[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.

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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
----------------------------------------------------------------------------------------------------------------
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.

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(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]
 BILLING CODE 4910-13-P