AD 2019-14-15

[Federal Register Volume 84, Number 158 (Thursday, August 15, 2019)]
[Rules and Regulations]
[Pages 41611-41614]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2019-17505]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0249; Product Identifier 2019-NM-010-AD; Amendment 
39-19693; AD 2019-14-15]
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 superseding Airworthiness Directive (AD) 2017-25-
12, which applied to all The Boeing Company Model 737-100, -200, -200C, 
-300, -400, and -500 series airplanes. AD 2017-25-12 required 
repetitive inspections for cracking of the webs of the stub beams at 
certain fuselage stations (STAs), and applicable on-condition actions. 
This AD also requires repetitive inspections to include certain other 
fuselage stations for cracking of the stub beams, repetitive 
inspections for existing repairs at certain locations, and applicable 
on-condition actions. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective September 19, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
19, 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-
0249.

[[Page 41612]]

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-
0249; 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: Peter Jarzomb, Aerospace Engineer, 
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount 
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5234; fax: 562-627-
5210; email: <a href="/cdn-cgi/l/email-protection#7323160716015d391201091c1e11331512125d141c05"><span class="__cf_email__" data-cfemail="fdad9889988fd3b79c8f8792909fbd9b9c9cd39a928b">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2017-25-12, Amendment 39-19126 (82 FR 
59967, December 18, 2017) (``AD 2017-25-12''). AD 2017-25-12 applied to 
all The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 
series airplanes. The NPRM published in the Federal Register on April 
22, 2019 (84 FR 16628). The NPRM was prompted by reports of cracking in 
the webs of the stub beams at certain fuselage STAs, and cracking of 
the stub beam at fuselage STA 685 at the inboard end of the upper chord 
and the outboard end of the lower chord. The NPRM proposed to continue 
to require the existing repetitive inspections at certain fuselage 
stations for cracking of the stub beams, and applicable on-condition 
actions, and to also require repetitive inspections at fuselage STA 
685. The FAA is issuing this AD to address cracking of the stub beams, 
which, if not corrected, could result in the loss of structural 
integrity of the airframe during flight, collapse of the main landing 
gear, and failure of the pressure deck.

Comments

    The FAA 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 concurred with the content of the NPRM. Nathan Levin and 
Christopher D. George expressed support for the NPRM.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing Supplemental 
Type Certificate (STC) ST01219SE does not affect compliance with the 
proposed actions.
    The FAA concurs with the commenter. Paragraph (c) of the proposed 
AD has been redesignated as paragraph (c)(1) of this AD, and paragraph 
(c)(2) has been added 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 requirement 
of 14 CFR 39.17.

Request To Improve the Effectiveness of Required Inspections

    Christopher D. George stated that the inspections for fuselage 
cracking specified in the proposed AD might avert a potential inflight 
catastrophe, but they fall short of identifying the root issue behind 
potentially flawed designs and/or inadequate building materials. The 
commenter shared additional concerns regarding the extent and 
requirements of the new fuselage inspection criteria.
    The FAA infers that the commenter is requesting that the inspection 
requirements specified in the proposed AD be revised so the inspection 
reports provide extensive information regarding the root cause of the 
unsafe condition. The FAA disagrees with the commenter's request. The 
change requested by the commenter to include inspections that identify 
the root issue behind potentially flawed designs and/or inadequate 
building materials is outside the scope of this AD. The purpose of this 
AD is to address the identified unsafe condition. The FAA has 
determined that the inspections required by this AD adequately address 
the unsafe condition: Cracking in the webs of the stub beams at certain 
fuselage stations, and cracking of the stub beam at fuselage STA 685 at 
the inboard end of the upper chord and the outboard end of the lower 
chord.
    As a component of our safety management system, we verify that the 
safety systems of the design approval holder meet applicable 
requirements. Working with approval holders during the design 
development process, we strive to avoid unsafe conditions in the first 
place. We are continuously evaluating our certification system and 
procedures and improving them when problems are found. In addition, if 
the FAA is made aware of issues occurring on a certificated product, we 
conduct an investigation, evaluate the manufacturer's root-cause 
analysis, and make a determination whether or not an unsafe condition 
exists. We then take appropriate action to mitigate the unsafe 
condition. The AD has not been revised in regard to this issue.

