AD 2017-13-13

[Federal Register Volume 82, Number 127 (Wednesday, July 5, 2017)]
[Rules and Regulations]
[Pages 30961-30964]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2017-13761]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0126; Directorate Identifier 2016-NM-211-AD; 
Amendment 39-18943; AD 2017-13-13]
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 certain 
The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 
series airplanes. This AD was prompted by reports of frame web cracking 
at certain locations. This AD requires repetitive inspections in 
certain locations of the frame web, and corrective action if necessary. 
We are issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective August 9, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 9, 
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 
90740-5600; 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-2017-
0126.

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-2017-
0126; 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#9afdfbf6f3f8b4fbf8eff7ffe8f3dafcfbfbb4fdf5ec"><span class="__cf_email__" data-cfemail="a2c5c3cecbc08cc3c0d7cfc7d0cbe2c4c3c38cc5cdd4">[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 certain The Boeing Company 
Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. The 
NPRM published in the Federal Register on March 2, 2017 (82 FR 12303) 
(``the NPRM''). The NPRM was prompted by reports of frame web cracking 
at the station (STA) 344 system penetration holes between stringer S-
22L and stringer S-24L. The NPRM proposed to require repetitive 
inspections in certain locations of the frame web, and corrective 
action if necessary. We are issuing this AD to detect and correct frame 
web cracking, which could grow in size until frames sever. Multiple 
adjacent severed frames, or a severed frame near cracks in the chem-
milled fuselage skin, could result in uncontrolled decompression of the 
airplane.

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.

Request To Change Inspection and Corrective Actions for Group 1 
Airplanes

    Boeing requested that we change the language in paragraph (g) of 
the proposed AD to remove a reference to Parts 2 and 3 of the 
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
53A1354, dated December 2, 2016. Boeing noted that Group 1 airplanes 
are those that have exceeded their limit of validity, and that the 
inspections are not applicable to those airplanes. Boeing stated that 
it believes the intent of paragraph (g) of the proposed AD is for the 
operator to obtain maintenance actions in accordance with a method 
approved by the FAA. Boeing further pointed out that the language in 
paragraph (g) of the proposed AD allows operators to perform 
inspections in accordance with Boeing Alert Service Bulletin 737-
53A1354, dated December 2, 2016, rather than in accordance with 
paragraph (j) of the proposed AD (obtaining an alternative method of 
compliance).
    We agree with the commenter's request for the reasons provided. We 
have revised paragraph (g) of this AD to clarify the appropriate 
actions for Group 1 airplanes.

Request To Correct a Service Bulletin Number

    Boeing requested that we change two sentences in paragraph (h) of 
the proposed AD that refer to ``Boeing Alert Service Bulletin 757-
53A1354.'' Boeing noted that the correct service bulletin number is 
``737-53A1354.''
    We agree with the commenter's request and have revised paragraph 
(h) of this AD accordingly.

[[Page 30962]]

Request To Revise the Proposed AD To Provide Credit for Removal of the 
1-Inch Diameter Hole at STA 336 or STA 344

    Boeing requested that we add a paragraph to the proposed AD to 
provide credit for previous actions to remove the 1-inch diameter hole 
at STA 336 or STA 344. Boeing noted that Boeing Alert Service Bulletin 
737-53A1354, dated December 2, 2016, provides an exception for the Part 
2 high frequency eddy current (HFEC) inspections of repaired locations, 
provided the repair is the corrective action for the crack condition, 
is approved by the Boeing Organization Designation Authorization (ODA), 
and does not re-install any open hole. Boeing added that the proposed 
AD does not include such language.
    We disagree with the request to revise this AD because it is not 
necessary. Paragraph (h) of this AD specifies to do the applicable 
inspections and related investigated and corrective actions in 
accordance with Boeing Alert Service Bulletin 737-53A1354, dated 
December 2, 2016. The service information already contains the criteria 
and language proposed by Boeing within the required for compliance (RC) 
steps in the Accomplishment Instructions of the service information. 
Therefore, this language does not need to be repeated in this AD. We 
have not changed this AD in this regard.

