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[Federal Register Volume 81, Number 128 (Tuesday, July 5, 2016)]
[Rules and Regulations]
[Pages 43475-43479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15355]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-8131; Directorate Identifier 2015-NM-073-AD; 
Amendment 39-18575; AD 2016-13-11]
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 superseding Airworthiness Directive (AD) 2008-05-06 for 
certain The Boeing Company Model 737-100, -200, -300, -400, and -500 
series airplanes. AD 2008-05-06 required repetitive inspections for 
fatigue cracking in the longitudinal floor beam web, upper chord, and 
lower chord located at certain body stations, and repair if necessary. 
This new AD requires, for certain airplanes, an inspection to determine 
if tapered fillers are installed, and related investigative and 
corrective actions if necessary. This AD was prompted by reports of 
cracks in the center wing box longitudinal floor beams, upper chord, 
and lower chord. We are issuing this AD to detect and correct fatigue 
cracking of the upper and lower chords and web of the longitudinal 
floor beams, which could result in rapid loss of cabin pressure.

[[Page 43476]]

DATES: This AD is effective August 9, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 9, 
2016.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of April 
8, 2008 (73 FR 11538, March 4, 2008).

ADDRESSES: For service information identified in this final rule, 
contact Boeing Commercial Airplanes, Attention: Data & Services 
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 
206-544-5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may view this referenced service information 
at the FAA, Transport Airplane Directorate, 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 http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
8131.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov. by searching for and locating Docket No. FAA-2015-
8131; 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 AD, 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: Galib Abumeri, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification 
Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 
562-627-5324; fax: 562-627-5210; email: galib.abumeri@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to supersede AD 2008-05-06, Amendment 39-15400 (73 FR 11538, 
March 4, 2008) (``AD 2008-05-06''). AD 2008-05-06 applied to certain 
The Boeing Company Model 737-100, -200, -300, -400, and -500 series 
airplanes. The NPRM published in the Federal Register on January 12, 
2016 (81 FR 1345) (``the NPRM''). The NPRM was prompted by reports of 
cracks in the center wing box longitudinal floor beams, upper chord, 
and lower chord. The NPRM proposed to continue to require repetitive 
inspections for fatigue cracking in the longitudinal floor beam web, 
upper chord, and lower chord located at certain body stations, and 
repair if necessary. The NPRM also proposed to require, for certain 
airplanes, an inspection to determine if tapered fillers are installed, 
and related investigative and corrective actions if necessary. We are 
issuing this AD to detect and correct fatigue cracking of the upper and 
lower chords and web of the longitudinal floor beams, which could 
result in rapid loss of cabin pressure.

Comments

    We 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 stated that it has reviewed the NPRM and concurs with the 
contents.
    Ms. Kathleen Whitworth stated that the NPRM is a good idea because 
the safety of airline passengers outweighs the extra cost of the added 
inspection and that she is in full support of the NPRM.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing the Supplemental 
Type Certificate (STC) ST01219SE (http://rgl.faa.gov/
Regulatory_and_Guidance_Library/rgstc.nsf/0/
ebd1cec7b301293e86257cb30045557a/$FILE/ST01219SE.pdf) does not affect 
accomplishment of the actions specified in the NPRM.
    We concur with the commenter. We have redesignated paragraph (c) of 
the proposed AD as paragraph (c)(1) and added a new paragraph (c)(2) to 
this AD to state that installation of STC ST01219SE (http://
rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/
ebd1cec7b301293e86257cb30045557a/$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.

