[Federal Register Volume 84, Number 249 (Monday, December 30, 2019)]
[Rules and Regulations]
[Pages 71776-71778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28066]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0487; Product Identifier 2019-NM-044-AD; Amendment
39-19810; AD 2019-23-16]
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 all
The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500
series airplanes. This AD was prompted by a report of a fuel leak
resulting from a crack on the left in-spar upper wing skin. This AD
requires repetitive surface high frequency eddy current (HFEC)
inspections of the left and right upper wing skin for any crack,
repetitive general visual inspections of the upper wing skin in the
adjacent rib bay areas for any crack, and applicable on-condition
actions. The FAA is issuing this AD to address the unsafe condition on
these products.
DATES: This AD is effective February 3, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of February 3,
2020.
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; phone: 562-797-1717; internet: https://www.myboeingfleet.com. 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 https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0487.
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-2019-
0487; 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: 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: [email protected].
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 all The Boeing Company
Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. The
NPRM published in the Federal Register on July 8, 2019 (84 FR 32343).
The NPRM was prompted by a report of a fuel leak resulting from a crack
on the left in-spar upper wing skin. The NPRM proposed to require
repetitive HFEC inspections of the left and right upper wing skin for
any crack, repetitive general visual inspections of the upper wing skin
in the adjacent rib bay areas for any crack, and applicable on-
condition actions.
The FAA is issuing this AD to address cracks in the upper wing
skin, which could grow undetected. This condition, if not addressed,
could result in the inability of the structure to carry limit load and
adversely affect the 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.
Support for the NPRM
Boeing concurred with 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 the actions specified
in the proposed AD.
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 Allow Later Revisions to the Service Information
John Straiton requested that the FAA revise the proposed AD to
allow the use of later revisions to the service information. The
commenter pointed out that allowing the use of later revisions would
make it easier for the operator to ensure compliance and that all
maintenance is certified to the latest maintenance data. The commenter
also mentioned that allowing the use of later revisions would make it
unnecessary for operators to wait for new ADs that include the latest
revisions to the service information, or for operators to request an
AMOC that allows the use of the latest revisions to the service
information. The commenter stated that this would reduce the delay in
implementation of the latest revisions to the service information and
also reduce the maintenance costs associated with the issuance of
AMOCs. The commenter also pointed out that the European Union Aviation
Safety Agency (EASA) incorporates similar language in its ADs.
The FAA disagrees with the request to allow later revisions to the
service information. The FAA may not refer to any document that does
not yet exist in an AD. In general terms, the FAA is required by Office
of the Federal Register (OFR) regulations for approval of materials
incorporated by reference, as specified in 1 CFR 51.1(f), to either
publish the service document contents as part of the actual AD
language; or submit the service document to the OFR for approval as
referenced material, in which case the FAA may only refer to such
material in the text of an AD. The AD may refer to the service document
only if the OFR approved it for incorporation by reference. See 1 CFR
part 51.
[[Page 71777]]
To allow operators to use later revisions of the referenced
document (issued after publication of the AD), either the FAA must
revise the AD to reference specific later revisions, or operators must
request approval to use later revisions as an alternative method of
compliance with this AD under the provisions of paragraph (j) of 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 change described previously
and minor editorial changes. The FAA has determined that these minor
changes:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
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
The FAA reviewed Boeing Alert Requirements Bulletin 737-57A1344 RB,
dated February 18, 2019. This service information describes procedures
for repetitive surface HFEC inspections of the left and right upper
wing skin at wing buttock line 157, between stringer 4 and stringer 5
for any crack; repetitive general visual inspections of the upper wing
skin in the adjacent rib bay areas for any crack; and applicable on-
condition actions. On-condition actions include repair.
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 160 airplanes of U.S.
registry. The agency estimates the following costs to comply with this
AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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HFEC Inspection and General 1 work-hour x $85 $0 $85 per inspection $13,600 per
Visual Inspection. per hour = $85 per cycle. inspection cycle.
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 repair 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 February 10, 2020 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2019-23-16 The Boeing Company: Amendment 39-19810; Docket No. FAA-
2019-0487; Product Identifier 2019-NM-044-AD.
(a) Effective Date
This AD is effective February 3, 2020.
(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 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 a fuel leak resulting from a
crack on the left in-spar
[[Page 71778]]
upper wing skin. The FAA is issuing this AD to address cracks in the
upper wing skin, which could grow undetected. This condition, if not
addressed, could result in the inability of the structure to carry
limit 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 for Group 1 Airplanes
For airplanes identified as Group 1 in Boeing Alert Requirements
Bulletin 737-57A1344 RB, dated February 18, 2019: Within 120 days
after the effective date of this AD, do a surface high frequency
eddy current (HFEC) inspection of the left and right upper wing skin
and a general visual inspection of the upper wing skin in the
adjacent rib bay areas for any crack, and do 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 and 3 Airplanes
Except as specified by paragraph (i) of this AD: At the
applicable times specified in the ``Compliance'' paragraph of Boeing
Alert Requirements Bulletin 737-57A1344 RB, dated February 18, 2019,
do all applicable actions identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert Requirements Bulletin
737-57A1344 RB, dated February 18, 2019.
Note 1 to paragraph (h): Guidance for accomplishing the actions
required by this AD can be found in Boeing Alert Service Bulletin
737-57A1344, dated February 18, 2019, which is referred to in Boeing
Alert Requirements Bulletin 737-57A1344 RB, dated February 18, 2019.
(i) Exceptions to Service Information Specifications
(1) Where Boeing Alert Requirements Bulletin 737-57A1344 RB,
dated February 18, 2019, uses the phrase ``the original issue date
of Requirements Bulletin 737-57A1344 RB,'' this AD requires using
``the effective date of this AD.''
(2) Where Boeing Alert Requirements Bulletin 737-57A1344 RB,
dated February 18, 2019, specifies contacting Boeing for repair
instructions: This AD requires doing the repair 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) 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 inspection, 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 inspection, repair method,
modification deviation, or alteration deviation must meet the
certification basis of the airplane, and the approval must
specifically refer to this AD.
(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: [email protected].
(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 Requirements Bulletin 737-57A1344 RB, dated
February 18, 2019.
(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; phone: 562-797-1717; internet: https://www.myboeingfleet.com.
(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, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on December 5, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-28066 Filed 12-27-19; 8:45 am]
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