[Federal Register Volume 82, Number 206 (Thursday, October 26, 2017)]
[Rules and Regulations]
[Pages 49494-49498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22950]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0332; Product Identifier 2016-NM-164-AD; Amendment 
39-19084; AD 2017-22-04]
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 737-200, -200C, -300, -400, and -500 series 
airplanes. This AD was prompted by reports of skin doublers that 
disbonded from their skin panels. This AD requires repetitive 
inspections of fuselage skin panels, and applicable on-condition 
actions. We are issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective November 30, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 30, 
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 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-
0332.

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-
0332; 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

[[Page 49495]]

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 certain The Boeing Company 
Model 737-200, -200C, -300, -400, and -500 series airplanes. The NPRM 
published in the Federal Register on May 2, 2017 (82 FR 20450). The 
NPRM was prompted by reports of skin doublers that disbonded from their 
skin panels. The NPRM proposed to require repetitive inspections of 
fuselage skin panels, and applicable on-condition actions. We are 
issuing this AD to detect and correct disbonded skin panels, which 
could result in fuselage skin cracking, rapid decompression, and loss 
of structural integrity of the airplane.

Comments

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

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing Supplemental 
Type Certificate (STC) ST01219SE does not affect the ability to 
accomplish the actions specified in the NPRM.
    We concur with the commenter. We have redesignated paragraph (c) of 
the proposed AD as paragraph (c)(1) 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 methods of compliance (AMOC) approval request is not 
necessary to comply with the requirements of 14 CFR 39.17.

Request To Revise ``Explanation of Certain Compliance Times'' Section

    Boeing requested that the ``Explanation of Certain Compliance 
Times'' section in the preamble of the NPRM be revised to clarify that 
only disbonded skin panels need to be replaced. Boeing noted that, if a 
panel is disbonded, it is considered a suspect panel that went through 
improper processing during the phosphoric acid anodization phase of 
manufacturing. Boeing stated that the suspect panel could develop an 
additional disbond, which could lead to further damage, and then the 
inspections described in the service information might not be adequate.
    We acknowledge the commenter's request to clarify that only 
disbonded skin panels need to be replaced, for the reasons provided by 
the commenter. We agree with the rationale for the request. However, 
the ``Explanation of Certain Compliance Times'' section only appears in 
the preamble of the NPRM and is not carried over into this final rule; 
therefore, no change to this final rule is necessary regarding this 
issue.

Request To Include Previously Accomplished Actions as Terminating 
Actions

    Qantas requested that we include previously accomplished repairs as 
terminating actions in paragraph (i) of the proposed AD. Qantas 
requested that paragraph (i) of the proposed AD be revised to include a 
provision for previously installed repairs (solid skin panel 
replacements) that were approved by an authorized representative of the 
Boeing Commercial Airplanes Organization Designation Authorization 
(ODA) via FAA Form 8110-3, ``Statement of Compliance with the Federal 
Aviation Regulations.'' Qantas stated that Boeing ODA-approved repairs 
completed prior to issuance of Boeing Alert Service Bulletin 737-
53A1349, dated August 23, 2016, were not addressed in the NPRM. Qantas 
also suggested that solid skin panel replacements approved via FAA Form 
8100-9, ``Statement of Compliance with Airworthiness Standards,'' be 
included as terminating action. Qantas stated that including skin panel 
replacements approved via FAA Form 8100-9 as terminating action could 
help avoid operators' requests for AMOCs. In addition, Qantas 
recommended that the language used for approved repairs by an 
authorized representative of the Boeing ODA be revised, as it is not 
specific to FAA Form 8110-3 or FAA Form 8100-9.
    We agree with the commenter's request. Paragraph (i)(1) of this AD 
(paragraph (i) of the proposed AD) addresses previously installed 
repairs approved by an authorized representative of the Boeing ODA. 
Existing Boeing ODA-approved repairs or preventative modifications are 
included in notes in Part 1, Part 2, and Part 8 of the Accomplishment 
Instruction and in note (a) to tables 1 through 8 in paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 737-53A1349, dated 
August 23, 2016. Note (a) states, ``If any Boeing ODA approved 
preventative modification or repair was previously installed via FAA 
Form 8100-9 or [structural repair manual] SRM repair doubler (except 
disbond repair), initial and repeat inspections are not required at the 
repaired location only.''
    However, repairs that were not approved by the Boeing ODA and 
replacements not done using Boeing Alert Service Bulletin 737-53A1349, 
dated August 23, 2016, were not addressed in the proposed AD. 
Therefore, we have redesignated paragraph (i) (in the proposed AD) as 
paragraph (i)(1) and added paragraph (i)(2) to this AD to state that 
any skin panel replacement done before the effective date of this AD 
terminates the inspections required by paragraph (g) of this AD for 
that skin panel only, provided the replacement was done using a skin 
panel manufactured on or after April 1, 1997, and the replacement was 
done using an FAA-approved method. A replacement accomplished using an 
FAA-approved method would still address the unsafe condition and the 
need for the inspections required by paragraph (g) of this AD would be 
terminated.
    We have also added paragraph (i)(3) to this AD to state that any 
FAA-approved reinforced repair doubler (except disbond repair) 
installed before the effective date of this AD terminates the 
inspections required by paragraph (g) of this AD at the repaired 
location only.

