AD 2017-17-04

[Federal Register Volume 82, Number 160 (Monday, August 21, 2017)]
[Rules and Regulations]
[Pages 39509-39511]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2017-17204]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0335; Product Identifier 2017-NM-025-AD; Amendment 
39-18994; AD 2017-17-04]
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 a report of cracks in the upper aft 
skin of the right wing at certain fastener holes along the rear spar 
upper chord. This AD requires repetitive inspections for cracking of 
the upper aft skin of the wings, and repair if necessary. We are 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective September 25, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
25, 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 Standards 
Branch, 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-2017-0335.

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-
0335; 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: Payman Soltani, Aerospace Engineer, 
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount 
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5313; fax: 562-627-
5210; email: <a href="/cdn-cgi/l/email-protection#79091800141817570a16150d181710391f1818571e160f"><span class="__cf_email__" data-cfemail="5c2c3d25313d32722f3330283d32351c3a3d3d723b332a">[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 Model 737-100, -200, -
200C, -300, -400, and -500 series airplanes. The NPRM published in the 
Federal Register on May 17, 2017 (82 FR 22619) (``the NPRM''). The NPRM 
was prompted by a report of cracks in the upper aft skin of the right 
wing at certain fastener holes along the rear spar upper chord. The 
NPRM proposed to require repetitive inspections for cracking of the 
upper aft skin of the wings, and repair if necessary.

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

    Boeing and Robert Simpson concurred with the content of 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 compliance with the 
actions specified in the NPRM.
    We agree with the commenter. We have redesignated paragraph (c) of 
the proposed AD as paragraph (c)(1) 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 change 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 737-57A1332, dated 
January 3, 2017. This service information describes procedures for 
repetitive detailed inspections of the upper aft skin of the wings for 
cracking. 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 471 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

[[Page 39510]]



                                                 Estimated Costs
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                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Repetitive inspections...........  5 work-hours x $85               $0  $425 per inspection  $200,175 per
                                    per hour = $425                      cycle.               inspection cycle.
                                    per inspection
                                    cycle.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that enables 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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes to 
the Director of the System Oversight Division.

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):

2017-17-04 The Boeing Company: Amendment 39-18994; Docket No. FAA-
2017-0335; Product Identifier 2017-NM-025-AD.

(a) Effective Date

    This AD is effective September 25, 2017.

(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 (http://rgl.faa.gov/Regulatory_and_Guidance_Library/
rgstc.nsf/0/312bc296830a925c86257c85006d1b1f/$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 57; Wings.

(e) Unsafe Condition

    This AD was prompted by a report of cracks in the upper aft skin 
of the right wing at certain fastener holes along the rear spar 
upper chord. We are issuing this AD to detect and correct cracks in 
the upper aft skin of the wings, which could result in the inability 
of a principle structural element to sustain limit load, and 
consequent reduced structural integrity of the airplane.

(f) Compliance

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

(g) Group 2 Airplanes: Detailed Inspections and Repair

    For Group 2 airplanes identified in Boeing Alert Service 
Bulletin 737-57A1332, dated January 3, 2017: At the applicable time 
specified in paragraph 1.E., ``Compliance,'' of Boeing Alert Service 
Bulletin 737-57A1332, dated January 3, 2017, except as required by 
paragraph (i) of this AD, do a detailed inspection for cracking of 
the upper aft skin of the wings from wing buttock line (WBL) 80 to 
WBL 155, in accordance with Part 1 of the Accomplishment 
Instructions of Boeing Alert Service Bulletin 737-57A1332, dated 
January 3, 2017. If any cracking is found, repair before further 
flight in accordance with the procedures specified in paragraph (j) 
of this AD. Although Boeing Alert Service Bulletin 737-57A1332, 
dated January 3, 2017, 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. 
Repeat the inspection thereafter at the applicable time specified in 
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 
737-57A1332, dated January 3, 2017.

(h) Group 1 Airplanes: Inspection and Corrective Action

    For Group 1 airplanes identified in Boeing Alert Service 
Bulletin 737-57A1332, dated January 3, 2017: Within 120 days after 
the effective date of this AD, inspect for cracking of the upper aft 
skin of the wings, and do all applicable corrective actions, using a 
method approved in accordance with the procedures specified in 
paragraph (j) of this AD.

(i) Exception to the Service Information

    Where Boeing Alert Service Bulletin 737-57A1332, dated January 
3, 2017, 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.

[[Page 39511]]

(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: <a href="/cdn-cgi/l/email-protection#6a53472b242747262b2b2925472b27252947380f1b1f0f191e192a0c0b0b440d051c"><span class="__cf_email__" data-cfemail="340d19757a7919787575777b1975797b77196651454151474047745255551a535b42">[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 Branch, 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 (g) 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 Payman Soltani, 
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5313; fax: 562-627-5210; email: <a href="/cdn-cgi/l/email-protection#d6a6b7afbbb7b8f8a5b9baa2b7b8bf96b0b7b7f8b1b9a0"><span class="__cf_email__" data-cfemail="4c3c2d35212d22623f2320382d22250c2a2d2d622b233a">[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 737-57A1332, dated January 3, 
2017.
    (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; 
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 
Standards Branch, 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 August 8, 2017.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2017-17204 Filed 8-18-17; 8:45 am]
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