[Federal Register Volume 84, Number 219 (Wednesday, November 13, 2019)]
[Rules and Regulations]
[Pages 61533-61537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24716]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0866; Product Identifier 2019-NM-174-AD; Amendment 
39-19789; AD 2019-22-10]
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 superseding Airworthiness Directive (AD) 2019-20-
02, which applied to all The Boeing Company Model 737-600, -700, -700C, 
-800, -900, and -900ER series airplanes. AD 2019-20-02 required 
repetitive inspections for cracking of the left- and right-hand side 
outboard chords of frame fittings and failsafe straps at a certain 
station around two fasteners, and repair if any cracking is found. This 
AD also requires repetitive inspections for cracking of the left- and 
right-hand side outboard chords of frame fittings and failsafe straps 
at a certain station, but expands the inspection to the area around 
eight fasteners, and also requires repair if any cracking is found. 
This AD was prompted by a determination that the inspection area needs 
to be expanded. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective November 13, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 13, 
2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of 
October 3, 2019 (84 FR 52754, October 3, 2019).
    The FAA must receive any comments on this AD by December 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 https://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 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 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 https://www.regulations.gov by searching 
for and locating Docket No. FAA-2019-0866.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0866; 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 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

[[Page 61534]]

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 issued AD 2019-20-02, Amendment 39-19755 (84 FR 52754, 
October 3, 2019) (``AD 2019-20-02''), for all The Boeing Company Model 
737-600, -700, -700C, -800, -900, and -900ER series airplanes. AD 2019-
20-02 required repetitive inspections for cracking of the left- and 
right-hand side outboard chords of frame fittings and failsafe straps 
at a certain station around two fasteners, and repair if any cracking 
is found. AD 2019-20-02 was prompted by reports of cracking in this 
area found on multiple Boeing Model 737-800 airplanes during a 
passenger-to-freighter conversion. The FAA issued AD 2019-20-02 to 
address this cracking, which could result in failure of a Principal 
Structural Element (PSE) to sustain limit load. This condition could 
adversely affect the structural integrity of the airplane, and result 
in loss of control of the airplane.

Actions Since AD 2019-20-02 Was Issued

    Since AD 2019-20-02 was issued, the FAA has reviewed inspection 
findings submitted as required by paragraph (h) of AD 2019-20-02. From 
these findings, four airplanes have been identified to have cracking 
outside the initial inspection area. Based on these findings, the FAA 
has determined that the inspection area must be expanded from the area 
around two fasteners to the area around eight fasteners on both the 
left- and right-hand sides (which includes the area around the two 
fasteners inspected as required by AD 2019-20-02) to adequately address 
the unsafe condition.
    The FAA has taken all inspection findings into consideration in 
assessing the merits of the existing regulatory action. The findings 
support that the initial inspection thresholds are adequate to ensure 
fleet safety. All airplane structure has an initial period when fatigue 
cracking is not anticipated. Beyond this period, structural safety can 
be maintained with a damage-tolerant design and inspection program. The 
compliance times for the initial and repetitive inspections as 
specified in paragraph (g) of AD 2019-20-02 were determined using 
standard damage tolerance principles. Residual strength is the load 
that damaged (cracked) structure can still carry without failing. 
Structure is damage-tolerant if damage that may occur can be detected 
and repaired before the residual strength capability falls below the 
minimum residual strength required under Title 14 Code of Federal 
Regulations (14 CFR) 25.571.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Multi-Operator Message MOM-MOM-19-0623-01B, 
dated November 5, 2019. This service information describes procedures 
for repetitive detailed inspections for cracking of the left- and 
right-hand side outboard chords of the station (STA) 663.75 frame 
fittings and failsafe straps around eight fasteners adjacent to the 
stringer S-18A straps.
    This AD also requires Boeing Multi-Operator Message MOM-MOM-19-
0536-01B, dated September 30, 2019, which the Director of the Federal 
Register approved for incorporation by reference as of October 3, 2019 
(84 FR 52754, October 3, 2019).
    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 repetitive inspections for cracking of the left- 
and right-hand side outboard chords of the STA 663.75 frame fittings 
and failsafe straps around eight fasteners adjacent to the stringer S-
18A straps. This AD also requires repair of all cracking using a method 
approved by the FAA or The Boeing Company Organization Designation 
Authorization (ODA). Accomplishing the initial inspection required by 
paragraph (i) of this AD terminates the inspections originally required 
by AD 2019-20-02 and retained in this AD. This AD also requires sending 
a report of all results of the initial inspections to Boeing.

