AD 2019-13-02

[Federal Register Volume 84, Number 139 (Friday, July 19, 2019)]
[Rules and Regulations]
[Pages 34769-34772]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2019-15358]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0022; Product Identifier 2018-NM-162-AD; Amendment 
39-19675; AD 2019-13-02]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain The Boeing Company Model 737-200, -200C, -300, -400, and -500 
airplanes. This AD was prompted by reports of cracking in the lower 
lobe skin panel assemblies of the fuselage and an evaluation by the 
design approval holder (DAH) indicating that these assemblies are 
subject to widespread fatigue damage (WFD). This AD requires 
replacement of lower lobe skin panel assemblies, detailed inspections 
for scribe lines, and applicable on-

[[Page 34770]]

condition actions. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective August 23, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 23, 
2019.

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, 2200 South 216th St., Des Moines, WA. 
For information on the availability of this material at the FAA, call 
206-231-3195. 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-2019-
0022.

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-2019-
0022; or in person at Docket Operations 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 Docket Operations is 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: James Guo, Aerospace Engineer, 
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount 
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5357; fax: 562-627-
5210; email: <a href="/cdn-cgi/l/email-protection#97fdf6faf2e4b9f0e2f8d7f1f6f6b9f0f8e1"><span class="__cf_email__" data-cfemail="f89299959d8bd69f8d97b89e9999d69f978e">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA 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 737-200, -200C, -300, -400, and -500 airplanes. The NPRM 
published in the Federal Register on February 22, 2019 (84 FR 5614). 
The NPRM was prompted by reports of cracking in the lower lobe skin 
panel assemblies of the fuselage. The NPRM proposed to require 
replacement of lower lobe skin panel assemblies, detailed inspections 
for scribe lines, and applicable on-condition actions.
    The FAA is issuing this AD to address the possibility of skin crack 
growth and multiple adjacent cracks at chem-milled steps in the 
fuselage skin linking up with each other, which could lead to 
decompression or loss of structural integrity of the airplane.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The following presents the comments 
received on the NPRM and the FAA's response to each comment.

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.
    The FAA concurs with the commenter. The FAA has 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.

Request To Revise What Prompted the NPRM

    Boeing requested that the FAA change the SUMMARY section of the 
NPRM and paragraph (e) of the proposed AD to indicate that the proposed 
AD was prompted by the DAH indication that the lower skin panel 
assemblies of the fuselage are subject to WFD. Boeing asserted that 
this kind of language was used to address a similar issue in a previous 
AD and in the associated service information.
    The FAA partially agrees that this AD was prompted by the DAH 
evaluation of WFD in this area, because the DAH did perform the 
evaluation. However, the FAA disagrees that this is the only reason for 
the creation of the proposed AD. The FAA has revised the SUMMARY 
section in this final rule and paragraph (e) of this AD to state that 
the AD was prompted by reports of cracking in the lower lobe skin panel 
assemblies and by a DAH evaluation that lower lobe skin panel 
assemblies of the fuselage are subject to WFD.

Request To Change Organization Designation Authorization (ODA) Name

    Boeing requested that the FAA change ``the Boeing Commercial 
Airplanes Organization Designation Authorization (ODA)'' to ``The 
Boeing Company Organization Designation Authorization (ODA),'' because 
the name of the ODA has changed.
    The FAA agrees with the request. The FAA has made the requested 
change in this AD.

Conclusion

    The FAA 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. The FAA has determined that these minor 
changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    The FAA 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

    The FAA reviewed Boeing Alert Requirements Bulletin 737-53A1379 RB, 
dated September 4, 2018. The service information describes procedures 
for replacement of lower lobe skin panel assemblies, detailed 
inspections for scribe lines, 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

    The FAA estimates that this AD affects 171 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

[[Page 34771]]



                                     Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection and replacement............  688 work-hours x $85 per             (*)       * $58,480   * $10,000,080
                                         hour = $58,480.
----------------------------------------------------------------------------------------------------------------
* Parts cost unavailable.

    The FAA has received no definitive data that would enable the 
agency 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.
    The FAA is 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 and 
associated appliances 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) Will not affect intrastate aviation in Alaska, and
    (3) 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):

2019-13-02 The Boeing Company: Amendment 39-19675; Docket No. FAA-
2019-0022; Product Identifier 2018-NM-162-AD.

(a) Effective Date

    This AD is effective August 23, 2019.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to The Boeing Company Model 737-200, -200C, 
-300, -400, and -500 airplanes, certificated in any category, as 
identified in Boeing Alert Requirements Bulletin 737-53A1379 RB, 
dated September 4, 2018.
    (2) Installation of Supplemental Type Certificate (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.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by reports of cracking in the lower lobe 
skin panel assemblies of the fuselage and an evaluation by the 
design approval holder (DAH) indicating that the lower lobe skin 
panel assemblies of the fuselage are subject to widespread fatigue 
damage (WFD). The FAA is issuing this AD to address the possibility 
of skin crack growth and multiple adjacent cracks at chem-milled 
steps in the fuselage skin linking up with each other, which could 
lead to decompression or loss of structural integrity of the 
airplane.

(f) Compliance

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

(g) Required Actions

    Except as specified by paragraph (h) of this AD: At the 
applicable times specified in the ``Compliance'' paragraph of Boeing 
Alert Requirements Bulletin 737-53A1379 RB, dated September 4, 2018, 
do all applicable actions identified in, and in accordance with, the 
Accomplishment Instructions of Boeing Alert Requirements Bulletin 
737-53A1379 RB, dated September 4, 2018.

    Note 1 to paragraph (g): Guidance for accomplishing the actions 
required by this AD can be found in Boeing Alert Service Bulletin 
737-53A1379, dated September 4, 2018, which is referred to in Boeing 
Alert Requirements Bulletin 737-53A1379 RB, dated September 4, 2018.

(h) Exceptions to Service Information Specifications

    (1) For purposes of determining compliance with the requirements 
of this AD: Where Boeing Alert Requirements Bulletin 737-53A1379 RB, 
dated September 4, 2018, uses the phrase ``the original issue date 
of Requirements Bulletin 737-53A1379 RB,'' this AD requires using 
``the effective date of this AD.''
    (2) Where Boeing Alert Requirements Bulletin 737-53A1379 RB, 
dated September 4, 2018, specifies contacting Boeing for work 
instructions or for scribe line repair and skin panel replacement 
instructions: This AD requires doing the work and the scribe line 
repair and skin panel replacement before further flight 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 34772]]

AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#c3faee828d8eee8f8282808cee828e8c80ee91a6b2b6a6b0b7b083a5a2a2eda4acb5"><span class="__cf_email__" data-cfemail="152c38545b5838595454565a3854585a56384770646070666166557374743b727a63">[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 Company Organization Designation 
Authorization (ODA) that has been authorized by the Manager, Los 
Angeles ACO Branch, FAA, 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.

(j) Related Information

    For more information about this AD, contact James Guo, Aerospace 
Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 3960 
Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5357; 
fax: 562-627-5210; email: <a href="/cdn-cgi/l/email-protection#92f8f3fff7e1bcf5e7fdd2f4f3f3bcf5fde4"><span class="__cf_email__" data-cfemail="4f252e222a3c61283a200f292e2e61282039">[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 Requirements Bulletin 737-53A1379 RB, dated 
September 4, 2018.
    (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, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 
206-231-3195.
    (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 Des Moines, Washington, on June 28, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-15358 Filed 7-18-19; 8:45 am]
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