[Federal Register Volume 82, Number 146 (Tuesday, August 1, 2017)]
[Rules and Regulations]
[Pages 35628-35630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15477]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2017-0330; Directorate Identifier 2017-NM-016-AD;
Amendment 39-18972; AD 2017-15-12]
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 an evaluation by the design approval holder (DAH)
indicating that the lower skin at the skin lap splice lower fastener
row is subject to widespread fatigue damage (WFD). This AD requires
repetitive inspections for cracking in the skin lap splice at the lower
fastener row, and repair if necessary. We are issuing this AD to
address the unsafe condition on these products.
DATES: This AD is effective September 5, 2017.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September 5,
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. Boeing Alert Service Bulletin 737-53A1365,
dated January 23, 2017, is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0330.
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-
0330; 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 final rule, 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: James Guo, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification
Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone:
562-627-5357; 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
[[Page 35629]]
Federal Register on May 1, 2017 (82 FR 20288). The NPRM was prompted by
an evaluation by the DAH indicating that the lower skin at the skin lap
splice lower fastener row is subject to WFD. The NPRM proposed to
require repetitive inspections for cracking in the skin lap splice at
the lower fastener row, and repair if necessary.
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.
Supportive Comment
Boeing stated that it concurred with the NPRM.
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 request. 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 final rule with the change 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 NPRM.
We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.
Related Service Information Under 1 CFR Part 51
We reviewed Boeing Alert Service Bulletin 737-53A1365, dated
January 23, 2017. The service information describes procedures for eddy
current inspections for cracking at the skin lap splice in the lower
fastener row, and repair if necessary. 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 126 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:
Estimated Costs
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Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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Inspection................. 84 work-hours x $85 $0 $7,140 per inspection $899,640 per
per hour = $7,140 cycle. inspection cycle.
per inspection cycle.
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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
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 adding the following new airworthiness
directive (AD):
2017-15-12 The Boeing Company: Amendment 39-18972; Docket No. FAA-
2017-0330; Directorate Identifier 2017-NM-016-AD.
(a) Effective Date
This AD is effective September 5, 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,
[[Page 35630]]
as identified in Boeing Alert Service Bulletin 737-53A1365, dated
January 23, 2017.
(2) Installation of Supplemental Type Certificate (STC)
ST01219SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/EBD1CEC7B301293E86257CB30045557A?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 an evaluation by the design approval
holder indicating that the lower skin at the skin lap splice lower
fastener row is subject to widespread fatigue damage. We are issuing
this AD to detect and correct cracks in the lower skin, which, if
not detected, could link up, resulting in reduced structural
integrity of the airplane and consequent uncontrolled decompression
of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Repetitive Inspections
Except as provided by paragraph (i) of this AD, at the
applicable time specified in paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin 737-53A1365, dated January 23, 2017:
Do external eddy current inspections at stringer S-14 on the left
and right sides of the airplane (S-14L and S-14R) for any crack in
the skin lap splice at the lower fastener row, in accordance with
the Accomplishment Instructions of Boeing Alert Service Bulletin
737-53A1365, dated January 23, 2017. Repeat the inspections
thereafter at the applicable times specified in paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 737-53A1365, dated
January 23, 2017.
(h) Repair
If any crack is found during any inspection required by
paragraph (g) of this AD, repair before further flight using a
method approved in accordance with the procedures specified in
paragraph (j) of this AD. Although Boeing Alert Service Bulletin
737-53A1365, dated January 23, 2017, specifies to contact Boeing for
appropriate action and specifies that action as ``RC'' (Required for
Compliance), this AD requires repair as specified in this paragraph.
(i) Exceptions to Service Information Specifications
(1) Where Boeing Alert Service Bulletin 737-53A1365, dated
January 23, 2017, specifies a compliance time ``after the original
issue date of this service bulletin,'' this AD requires compliance
within the specified compliance time after the effective date of
this AD.
(2) The Condition column of Table 1 and Table 2 of paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-53A1365,
dated January 23, 2017, refers to total flight cycles ``at the
original issue date of this service bulletin.'' This AD, however,
applies to the airplanes with the specified total flight cycles as
of the effective date of this AD.
(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.
(4) Except as required by paragraph (h) of this AD: For service
information that contains steps that are labeled as Required for
Compliance (RC), the provisions of paragraphs (j)(4)(i) and
(j)(4)(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.
(k) Related Information
For more information about this AD, contact James Guo, Aerospace
Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles ACO, 3960
Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5357;
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 Alert Service Bulletin 737-53A1365, dated January 23,
2017.
(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 July 14, 2017.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-15477 Filed 7-31-17; 8:45 am]
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