Request To Revise the Proposed AD To Provide Credit for Repairs of the 
Open Hole at STA 328

    Boeing requested that we add a paragraph to the proposed AD to 
provide credit for previous actions to repair any cracks at STA 328. 
Boeing noted that Boeing Alert Service Bulletin 737-53A1354, dated 
December 2, 2016, states that Part 3 HFEC inspections are not required 
for the STA 328 frame if STA 328 was repaired in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
53A1323. Boeing added that the proposed AD does not include such 
language.
    We disagree with the request to revise this AD because it is not 
necessary. Paragraph (h) of this AD specifies to do the applicable 
inspections and related investigated and corrective actions in 
accordance with Boeing Alert Service Bulletin 737-53A1354, dated 
December 2, 2016. The service information already contains the criteria 
and language proposed by Boeing within the RC steps in the 
Accomplishment Instructions of the service information. Therefore, this 
language does not need to be repeated in this AD. We have not changed 
this AD in this regard.

Request To Revise the Proposed AD To Provide Credit for Repairs That 
Remove or Plug an Open Hole Between Stringers S-20R and S-22R in the 
STA 328 Frame Web

    Boeing requested that we add a paragraph to the proposed AD to 
provide credit for previous actions to plug or remove any open hole 
between stringers S-20R and S-22R in the STA 328 frame web. Boeing 
noted that Boeing Alert Service Bulletin 737-53A1354, dated December 2, 
2016, states that Part 3 HFEC inspections are not required at an open 
hole in the STA 328 frame web if there is an installed repair that 
plugs or removes the open hole between stringers S-20R and S-22R, and 
the repair was approved by the Boeing ODA. Boeing added that the 
proposed AD does not include such language.
    We disagree with the request to revise this AD because it is not 
necessary. Paragraph (h) of the proposed AD specifies to do the 
applicable inspections and related investigated and corrective actions 
in accordance with Boeing Alert Service Bulletin 737-53A1354, dated 
December 2, 2016. The service information already contains the criteria 
and language proposed by Boeing within the RC steps in the 
Accomplishment Instructions of the service information. Therefore, this 
language does not need to be repeated in this AD. We have not changed 
this AD in this regard.

Request To Change Compliance Times

    The European Aviation Safety Agency (EASA) requested that we change 
the compliance times for the initial HFEC inspections required by 
paragraph (h) of the proposed AD (i.e., before 35,000 total flight 
cycles or within 4,500 flight cycles) to match the compliance times 
specified in Boeing Alert Service Bulletin 737-53A1323, dated December 
6, 2013, (i.e., for Group 2-5 airplanes with less than 28,300 total 
flight cycles, before the accumulation of 20,000 total flight cycles or 
within 2,200 flight cycles). EASA claimed that it would be desirable to 
match the compliance times, as they are both addressing the same root 
problem in the same area, using the same inspection type. EASA noted 
that Boeing Alert Service Bulletin 737-53A1323, dated December 6, 2013, 
is referenced in an FAA NPRM, Docket No. FAA-2014-0346 (we note that 
the final rule has been published: AD 2015-23-08, Amendment 39-18324 
(80 FR 73949, November 27, 2015)).
    We disagree with the commenter's request. The HFEC inspections for 
the right side frames included in Boeing Alert Service Bulletin 737-
53A1354, dated December 2, 2016, were added based on analysis, not 
reported cracking. Boeing Alert Service Bulletin 737-53A1354, dated 
December 2, 2016 covers specific areas not included in Boeing Alert 
Service Bulletin 737-53A1323, dated December 6, 2013. Since there have 
been no reports of cracking in the applicable inspection areas on the 
right side of the airplane, there is no technical justification to 
lower the initial inspection times in this AD. We have not changed this 
AD in this regard.

Effects 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 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.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this final rule 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 737-53A1354, dated 
December 2, 2016. The service information describes procedures for 
repetitive HFEC, detailed, and general visual inspections in certain 
locations of the frame web. This service information is

[[Page 30963]]

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 82 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
----------------------------------------------------------------------------------------------------------------
HFEC, detailed, and general        114 work-hours x                 $0  $9,690 per           $794,580 per
 visual inspections.                $85 per hour =                       inspection cycle.    inspection cycle.
                                    $9,690 per
                                    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):

2017-13-13 The Boeing Company: Amendment 39-18943; Docket No. FAA-
2017-0126; Directorate Identifier 2016-NM-211-AD.