Request To Allow Termination of All Inspections

    Southwest Airlines (SWA) requested that we allow the terminating 
action specified in paragraph (i) of the proposed AD to terminate the 
initial inspections in paragraph (g) of the proposed AD and not only 
the repetitive inspections in paragraph (g) of the proposed AD. 
Specifically, SWA requested that paragraph (i) of the proposed AD be 
revised to include the provision that replacement of any skin panel in 
accordance with the Accomplishment Instructions of Boeing Alert Service 
Bulletin 737-53A1349, dated August 23, 2016, except as specified in 
paragraph (h)(2) of the proposed AD, terminates the requirement for the 
initial inspection specified in paragraph (g) of the proposed AD, for 
the replaced skin panel only. SWA noted that an operator could replace 
a skin panel prior to doing

[[Page 49496]]

the initial inspection specified in paragraph (g) of the proposed AD, 
therefore the operator would not be required to do the initial or 
repetitive inspections specified in paragraph (g) of the proposed AD.
    We agree with the commenters' requests. We have clarified paragraph 
(i)(1) of this AD (paragraph (i) of the proposed AD) to state that 
accomplishment of any skin panel replacement using a skin panel 
manufactured on or after April 1, 1997, terminates the inspections 
required by paragraph (g) of this AD for that skin panel only, provided 
the replacement is done as specified in the Accomplishment Instructions 
of Boeing Alert Service Bulletin 737-53A1349, dated August 23, 2016, 
except as required by paragraph (h)(2) of this AD.

Request To Include an Additional Terminating Action for AD 2003-14-06

    SWA requested that paragraph (j) of the proposed AD be revised to 
include a provision that replacement of skin panels, in accordance with 
the Accomplishment Instructions of Boeing Alert Service Bulletin 737-
53A1349, dated August 23, 2016, except as required by paragraph (h)(2) 
of the proposed AD, terminates all of the requirements of AD 2003-14-
06, Amendment 39-13225 (68 FR 40759, July 9, 2003; corrected July 21, 
2003 (68 FR 42596) (``AD 2003-14-06'')). SWA noted that an operator 
could replace a skin panel prior to doing the initial inspection 
specified in paragraph (g) of the proposed AD; therefore, the operator 
would not be required to do the initial or repetitive inspections 
specified in paragraph (g) of the proposed AD, and all of the 
requirements of AD 2003-14-06 would be terminated.
    We agree with the commenter's request. We redesignated paragraph 
(j) in the proposed AD as paragraph (j)(1) and added paragraph (j)(2) 
to this AD to include a statement that replacement of any skin panel 
with a skin panel manufactured on or after April 1, 1997, as specified 
in the Accomplishment Instructions of Boeing Alert Service Bulletin 
737-53A1349, dated August 23, 2016, except as required by paragraph 
(h)(2) of this AD, terminates all of the requirements of AD 2003-14-06 
for that skin panel only.

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 Alert Service Bulletin 737-53A1349, dated August 
23, 2016. The service information describes procedures for repetitive 
inspections of fuselage skin panels for cracking, corrosion, and 
existing disbond repairs; and applicable on-condition actions. 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 169 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
----------------------------------------------------------------------------------------------------------------
External general visual and        180 work-hours x                 $0  $15,300 per          $2,585,700 per
 detailed inspections.              $85 per hour =                       inspection cycle.    inspection cycle.
                                    $15,300 per
                                    inspection cycle.
External high frequency bond test  450 work hours x                  0  $38,250 inspection   $6,464,250 per
 inspection.                        $85 per hour =                       cycle.               inspection cycle.
                                    $38,250 per
                                    inspection cycle.
Ultrasonic disbond inspection and  630 work-hours x                  0  $53,550 per          $9,049,950 per
 internal detailed skin             $85 per hour =                       inspection cycle.    inspection cycle.
 inspection.                        $53,550 per
                                    inspection cycle.
----------------------------------------------------------------------------------------------------------------

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

                                        On-Condition Costs per Skin Panel
----------------------------------------------------------------------------------------------------------------
              Action                       Labor cost                Parts cost             Cost per product
----------------------------------------------------------------------------------------------------------------
On-condition inspections.........  Up to 25 work-hours x $85  $0......................  Up to $2,125.
                                    per hour = $2,125.
Repairs..........................  Up to 68 work-hours x $85  Up to $100..............  Up to $5,880.
                                    per hour = $5,780.
Skin panel replacement...........  304 work-hours x $85 per   $95,000.................  $120,840.
                                    hour = $25,840.
----------------------------------------------------------------------------------------------------------------

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

[[Page 49497]]

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):

2017-22-04 The Boeing Company: Amendment 39-19084; Docket No. FAA-
2017-0332; Product Identifier 2016-NM-164-AD.

