[Federal Register Volume 82, Number 117 (Tuesday, June 20, 2017)]
[Rules and Regulations]
[Pages 27977-27979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12175]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9188; Directorate Identifier 2016-NM-102-AD; 
Amendment 39-18920; AD 2017-12-05]
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) 2007-26-04 for 
certain The Boeing Company Model 737-100, -200, -200C, -300, -400, and 
-500 series airplanes. AD 2007-26-04 required repetitive inspections 
for cracking of certain fasteners, and repair if necessary; and a 
preventive modification, which terminated the repetitive inspections. 
This AD removes the mandatory modification; adds repetitive inspections 
of the skin for cracking, a one-time inspection for defects of the 
production countersunk rivets, and corrective actions if necessary; and 
adds an optional skin trim-out repair, which will terminate certain 
inspections. This AD was prompted by an evaluation by the design 
approval holder (DAH) indicating that certain skin panels are subject 
to widespread fatigue damage (WFD). We are issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective July 25, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 25, 
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-
9188.

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-
9188; 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: 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: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to supersede AD 2007-26-04, Amendment 39-15306 (72 FR 71216, 
December 17, 2007) (``AD 2007-26-04''). AD 2007-26-04 applied to 
certain Boeing Model 737-100, -200, -200C, -300, -400, and -500 series 
airplanes. The NPRM published in the Federal Register on October 20, 
2016 (81 FR 72554) (``the NPRM''). The NPRM was prompted by an 
evaluation by the DAH indicating that the forward skin panel at the 
station (STA) 259.5 circumferential butt splice between stringers 19L 
and 24L is subject to WFD. The NPRM proposed to continue to require 
repetitive inspections for cracking around the heads of the fasteners 
on the forward fastener row in certain areas of a certain 
circumferential butt splice, and repair if necessary. The NPRM also 
proposed to add repetitive inspections of the skin for cracking at the 
aft fastener column, and a one-time inspection for defects in the 
production countersunk rivets, and corrective actions if necessary; and 
add an optional skin trim-out repair, which would terminate certain 
inspections. We are issuing this AD to prevent cracking of the STA 
259.5 circumferential butt splice, which could result in loss of 
structural integrity of the fuselage skin and possible loss of cabin 
pressure.

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.

Request To Revise Terminating Action

    Southwest Airlines (SWA) requested that we revise paragraph (i) of 
the proposed AD to specify that doing the optional repairs terminates 
the initial and repetitive inspections instead of just the repetitive 
inspections. SWA stated that if a terminating repair were installed 
prior to the initial inspection, there is no justification for either 
the initial or repetitive inspections.
    We agree with SWA's request. We have revised paragraph (i) of this 
AD to specify that the terminating repairs are applicable to both the 
initial and repetitive inspections.

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 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.

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:

[[Page 27978]]

     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 Boeing Alert Service Bulletin 737-53A1267, Revision 1, 
dated March 8, 2016 (``ASB 737-53A1267, R1''). The service information 
describes procedures for detailed inspections and high frequency eddy 
current (HFEC) surface inspections of the skin around the fastener 
heads for any crack on the forward and aft fastener columns, left and 
right sides, at STA 259.5 circumferential butt splice; a detailed 
inspection for any defect of the production countersunk rivet heads on 
both forward and aft fastener columns, left and right sides, at the STA 
259.5 circumferential butt splice; and corrective actions, including a 
skin trim-out repair and other repairs. 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 115 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
----------------------------------------------------------------------------------------------------------------
Inspections......................  28 work-hours x $85            $0  $2,380 per            $273,700 per
                                    per hour = $2,380                  inspection cycle.     inspection cycle.
                                    per inspection
                                    cycle.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
cost estimates for the optional skin-trim-out repair specified in this 
AD.
    We have received no definitive data that would enable us to provide 
cost estimates 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 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) 
2007-26-04, Amendment 39-15806 (72 FR 71216, December 17, 2007), and 
adding the following new AD:

2017-12-05 The Boeing Company: Amendment 39-18920; Docket No. FAA-
2016-9188; Directorate Identifier 2016-NM-102-AD.

(a) Effective Date

    This AD is effective July 25, 2017.

(b) Affected ADs

    This AD replaces AD 2007-26-04, Amendment 39-15306 (72 FR 71216, 
December 17, 2007) (``AD 2007-26-04'').

