AD 2014-03-06

[Federal Register Volume 79, Number 43 (Wednesday, March 5, 2014)]
[Rules and Regulations]
[Pages 12368-12370]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2014-02521]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0866; Directorate Identifier 2013-NM-131-AD; 
Amendment 39-17743; AD 2014-03-06]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are 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 reports of cracks found in the aft 
support fitting, the rear spar upper chord, and the rear spar web. This 
AD requires repetitive inspections for cracking of the aft support 
fitting for the main landing gear (MLG) beam, and the rear spar upper 
chord and rear spar web in the area of rear spar station (RSS) 224.14; 
and repair if necessary. We are issuing this AD to detect and correct 
such cracks, which could grow and result in a fuel leak and possible 
fire.

DATES: This AD is effective April 9, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 9, 
2014.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, P. 
O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000, 
extension 1; fax 206-766-5680; Internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>. 
You may view this referenced service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information 
on the availability of this material at the FAA, call 425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for

[[Page 12369]]

and locating Docket No. FAA-2013-0866; 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 AD, the regulatory 
evaluation, any comments received, and other information. The address 
for the Docket Office (phone: 800-647-5527) is Docket Management 
Facility, 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: Nancy Marsh, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office 
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6440; fax: 425-917-6590; email: <a href="/cdn-cgi/l/email-protection#4e202f202d3760232f3c3d260e282f2f60292138"><span class="__cf_email__" data-cfemail="ee808f808d97c0838f9c9d86ae888f8fc0898198">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Discussion

    We 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 October 24, 2013 (78 FR 
63431). The NPRM was prompted by reports of cracks found in the aft 
support fitting, the rear spar upper chord, and the rear spar web. The 
NPRM proposed to require repetitive inspections for cracking of the aft 
support fitting for the MLG beam, and the rear spar upper chord and 
rear spar web in the area of RSS 224.14; and repair if necessary. We 
are issuing this AD to detect and correct such cracks, which could grow 
and result in a fuel leak and possible fire.

Comment

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comment received on the proposal 
(78 FR 63431, October 24, 2013) and the FAA's response to that comment.

Statement Regarding Installation of Winglets

    Aviation Partners Boeing stated that the installation of winglets 
per supplemental type certificate (STC) ST01219SE does not affect the 
accomplishment of the manufacturer's service instructions.
    We concur. We have redesignated paragraph (c) of the NPRM (78 FR 
63431, October 24, 2013) as paragraph (c)(1) in this final rule and 
added paragraph (c)(2) to state that installation of STC ST01219SE 
(<a href="http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/2C6E3DBDDD36F91C862576A4005D64E2?OpenDocument&Highlight=st01219se">http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/2C6E3DBDDD36F91C862576A4005D64E2?OpenDocument&Highlight=st01219se</a>) 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 approval request 
is not necessary to comply with the requirements of 14 CFR 39.17.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting 
this AD with the changes described previously and minor editorial 
changes. We have determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (78 FR 63431, October 24, 2013) for correcting the unsafe 
condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (78 FR 63431, October 24, 2013).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 353 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
         Action                Labor cost           Parts cost       Cost per product     Cost on U.S. operators
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Inspection.............  Up to 86 work-hours x               $0   Up to $7,310 per        Up to $2,580,430 per
                          $85 per hour = $7,310                    inspection cycle.       inspection cycle.
                          per inspection cycle.
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    We have received no definitive data that would enable us to provide 
cost estimates 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.
    We are 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) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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:

[[Page 12370]]

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):

2014-03-06 The Boeing Company: Amendment 39-17743; Docket No. FAA-
2013-0866; Directorate Identifier 2013-NM-131-AD.

(a) Effective Date

    This AD is effective April 9, 2014.

(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 (<a href="http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/2C6E3DBDDD36F91C862576A4005D64E2?OpenDocument&Highlight=st01219se">http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/2C6E3DBDDD36F91C862576A4005D64E2?OpenDocument&Highlight=st01219se</a>) 
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 reports of cracks found in the aft 
support fitting for the main landing gear (MLG) beam, and the rear 
spar upper chord and rear spar web. We are issuing this AD to detect 
and correct such cracks, which could grow and result in a fuel leak 
and possible fire.

