R1, do a 
detailed inspection for cracking of the horizontal stabilizer lower 
skin; and do all applicable related investigative and corrective 
actions; in accordance with the Accomplishment Instructions of SASB 
737-55-1059 R1, except as specified in paragraph (i)(2) of this AD. 
Do all applicable related investigative and corrective actions 
before further flight. Repeat the inspection of the horizontal 
stabilizer lower skin, if applicable, thereafter at the applicable 
intervals specified in paragraph 1.E., ``Compliance,'' of SASB 737-
55-1059 R1. Options specified in SASB 737-55-1059 R1 for 
accomplishing the inspections are acceptable for the corresponding 
requirements of this paragraph provided that the inspections are 
done at the applicable times in paragraph 1.E., ``Compliance,'' of 
the SASB 737-55-1059 R1.

(h) Inspections, Related Investigative Actions, and Corrective Actions 
for Configuration 2 Horizontal Stabilizers on Group 1 Airplanes

    For any Configuration 2 horizontal stabilizer on Group 1 
airplanes, as identified in SASB 737-55-1059 R1: Except as specified 
in paragraph (i)(1) of this AD, at the applicable time specified in 
paragraph 1.E., ``Compliance,'' of SASB 737-55-1059 R1, do the 
actions specified in paragraphs (h)(1), (h)(2), and (h)(3) of this 
AD; and do all applicable related investigative and corrective 
actions; in accordance with the Accomplishment Instructions of SASB 
737-55-1059 R1, except as specified in paragraph (i)(2) of this AD. 
Do all applicable related investigative and corrective actions 
before further flight. Repeat the inspections specified in 
paragraphs (h)(1), (h)(2), and (h)(3) of this AD, if applicable, 
thereafter at the applicable intervals specified in paragraph 1.E., 
``Compliance,'' of SASB 737-55-1059 R1. Options specified in SASB 
737-55-1059 R1, for accomplishing the inspections are acceptable for 
the corresponding requirements of this paragraph provided that the 
inspections are done at the applicable times in paragraph 1.E., 
``Compliance,'' of SASB 737-55-1059 R1.
    (1) Do a high frequency eddy current inspection for cracking of 
the skin around any repair common to the rear spar lower chord 
between station (STA) 83.50 and STA 249.10 which was done as 
specified in the structural repair manual or any external doubler 
repair, and a detailed inspection for any loose or any missing 
fastener of repaired doublers, except as specified in paragraph 
(i)(3) of this AD.
    (2) Do a detailed inspection for cracking of the inspar lower 
skin between STA 83.50 and STA 249.10, except in areas repaired 
common to the rear spar lower chord.
    (3) Do a low frequency eddy current inspection for cracking of 
the forward fastener row of any external doubler repair common to 
the rear spar lower chord between STA 83.50 and STA 249.10.

(i) Service Information Exceptions

    (1) Where SASB 737-55-1059 R1 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) If any cracking, corrosion, hole elongation, or loose or 
missing fastener is found during any inspection required by this AD, 
and SASB 737-55-1059 R1 specifies to contact Boeing for repair 
instructions: Before further flight, repair the cracking, corrosion, 
hole elongation, loose or missing fasteners using a method approved 
in accordance with the procedures specified in paragraph (j) of this 
AD.
    (3) Where SASB 737-55-1059 R1 specifies that doublers installed 
with solid rivets do not need to be inspected for loose or missing 
fasteners, this AD does not require doublers installed with solid 
rivets or Hi-lok fasteners to be inspected for loose or missing 
fasteners.

(j) 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 (k) 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.

(k) Related Information

    For more information about this AD, contact George Garrido, 
Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles ACO, 
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5232; fax: 562-627-5210; email: [email protected].

(l) 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 Special Attention Service Bulletin 737-55-1059, 
Revision 1, dated April 6, 2016.
    (ii) Reserved.
    (3) For Boeing service information identified in this AD, 
contact Boeing

[[Page 15287]]

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.
    (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 March 16, 2017.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-05768 Filed 3-27-17; 8:45 am]
 BILLING CODE 4910-13-P