AD 2017-13-01

[Federal Register Volume 82, Number 119 (Thursday, June 22, 2017)]
[Rules and Regulations]
[Pages 28393-28395]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2017-12631]



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Rules and Regulations
                                                Federal Register
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Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Rules 
and Regulations

[[Page 28393]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9391; Directorate Identifier 2016-NM-129-AD; 
Amendment 39-18931; AD 2017-13-01]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all The 
Boeing Company Model 737-300, -400, and -500 series airplanes. This AD 
was prompted by a report of a crack in a certain body station (BS) 
frame inboard chord during supplemental structural inspection document 
(SSID) inspections. This AD requires repetitive detailed and high 
frequency eddy current (HFEC) inspections for any crack at the frame 
inboard chords, and repair if necessary. We are issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective July 27, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 27, 
2017.

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; telephone: 562-797-1717; Internet: <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>. You may view this 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. It is also available on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2016-
9391.

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 and locating Docket No. FAA-2016-
9391; 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 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: Galib Abumeri, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification 
Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 
562-627-5324; fax: 562-627-5210; email: <a href="/cdn-cgi/l/email-protection#fa9d9b969398d49b988f979f8893ba9c9b9bd49d958c"><span class="__cf_email__" data-cfemail="1d7a7c71747f337c7f6870786f745d7b7c7c337a726b">[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 737-300, -400, and -500 series airplanes. The NPRM published in 
the Federal Register on November 18, 2016 (81 FR 81707) (``the NPRM''). 
The NPRM was prompted by a report of a crack in a certain BS frame 
inboard chord during SSID inspections. The NPRM proposed to require 
repetitive detailed and HFEC inspections for any crack at the frame 
inboard chords, and repair if necessary. We are issuing this AD to 
detect and correct any crack in the inboard chord of the BS 578 (737-
400 series airplanes) and BS 616 (737-300 and -500 series airplanes) 
frame below stringers S-11L or S-11R, which could result in structural 
failure of the frame and possible rapid decompression.

Comments

    We 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.

Support for the NPRM

    United Airlines expressed support for the NPRM.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing the supplemental 
type certificate (STC) ST01219SE does not affect the actions specified 
in the NPRM.
    We concur with the commenter. We have redesignated paragraph (c) of 
the NPRM 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 Clarification of Location

    Boeing requested that we clarify the location of the body station 
for the inspection of the frame inboard chords. Boeing pointed out that 
the NPRM stated: ``in the inboard chord of the BS 616 frame.'' Boeing 
also pointed out that the service information specifies that for 737-
300 and -500 airplanes the corresponding body station is BS 616, but 
for 737-400 airplanes, with two overwing exit doors, the corresponding 
body station is BS 578.
    We agree that clarification of the body station for the 
corresponding airplane configuration is necessary. We have revised the 
Discussion section of this final rule and paragraph (e) of this AD to 
specify ``the inboard chord of the BS 578 (737-400 series airplanes) 
and BS 616 (737-300 and -500 series airplanes) frame.''

Request for Additional AMOC Delegation Authority

    Boeing requested that we include ``Authorized Representative'' (AR) 
and ``Seattle ACO'' in paragraph (j)(3) of the proposed AD. 
Specifically, the commenter requested that ``Boeing Commercial 
Airplanes Organization Designation Authorization (ODA) that has been 
authorized by the Manager, Los Angeles ACO'' be revised to ``Authorized 
Representative for the

[[Page 28394]]

Boeing Commercial Airplanes ODA that has been authorized by the 
Manager, Los Angeles ACO or by the Manager, Seattle ACO.'' The 
commenter mentioned that AMOCs are approved by individual ARs of the 
Boeing Commercial Airplanes ODA but not all unit members of the ODA 
have the authority to provide AMOC approvals to the AD. The commenter 
also pointed out that Los Angeles ACO and Seattle ACO have both 
authorized specific ARs to make findings.
    We disagree with including ARs and the Seattle ACO in paragraph 
(j)(3) of this final rule. The Los Angeles ACO is now responsible for 
the Continued Operational Safety of the affected Model 737 airplanes, 
and delegates AMOC authority to the Boeing Commercial Airplanes ODA 
based on individual ADs. As a result, AMOC delegation authority is 
limited to the Manager of the Los Angeles ACO and does not include the 
Manager of the Seattle ACO. Additionally, including ARs is unnecessary 
because both the Los Angeles ACO and Seattle ACO authorize only 
specific ARs to approve AMOCs. We have not changed this AD in this 
regard.

