[Federal Register Volume 84, Number 158 (Thursday, August 15, 2019)]
[Rules and Regulations]
[Pages 41602-41605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17508]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0575; Product Identifier 2019-NM-113-AD; Amendment 
39-19690; AD 2019-14-12]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting an airworthiness directive (AD) for 
certain The Boeing Company Model 737-8 and 737-9 airplanes. This AD 
requires a maintenance records check to determine if any main slat 
track assembly has been removed, an inspection of the main slat track 
assemblies for a suspect lot number or a lot number that cannot be 
determined, and applicable on-condition actions. This AD was prompted 
by a report that certain main slat track assemblies were manufactured 
incorrectly and are affected by hydrogen embrittlement. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective August 30, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 30, 
2019.
    The FAA must receive comments on this AD by September 30, 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 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 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-2019-0575.

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-
0575; 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 street address for Docket 
Operations is listed above. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Greg Rutar, Aerospace Engineer, 
Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des 
Moines, WA 98198; phone and fax: 206-231-3529; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    The FAA has received a report from Boeing indicating that 148 main 
slat track assemblies from a set of lot numbers were manufactured 
incorrectly and are affected by hydrogen embrittlement. Main slat track 
assemblies that are affected by hydrogen embrittlement have reduced 
strength. After reviewing information within the report provided from 
Boeing, the FAA determined on May 22, 2019, that this condition, if not 
addressed, could result in failure of main slat track assemblies, which 
could cause the slat to depart and potentially strike the airplane, 
resulting in injury to airplane occupants and/or preventing continued 
safe flight and landing.

Other Relevant Rulemaking

    The FAA issued AD 2019-11-03, Amendment 39-19649 (84 FR 26743, June 
10, 2019) (``AD 2019-11-03''), for certain The Boeing Company Model 
737-700C, -800, and -900ER series airplanes. The FAA issued AD 2019-11-
03 to address main slat track assemblies that have reduced strength due 
to hydrogen embrittlement. This condition, if not addressed, could 
result in failure of main slat track assemblies, which could cause the 
slat to depart and potentially strike the airplane, resulting in injury 
to airplane occupants and/or preventing continued safe flight and 
landing.
    In the preamble of the final rule issuing AD 2019-11-03, the FAA 
stated that the identified unsafe condition also exists on Boeing Model 
737-8 and 737-9 airplanes. The FAA also stated that Boeing was 
developing service information that would address the unsafe condition 
for these airplanes and that the FAA might consider additional 
rulemaking once that service information was developed, approved, and 
available. Boeing has since developed such service information and the 
FAA has determined that further rulemaking is indeed necessary.

[[Page 41603]]

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin 737-27A1311 RB, 
dated June 24, 2019. This service information describes procedures for 
a maintenance records check to determine if any main slat track 
assembly has been removed, an inspection of the main slat track 
assemblies for a suspect lot number or a lot number that cannot be 
determined, sending the inspection results to Boeing, and applicable 
on-condition actions. On-condition actions include replacing main slat 
track assemblies having a suspect lot number, or having a lot number 
that cannot be determined, with serviceable main slat track assemblies; 
shipping main slat track assemblies with suspect lot numbers or with 
lot numbers that cannot be determined to Boeing; and contacting Boeing 
to report if any main slat track assembly has been removed. 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 issuing this AD because the agency evaluated all the 
relevant information and determined the unsafe condition described 
previously is likely to exist or develop in other products of the same 
type design.

AD Requirements

    This AD requires accomplishment of the actions identified in Boeing 
Alert Requirements Bulletin 737-27A1311 RB, dated June 24, 2019, 
described previously, except for any differences identified as 
exceptions in the regulatory text of this 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-2019-0575.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C.) authorizes agencies to dispense with notice and comment 
procedures for rules when the agency, for ``good cause,'' finds that 
those procedures are ``impracticable, unnecessary, or contrary to the 
public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without seeking comment prior to the 
rulemaking. Similarly, Section 553(d) of the APA authorizes agencies to 
make rules effective in less than thirty days, upon a finding of good 
cause.
    The discrepant parts are ``rotable'' in that they could be removed 
from the 737-8 and 737-9 airplanes that are the subject of this AD, and 
installed on 737 Next Gen (Boeing Model 737-600/-700/-800/-900) 
airplanes. The current shortage of nondiscrepant parts makes this 
removal and reinstallation more likely to happen. Also, these parts are 
not serialized, and have been marked in a manner that has proven to be 
impermanent. Thus, if a discrepant part were to be removed from a 737-8 
or 737-9 airplane and installed on a 737 Next Gen airplane before all 
of the discrepant parts have been identified, it could expose the 
entire 737 Next Gen fleet to the unsafe condition, and likely require 
fleetwide inspections to find the discrepant parts.
    The FAA therefore considers the prompt identification and removal 
of these parts from 737-8 and 737-9 airplanes to be an urgent safety 
issue. Accordingly, notice and opportunity for prior public comment are 
impracticable and contrary to the public interest pursuant to 5 U.S.C. 
553(b)(3)(B). In addition, for the reasons stated above, the FAA finds 
that good cause exists pursuant to 5 U.S.C. 553(d) for making this 
amendment effective in less than 30 days.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good 
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and 
comment. Because the FAA has determined that it has good cause to adopt 
this rule without notice and comment, RFA analysis is not required.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety and was not preceded by notice and an opportunity for public 
comment. However, the FAA invites you to send any written data, views, 
or arguments about this final rule. Send your comments to an address 
listed under the ADDRESSES section. Include the docket number FAA-2019-
0575 and Product Identifier 2019-NM-113-AD at the beginning of your 
comments. The FAA specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of this final 
rule. The FAA will consider all comments received by the closing date 
and may amend this final rule because of those comments.
    The FAA will post all comments the agency receives, 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 final rule.

