[Federal Register Volume 84, Number 118 (Wednesday, June 19, 2019)]
[Proposed Rules]
[Pages 28429-28431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13020]



 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 84, No. 118 / Wednesday, June 19, 2019 / 
Proposed Rules  

[[Page 28429]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0399; Product Identifier 2018-NM-149-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all The Boeing Company Model 737 series airplanes, except for Model 
737-100, --200, -200C, -300, -400, and -500 series airplanes. This 
proposed AD was prompted by reports of separation of the lower aft 
wing-to-body fairing panel 194E (``fairing panel 194E'') during flight, 
due to worn or damaged nutplates on the support structure. This 
proposed AD would require repetitive inspections of fairing panel 194E, 
wheel well panel 193D, and support structure for discrepancies, and 
related investigative and corrective actions if necessary. This 
proposed AD would also require rework of the panels and support 
structure, which would terminate the repetitive inspections. The FAA is 
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by August 5, 
2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, 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, 2200 South 216th St., Des Moines, WA. For information 
on the availability of this material at the FAA, call 206-231-3195. It 
is also available on the internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2019-0399.

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-2019-
0399; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this NPRM, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations is listed above. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Alan Pohl, Aerospace Engineer, 
Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des 
Moines, WA 98198; phone and fax: 206-231-3527; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2019-0399; 
Product Identifier 2018-NM-149-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The agency 
will consider all comments received by the closing date and may amend 
this NPRM because of those comments.
    The FAA will post all comments, without change, to http://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact the agency receives about this NPRM.

Discussion

    The FAA has received several reports of separation of the lower aft 
wing-to-body fairing panel 194E during flight. In two of these reports, 
damage from the separation of that panel was also found on an adjacent 
fairing panel. In another report, the panel was found loose. The 
airplanes with loose or missing panels had accumulated between 1,270 
and 43,200 total flight hours, and between 550 and 15,800 total flight 
cycles. The FAA determined that the nutplates common to the forward 
edge of the panel could become worn or damaged. In addition, worn or 
damaged nutplates on the support structure for the wheel well panel 
193D, which is adjacent to the 194E fairing panel, may also be a 
contributing factor to the loss of the 194E fairing panel. This 
condition, if not addressed, could result in separation of fairing 
panel 194E.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Service Bulletin 737-53-1307, dated January 
12, 2012. This service information describes procedures for repetitive 
inspections of fairing panel 194E, wheel well panel 193D, and support 
structure for discrepancies (including incorrect torque at the 
fasteners and worn and damaged nutplates and fastener holes) and 
corrective actions (including repair and replacement of nutplates and 
fasteners). This service information also describes procedures for 
rework of the panels and support structure, including related 
investigative actions (general visual inspection of the panel and 
support structure for damage) and repair, which together would 
eliminate the need for the repetitive inspections.
    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.

FAA's Determination

    The FAA is proposing this AD because the agency evaluated all the

[[Page 28430]]

relevant information and determined the unsafe condition described 
previously is likely to exist or develop in other products of the same 
type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in the service information described previously, except as discussed 
under ``Differences Between this Proposed AD and the Service 
Information,'' and except for any differences identified as exceptions 
in the regulatory text of this proposed AD.
    For information on the procedures and compliance times, see this 
service information at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2019-0399.
    The phrase ``related investigative actions'' is used in this 
proposed AD. Related investigative actions are follow-on actions that 
(1) are related to the primary action, and (2) further investigate the 
nature of any condition found. Related investigative actions in an AD 
could include, for example, inspections.
    The phrase ``corrective actions'' is used in this proposed AD. 
Corrective actions correct or address any condition found. Corrective 
actions in an AD could include, for example, repairs.

Differences Between This Proposed AD and the Service Information

    The effectivity of Boeing Service Bulletin 737-53-1307, dated 
January 12, 2012, is limited to Model 737-600, -700, -700C, -800, -900, 
and -900ER series airplanes, line numbers 1 through 3532 inclusive. 
However, the applicability of this proposed AD includes all Model 737 
airplanes except for Model 737-100, -200, -200C, -300, -400, and -500 
series airplanes. The FAA has determined, as has the design approval 
holder, that affected parts can be installed on future deliveries. 
Because the affected parts are rotable, the FAA has determined that 
these parts could later be installed on airplanes that were initially 
delivered with acceptable parts, thereby subjecting those airplanes to 
the unsafe condition.
    Airplanes from line number 3533 through any airplane with an 
original airworthiness certificate or an original export certificate of 
airworthiness dated on or before the effective date of this AD would be 
subject to the initial inspection requirement of this proposed AD, but 
the inspection would not be required to be repeated if the airplane can 
be demonstrated to have the post-reworked configuration of Boeing 
Service Bulletin 737-53-1307, dated January 12, 2012, as specified in 
paragraph (h) of this AD. (Note that the ``Parts Installation 
Limitation'' specified in paragraph (i) of this AD would still apply.)