Conclusion

    The FAA 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. 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 has also determined that these changes will not increase 
the economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    The FAA has reviewed Boeing Alert Service Bulletin 737-53A1364, 
Revision 1, dated October 25, 2018. The service information describes 
procedures for inspections at certain fuselage stations for cracking of 
the stub beams (which includes the web, upper chord, and lower chord), 
repetitive general visual inspections for any existing repair in the 
STA 685 and STA 706 stub beam webs, and applicable on-condition 
actions. The inspections for cracking include high frequency eddy 
current (HFEC) and detailed inspections for cracking of the fuselage 
stub beam below the passenger floor at STA 685, STA 695, and STA 706, 
and HFEC inspections for cracking in repaired areas. 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 41613]]



                                      Estimated Costs for Required Actions
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                                                                                                Cost on U.S.
            Action                   Labor cost         Parts cost      Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspections...................  Up to 13 work-hours               $0  Up to $1,105 per      Up to $188,955 per
                                 x $85 per hour = Up                   inspection cycle.     inspection cycle.
                                 to $1,105 per
                                 inspection cycle.
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    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

    The FAA has determined that 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 removing Airworthiness Directive (AD) 
2017-25-12, Amendment 39-19126 (82 FR 59967, December 18, 2017), and 
adding the following new AD:

2019-14-15 The Boeing Company: Amendment 39-19693; Docket No. FAA-
2019-0249; Product Identifier 2019-NM-010-AD.

(a) Effective Date

    This AD is effective September 19, 2019.

(b) Affected ADs

    This AD replaces 2017-25-12, Amendment 39-19126 (82 FR 59967, 
December 18, 2017) (``AD 2017-25-12'').

(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 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 webs of the 
stub beams at certain fuselage stations (STAs), and cracking of the 
stub beam at fuselage STA 685 at the inboard end of the upper chord 
and the outboard end of the lower chord. The FAA is issuing this AD 
to address such cracking, which, if not corrected, could result in 
the loss of structural integrity of the airframe during flight, 
collapse of the main landing gear, and failure of the pressure deck.

(f) Compliance

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

(g) Required Actions for Group 1 Airplanes

    For airplanes identified as Group 1 in Boeing Alert Service 
Bulletin 737-53A1364, Revision 1, dated October 25, 2018: Within 120 
days after the effective date of this AD, inspect the stub beams and 
stub beam webs for any cracking or existing repairs, and do all 
applicable on-condition actions, using a method approved in 
accordance with the procedures specified in paragraph (j) of this 
AD.

(h) Required Actions for Groups 2 Through 6 Airplanes

    Except as specified by paragraph (i) of this AD: At the 
applicable times specified in paragraph 1.E., ``Compliance,'' of 
Boeing Alert Service Bulletin 737-53A1364, Revision 1, dated October 
25, 2018, do all applicable actions identified as ``RC'' (required 
for compliance) in, and in accordance with, the Accomplishment 
Instructions of Boeing Alert Service Bulletin 737-53A1364, Revision 
1, dated October 25, 2018.

(i) Exceptions to Service Information Specifications

    (1) For purposes of determining compliance with the requirements 
of this AD: Where Boeing Alert Service Bulletin 737-53A1364, 
Revision 1, dated October 25, 2018, uses the phrase ``the revision 1 
issue date of this service bulletin,'' this AD requires using ``the 
effective date of this AD,'' except where Boeing Alert Service 
Bulletin 737-53A1364, Revision 1, dated October 25, 2018, uses the 
phrase ``the original issue date of this service bulletin'' in a 
note or flag note.
    (2) Where Boeing Alert Service Bulletin 737-53A1364, Revision 1, 
dated October 25, 2018, specifies contacting Boeing for repair 
instructions: This AD requires doing the repair before further 
flight using a method approved in accordance with the procedures 
specified in paragraph (j) of this AD.

[[Page 41614]]

(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#b0899df1fefd9dfcf1f1f3ff9df1fdfff39de2d5c1c5d5c3c4c3f0d6d1d19ed7dfc6"><span class="__cf_email__" data-cfemail="caf3e78b8487e7868b8b8985e78b878589e798afbbbfafb9beb98aacababe4ada5bc">[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.
    (4) Except as specified by paragraph (i) 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 Peter Jarzomb, 
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5234; fax: 562-627-5210; email: <a href="/cdn-cgi/l/email-protection#81d1e4f5e4f3afcbe0f3fbeeece3c1e7e0e0afe6eef7"><span class="__cf_email__" data-cfemail="6b3b0e1f0e1945210a19110406092b0d0a0a450c041d">[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 737-53A1364, Revision 1, dated 
October 25, 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 July 26, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-17505 Filed 8-14-19; 8:45 am]
BILLING CODE 4910-13-P