Costs of Compliance

    The FAA estimates that this AD affects 33 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
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                                                                                     Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
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Maintenance records check..........  1 work-hour x $85 per hour               $0             $85          $2,805
                                      = $85.
Inspection.........................  3 work-hours x $85 per hour               0             255           8,415
                                      = $255.
Reporting..........................  1 work-hour x $85 per hour                0              85           2,805
                                      = $85.
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    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of the 
inspection. The FAA has no way of determining the number of aircraft 
that might need these on-condition actions:

[[Page 41604]]



                                      Estimated Costs of On-Condition Costs
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              Action                       Labor cost              Parts cost             Cost per product
----------------------------------------------------------------------------------------------------------------
Replacement and shipping.........  Up to 54 work-hours x $85  Up to $82,680.......  Up to $87,270.
                                    per hour = Up to $4,590.
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    According to the manufacturer, some or all of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected individuals. The FAA does not control warranty coverage for 
affected individuals. As a result, the FAA has included all available 
known costs in the cost estimate.

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.
    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 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

    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, and
    (2) Will not affect intrastate aviation in Alaska.

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):

2019-14-12 The Boeing Company: Amendment 39-19690; Docket No. FAA-
2019-0575; Product Identifier 2019-NM-113-AD.

(a) Effective Date

    This AD is effective August 30, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 737-8 and 737-9 
airplanes, certificated in any category, as identified in Boeing 
Alert Requirements Bulletin 737-27A1311 RB, dated June 24, 2019.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
Controls.

(e) Unsafe Condition

    This AD was prompted by a report that certain main slat track 
assemblies were manufactured incorrectly and are affected by 
hydrogen embrittlement. The FAA is issuing this AD to address main 
slat track assemblies that have reduced strength due to hydrogen 
embrittlement. This condition, if not addressed, could result in 
failure of main slat track assemblies, which could cause the slat to 
depart and potentially strike the airplane, resulting in injury to 
airplane occupants and/or preventing continued safe flight and 
landing.

(f) Compliance

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

(g) Required Actions

    Except as specified by paragraph (h) of this AD: At the 
applicable times specified in the ``Compliance'' paragraph of Boeing 
Alert Requirements Bulletin 737-27A1311 RB, dated June 24, 2019, do 
all applicable actions identified in, and in accordance with, the 
Accomplishment Instructions of Boeing Alert Requirements Bulletin 
737-27A1311 RB, dated June 24, 2019.

    Note 1 to paragraph (g): Guidance for accomplishing the actions 
required by this AD can be found in Boeing Alert Service Bulletin 
737-27A1311, dated June 24, 2019, which is referred to in Boeing 
Alert Requirements Bulletin 737-27A1311 RB, dated June 24, 2019.

(h) Exceptions to Service Information Specifications

    (1) For purposes of determining compliance with the requirements 
of this AD: Where Boeing Alert Requirements Bulletin 737-27A1311 RB, 
dated June 24, 2019, uses the phrase ``the original issue date of 
requirements bulletin 737-27A1311 RB,'' this AD requires using ``the 
effective date of this AD.''
    (2) Boeing Alert Requirements Bulletin 737-27A1311 RB, dated 
June 24, 2019, specifies to report inspection results to Boeing 
within a certain compliance time. For this AD, the compliance time 
to report inspection results is at the applicable time

[[Page 41605]]

specified in paragraph (h)(2)(i) or (h)(2)(ii) of this AD.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 3 days after the inspection.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report within 3 days after the effective date of 
this AD.
    (3) Boeing Alert Requirements Bulletin 737-27A1311 RB, dated 
June 24, 2019, specifies to ship affected parts to Boeing within a 
certain compliance time if, during the inspection, it has been 
determined that any main slat track assembly has a suspect lot 
number or has a lot number that cannot be determined. For this AD, 
the compliance time for shipping affected parts to Boeing is at the 
applicable time specified in paragraph (h)(3)(i) or (h)(3)(ii) of 
this AD.
    (i) If the inspection was done on or after the effective date of 
this AD: Ship the affected part to Boeing within 30 days after 
removing the affected part.
    (ii) If the inspection was done before the effective date of 
this AD: Ship the affected part to Boeing within 30 days after the 
effective date of this AD.

(i) 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 1 hour 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.

(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) 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

    For more information about this AD, contact Greg Rutar, 
Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200 
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3529; 
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 Requirements Bulletin 737-27A1311 RB, dated 
June 24, 2019.
    (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, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 
206-231-3195.
    (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 Des Moines, Washington, on July 23, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-17508 Filed 8-14-19; 8:45 am]
 BILLING CODE 4910-13-P