Costs of Compliance

    The FAA estimates that this proposed AD would affect 983 airplanes 
of U.S. registry. The agency estimates the following costs to comply 
with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection.......................  8 work-hours x $85               $0  $680 per inspection  Up to $668,440 per
                                    per hour = $680                      cycle.               inspection cycle.
                                    per inspection
                                    cycle.
Rework...........................  25 work-hours x $85               0  $2,125.............  Up to $2,088,875.
                                    per hour = $2,125.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data that would enable the 
agency to provide cost estimates for the on-condition repairs specified 
in this proposed 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.
    The FAA is 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 proposed 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 and associated appliances to the 
Director of the System Oversight Division.

Regulatory Findings

    The FAA has determined that this proposed AD would not have 
federalism implications under Executive Order 13132. This proposed AD 
would 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 this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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):


[[Page 28431]]


The Boeing Company: Docket No. FAA-2019-0399; Product Identifier 
2018-NM-149-AD.

(a) Comments Due Date

    The FAA must receive comments by August 5, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 737 series 
airplanes, certificated in any category, except for Model 737-100, -
200, -200C, -300, -400, and -500 series airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by reports of separation of lower aft wing-
to-body fairing panel 194E (``fairing panel 194E'') during flight, 
due to worn or damaged nutplates on the 193D wheel well panel and 
support structure. The FAA is issuing this AD to address separation 
of fairing panel 194E.

(f) Compliance

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

(g) Repetitive Inspections and Corrective Actions

    (1) For airplanes with an original airworthiness certificate or 
an original export certificate of airworthiness dated on or before 
the effective date of this AD: Within 24 months after the effective 
date of this AD, do a general visual inspection for discrepancies of 
fairing panel 194E, wheel well panel 193D, and support structure, 
and do all applicable related investigative and corrective actions, 
in accordance with Part 1 and Part 2 of the Accomplishment 
Instructions of Boeing Service Bulletin 737-53-1307, dated January 
12, 2012. All applicable related investigative and corrective 
actions must be done before further flight. Repeat the inspection 
thereafter at intervals not to exceed 1,000 flight cycles.
    (2) For airplanes having line numbers 3533 and subsequent with 
an original airworthiness certificate or an original export 
certificate of airworthiness dated on or before the effective date 
of this AD: If the initial inspection required by paragraph (g)(1) 
shows that fairing panel 194E, wheel well panel 193D, and the 
support structure have the number and type of attachments specified 
in the post-reworked configuration of Boeing Service Bulletin 737-
53-1307, dated January 12, 2012, then the repetitive inspections 
required by paragraph (g)(1) of this AD are terminated. The 
requirements of paragraph (i) of this AD continue to apply.

(h) Terminating Action

    For airplanes with an original airworthiness certificate or an 
original export certificate of airworthiness dated on or before the 
effective date of this AD: Within 72 months after the effective date 
of this AD, do the actions required by paragraph (h)(1) or (h)(2) of 
this AD, as applicable. Accomplishing the actions in paragraph 
(h)(1) or (h)(2) of this AD terminates the repetitive inspections 
required by paragraph (g)(1) of this AD. The requirements of 
paragraph (i) of this AD continue to apply.
    (1) Rework fairing panel 194E, wheel well panel 193D, and the 
support structure, including accomplishment of all applicable 
related investigative actions and repair, in accordance with Part 3 
of the Accomplishment Instructions of Boeing Service Bulletin 737-
53-1307, dated January 12, 2012. All applicable related 
investigative actions and repairs must be done before further 
flight.
    (2) Verify that fairing panel 194E, wheel well panel 193D, and 
the support structure have the number and type of attachments 
specified in the post-reworked configuration of Boeing Service 
Bulletin 737-53-1307, dated January 12, 2012.

(i) Parts Installation Limitation

    As of the effective date of this AD, no person may install a 
fairing panel 194E on any airplane identified in paragraph (c) of 
this AD, unless fairing panel 194E, wheel well panel 193D, and the 
support structure have the number and type of attachments specified 
in the post-reworked configuration of Boeing Service Bulletin 737-
53-1307, dated January 12, 2012.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle 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)(1) 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 Company Organization Designation 
Authorization (ODA) that has been authorized by the Manager, Seattle 
ACO Branch, FAA, 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.

(k) Related Information

    (1) For more information about this AD, contact Alan Pohl, 
Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200 
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3527; 
email: [email protected].
    (2) 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. You may view this service information at the 
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, 
WA. For information on the availability of this material at the FAA, 
call 206-231-3195.

    Issued in Des Moines, Washington, on June 14, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-13020 Filed 6-18-19; 8:45 am]
 BILLING CODE 4910-13-P