[Federal Register Volume 85, Number 245 (Monday, December 21, 2020)]
[Rules and Regulations]
[Pages 82896-82899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28029]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0689; Product Identifier 2020-NM-060-AD; Amendment 
39-21359; AD 2020-26-04]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2013-18-
08, which applied to certain The Boeing Company Model 737-200, -200C, -
300, -400, and -500 series airplanes. AD 2013-18-08 required repetitive 
inspections for cracking of certain skin panels of the fuselage, and of 
the fuselage skin along certain chem-milled lines, and corrective 
actions if necessary. AD 2013-18-08 also included a terminating action 
for the repetitive inspections of certain areas. This AD retains those 
actions, expands the nondestructive inspection (NDI) area, and adds 
airplanes to the applicability. This AD was prompted by reports of 
additional cracking in certain horizontal and vertical chem-milled step 
locations outside of those identified in AD 2013-18-08. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective January 25, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 25, 
2021.

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 
90740-5600; telephone 562-797-1717; internet https://www.myboeingfleet.com. You may view this service information at the 
FAA, Airworthiness Products Section, Operational Safety 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-2020-0689.

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-2020-
0689; 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, any comments received, and other information. The 
address for Docket Operations is 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: James Guo, Aerospace Engineer, 
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount 
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5357; fax: 562-627-
5210; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2013-18-08, Amendment 39-17581 (78 FR 
60660, October 2, 2013) (AD 2013-18-08). AD 2013-18-08 applied to 
certain The Boeing Company Model 737-200, -200C, -300, -400, and -500 
series airplanes. The NPRM published in the Federal Register on August 
17, 2020 (85 FR 49978). The NPRM was prompted by reports of additional 
cracking in certain horizontal and vertical chem-milled step locations 
outside of those identified in AD 2013-18-08. The NPRM proposed to 
continue to require repetitive inspections for cracking of the fuselage 
skin along certain chem-milled lines and applicable on-condition 
actions, and to expand the NDI area. The NPRM also proposed to continue 
to provide terminating action for repetitive inspections of certain 
modified or repaired areas. The NPRM also proposed to add airplanes to 
the applicability. The FAA is issuing this AD to address fatigue 
cracking of the skin panels, which could result in sudden fracture and 
failure of the skin panels of the fuselage, and consequent rapid 
decompression of the airplane.

Comments

    The FAA gave the public the opportunity to participate in 
developing this AD. The following presents the comments received on the 
NPRM and the FAA's response to each comment. An individual had no 
objection to the NPRM.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing Supplemental 
Type Certificate (STC) ST01219SE does not

[[Page 82897]]

affect compliance with the proposed actions.
    The FAA agrees with the commenter. Paragraph (c) of the proposed AD 
has been redesignated as paragraph (c)(1) of this AD, and paragraph 
(c)(2) has been added 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'' alternative method of compliance 
(AMOC) approval request is not necessary to comply with the requirement 
of 14 CFR 39.17.

Request To Revise Certain Language in the Preamble

    Boeing asked that the FAA change the language under the section 
titled ``Actions Since AD 2013-18-08 was Issued.'' Boeing asked that 
the FAA refer to the ``NDI inspection'' instead of the ``repetitive 
inspection.''
    Boeing also asked that the FAA change the language under the 
section titled ``Proposed AD Requirements.'' Boeing asked that the FAA 
refer to the expanded area for the existing NDI inspection instead of 
referring to the expanded area for the existing inspection.
    Boeing requested these changes because Boeing Alert Service 
Bulletin 737-53A1346, dated March 27, 2020, expands only the initial 
and repetitive NDI areas and not the detailed visual inspection area.
    The FAA acknowledges that the expanded inspections are only to the 
NDI area. Those sections of the preamble do not reappear in the final 
rule; however, the FAA clarified that the NDI area is expanded in the 
Summary and Discussion sections.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this AD with the changes described previously, and 
minor editorial changes. The FAA has determined that these minor 
changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    The FAA also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Service Bulletin 737-53A1346, dated 
March 27, 2020. This service information describes procedures for 
repetitive detailed and non-destructive tests (NDTs) (including 
external medium frequency eddy current (MFEC), external magneto optical 
imaging (MOI), external c-scan, external sliding probe, external high 
frequency eddy current (HFEC), external low frequency eddy current 
(LFEC), internal ultrasonic phased array (UTPA), or internal 
ultrasonic); inspections for cracking of the fuselage skin along all 
horizontal and vertical chem-milled locations with a history of 
cracking between stations (STAs) 259.5 and 1016; and applicable on-
condition actions. On-condition actions include repair; LFEC 
inspections of certain repairs for cracking; detailed inspections of 
certain repairs for cracking and loose, missing, or damaged fasteners; 
replacement of loose, missing, or damaged fasteners; and preventative 
modifications. 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

