[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Rules and Regulations]
[Pages 47367-47370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21445]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0243; Product Identifier 2016-NM-045-AD; Amendment 
39-19069; AD 2017-20-12]
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 all The 
Boeing Company Model 737-100, -200, and -200C series airplanes. This AD 
was prompted by a report of incidents involving fatigue cracking in 
transport category airplanes that are approaching or have exceeded 
their design service objective and a structural reevaluation that was 
conducted by the manufacturer. This AD requires revising the 
maintenance or inspection program, as applicable, to add supplemental 
inspections. This AD also requires inspections to detect cracks in each 
structural significant item (SSI), and repair of any cracked structure. 
We are issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective November 16, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 16, 
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 service information at the 
FAA, Transport Standards Branch, 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-2017-
0243.

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-
0243; 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: Jennifer Tsakoumakis, Aerospace 
Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 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 by adding an AD that would apply to all The Boeing Company 
Model 737-100, -200, and -200C series airplanes. The NPRM published in 
the Federal Register on March 27, 2017 (82 FR 15166) (``the NPRM''). 
The NPRM was prompted by a report of incidents involving fatigue 
cracking in transport category airplanes that are approaching or have 
exceeded their design service objective and a structural reevaluation 
that was conducted by the manufacturer. The NPRM proposed to require 
revising the maintenance or inspection program, as applicable, to add 
supplemental inspections and SSI discrepancy reporting. The NPRM also 
proposed inspections to detect cracks in each SSI, and repair of any 
cracked structure. We are issuing this AD to ensure the continued 
structural integrity of all The Boeing Company Model 737-100, -200, and 
-200C series airplanes.

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

    An anonymous commenter expressed support for the NPRM.

Request To Revise Program Designation

    Boeing requested that we revise ``maintenance or inspection 
program'' to ``maintenance inspection program'' in the proposed AD. 
Boeing stated that operators have a single program that relates to the 
Supplemental Structural Inspection Document (SSID).
    We do not agree with the commenter's request. Airplanes operating 
under 14 CFR part 91 have ``inspection programs'' while airplanes 
operating under 14 CFR part 121 have ``maintenance programs.'' The 
decision to use the wording ``maintenance or inspection program'' is 
intentional. We have not changed this AD in this regard.

Request To Revise Compliance Times

    Boeing requested that we revise the compliance time for the initial 
inspections in paragraphs (h)(1) and (h)(2) of the proposed AD from 
``before the accumulation of 66,000 total flight cycles, or within 12 
months after the effective date of this AD, whichever occurs later'' to 
before the accumulation of 66,000 total flight cycles, or at the next 
scheduled inspection as required

[[Page 47368]]

by AD 98-11-04 R1, Amendment 39-10984 (64 FR 987, January 7, 1999) 
(``AD 98-11-04 R1''), whichever occurs later.
    Boeing also requested that we revise the compliance time for the 
initial inspections in paragraph (h)(3) of the proposed AD from 
``before the accumulation of 46,000 total flight cycles, or within 12 
months after the effective date of this AD, whichever occurs later'' to 
before the accumulation of 46,000 total flight cycles, or at the next 
scheduled inspection as required by AD 2008-08-23, Amendment 39-15477 
(73 FR 21237, April 21, 2008) (``AD 2008-08-23''), whichever occurs 
later.
    We partially agree with the commenter's requests. We agree that a 
compliance time option of at the next required inspection should be 
added because operators who have airplanes with more than 66,000 total 
flight cycles (or more than 46,000 total flight cycles for SSIs 
affected by the 737-200C cargo configuration) and who have initiated 
SSI inspections would be required to accomplish an inspection within 12 
months in accordance with this AD, which may be earlier than the next 
repeat inspection required by the existing ADs. We disagree with the 
commenter's request to remove the 12 month grace period because 
operators who are very close to accomplishing an initial or repeat 
inspection required by AD 98-11-04 R1 or AD 2008-08-23 need time to 
incorporate the revised service information in their maintenance or 
inspection program. Because this AD is not superseding the existing 
SSID ADs, any initial or repeat inspection required by AD 98-11-04 R1 
or AD 2008-08-23 will still be required until the corresponding action 
in this AD is accomplished. We have revised paragraphs (h)(1), (h)(2), 
and (h)(3) of this AD to include a compliance time option of at the 
next required inspection.