Conclusion

    We 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. We have determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 737-53A1366, dated May 
17, 2016. The service information describes procedures for repetitive 
detailed and HFEC inspections for cracking at certain BS frame inboard 
chords, 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 the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 400 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
             Action                      Labor cost          Parts cost   Cost per  product        operators
----------------------------------------------------------------------------------------------------------------
Detailed and HFEC Inspections...  8 work-hours x $85 per             $0  $680 per inspection  $272,000 per
                                   hour = $680 per                        cycle.               inspection cycle.
                                   inspection cycle.
----------------------------------------------------------------------------------------------------------------

    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:

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):

2017-13-01 The Boeing Company: Amendment 39-18931; Docket No. FAA-
2016-9391; Directorate Identifier 2016-NM-129-AD.

(a) Effective Date

    This AD is effective July 27, 2017.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to all The Boeing Company Model 737-300, -
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/EBD1CEC7B301293E86257CB30045557A?OpenDocument&Highlight=st01219se">http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/EBD1CEC7B301293E86257CB30045557A?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 53, Fuselage.

[[Page 28395]]

(e) Unsafe Condition

    This AD was prompted by a report of a crack in the body station 
(BS) 616 frame inboard chord during supplemental structural 
inspection document (SSID) inspections; the crack was located at the 
lowest fastener hole of the inboard chord inboard strap below 
stringer S-11R. We are issuing this AD to detect and correct any 
crack in the inboard chord of the BS 578 (737-400 series airplanes) 
and BS 616 (737-300 and -500 series airplanes) frame below stringers 
S-11L or S-11R, which could result in structural failure of the 
frame and possible rapid decompression.

(f) Compliance

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

(g) Repetitive Detailed and High Frequency Eddy Current (HFEC) 
Inspections

    Except as required by paragraph (i) of this AD, at the 
applicable times specified in table 1 of paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 737-53A1366, dated 
May 17, 2016: Do detailed and HFEC inspections for any crack at the 
frame inboard chords, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin 737-53A1366, dated May 
17, 2016. Repeat the inspections thereafter at the time specified in 
table 1 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service 
Bulletin 737-53A1366, dated May 17, 2016.

(h) Repair

    If any crack is found during any inspection required by 
paragraph (g) of this AD, repair before further flight using a 
method approved in accordance with the procedures specified in 
paragraph (j) of this AD. Although Boeing Alert Service Bulletin 
737-53A1366, dated May 17, 2016, specifies to contact Boeing for 
repair instructions, and specifies that action as ``RC'' (Required 
for Compliance), this AD requires repair as specified in this 
paragraph.

(i) Service Information Exceptions

    Where Boeing Alert Service Bulletin 737-53A1366, dated May 17, 
2016, 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, Los Angeles 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#724b5f333c3f5f3e3333313d5f333f3d315f2017030717010601321413135c151d04"><span class="__cf_email__" data-cfemail="e6dfcba7a8abcbaaa7a7a5a9cba7aba9a5cbb483979383959295a6808787c8818990">[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, modification, or alteration required by this AD 
if it is approved by the Boeing Commercial Airplanes Organization 
Designation Authorization (ODA) that has been authorized by the 
Manager, Los Angeles ACO, 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) Except as required by paragraph (h) of this AD: For service 
information that contains steps that are labeled as RC, the 
provisions of paragraphs (j)(4)(i) and (j)(4)(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 sub-step is labeled ``RC Exempt,'' then 
the RC requirement is removed from that step or sub-step. 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 Galib Abumeri, 
Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles ACO, 
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5324; fax: 562-627-5210; email: <a href="/cdn-cgi/l/email-protection#a2c5c3cecbc08cc3c0d7cfc7d0cbe2c4c3c38cc5cdd4"><span class="__cf_email__" data-cfemail="3057515c59521e5152455d554259705651511e575f46">[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 Alert Service Bulletin 737-53A1366, dated May 17, 
2016.
    (ii) Reserved.
    (3) For Boeing 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; telephone: 562-797-1717; Internet: <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.
    (4) You may view this 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.
    (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 June 9, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-12631 Filed 6-21-17; 8:45 am]
BILLING CODE 4910-13-P