(a) Effective Date

    This AD is effective November 30, 2017.

(b) Affected ADs

    This AD affects AD 2003-14-06, Amendment 39-13225 (68 FR 40759, 
July 9, 2003; corrected July 21, 2003 (68 FR 42956)) (``AD 2003-14-
06'').

(c) Applicability

    (1) This AD applies to The Boeing Company Model 737-200, -200C, 
-300, -400, and -500 series airplanes, certificated in any category, 
as identified in Boeing Alert Service Bulletin 737-53A1349, dated 
August 23, 2016.
    (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 reports of skin doublers that disbonded 
from their skin panels. We are issuing this AD to detect and correct 
disbonded skin panels, which could result in fuselage skin cracking, 
rapid decompression, and loss of structural integrity of the 
airplane.

(f) Compliance

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

(g) Actions Required for Compliance

    Except as required by paragraph (h) of this AD: Do all 
applicable actions identified as required for compliance (``RC'') 
in, and in accordance with, the Accomplishment Instructions of 
Boeing Alert Service Bulletin 737-53A1349, dated August 23, 2016. Do 
the actions at the applicable times specified in paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 737-53A1349, dated 
August 23, 2016.

(h) Exceptions to Service Information Specifications

    (1) Where Boeing Alert Service Bulletin 737-53A1349, dated 
August 23, 2016, uses the phrase ``after the original issue of this 
service bulletin,'' for purposes of determining compliance with the 
requirements of this AD, the phrase ``after the effective date of 
this AD'' must be used.
    (2) Where Boeing Alert Service Bulletin 737-53A1349, dated 
August 23, 2016, specifies contacting Boeing for instructions, and 
specifies that action as ``RC'' (Required for Compliance): This AD 
requires using a method approved in accordance with the procedures 
specified in paragraph (k) of this AD.
    (3) For replaced skin panels identified in table 9 of paragraph 
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-53A1349, 
dated August 23, 2016, on which the one-time internal inspection 
specified in Boeing Service Bulletin 737-53-1179, Revision 2, dated 
October 25, 2001, has not been done: The compliance time for 
accomplishment of the actions specified in Part 8 of the 
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
53A1349, dated August 23, 2016, is at the latest of the times 
specified in paragraphs (h)(3)(i), (h)(3)(ii), and (h)(3)(iii) of 
this AD.
    (i) Within 50,000 flight cycles after the skin panel 
replacement.
    (ii) Within 20,000 flight cycles after July 14, 2003 (the 
effective date of AD 2003-14-16).
    (iii) Within 4,500 flight cycles after the effective date of 
this AD.

(i) Terminating Action for Required Inspections

    (1) Accomplishment of any skin panel replacement using a skin 
panel manufactured on or after April 1, 1997, terminates the 
inspections required by paragraph (g) of this AD for that skin panel 
only, provided the replacement is done as specified in the 
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
53A1349, dated August 23, 2016, except as required by paragraph 
(h)(2) of this AD.
    (2) Accomplishment of any skin panel replacement done before the 
effective date of this AD terminates the inspections required by 
paragraph (g) of this AD for that skin panel only, provided the 
conditions specified in paragraphs (i)(2)(i) and (i)(2)(ii) of this 
AD are met.
    (i) The replacement was done using a skin panel manufactured on 
or after April 1, 1997.
    (ii) The replacement was done using an FAA-approved method.
    (3) Installation of an FAA-approved reinforced repair doubler 
(except disbond repair) before the effective date of this AD 
terminates the inspections required by paragraph (g) of this AD at 
the repaired location only.

(j) Terminating Action for AD 2003-14-06

    (1) Accomplishment of the initial inspections required by 
paragraph (g) of this AD terminates all requirements of AD 2003-14-
06.
    (2) Accomplishment of any skin panel replacement with a skin 
panel manufactured on or after April 1, 1997, as specified in the 
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
53A1349, dated August 23, 2016, except as required by paragraph 
(h)(2) of this AD, terminates all requirements of AD 2003-14-06 for 
that skin panel only.

(k) 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 (l) of this AD. Information may 
be emailed to: [email protected].

[[Page 49498]]

    (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) Except as required by paragraph (h)(2) of this AD: For 
service information that contains steps that are labeled as Required 
for Compliance (RC), the provisions of paragraphs (k)(4)(i) and 
(k)(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.

(l) Related Information

    For more information about this AD, contact Jennifer 
Tsakoumakis, 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].

(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 737-53A1349, dated August 23, 
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 
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 October 11, 2017.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2017-22950 Filed 10-25-17; 8:45 am]
 BILLING CODE 4910-13-P