Request To Address Repaired or Altered SSIs

    Boeing requested that we revise the proposed AD to include a 
paragraph that addresses any repair installed on an SSI such that the 
repair affects the operator's ability to accomplish inspections 
required by the proposed AD. Boeing suggested that we include wording 
similar to the wording in AD 2008-08-23, except that we make the 
actions applicable to a repair installed on an SSI at any time and not 
exclusive to repairs installed before the effective date of the AD.
    We agree with the commenter's request to revise this AD to include 
wording to address repairs or alterations on any SSI such that the 
repair or alteration affects the operator's ability to accomplish the 
inspections required by this AD. We have included paragraphs (i)(1) and 
(i)(2) in this AD. Paragraph (i)(1) of this AD requires repairs to SSI 
structure if cracks are found while accomplishing inspections in 
accordance with this AD and is similar to paragraph (i) of the proposed 
AD, except for the change described below under ``Change to Paragraph 
(i) of the Proposed AD.'' Paragraph (i)(2) is added to this AD to 
address repairs or alterations that affect the ability to inspect an 
SSI as required by this AD. If an operator finds a repaired or altered 
SSI such that the repair or alteration affects the operator's ability 
to accomplish the inspections required by this AD and the repair or 
alteration does not have alternative method of compliance (AMOC) 
approval in accordance with paragraph (l) of this AD, then paragraph 
(i)(2) of this AD will provide the operator an 18-month grace period 
after the compliance time to request an AMOC.

Change to Paragraph (i) of the Proposed AD

    Paragraph (i) of the proposed AD specifies to repair ``using a 
method approved in accordance with the procedures specified in 
paragraph (l) of this AD.'' We have changed the method of compliance 
language in paragraph (i)(1) of this AD to specify to repair ``using an 
FAA-approved method.'' Specifying an FAA-approved method will allow for 
FAA Designated Engineering Representatives (DERs) to approve repairs in 
addition to the Boeing Commercial Airplanes Organization Designation 
Authorization (ODA) and the Los Angeles ACO Branch as specified by the 
procedures in paragraph (l) of this AD. If an FAA DER has the 
appropriate structures delegation for major repairs on 14 CFR part 25 
airplanes, then the DER has the authority to approve these types of 
repairs.

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 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 final 
rule.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Document D6-37089, ``Supplemental Structural 
Inspection Document for Model 737-100/200/200C Airplanes,'' Revision F, 
dated November 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.

Costs of Compliance

    We estimate that this AD will affect 84 airplanes of U.S. registry. 
We estimate the following costs to comply with this 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          $7,140
 program.                                hour = $85.
----------------------------------------------------------------------------------------------------------------

    We have not specified cost estimates for the inspections and repair 
specified in this AD. Compliance with this AD constitutes a method of 
compliance with the FAA aging airplane safety final rule (AASFR) for 
certain baseline

[[Page 47369]]

structure of Model 737-100, -200, and -200C 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 AD will meet the requirements of these 
regulations for certain baseline structure. The costs for accomplishing 
the inspection portion of this AD were accounted for in the regulatory 
evaluation of the AASFR for airplanes affected by that rule. For 
airplanes not affected by the AASFR, we have received no definitive 
data that would enable us to provide cost estimates for the inspection 
portion of this AD.
    We estimate the following costs to do any necessary reporting that 
would be required based on the results of the inspections specified in 
the 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 AD is 2120-
0056. The paperwork cost associated with this 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 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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes to 
the Director of the System Oversight Division.

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):

2017-20-12 The Boeing Company: Amendment 39-19069; Docket No. FAA-
2017-0243; Product Identifier 2016-NM-045-AD.

(a) Effective Date

    This AD is effective November 16, 2017.

(b) Affected ADs

    This AD affects AD 98-11-04 R1, Amendment 39-10984 (64 FR 987, 
January 7, 1999) (``AD 98-11-04 R1''); and AD 2008-08-23, Amendment 
39-15477 (73 FR 21237, April 21, 2008) (``AD 2008-08-23'').

