[Federal Register Volume 85, Number 159 (Monday, August 17, 2020)]
[Proposed Rules]
[Pages 49978-49981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17837]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 85, No. 159 / Monday, August 17, 2020 /
Proposed Rules
[[Page 49978]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0689; Product Identifier 2020-NM-060-AD]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2013-18-08, which applies to certain The Boeing Company Model 737-200,
-200C, -300, -400, and -500 series airplanes. AD 2013-18-08 requires
repetitive inspections for cracking of certain upper and lower skin
panels of the fuselage, and of the fuselage skin along certain chem-
milled lines, and corrective actions if necessary. AD 2013-18-08 also
includes a terminating action for the repetitive inspections of certain
modified or repaired areas only. Since the FAA issued AD 2013-18-08,
there have been reports of additional cracking in certain horizontal
and vertical chem-milled step locations outside of those identified in
AD 2013-18-08. This proposed AD would continue to require repetitive
inspections for cracking of the fuselage skin along certain chem-milled
lines and applicable on-condition actions, and would expand the
inspection area. This AD would continue to provide terminating action
for repetitive inspections of certain modified or repaired areas. This
proposed AD would also add airplanes to the applicability. The FAA is
proposing this AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by October 1,
2020.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this NPRM, 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 https://www.myboeingfleet.com. You may
view this service information at the FAA, Airworthiness Products
Section, Operational Safety 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 https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0689.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0689; 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 NPRM, any comments received, and other information. The street
address for Docket Operations) is listed above. Comments will be
available in the AD docket shortly after receipt.
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: [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2020-0689;
Product Identifier 2020-NM-060-AD'' at the beginning of your comments.
The most helpful comments reference a specific portion of the proposal,
explain the reason for any recommended change, and include supporting
data. The FAA will consider all comments received by the closing date
and may amend this NPRM because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact received about this proposed AD.
Confidential Business Information
Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
this NPRM contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to this NPRM, it is important that you
clearly designate the submitted comments as CBI. Please mark each page
of your submission containing CBI as ``PROPIN.'' The FAA will treat
such marked submissions as confidential under the FOIA, and they will
not be placed in the public docket of this NPRM. Submissions containing
CBI should be sent to the person identified in the FOR FURTHER
INFORMATION CONTACT section. Any commentary that the FAA receives which
is not specifically designated as CBI will be placed in the public
docket for this rulemaking.
Discussion
Fatigue damage can occur locally, in small areas or structural
design details, or globally, in widespread areas. Multiple-site damage
is widespread damage that occurs in a large structural element such as
a single rivet line of a lap splice joining two large skin panels.
Widespread damage can also occur in
[[Page 49979]]
multiple elements such as adjacent frames or stringers. Multiple-site
damage and multiple-element damage cracks are typically too small
initially to be reliably detected with normal inspection methods.
Without intervention, these cracks will grow, and eventually compromise
the structural integrity of the airplane. This condition is known as
widespread fatigue damage (WFD). It is associated with general
degradation of large areas of structure with similar structural details
and stress levels. As an airplane ages, WFD will likely occur, and will
certainly occur if the airplane is operated long enough without any
intervention.
The FAA's WFD final rule (75 FR 69746, November 15, 2010) became
effective on January 14, 2011. The WFD rule requires certain actions to
prevent structural failure due to WFD throughout the operational life
of certain existing transport category airplanes and all of these
airplanes that will be certificated in the future. For existing and
future airplanes subject to the WFD rule, the rule requires that DAHs
establish a limit of validity (LOV) of the engineering data that
support the structural maintenance program. Operators affected by the
WFD rule may not fly an airplane beyond its LOV, unless an extended LOV
is approved.
The WFD rule (75 FR 69746, November 15, 2010) does not require
identifying and developing maintenance actions if the DAHs can show
that such actions are not necessary to prevent WFD before the airplane
reaches the LOV. Many LOVs, however, do depend on accomplishment of
future maintenance actions. As stated in the WFD rule, any maintenance
actions necessary to reach the LOV will be mandated by ADs through
separate rulemaking actions.
In the context of WFD, this action is necessary to enable DAHs to
propose LOVs that allow operators the longest operational lives for
their airplanes, and still ensure that WFD will not occur. This
approach allows for an implementation strategy that provides
flexibility to DAHs in determining the timing of service information
development (with FAA approval), while providing operators with
certainty regarding the LOV applicable to their airplanes.
The FAA issued AD 2013-18-08, Amendment 39-17581 (78 FR 60660,
October 2, 2013) (``AD 2013-18-08''), for certain The Boeing Company
Model 737-200, -200C, -300, -400, and -500 series airplanes. AD 2013-
18-08 requires repetitive inspections for cracking of certain upper and
lower skin panels of the fuselage, and of the fuselage skin along
certain chem-milled lines, and corrective actions if necessary. AD
2013-18-08 also includes a terminating action for the repetitive
inspections of certain modified or repaired areas only. The FAA issued
AD 2013-18-08 to address fatigue cracking of the skin panels, which
could result in sudden fracture and failure of the skin panels of the
fuselage, and consequent rapid decompression of the airplane.