(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-
53A1267, Revision 1, dated March 8, 2016 (``ASB 737-53A1267, 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 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by an evaluation by the design approval 
holder indicating that the forward skin panel at the station (STA) 
259.5 circumferential butt splice between stringers 19L and 24L is 
subject to widespread fatigue damage. We are issuing this AD to 
prevent cracking of the STA 259.5 circumferential butt splice, which 
could result in loss of structural integrity of the fuselage skin 
and possible loss of cabin pressure.

(f) Compliance

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

[[Page 27979]]

(g) Actions for Group 2 Airplanes

    For airplanes identified as Group 2 in ASB 737-53A1267, R1: 
Within 120 days after the effective date of this AD, inspect the 
airplane and do all applicable corrective actions using a method 
approved in accordance with the procedures specified in paragraph 
(k) of this AD.

(h) Inspections for Group 1 Airplanes

    For airplanes identified as Group 1 in ASB 737-53A1267, R1: 
Except as specified in paragraph (j)(1) of this AD, at the 
applicable time specified in paragraph 1.E. ``Compliance'' of ASB 
737-53A1267, R1, do the applicable actions specified in paragraphs 
(h)(1) and (h)(2) of this AD; and do all applicable corrective 
actions; in accordance with the Accomplishment Instructions of ASB 
737-53A1267, R1, except as specified in paragraph (j)(2) of this AD 
and as provided by paragraph (i) of this AD. Do all applicable 
corrective actions before further flight. Repeat the applicable 
inspections specified in paragraph (h)(1) of this AD thereafter at 
the applicable intervals specified paragraph 1.E., ``Compliance,'' 
of ASB 737-53A1267, R1, except as provided by paragraph (i) of this 
AD.
    (1) Do detailed inspections and high frequency eddy current 
(HFEC) surface inspections of the skin around the fastener heads for 
any crack on the forward and aft fastener columns, left and right 
sides, at STA 259.5 circumferential butt splice, in accordance with 
Parts 1, 2, 6, 7, 8, and 9 of the Accomplishment Instructions of ASB 
737-53A1267, R1, as applicable.
    (2) Do a one-time detailed inspection for any defect of the 
production countersunk rivet heads on both forward and aft fastener 
columns, left and right sides, at STA 259.5 circumferential butt 
splice, in accordance with Part 3 of the Accomplishment Instructions 
of ASB 737-53A1267, R1.

(i) Repairs That Terminate Inspections in Repair Areas

    (1) For airplanes identified as Group 1, Configuration 1, in ASB 
737-53A1267, R1: Doing the skin trim-out repair specified in Part 5 
of the Accomplishment Instructions of ASB 737-53A1267, R1, 
terminates the initial and repetitive inspections required by 
paragraph (h) of this AD that are specified in Part 1 of the 
Accomplishment Instructions of ASB 737-53A1267, R1, only; all other 
inspections required by paragraph (h) of this AD must be done, 
except as provided by paragraph (i)(2) of this AD.
    (2) For airplanes identified as Group 1, Configuration 1 in ASB 
737-53A1267, R1: Doing the skin repair specified in Part 4 of the 
Accomplishment Instructions of ASB 737-53A1267, R1, terminates the 
initial and repetitive inspections required by paragraph (h) of this 
AD that are specified in Part 1 and Part 2 of the Accomplishment 
Instructions of ASB 737-53A1267, R1, for the repaired area only; all 
other inspections required by paragraph (h) of this AD must be done, 
except as provided by paragraph (i)(1) of this AD.

(j) Exceptions to Service Information

    (1) Where paragraph 1.E., ``Compliance,'' of ASB 737-53A1267, 
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) Although ASB 737-53A1267, R1, specifies to contact Boeing 
for appropriate action, and specifies that action as ``RC'' 
(Required for Compliance), this AD requires repair before further 
flight using a method approved in accordance with the procedures 
specified in paragraph (k) of this AD.

(k) 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 (l) 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 previously for AD 2007-26-04 are approved as 
AMOCs for the corresponding provisions of this AD.
    (5) Except as required by paragraph (j)(2) of this AD: For 
service information that contains steps that are labeled as RC, the 
provisions of paragraphs (k)(5)(i) and (k)(5)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD. If a step or substep is labeled ``RC Exempt,'' then the 
RC requirement is removed from that step or substep. An AMOC is 
required for any deviations to RC steps, including substeps and 
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining approval of an AMOC, provided the RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition.

(l) Related Information

    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].

(m) 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 737-53A1267, Revision 1, dated 
March 8, 2016.
    (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-
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 June 2, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-12175 Filed 6-19-17; 8:45 am]
BILLING CODE 4910-13-P