(c) Applicability

    This AD applies to all The Boeing Company Model 737-100, -200, 
and -200C series airplanes, certificated in any category.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report of incidents involving fatigue 
cracking in transport category airplanes that are approaching or 
have exceeded their design service objective and a structural 
reevaluation that was conducted by the manufacturer that identified 
additional structural elements that qualify as structural 
significant items (SSIs). We are issuing this AD to ensure the 
continued structural integrity of all The Boeing Company Model 737-
100, -200, and -200C series airplanes.

(f) Compliance

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

[[Page 47370]]

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

    Prior to reaching the compliance time specified in paragraph 
(h)(1), (h)(2), or (h)(3) of this AD, as applicable: 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 D6-37089, 
``Supplemental Structural Inspection Document for Model 737-100/200/
200C Airplanes,'' Revision F, dated November 2015 (``Document D6-
37089, Revision F''). The required DTR value for each SSI is listed 
in Document D6-37089, Revision F. 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 Document D6-37089, Revision F. 
Accomplishing the revision required by this paragraph terminates the 
actions required by paragraphs (a) and (b) of AD 98-11-04 R1, and 
paragraph (g) of AD 2008-08-23.

(h) Initial and Repetitive Inspections

    Perform an inspection in accordance with Document D6-37089, 
Revision F, to detect cracks of all structure identified in Document 
D6-37089, Revision F, at the time specified in paragraph (h)(1), 
(h)(2), or (h)(3) of this AD, as applicable. Repeat the inspection 
thereafter at the intervals specified in Document D6-37089, Revision 
F. Accomplishing an initial inspection required by this paragraph 
terminates the corresponding inspection required by paragraph (c) of 
AD 98-11-04 R1 and paragraph (h) of AD 2008-08-23.
    (1) For SSIs on Model 737-100 and -200 series airplanes: Before 
the accumulation of 66,000 total flight cycles, at the next 
inspection required by Note 5 of AD 98-11-04 R1 (Note 5 of AD 98-11-
04 R1 follows paragraph (c)(2) of AD 98-11-04 R1), or within 12 
months after the effective date of this AD, whichever occurs later.
    (2) For SSIs on Model 737-200C series airplanes not affected by 
cargo configuration: Before the accumulation of 66,000 total flight 
cycles, at the next inspection required by paragraph (h) of AD 2008-
08-23, or within 12 months after the effective date of this AD, 
whichever occurs later.
    (3) For SSIs on Model 737-200C series airplanes affected by 
cargo configuration: Before the accumulation of 46,000 total flight 
cycles, at the next inspection required by paragraph (h) of AD 2008-
08-23, or within 12 months after the effective date of this AD, 
whichever occurs later.

(i) Repairs and Alterations

    (1) If any cracked SSI structure is found during any inspection 
required by paragraph (h) of this AD, repair before further flight 
using an FAA-approved method or 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.
    (2) If any repair or alteration to an SSI is found during any 
inspection required by paragraph (h) of this AD such that the repair 
or alteration affects your ability to accomplish the inspections 
required by paragraph (h) of this AD, within 18 months after the 
inspection compliance time, incorporate a revision into the 
maintenance or inspection program, as applicable, to include a 
damage tolerance based alternative inspection program for each 
affected SSI. Thereafter, inspect the affected structure in 
accordance with the alternative inspection program. The inspection 
method and compliance times (i.e., threshold and repetitive 
intervals) of the alternative inspection program must be approved in 
accordance with the procedures specified in paragraph (l) of this 
AD. Accomplishing an initial inspection required by this paragraph 
terminates the corresponding inspection required by paragraph (i) of 
AD 2008-08-23.

(j) Terminating Action for Other ADs

    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 98-11-04 R1 and AD 2008-08-23.

(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 ACO Branch, 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 certification office, send it to the attention of 
the person identified in paragraph (m) 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 Branch, 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 98-11-04 R1 and AD 2008-08-23 are 
approved as AMOCs for the corresponding provisions of paragraphs (g) 
and (h) of this AD for the SSIs identified in the AMOC.

(m) Related Information

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

(n) 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 Document D6-37089, ``Supplemental Structural 
Inspection Document for Model 737-100/200/200C Airplanes,'' Revision 
F, dated November 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-
5600; telephone 562-797-1717; Internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport 
Standards Branch, 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 September 27, 2017.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2017-21445 Filed 10-11-17; 8:45 am]
 BILLING CODE 4910-13-P