Conclusion

    We 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. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for correcting 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 AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 737-57A1296, Revision 2, 
dated April 1, 2015. The service information describes procedures for 
various inspections for fatigue cracks in the longitudinal floor beam 
web, upper chord, and lower chord, located at the applicable body 
stations, repairs (including related investigative and corrective 
actions), and preventive modifications (including related investigative 
and corrective actions) that terminate the repetitive inspections. The 
service information also describes procedures for an inspection to 
determine if tapered fillers are installed, and related investigative 
and corrective 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 652 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

[[Page 43477]]

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
             Action                     Labor cost          Parts cost     Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspections [retained actions    Up to 25 work-hours x                $0  $2,125 per          $1,385,500 per
 from AD 2008-05-06].             $85 per hour = $2,125                    inspection cycle.   inspection cycle.
                                  per inspection cycle.
Tapered filler inspection [new   4 work-hours x $85 per               $0  $340..............  $221,680.
 action].                         hour = $340.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary repairs that 
would be required based on the results of the inspection. We have no 
way of determining the number of aircraft that might need these 
repairs:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
               Action                          Labor cost             Parts cost          Cost per product
----------------------------------------------------------------------------------------------------------------
Floor beam repair and optional        Up to 198 work-hours x $85             (\1\)  Up to $16,830
 preventative modification.            per hour = $16,830.
Tapered filler repair...............  174 work-hours x $85 per               (\1\)  $14,790
                                       hour = $14,790.
----------------------------------------------------------------------------------------------------------------
\1\ We have received no definitive data that would enable us to provide parts cost estimates for the 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.

Regulatory Findings

    We have 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) 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 removing Airworthiness Directive (AD) 
2008-05-06, Amendment 39-15400 (73 FR 11538, March 4, 2008), and adding 
the following new AD:

2016-13-11 The Boeing Company: Amendment 39-18575; Docket No. FAA-
2015-8131; Directorate Identifier 2015-NM-073-AD.

(a) Effective Date

    This AD is effective August 9, 2016.

(b) Affected ADs

    This AD replaces AD 2008-05-06, Amendment 39-15400 (73 FR 11538, 
March 4, 2008) (``AD 2008-05-06'').

(c) Applicability

    (1) This AD applies to The Boeing Company Model 737-100, -200, -
300, -400, and -500 series airplanes; certificated in any category; 
as identified in Boeing Alert Service Bulletin 737-57A1296, Revision 
2, dated April 1, 2015.
    (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 cracks in the center wing box 
longitudinal floor beams, upper chord, and lower chord. We are 
issuing this AD to detect and correct fatigue cracking of the upper 
and lower chords and web of the longitudinal floor beams, which 
could result in rapid loss of cabin pressure.

(f) Compliance

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

(g) Retained Inspections, With Revised Service Information and Revised 
Affected Airplanes

    This paragraph restates the requirements of paragraph (f) of AD 
2008-05-06, with revised service information and revised affected 
airplanes. For Groups 1 through 4 airplanes identified in Boeing 
Alert Service Bulletin 737-57A1296, Revision 2, dated April 1, 2015, 
do the various inspections for fatigue cracks in the longitudinal 
floor beam web, upper chord, and lower chord, located at the 
applicable body stations specified in the Accomplishment 
Instructions of Boeing Service Bulletin 737-57-1296, dated June 13, 
2007; or Boeing Alert Service Bulletin 737-57A1296, Revision 2, 
dated April 1, 2015; by doing all the actions in accordance with the 
Accomplishment Instructions of Boeing

[[Page 43478]]

Service Bulletin 737-57A1296, dated June 13, 2007; or Boeing Alert 
Service Bulletin 737-57A1296, Revision 2, dated April 1, 2015; 
except as provided by paragraph (h) of this AD. Do the inspections 
at the time specified in paragraph (g)(1) or (g)(2) of this AD, as 
applicable. As of the effective date of this AD, only use Boeing 
Alert Service Bulletin 737-57A1296, Revision 2, dated April 1, 2015, 
for accomplishing the actions required by this paragraph.

    Note 1 to paragraphs (g) and (h) of this AD: The airplane groups 
identified in Boeing Service Bulletin 737-57-1296, dated June 13, 
2007, do not, in all cases, match the airplane groups identified in 
Boeing Alert Service Bulletin 737-57A1296, Revision 2, dated April 
1, 2015 (Group 4 airplanes in Boeing Alert Service Bulletin 737-
57A1296, Revision 2, dated April 1, 2015, coincide with certain 
Group 2 airplanes in Boeing Service Bulletin 737-57-1296, dated June 
13, 2007).

