[Federal Register Volume 82, Number 227 (Tuesday, November 28, 2017)]
[Rules and Regulations]
[Pages 56156-56158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25379]
[[Page 56156]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2017-0526; Product Identifier 2017-NM-026-AD; Amendment
39-19109; AD 2017-24-05]
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 adopting a new airworthiness directive (AD) for all The
Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series
airplanes. This AD was prompted by reports of cracking in the upper aft
skin at the rear spar of the wings. This AD requires repetitive
inspections for cracking of the upper aft skin of the wings, and repair
if necessary. We are issuing this AD to address the unsafe condition on
these products.
DATES: This AD is effective January 2, 2018.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 2,
2018.
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; 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-2017-0526.
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-
0526; 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: Payman Soltani, Aerospace Engineer,
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5313; 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, -200C, -300, -400, and -500 series airplanes. The
NPRM published in the Federal Register on June 5, 2017 (82 FR 25744).
The NPRM was prompted by reports of cracking in the upper aft skin at
the rear spar of the wings. The NPRM proposed to require repetitive
inspections for cracking of the upper aft skin of the wings, and repair
if necessary.
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 (APB) stated that the installation of
winglets per Supplemental Type Certificate (STC) ST01219SE does not
affect the accomplishment of the manufacturer's service instructions.
Southwest Airlines requested clarification that additional
alternative method of compliance (AMOC) approvals are not necessary
during accomplishment of the actions specified in Boeing Alert Service
Bulletin 737-57A1329, dated January 16, 2017, if the installation of
winglets was done using STC ST01219SE.
We agree with the commenters' statements. 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'' AMOC approval request is not
necessary to comply with the requirements of 14 CFR 39.17.
Request To Revise Certain Corrective Action Requirements
All Nippon Airways (ANA) asked that we revise paragraph (h) of the
proposed AD to change the compliance method for crack repair to allow
use of the Boeing 737-500 Structural Repair Manual (SRM) 57-20-10,
Repair 7. ANA stated that Boeing has already developed the repair
procedure for the outer wing upper aft skin at the trailing edge
between wing buttock line (WBL) 160 and WBL 205, as specified in Boeing
737-500 SRM 57-20-10, Repair 7. ANA added that the repair procedure is
applicable to part of an inspection area specified in Boeing Alert
Service Bulletin 737-57A1329, dated January 16, 2017. ANA noted that
its request should be considered to reduce AMOC requests.
We disagree with the request. Boeing has indicated that Repair 7 of
the SRM is currently being revised. We do not consider that delaying
this rulemaking until release of the revised service information is
warranted. However, under the provisions of paragraph (j) of this AD,
we will consider requests for approval of alternative service
information if sufficient data are submitted to substantiate that the
service information would provide an acceptable level of safety. Boeing
has indicated it intends to request approval of a global AMOC for the
revised service information after this AD is published. Therefore, we
have made no change to this AD in this regard.
Request To Clarify Certain Requirements
Boeing asked that paragraph (g) of the proposed AD, and the heading
for paragraph (g), be changed to include ``corrective actions'' to
clarify that corrective actions may be required.
We agree with the commenter's request. We have revised paragraph
(g) of this AD accordingly.
Boeing also asked that the header for paragraph (h) of the proposed
AD be changed to remove ``repetitive'' because merely specifying
``inspections'' addresses both initial and repetitive inspections.
We agree to clarify the terminology in the header for paragraph (h)
of this AD. We do not presume that the term ``repetitive'' necessarily
excludes the initial action. An action cannot be repeated without
accomplishment of the initial action. Many existing ADs use the term
``repetitive'' actions, which we intend as including the initial
action. Therefore, we have not changed this AD regarding this issue.
[[Page 56157]]
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 737-57A1329, dated
January 16, 2017. The service information describes procedures for
repetitive surface high frequency eddy current inspections, low
frequency eddy current inspections, and detailed inspections on
airplanes with or without an external repair, for cracking of the upper
aft skin from WBL 159 to WBL 220. 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 471 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
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Inspection.............. Up to 9 work-hours x $85 $0 Up to $765 per Up to $360,315 per
per hour = up to $765 per inspection cycle. inspection cycle.
inspection cycle.
----------------------------------------------------------------------------------------------------------------
We have received no definitive data that enables 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.
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):
2017-24-05 The Boeing Company: Amendment 39-19109; Docket No. FAA-
2017-0526; Product Identifier 2017-NM-026-AD.
(a) Effective Date
This AD is effective January 2, 2018.
(b) Affected ADs
None.
(c) Applicability
(1) This AD applies to all The Boeing Company Model 737-100,
-.200, -.200C, -.300, -.400, and -.500 series airplanes,
certificated in any category.
(2) Installation of Supplemental Type Certificate (STC)
ST01219SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/
rgstc.nsf/0/48e13cdfbbc32cf4862576a4005d308b/$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 57; Wings.
(e) Unsafe Condition
This AD was prompted by reports of cracking in the upper aft
skin at the rear spar of the wings. We are issuing this AD to detect
and correct cracks in the upper aft skin of the wings, which could
result in the inability of a principal structural element to sustain
limit load, and consequent reduced structural integrity of the
airplane.
[[Page 56158]]
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) For Group 1 Airplanes: Inspection and Corrective Actions
For airplanes identified as Group 1 in Boeing Alert Service
Bulletin 737-57A1329, dated January 16, 2017: Within 120 days after
the effective date of this AD, do an inspection for cracking of the
upper aft skin of the wings, and do all applicable corrective
actions, using a method approved in accordance with the procedures
specified in paragraph (j) of this AD.
(h) For Groups 2 and 3 Airplanes: Repetitive Inspections and Repair
For Groups 2 and 3 airplanes identified in Boeing Alert Service
Bulletin 737-57A1329, dated January 16, 2017: At the applicable time
specified in paragraph 1.E., ``Compliance,'' of Boeing Alert Service
Bulletin 737-57A1329, dated January 16, 2017, except as required by
paragraph (i) of this AD, do the applicable inspection for cracking
of the upper aft skin of the wings from wing buttock line (WBL) 159
to WBL 220, in accordance with the Work Instructions of Boeing Alert
Service Bulletin 737-57A1329, dated January 16, 2017. If any
cracking is found, repair before further flight, in accordance with
the procedures specified in paragraph (j) of this AD. Repeat the
inspection thereafter at the applicable time specified in paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-57A1329,
dated January 16, 2017.
(i) Exceptions to the Service Information
(1) Where Boeing Alert Service Bulletin 737-57A1329, dated
January 16, 2017, specifies a compliance time ``after the original
issue date of this service bulletin,'' paragraph (h) of this AD
requires compliance within the specified compliance time after the
effective date of this AD.
(2) Although Boeing Alert Service Bulletin 737-57A1329, dated
January 16, 2017, specifies to contact Boeing for repair
instructions, and specifies that action as ``RC'' (Required for
Compliance), this AD requires repair in accordance with the
procedures specified in paragraph (j) of this AD.
(j) 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 (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 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 (i)(2) of this AD: For
service information that contains steps that are labeled as 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 Payman Soltani,
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch,
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5313; 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 737-57A1329, dated January 16,
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;
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 November 15, 2017.
Chris Spangenberg,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2017-25379 Filed 11-27-17; 8:45 am]
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