    The FAA estimates that this AD affects 141 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                  Estimated Costs for Required Actions
------------------------------------------------------------------------
                                                             Cost per
        Action            Labor cost       Parts cost        product
------------------------------------------------------------------------
Inspections..........  Up to 165                     $0  Up to
                        work[dash]hours                   $1,977,525 per
                        x $85 per hour                    inspection
                        = Up to $14,025                   cycle.
                        per inspection
                        cycle.
------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary 
corrective actions required based on the results of the inspections. 
The FAA has no way of determining the number of aircraft that might 
need these corrective actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
           Labor cost                 Parts cost       Cost per product
------------------------------------------------------------------------
Up to 185 work-hours x $85 per    $*................  Up to $15,725.
 hour = Up to $15,725.
------------------------------------------------------------------------
* The FAA has received no definitive data that enables providing parts
  costs 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.
    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.

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:

[[Page 82898]]

    (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.

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:
0
a. Removing Airworthiness Directive (AD) 2013-18-08, Amendment 39-17581 
(78 FR 60660, October 2, 2013), and
0
b. Adding the following new AD:

2020-26-04 The Boeing Company: Amendment 39-21359; Docket No. FAA-
2020-0689; Product Identifier 2020-NM-060-AD.

(a) Effective Date

    This AD is effective January 25, 2021.

(b) Affected ADs

    This AD replaces AD 2013-18-08, Amendment 39-17581 (78 FR 60660, 
October 2, 2013) (AD 2013-18-08).

(c) Applicability

    (1) This AD applies to The Boeing Company Model 737-100, -200, -
200C, -300, -400, and -500 series airplanes, certificated in any 
category, as identified in Boeing Alert Service Bulletin 737-
53A1346, dated March 27, 2020.
    (2) Installation of Supplemental Type Certificate (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'' 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 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by reports of additional cracking in the 
horizontal and vertical chem-milled step locations outside of those 
identified in AD 2013-18-08. The FAA is issuing this AD to address 
fatigue cracking of the skin panels, which could result in sudden 
fracture and failure of the skin panels of the fuselage, and 
consequent rapid decompression of the airplane.

(f) Compliance

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

(g) Required Actions for Group 1 Through 25 Airplanes

    For airplanes identified as Group 1 through 25 in Boeing Alert 
Service Bulletin 737-53A1346, dated March 27, 2020, except as 
specified in paragraph (h) of this AD: At the applicable times 
specified in paragraph 1.E., ``Compliance,'' of Boeing Alert Service 
Bulletin 737-53A1346, dated March 27, 2020, do all applicable 
actions identified as ``RC'' (required for compliance) in, and in 
accordance with, the Accomplishment Instructions of Boeing Alert 
Service Bulletin 737-53A1346, dated March 27, 2020. Actions 
identified as terminating action in Boeing Alert Service Bulletin 
737-53A1346, dated March 27, 2020, terminate the applicable required 
actions of this AD, provided the terminating action is done in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 737-53A1346, dated March 27, 2020.

(h) Exceptions to Service Information Specifications

    (1) Where Boeing Alert Service Bulletin 737-53A1346, dated March 
27, 2020, uses the phrase ``the original issue date of this service 
bulletin,'' this AD requires using ``the effective date of this 
AD.''
    (2) Where Boeing Alert Service Bulletin 737-53A1346, dated March 
27, 2020, specifies contacting Boeing for repair instructions, this 
AD requires doing the repair before further flight using a method 
approved in accordance with the procedures specified in paragraph 
(j) of this AD.

(i) Required Actions for Group 26 Airplanes

    For airplanes identified as Group 26 in Alert Service Bulletin 
737-53A1346, dated March 27, 2020: Within 120 days after the 
effective date of this AD, inspect the fuselage skin along certain 
chem-milled lines for cracks, using a method approved 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 Company Organization Designation 
Authorization (ODA) that has been authorized by the Manager, Los 
Angeles 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 2013-18-08 are approved as 
AMOCs for the corresponding provisions of Boeing Alert Service 
Bulletin 737-53A1346, dated March 27, 2020, which are required by 
paragraph (g) of this AD.
    (5) For service information that contains steps that are labeled 
as Required for Compliance (RC), the provisions of paragraphs 
(j)(5)(i) and (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 James Guo, Aerospace 
Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 3960 
Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5357; 
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 737-53A1346, dated March 27, 
2020.
    (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, 
Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability 
of this material at the FAA, call 206-231-3195.

[[Page 82899]]

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

    Issued on December 7, 2020.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-28029 Filed 12-18-20; 8:45 am]
BILLING CODE 4910-13-P