AD 2017-23-05

[Federal Register Volume 82, Number 219 (Wednesday, November 15, 2017)]
[Rules and Regulations]
[Pages 52838-52840]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2017-24624]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0772; Product Identifier 2017-NM-075-AD; Amendment 
39-19099; AD 2017-23-05]
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 crack indications in the 
right wing upper aft skin, originating from fastener holes common to 
the rear spar upper chord. This AD requires repetitive inspections for 
cracking of the wing upper aft skin, and applicable on-condition 
actions. We are issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective December 20, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 20, 
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 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-
0772.

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-
0772; 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#4636273f2b27286835292a3227282f0620272768212930"><span class="__cf_email__" data-cfemail="6515041c08040b4b160a0911040b0c250304044b020a13">[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 August 15, 2017 (82 FR 
38632). The NPRM was prompted by a report of crack indications in the 
right wing upper aft skin, originating from fastener holes common to 
the rear spar upper chord at wing buttock line (WBL) 172.30 and WBL 
197.38. The cracks were found on airplanes with 58,148 to 64,204 total 
flight hours and 45,512 to 51,409 total flight cycles. This cracking, 
if not corrected, could result in the inability of a principal 
structural element to sustain flight load, which could adversely affect 
the structural integrity of the airplane. The NPRM proposed to require 
repetitive inspections for cracking of the wing upper aft skin at and 
forward of the rear spar upper chord, and applicable on-condition 
actions.
    We are issuing this AD to detect and correct cracking of the wing 
upper aft skin, which can lead to the inability of a principal 
structural element to sustain flight load, and adversely affect the 
structural integrity of the airplane.

Comments

    We gave the public the opportunity to participate in developing 
this final rule. We have considered the comments received.

Support for the NPRM

    The Boeing Company supported 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 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 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 737-57A1335, dated May 
24, 2017. The service information describes procedures for repetitive 
inspections for cracking of the wing upper aft skin at and forward of 
the rear spar upper chord, and applicable on-condition actions. 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 160 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

[[Page 52839]]



                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                Cost on U.S.
          Action                   Labor cost           Parts cost      Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspection...............  4 work-hours x $85 per                 $0  $340 per inspection   $54,400 per
                            hour = $340 per                            cycle.                inspection cycle.
                            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.
    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):

2017-23-05 The Boeing Company: Amendment 39-19099; Docket No. FAA-
2017-0772; Product Identifier 2017-NM-075-AD.

(a) Effective Date

    This AD is effective December 20, 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/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 57, Wings.

(e) Unsafe Condition

    This AD was prompted by reports of crack indications in the 
right wing upper aft skin, originating from fastener holes common to 
the rear spar upper chord. We are issuing this AD to detect and 
correct cracking of the wing upper aft skin, which can lead to the 
inability of a principal structural element to sustain flight load, 
and adversely affect the structural integrity of the airplane.

(f) Compliance

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

(g) Required Actions

    (1) For airplanes identified as Group 2 in Boeing Alert Service 
Bulletin 737-57A1335, dated May 24, 2017: Except as required by 
paragraph (h) of this AD, at the applicable times specified in 
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 
737-57A1335, dated May 24, 2017, do all applicable actions 
identified as ``RC'' (required for compliance) in, and in accordance 
with, the Accomplishment Instructions of Boeing Alert Service 
Bulletin 737-57A1335, dated May 24, 2017.
    (2) For airplanes identified as Group 1 in Boeing Alert Service 
Bulletin 737-57A1335, dated May 24, 2017: Within 120 days after the 
effective date of this AD, inspect the airplane and do all 
applicable corrective actions using a method approved in accordance 
with the procedures specified in paragraph (i) of this AD.

(h) Exceptions to Service Information Specifications

    (1) For purposes of determining compliance with the requirements 
of this AD, the phrase ``the effective date of this AD'' may be 
substituted for ``the original issue date of this service 
bulletin,'' as specified in Boeing Alert Service Bulletin 737-
57A1335, dated May 24, 2017.
    (2) Where Boeing Alert Service Bulletin 737-57A1335, dated May 
24, 2017, specifies contacting Boeing, and specifies that action as 
RC: This AD requires using a method approved in accordance with the 
procedures specified in paragraph (i) of this AD.

(i) 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 (j) of this

[[Page 52840]]

AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#80b9adc1cecdadccc1c1c3cfadc1cdcfc3add2e5f1f5e5f3f4f3c0e6e1e1aee7eff6"><span class="__cf_email__" data-cfemail="d0e9fd919e9dfd9c9191939ffd919d9f93fd82b5a1a5b5a3a4a390b6b1b1feb7bfa6">[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 (h)(2) of this AD: For 
service information that contains steps that are labeled as RC, the 
provisions of paragraphs (i)(4)(i) and (i)(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.

(j) 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#d3a3b2aabeb2bdfda0bcbfa7b2bdba93b5b2b2fdb4bca5"><span class="__cf_email__" data-cfemail="e09081998d818ece938f8c94818e89a0868181ce878f96">[email&#160;protected]</span></a>.

(k) 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 737-57A1335, dated May 24, 
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-
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 
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 November 3, 2017.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2017-24624 Filed 11-14-17; 8:45 am]
 BILLING CODE 4910-13-P