Actions Since AD 2013-18-08 Was Issued
Since the FAA issued AD 2013-18-08, there have been reports of
additional cracking in the horizontal and vertical chem-milled step
locations outside of those identified in AD 2013-18-08. The cracking
was caused by fatigue from hoop stress and higher than expected bending
stresses across the chem-milled steps. The FAA has determined that the
repetitive inspections must be expanded to include these areas and that
additional airplanes are subject to the unsafe condition.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Boeing Alert Service Bulletin 737-53A1346, dated
March 27, 2020. This service information describes procedures for
repetitive detailed and non-destructive tests (NDTs) (including
external medium frequency eddy current (MFEC), external magneto optical
imaging (MOI), external c-scan, external sliding probe, external high
frequency eddy current (HFEC), external low frequency eddy current
(LFEC), internal ultrasonic phased array (UTPA), or internal
ultrasonic); inspections for cracking of the fuselage skin along all
horizontal and vertical chem-milled locations with a history of
cracking between stations (STAs) 259.5 and 1016; and applicable on-
condition actions. On-condition actions include repair; LFEC
inspections of certain repairs for cracking; detailed inspections of
certain repairs for cracking and loose, missing, or damaged fasteners;
replacement of loose, missing, or damaged fasteners; and preventative
modifications. 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.
FAA's Determination
The FAA is proposing this AD because the agency evaluated all the
relevant information and determined the unsafe condition described
previously is likely to exist or develop in other products of the same
type design.
Proposed AD Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2013-18-08, this proposed AD would retain certain
requirements of AD 2013-18-08. Those requirements are referenced in the
service information identified previously, which, in turn, is
referenced in paragraph (g) of this proposed AD. This proposed AD would
expand the area for the existing inspections for cracking of the
fuselage skin along all horizontal and vertical chem-milled locations
and add airplanes to the applicability. This proposed AD would also
require accomplishment of the actions identified as ``RC'' (required
for compliance) in the Accomplishment Instructions of Boeing Alert
Service Bulletin 737-53A1346, dated March 27, 2020, described
previously. For information on the procedures, see this service
information at https://www.regulations.gov by searching for and
locating Docket No. FAA-2020-0689.
Costs of Compliance
The FAA estimates that this proposed AD affects 141 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
Estimated Costs for Required Actions
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Action Labor cost Parts cost Cost per product
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Inspections......................... Up to 165 work[dash]hours x $0 Up to $1,977,525 per
$85 per hour = $14,025 per inspection cycle.
inspection cycle.
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[[Page 49980]]
The FAA estimates the following costs to do any necessary
corrective actions that would be required based on the results of the
proposed inspections. The FAA has no way of determining the number of
aircraft that might need these corrective actions:
Estimated Costs of On-Condition Actions
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Labor cost Parts cost Cost per product
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Up to 185 work-hours x $85 per $ * Up to $15,725.
hour = $15,725.
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* The FAA has received no definitive data that would enable providing
parts costs for the on-condition actions specified in this proposed
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.
Regulatory Findings
The FAA has determined that this proposed AD would not have
federalism implications under Executive Order 13132. This proposed AD
would 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 the proposed
regulation:
(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.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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)
2013-18-08, Amendment 39-17581 (78 FR 60660, October 2, 2013), and
adding the following new AD:
The Boeing Company: Docket No. FAA-2020-0689; Product Identifier
2020-NM-060-AD.
(a) Comments Due Date
The FAA must receive comments on this AD action by October 1,
2020.
(b) Affected ADs
This AD replaces AD 2013-18-08, Amendment 39-17581 (78 FR 60660,
October 2, 2013) (``AD 2013-18-08'').
(c) Applicability
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-
53A1346, dated March 27, 2020.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by reports of additional cracking in the
horizontal and vertical chem-milled step locations outside of those
identified in AD 2013-18-08. The FAA is issuing this AD to address
fatigue cracking of the skin panels, which could result in sudden
fracture and failure of the skin panels of the fuselage, and
consequent rapid decompression of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions for Group 1 Through 25 Airplanes
For airplanes identified as Group 1 through 25 in Boeing Alert
Service Bulletin 737-53A1346, dated March 27, 2020, except as
specified in paragraph (h) of this AD: At the applicable times
specified in paragraph 1.E., ``Compliance,'' of Boeing Alert Service
Bulletin 737-53A1346, dated March 27, 2020, do all applicable
actions identified as ``RC'' (required for compliance) in, and in
accordance with, the Accomplishment Instructions of Boeing Alert
Service Bulletin 737-53A1346, dated March 27, 2020. Actions
identified as terminating action in Boeing Alert Service Bulletin
737-53A1346, dated March 27, 2020, terminate the applicable required
actions of this AD, provided the terminating action is done in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 737-53A1346, dated March 27, 2020.
(h) Exceptions to Service Information Specifications
(1) Where Boeing Alert Service Bulletin 737-53A1346, dated March
27, 2020, uses the phrase ``the original issue date of this service
bulletin,'' this AD requires using ``the effective date of this
AD.''
(2) Where Boeing Alert Service Bulletin 737-53A1346, dated March
27, 2020, 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.
(i) Required Actions for Group 26 Airplanes
For airplanes identified as Group 26 in Alert Service Bulletin
737-53A1346, dated March 27, 2020: Within 120 days after the
effective date of this AD, inspect the fuselage skin along certain
chem-milled lines for cracks, 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 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)(1) of this AD. Information
may be emailed to: [email protected].
(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,
[[Page 49981]]
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) AMOCs approved previously for AD 2013-18-08 are approved as
AMOCs for the corresponding provisions of Boeing Alert Service
Bulletin 737-53A1346, dated March 27, 2020, that are required by
paragraph (g) of this AD.
(5) For service information that contains steps that are labeled
as Required for Compliance (RC), the provisions of paragraphs
(j)(5)(i) and (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
(1) 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: [email protected].
(2) 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 https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des Moines, WA. For information
on the availability of this material at the FAA, call 206-231-3195.
Issued on August 6, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-17837 Filed 8-14-20; 8:45 am]
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