    (1) For Groups 1 and 2 airplanes, except for line numbers 1 
through 291, identified in Boeing Service Bulletin 737-57-1296, 
dated June 13, 2007: Do the inspections at the applicable initial 
compliance time listed in paragraph 1.E., ``Compliance,'' of Boeing 
Service Bulletin 737-57-1296, dated June 13, 2007, except where 
Boeing Service Bulletin 737-57-1296, dated June 13, 2007, specifies 
a compliance time after the date on the service bulletin, this AD 
requires compliance within the specified compliance time after April 
8, 2008 (the effective date of AD 2008-05-06). Repeat the 
inspections thereafter at the intervals specified in paragraph 1.E., 
``Compliance,'' of Boeing Service Bulletin 737-57-1296, dated June 
13, 2007.
    (2) For Group 3 airplanes identified in Boeing Service Bulletin 
737-57-1296, dated June 13, 2007: Do the inspections at the 
applicable initial compliance time listed in paragraph 1.E., 
``Compliance,'' of Boeing Service Bulletin 737-57-1296, dated June 
13, 2007, except where Boeing Service Bulletin 737-57-1296, dated 
June 13, 2007, specifies a compliance time after the date on the 
service bulletin, this AD requires compliance within the specified 
compliance time after April 8, 2008 (the effective date of AD 2008-
05-06). Repeat the inspections thereafter at the intervals specified 
in paragraph 1.E., ``Compliance,'' of Boeing Service Bulletin 737-
57-1296, dated June 13, 2007.

(h) Retained Repair Instructions, With Revised Service Information That 
Contains New Repair Actions

    This paragraph restates the requirements of paragraph (g) of AD 
2008-05-06, with revised service information that contains new 
repair actions. If any crack is found during any inspection required 
by paragraph (g) of this AD, do the applicable actions specified in 
paragraph (h)(1) or (h)(2) of this AD.
    (1) For inspections done using Boeing Service Bulletin 737-57-
1296, dated June 13, 2007: If any crack is found during any 
inspection required by paragraph (g) of this AD, and Boeing Service 
Bulletin 737-57-1296, dated June 13, 2007, specifies contacting 
Boeing for repair instructions, before further flight, repair using 
a method approved in accordance with the procedures specified in 
paragraph (n) of this AD.
    (2) For inspections done using Boeing Alert Service Bulletin 
737-57A1296, Revision 2, dated April 1, 2015: If any crack is found 
during any inspection required by paragraph (g) of this AD, before 
further flight, repair, including doing all applicable related 
investigative actions and corrective actions, in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
57A1296, Revision 2, dated April 1, 2015; except where Boeing Alert 
Service Bulletin 737-57A1296, Revision 2, dated April 1, 2015, 
specifies contacting Boeing for repair instructions, before further 
flight, repair using a method approved in accordance with the 
procedures specified in paragraph (n) of this AD. Accomplishing a 
repair specified in Boeing Alert Service Bulletin 737-57A1296, 
Revision 2, dated April 1, 2015, terminates the repetitive 
inspections required by paragraph (g) of this AD for the repaired 
area only.

(i) New Requirement of This AD: Inspection for Tapered Fillers for 
Certain Airplanes, Related Investigative Actions, and Corrective 
Actions

    For Groups 1 through 4, Configuration 1 airplanes identified in 
Boeing Alert Service Bulletin 737-57A1296, Revision 2, dated April 
1, 2015: Except as provided by paragraph (k) of this AD, at the 
applicable time specified in table 5 of paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 737-57A1296, 
Revision 2, dated April 1, 2015, do an inspection to determine if 
tapered fillers are installed; and do all applicable related 
investigative and corrective actions; in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
57A1296, Revision 2, dated April 1, 2015; except where Boeing Alert 
Service Bulletin 737-57A1296, Revision 2, dated April 1, 2015, 
specifies contacting Boeing for repair instructions, before further 
flight, repair using a method approved in accordance with the 
procedures specified in paragraph (n) of this AD. Do all applicable 
related investigative and corrective actions before further flight. 
A review of the maintenance records is acceptable in lieu of this 
inspection if the installation of tapered fillers can be 
conclusively determined from that review.