Interim Action

    The FAA considers this AD interim action. The inspection reports 
that are required by this AD will enable the manufacturer to obtain 
better insight into the nature, cause, and extent of the cracking, and 
eventually to develop final action to address the unsafe condition. 
Once final action has been identified, the FAA might consider further 
rulemaking.

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.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies forgoing notice and comment prior to adoption of this rule 
because cracking in the STA 663.75 frame fitting outboard chords and 
failsafe straps around eight fasteners adjacent to the stringer S-18A 
straps could result in failure of a PSE to sustain limit load. This 
condition could adversely affect the structural integrity of the 
airplane and result in loss of control of the airplane. The compliance 
time for the required action is shorter than the time necessary for the 
public to comment and for publication of the final rule.
    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.

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-
0866 and Product Identifier 2019-NM-174-AD at the beginning of your 
comments. The FAA specifically invites 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.

[[Page 61535]]

    The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact received about this final rule.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (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.

Costs of Compliance

    The FAA estimates that this AD affects 1,911 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                Cost on U.S.
              Action                    Labor cost       Parts  cost    Cost per  product         operators
----------------------------------------------------------------------------------------------------------------
Inspection (retained action from   1 work-hour x $85              $0  $85 per inspection    $162,435 per
 AD 2019-20-02).                    per hour = $85 per                 cycle.                inspection cycle.
                                    inspection cycle.
Reporting (retained action from    1 work-hour x $85               0  $85.................  $162,435.
 AD 2019-20-02).                    per hour = $85.
Inspection (new action)..........  1 work-hour(s) x $85            0  $85 per inspection    $162,435 per
                                    per hour = $85 per                 cycle.                inspection cycle.
                                    inspection cycle.
Reporting (new action)...........  1 work-hour x $85               0  $85.................  $162,435.
                                    per hour = $85.
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    The FAA has received no definitive data that would enable the 
agency to provide cost estimates for the on-condition actions specified 
in this AD.

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 
Information Collection Clearance Officer, Federal Aviation 
Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524.

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

    The FAA has determined that 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 removing Airworthiness Directive (AD) 
2019-20-02, Amendment 39-19755 (84 FR 52754, October 3, 2019), and 
adding the following new AD:

2019-22-10 The Boeing Company: Amendment 39-19789; Docket No. FAA-
2019-0866; Product Identifier 2019-NM-174-AD.

(a) Effective Date

    This AD is effective November 13, 2019.

(b) Affected ADs

    This AD replaces AD 2019-20-02, Amendment 39-19755 (84 FR 52754, 
October 3, 2019) (``AD 2019-20-02'').

(c) Applicability

    This AD applies to all The Boeing Company Model 737-600, -700, -
700C, -800, -900, and -900ER series airplanes, certificated in any 
category.

(d) Subject

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

[[Page 61536]]

(e) Unsafe Condition

    This AD was prompted by reports of cracking discovered in the 
left- and right-hand side outboard chords of the station (STA) 
663.75 frame fittings and failsafe straps adjacent to the stringer 
S-18A straps and a determination that the area inspected by AD 2019-
20-02 needs to be expanded. The FAA is issuing this AD to address 
cracking in the STA 663.75 frame fitting outboard chords and 
failsafe straps adjacent to the stringer S-18A straps, which could 
result in failure of a Principal Structural Element (PSE) to sustain 
limit load. This condition could adversely affect the structural 
integrity of the airplane and result in loss of control of the 
airplane.

(f) Compliance

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

(g) Retained Inspection and Corrective Action, With No Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2019-20-02, with no changes. At the earlier of the times specified 
in paragraphs (g)(1) and (2) of this AD: Do a detailed inspection 
for cracking of the left- and right-hand side outboard chords of the 
STA 663.75 frame fittings and failsafe straps adjacent to the 
stringer S-18A straps, in accordance with Boeing Multi-Operator 
Message MOM-MOM-19-0536-01B, dated September 30, 2019. If any crack 
is found, repair before further flight using a method approved in 
accordance with the procedures specified in paragraph (n) of this 
AD. Repeat the inspection thereafter at intervals not to exceed 
3,500 flight cycles until the initial inspection required by 
paragraph (i) of this AD is done.
    (1) Prior to the accumulation of 30,000 total flight cycles, or 
within 7 days after October 3, 2019 (the effective date of AD 2019-
20-02), whichever occurs later.
    (2) Prior to the accumulation of 22,600 total flight cycles, or 
within 1,000 flight cycles after October 3, 2019 (the effective date 
of AD 2019-20-02), whichever occurs later.