(f) Compliance

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

(g) Inspections: Group 1

    For airplanes identified in Group 1 of Boeing Special Attention 
Service Bulletin 737-57-1318, dated May 15, 2013: At the applicable 
time specified in paragraph 1.E., ``Compliance,'' of Boeing Special 
Attention Service Bulletin 737-57-1318, dated May 15, 2013, except 
as required by paragraph (i) of this AD, do inspections and 
applicable corrective actions using a method approved in accordance 
with the procedures specified in paragraph (j) of this AD.

(h) Inspections: Groups 2-7

    For airplanes identified in Groups 2 through 7 of Boeing Special 
Attention Service Bulletin 737-57-1318, dated May 15, 2013: At the 
applicable time specified in paragraph 1.E., ``Compliance,'' of 
Boeing Special Attention Service Bulletin 737-57-1318, dated May 15, 
2013, except as required by paragraph (i) of this AD, do high 
frequency eddy current inspections to detect cracking of the aft 
support fitting for the MLG beam, and the rear spar upper chord and 
rear spar web in the area of rear spar station 224.14, as 
applicable, in accordance with Option 1, 2, or 3 of the 
Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 737-57-1318, dated May 15, 2013.
    (1) If no crack is found, repeat the inspection thereafter at 
the time specified in paragraph 1.E., ``Compliance,'' of Boeing 
Special Attention Service Bulletin 737-57-1318, dated May 15, 2013, 
as applicable. Accomplishment of the inspection of the 12 fastener 
holes (locations 1-12) in accordance with Option 2, Action 3; or 
Option 3, Action 3; as specified in note (b) of tables 2 through 5 
of paragraph 1.E., ``Compliance,'' of Boeing Special Attention 
Service Bulletin 737-57-1318, dated May 15, 2013; terminates only 
the corresponding inspections that include note (b) in the ``Repeat 
Interval'' column of the applicable table.
    (2) If any crack is found during any inspection required by 
paragraph (g) or (g)(1) of this AD, repair before further flight 
using a method approved in accordance with the procedures specified 
in paragraph (j) of this AD.

(i) Exception to Service Information Specifications

    Where Boeing Special Attention Service Bulletin 737-57-1318, 
dated May 15, 2013, specifies a compliance time ``after the original 
issue date of this service bulletin,'' this AD requires compliance 
within the specified compliance time after the effective date of 
this AD.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO), 
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 ACO, send it to the 
attention of the person identified in paragraph (k) of this AD. 
Information may be emailed to: <a href="/cdn-cgi/l/email-protection#5b62761a151676083e3a2f2f373e761a1814761a16141876093e2a2e3e282f281b3d3a3a753c342d"><span class="__cf_email__" data-cfemail="fcc5d1bdb2b1d1af999d88889099d1bdbfb3d1bdb1b3bfd1ae998d89998f888fbc9a9d9dd29b938a">[email&#160;protected]</span></a>.
    (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 required by this AD if it is approved by the 
Boeing Commercial Airplanes Organization Designation Authorization 
(ODA), which has been authorized by the Manager, Seattle ACO, to 
make those findings. For a repair method to be approved, the repair 
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 Nancy Marsh, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone: 425-917-6440; fax: 425-917-6590; email: 
<a href="/cdn-cgi/l/email-protection#76181718150f581b1704051e3610171758111900"><span class="__cf_email__" data-cfemail="d3bdb2bdb0aafdbeb2a1a0bb93b5b2b2fdb4bca5">[email&#160;protected]</span></a>.

(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 Special Attention Service Bulletin 737-57-1318, dated 
May 15, 2013.
    (ii) Reserved.
    (3) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P. O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.
    (4) You may view this service information at FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (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: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Renton, Washington, on January 18, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-02521 Filed 3-4-14; 8:45 am]
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