(a) Effective Date

    This AD is effective August 9, 2017.

(b) Affected ADs

    None.

(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-
53A1354, dated December 2, 2016.
    (2) Installation of Supplemental Type Certificate (STC) 
ST01219SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/
rgstc.nsf/0/ebd1cec7b301293e86257cb30045557a/$FILE/ST01219SE.pdf) 
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 frame web cracking at station 
(STA) 344 system penetration holes between stringer S-22L and 
stringer S-24L. We are issuing this AD to detect and correct such 
cracking, which could grow in size until frames sever. Multiple 
adjacent severed frames, or a severed frame near cracks in the chem-
milled fuselage skin, could result in uncontrolled decompression of 
the airplane.

(f) Compliance

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

(g) Group 1 Airplanes: Inspections and Corrective Actions

    For airplanes identified as Group 1 in Boeing Alert Service 
Bulletin 737-53A1354, dated December 2, 2016: Within 120 days after 
the effective date of this AD, accomplish actions to correct the 
unsafe condition (e.g. inspections, repairs, and corrective 
actions), using a method approved in accordance with the procedures 
specified in paragraph (j) of this AD.

(h) Group 2 Airplanes: Repetitive Inspections and Corrective Actions

    For airplanes identified as Group 2 in Boeing Alert Service 
Bulletin 737-53A1354, dated December 2, 2016: At the applicable 
times specified in paragraph 1.E., ``Compliance,'' of Boeing Alert 
Service Bulletin 737-53A1354, dated December 2, 2016, except as 
required by paragraph (i)(1) of this AD: Do the inspections 
specified in paragraphs (h)(1), (h)(2), and (h)(3) of this AD, and 
do all applicable corrective actions, in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
53A1354, dated December 2, 2016, except as required by paragraph 
(i)(2) of this AD. Repeat the inspections thereafter at the 
applicable times specified in paragraph 1.E., ``Compliance,'' of 
Boeing Alert Service Bulletin 737-53A1354, dated December 2, 2016. 
Do all applicable corrective actions before further flight.
    (1) Do high frequency eddy current (HFEC), detailed, and general 
visual inspections for cracking of the left side section 41 lower 
lobe frames, between STA 268.25 and STA 360.
    (2) Do detailed and general visual inspections for cracking of 
the right side section 41 lower lobe frames, between STA 268.25 and 
STA 360.

[[Page 30964]]

    (3) Do an HFEC inspection for cracking of the right side STA 
312, STA 328, and STA 344, section 41 lower lobe frames.

(i) Service Information Exceptions

    (1) Where paragraph 1.E., ``Compliance,'' of Boeing Alert 
Service Bulletin 737-53A1354, dated December 2, 2016, specifies a 
compliance time ``after the original date of this service 
bulletin,'' this AD requires compliance within the specified 
compliance time after the effective date of this AD.
    (2) Where Boeing Alert Service Bulletin 737-53A1354, dated 
December 2, 2016, specifies to contact Boeing for repair 
instructions, and specifies that action as Required for Compliance 
(RC), this AD requires repair before further flight 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 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#586175191615751419191b17751915171b750a3d292d3d2b2c2b183e3939763f372e"><span class="__cf_email__" data-cfemail="61584c202f2c4c2d2020222e4c202c2e224c3304101404121512210700004f060e17">[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 (i)(2) of this AD: For 
service information that contains steps that are labeled as Required 
for Compliance (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 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 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#1c7b7d70757e327d7e6971796e755c7a7d7d327b736a"><span class="__cf_email__" data-cfemail="442325282d266a2526312921362d042225256a232b32">[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 737-53A1354, dated December 2, 
2016.
    (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 <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 21, 2017.
John P. Piccola, Jr.,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-13761 Filed 7-3-17; 8:45 am]
 BILLING CODE 4910-13-P