(h) Retained Reporting Requirement With No Changes

    This paragraph restates the requirements of paragraph (h) of AD 
2019-20-02, with no changes. At the applicable time specified in 
paragraph (h)(1) or (2) of this AD, submit a report of all findings, 
positive and negative, of the initial inspection required by 
paragraph (g) of this AD. Submit the report in accordance with 
Boeing Multi-Operator Message MOM-MOM-19-0536-01B, dated September 
30, 2019.
    (1) If the inspection was done on or after October 3, 3019 (the 
effective date of AD 2019-20-02): Submit the report within 3 days 
after the inspection.
    (2) If the inspection was done before October 3, 2019 (the 
effective date of AD 2019-20-02): Submit the report within 3 days 
after October 3, 2019.

(i) New Inspection and Corrective Action

    Except as specified in paragraph (j) of this AD: At the 
applicable initial compliance time specified in Table 1 of ``Ref F'' 
of Boeing Multi-Operator Message MOM-MOM-19-0623-01B, dated November 
5, 2019, do a detailed inspection of the left- and right-hand side 
outboard chords of the STA 663.75 frame fittings and failsafe straps 
around eight fasteners adjacent to the stringer S-18A straps, in 
accordance with Boeing Multi-Operator Message MOM-MOM-19-0623-01B, 
dated November 5, 2019. If any crack is found, repair before further 
flight using a method approved in accordance with the procedures 
specified in paragraph (n) of this AD. Repeat the inspection 
thereafter at the intervals specified in Table 1 of ``Ref F'' of 
Boeing Multi-Operator Message MOM-MOM-19-0623-01B, dated November 5, 
2019. Accomplishing the initial inspection required by this 
paragraph terminates the inspections required by paragraph (g) of 
this AD.

(j) Exception to Service Information Specifications

    Where Table 1 of ``Ref F'' of Boeing Multi-Operator Message MOM-
MOM-19-0623-01B, dated November 5, 2019, uses the phrase ``the 
original issue date of MOM-MOM-19-0623-01B,'' this AD requires using 
``the effective date of this AD.''

(k) New Reporting Requirement

    At the applicable time specified in paragraph (k)(1) or (2) of 
this AD, submit a report of all findings, positive and negative, of 
the initial inspection required by paragraph (i) of this AD. Submit 
the report in accordance with Boeing Multi-Operator Message MOM-MOM-
19-0623-01B, dated November 5, 2019.
    (1) If the inspection was done on or after the effective date of 
this AD: Submit the report within 3 days after the inspection.
    (2) 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.

(l) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199 to operate the airplane to a location where the 
airplane can be repaired if any crack is found, provided the 
Manager, Seattle ACO Branch, FAA, concurs with issuance of the 
special flight permit. Send requests for concurrence by email to [email protected].

(m) 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, searching existing data sources, 
gathering and maintaining the data needed, and completing and 
reviewing the collection of information. All responses to this 
collection of information are mandatory as required by this AD; the 
nature and extent of confidentiality to be provided, if any. Send 
comments regarding this burden estimate or any other aspect of this 
collection of information, including suggestions for reducing this 
burden to Information Collection Clearance Officer, Federal Aviation 
Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524.

(n) 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 (o) 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.
    (4) AMOCs approved previously for AD 2019-20-02 are approved as 
AMOCs for the corresponding provisions of this AD.

(o) 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].

(p) 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 this AD specifies otherwise.
    (3) The following service information was approved for IBR on 
November 13, 2019.
    (i) Boeing Multi-Operator Message MOM-MOM-19-0623-01B, dated 
November 5, 2019.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
October 3, 2019 (84 FR 52754, October 3, 2019).
    (i) Boeing Multi-Operator Message MOM-MOM-19-0536-01B, dated 
September 30, 2019.
    (ii) [Reserved]

[[Page 61537]]

    (5) 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.
    (6) 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.
    (7) 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, email [email protected], or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on November 7, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-24716 Filed 11-12-19; 8:45 am]
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