[Federal Register Volume 87, Number 245 (Thursday, December 22, 2022)]
[Rules and Regulations]
[Pages 78530-78532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27751]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1061; Project Identifier AD-2022-00441-T; 
Amendment 39-22271; AD 2022-25-15]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is 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 a report indicating that a 
crack was found in one of the holes of the wing rear spar lower chord 
at the main landing gear (MLG) aft fitting at a certain wing buttock 
line (WBL). This AD requires repetitive open hole high frequency eddy 
current (HFEC) inspections or surface HFEC and ultrasonic (UT) 
inspections for cracking of the wing rear spar lower chord at the MLG 
aft fitting at a certain WBL, and applicable on-condition actions. The 
FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective January 26, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 26, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1061; 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.
    Material Incorporated by Reference:
     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 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 at 
regulations.gov under Docket No. FAA-2022-1061.

FOR FURTHER INFORMATION CONTACT: Wayne Ha, Aerospace Engineer, Airframe 
Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, 
Lakewood, CA 90712-4137; phone: 562-627-5238; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA 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 September 8, 2022 (87 FR 
54922). The NPRM was prompted by a report indicating that a crack was 
found in one of the holes of the wing rear spar lower chord at the MLG 
aft fitting at WBL 157 on a Model 737-400 airplane. In the NPRM, the 
FAA proposed to require repetitive open hole HFEC inspections or 
surface HFEC and UT inspections for cracking of the wing rear spar 
lower chord at the MLG aft fitting at a certain WBL, and applicable on-
condition actions. The FAA is issuing this AD to address cracking in 
the rear spar lower chord at a fastener common to the MLG aft support 
fitting. This condition, if not addressed, could result in the 
inability of the rear spar lower chord to sustain limit loads, 
resulting in reduced structural integrity of the airplane and possible 
loss of control of the airplane.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from The Air Line Pilots Association, 
International (ALPA), who supported the NPRM without change. The FAA 
received comments from an individual that were outside the scope of 
this rulemaking.
    The FAA received an additional comment from Boeing. The following

[[Page 78531]]

presents the comment received on the NPRM and the FAA's response.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing Supplemental 
Type Certificate (STC) ST01219SE does not affect the actions specified 
in the proposed AD.
    The FAA concurs with the commenter. The FAA has 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'' alternative method of compliance 
(AMOC) approval request is not necessary to comply with the 
requirements of 14 CFR 39.17.

Request for a Correction to Paragraph (h) of This AD

    Boeing requested that a reference to ``paragraph (h) of this AD'' 
within paragraph (h) of this AD be corrected to read ``paragraph (i) of 
this AD.'' Boeing noted that the reference should be to the exceptions 
stated in paragraph (i) of this AD.
    The FAA agrees with the request to correct the error. The reference 
to ``paragraph (h) of this AD'' within paragraph (h) of this AD has 
been corrected to read ``paragraph (i) of this AD.''

Conclusion

    The FAA reviewed the relevant data, considered any comments 
received, and determined that air safety requires adopting this AD as 
proposed. Accordingly, the FAA is issuing this AD to address the unsafe 
condition on these products. Except for minor editorial changes, and 
any other changes described previously, this AD is adopted as proposed 
in the NPRM. None of the changes will increase the economic burden on 
any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin 737-57A1353 RB, 
dated February 10, 2022. This service information specifies procedures 
for repetitive open hole HFEC inspections or surface HFEC and UT 
inspections for cracking, and applicable on-condition actions. On-
condition actions include installing fasteners and repair. 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 ADDRESSES.

Costs of Compliance

    The FAA estimates that this AD would affect 69 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
----------------------------------------------------------------------------------------------------------------
Open hole HFEC inspection........  30 work-hours x $85              $0  $2,550 per           Up to $175,950 per
                                    per hour = $2,550                    inspection cycle.    inspection cycle.
                                    per inspection
                                    cycle.
Surface HFEC/UT inspections......  4 work-hours x $85                0  $340 per inspection  Up to $23,460 per
                                    per hour = $340                      cycle.               inspection cycle.
                                    per inspection
                                    cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary fastener 
installations that would be required based on the results of the 
inspection. The agency has no way of determining the number of aircraft 
that might need these installations:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Install fasteners............................  1 work-hour x $85 per hour =               * $0              $85
                                                $85.
----------------------------------------------------------------------------------------------------------------
* The FAA has no definitive data on the parts costs for fasteners.

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition repairs 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

    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) 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.

[[Page 78532]]

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

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:

2022-25-15 The Boeing Company: Amendment 39-22271; Docket No. FAA-
2022-1061; Project Identifier AD-2022-00441-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 26, 2023.

(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 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 a report indicating that a crack was 
found in one of the holes of the wing rear spar lower chord at the 
main landing gear (MLG) aft fitting at wing buttock line (WBL) 157. 
The FAA is issuing this AD to address cracking in the rear spar 
lower chord at a fastener common to the MLG aft support fitting. 
This condition, if not addressed, could result in the inability of 
the rear spar lower chord to sustain limit loads, resulting in 
reduced structural integrity of the airplane and possible loss of 
control of the airplane.

(f) Compliance

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

(g) Required Actions for Group 1 Airplanes

    For airplanes identified as Group 1 in Boeing Alert Requirements 
Bulletin 737-57A1353 RB, dated February 10, 2022: Within 120 days 
after the effective date of this AD, inspect the airplane and do all 
applicable on-condition actions using a method approved in 
accordance with the procedures specified in paragraph (j) of this 
AD.

(h) Required Actions for Group 2 and Group 3 Airplanes

    For airplanes identified as Group 2 and Group 3 in Boeing Alert 
Requirements Bulletin 737-57A1353 RB, dated February 10, 2022: 
Except as specified by paragraph (i) of this AD, at the applicable 
times specified in the ``Compliance'' paragraph of Boeing Alert 
Requirements Bulletin 737-57A1353 RB, dated February 10, 2022, do 
all applicable actions identified in, and in accordance with, the 
Accomplishment Instructions of Boeing Alert Requirements Bulletin 
737-57A1353 RB, dated February 10, 2022.
    Note 1 to paragraph (h): Guidance for accomplishing the actions 
required by this AD can be found in Boeing Alert Service Bulletin 
737-57A1353, dated February 10, 2022, which is referred to in Boeing 
Alert Requirements Bulletin 737-57A1353 RB, dated February 10, 2022.

(i) Exceptions to Service Information Specifications

    (1) Where the Compliance Time columns of the tables in the 
``Compliance'' paragraph of Boeing Alert Requirements Bulletin 737-
57A1353 RB, dated February 10, 2022, use the phrase ``the original 
issue date of Requirements Bulletin 737-57A1353 RB,'' this AD 
requires using ``the effective date of this AD.''
    (2) Where Boeing Alert Requirements Bulletin 737-57A1353 RB, 
dated February 10, 2022, specifies contacting Boeing for repair 
instructions: This AD requires doing the repair 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 responsible Flight Standards 
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 responsible Flight Standards 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.

(k) Related Information

    For more information about this AD, contact Wayne Ha, Aerospace 
Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 3960 
Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5238; 
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 737-57A1353 RB, dated 
February 10, 2022.
    (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 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.
    (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 protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on November 30, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-27751 Filed 12-21-22; 8:45 am]
BILLING CODE 4910-13-P