(j) New Requirement of This AD: Inspections and Corrective Actions for 
Group 5 Airplanes

    For Group 5 airplanes identified in Boeing Alert Service 
Bulletin 737-57A1296, Revision 2, dated April 1, 2015: Except as 
provided by paragraph (k) of this AD, at the applicable time 
specified in paragraph 1.E., ``Compliance,'' of Boeing Alert Service 
Bulletin 737-57A1296, Revision 2, dated April 1, 2015; accomplish 
inspections and applicable corrective actions using a method 
approved in accordance with the procedures specified in paragraph 
(n) of this AD.

(k) Exception to Service Information

    Where paragraph 1.E., ``Compliance,'' of Boeing Alert Service 
Bulletin 737-57A1296, Revision 2, dated April 1, 2015, specifies a 
compliance time ``after the Revision 2 date of this service 
bulletin,'' this AD requires compliance within the specified 
compliance time ``after the effective date of this AD.''

(l) Optional Terminating Action

    Accomplishing the applicable preventative modification specified 
in paragraph 3.B.4., ``Preventive Modification'' of the 
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
57A1296, Revision 2, dated April 1, 2015, terminates the applicable 
repetitive inspection required by paragraph (g) of this AD. The 
preventative modification, including related investigative and 
corrective actions, must be done in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
57A1296, Revision 2, dated April 1, 2015; except where Boeing Alert 
Service Bulletin 737-57A1296, Revision 2, dated April 1, 2015, 
specifies contacting Boeing for repair instructions, before further 
flight, repair using a method approved in accordance with the 
procedures specified in paragraph (n) of this AD.

(m) Credit for Previous Actions

    This paragraph provides credit for actions required by 
paragraphs (g) and (h)(2) of this AD, if those actions were 
performed before the effective date of this AD using Boeing Service 
Bulletin 737-57-1296, Revision 1, dated September 26, 2012. This 
document is not incorporated by reference in this AD.

(n) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles Aircraft Certification Office 
(ACO), 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 ACO, send it to the 
attention of the person identified in paragraph (o)(1) of this AD. 
Information may be emailed to: 9-ANM-LAACO-AMOC-Requests@faa.gov.
    (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, 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 as specified in the fourth paragraph (related 
to AD 2008-05-06) of Section 1.F., Approval, of Boeing Service 
Bulletin 737-57-1296, Revision 1, dated September 26, 2012, for 
repairs and modifications are not approved for any provision of this 
AD. All other AMOCs approved for AD 2008-05-06 are approved as AMOCs 
for the corresponding provisions of this AD.

[[Page 43479]]

(o) Related Information

    (1) For more information about this AD, contact Galib Abumeri, 
Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles 
Aircraft Certification Office (ACO), 3960 Paramount Boulevard, 
Lakewood, CA 90712-4137; phone: 562-627-5324; fax: 562-627-5210; 
email: galib.abumeri@faa.gov.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (p)(5) and (p)(6) of this AD.

(p) 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.
    (3) The following service information was approved for IBR on 
August 9, 2016.
    (i) Boeing Alert Service Bulletin 737-57A1296, Revision 2, dated 
April 1, 2015.
    (ii) Reserved.
    (4) The following service information was approved for IBR on 
April 8, 2008 (73 FR 11538, March 4, 2008).
    (i) Boeing Service Bulletin 737-57-1296, dated June 13, 2007.
    (ii) Reserved.
    (5) For Boeing service information identified in this AD, 
contact Boeing Commercial Airplanes, Attention: Data & Services 
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; 
telephone 206-544-5000, extension 1; fax 206-766-5680; Internet 
https://www.myboeingfleet.com.
    (6) You may view this service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (7) 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: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on June 21, 2016.
Dorr M. Anderson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-15355 Filed 7-1-16; 8:45 am]
 BILLING CODE 4910-13-P
```