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[Federal Register Volume 80, Number 208 (Wednesday, October 28, 2015)]
[Rules and Regulations]
[Pages 65921-65925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26993]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-4205; Directorate Identifier 2015-NM-149-AD; 
Amendment 39-18301; AD 2015-21-08]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 
series airplanes. This AD requires repetitive eddy current inspections 
for any cracking in the inspar upper skin, and related investigative 
and corrective actions if necessary. This AD was prompted by a report 
that an operator discovered a crack in a certain section of the inspar 
upper skin, just forward of the rear spar on the right wing. We are 
issuing this AD to detect and correct any cracking in the inspar upper 
skin and rear spar upper chord, which could result in the inability of 
the structure to carry limit load, or result in a fuel leak, which 
could prevent continued safe flight and landing.

DATES: This AD is effective November 12, 2015.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 12, 
2015.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of April 
9, 2014 (79 FR 12368, March 5, 2014). We must receive comments on this 
AD by December 14, 2015.

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 http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.

[[Page 65922]]

     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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For 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. 
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-2015-4205.

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-
4205; 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 street address for the Docket Office (phone: 
800-647-5527) is in the ADDRESSES section. Comments will be available 
in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Jennifer Tsakoumakis, Aerospace 
Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft 
Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 
90712-4137; phone: 562-627-5264; fax: 562-627-5210; email: 
jennifer.tsakoumakis@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    We have received a report that an operator discovered a crack in 
the inspar upper skin at wing buttock line 157, just forward of the 
rear spar on the right wing. The crack measured 2.375 inches long. Two 
additional cracks were found in the skin at two holes common to the 
rear spar in the same area. Subsequent inspections specified in Boeing 
Special Attention Service Bulletin 737-57-1318, dated May 15, 2013, 
revealed that the rear spar upper chord was almost completely severed. 
Web cracks were also discovered on both wings. This condition, if not 
corrected, could result in the inability of the structure to carry 
limit load, or result in a fuel leak, which could prevent continued 
safe flight and landing. We are issuing this AD to correct the unsafe 
condition on these products.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 737-57A1326, dated 
September 22, 2015. The service information describes procedures for 
repetitive eddy current inspections for any cracking in the inspar 
upper skin, and applicable 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 of this 
AD.

Other Relevant Rulemaking

    AD 2014-12-13, Amendment 39-17874 (79 FR 39300, July 10, 2014), was 
issued for all The Boeing Company Model 737-100, -200, -200C, -300, -
400, and -500 series airplanes. AD 2014-12-13 requires repetitive 
inspections for cracking of the aft support fitting for the main 
landing gear beam, and the rear spar upper chord and rear spar web in 
the area of rear spar station 224.14; and repair if necessary. AD 2014-
12-13 refers to Boeing Special Attention Service Bulletin 737-57-1318, 
dated May 15, 2013, as the appropriate source of service information 
for accomplishing the required actions.
    For those airplanes that have not yet done the high frequency eddy 
current open-hole inspection specified in Boeing Special Attention 
Service Bulletin 737-57-1318, dated May 15, 2013, this AD specifies 
using Boeing Alert Service Bulletin 737-57A1326, dated September 22, 
2015, to do the eddy current inspections for any cracking in the inspar 
upper skin area near the rear spar at wing buttock line 157. The eddy 
current inspections specified in Boeing Alert Service Bulletin 737-
57A1326, dated September 22, 2015, are intended to ensure there are no 
undetected cracks in the inspar upper skin area near the rear spar at 
wing buttock 157 prior to the accomplishment of the inspections 
specified in Boeing Special Attention Service Bulletin 737-57-1318, 
dated May 15, 2013.

FAA's Determination

    We are issuing this AD because we 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.

AD Requirements

    This AD requires accomplishing the actions specified in the service 
information described previously, except as discussed under 
``Differences Between the AD and the Service Information.''
    ``Related investigative actions'' are follow-on actions that (1) 
are related to the primary action, and (2) further investigate the 
nature of any condition found. Related investigative actions in an AD 
could include, for example, inspections.
    The phrase ``corrective actions'' is used in this AD. ``Corrective 
actions'' correct or address any condition found. Corrective actions in 
an AD could include, for example, repairs.

Differences Between the AD and the Service Information

    Boeing Alert Service Bulletin 737-57A1326, dated September 22, 
2015, specifies to contact the manufacturer for instructions on how to 
repair certain conditions, but this AD requires repairing those 
conditions in one of the following ways:
     In accordance with a method that we approve; or
     Using data that meet the certification basis of the 
airplane, and that have been approved by the Boeing Commercial 
Airplanes Organization Designation Authorization (ODA) whom we have 
authorized to make those findings.
    The effectivity of Boeing Alert Service Bulletin 737-57A1326, dated 
September 22, 2015, includes Group 1, configuration 1, airplanes. Those 
airplanes have been inspected using a high frequency eddy current open-
hole inspection, in accordance with Boeing Special Attention Service 
Bulletin 737-57-1318, dated May 15, 2013. We have determined that only 
those airplanes that have not done the high frequency eddy current 
open-hole inspection, in accordance with Boeing Special Attention 
Service Bulletin 737-57-1318, dated May 15, 2013, are affected by the 
identified unsafe condition addressed in this AD. Therefore, we have 
excluded Group 1, configuration 1, airplanes from the applicability of 
this AD.

[[Page 65923]]

Explanation of ``RC'' Steps in Service Information

    The FAA worked in conjunction with industry, under the 
Airworthiness Directive Implementation Aviation Rulemaking Committee 
(ARC), to enhance the AD system. One enhancement was a new process for 
annotating which steps in the service information are required for 
compliance with an AD. Differentiating these steps from other tasks in 
the service information is expected to improve an owner's/operator's 
understanding of crucial AD requirements and help provide consistent 
judgment in AD compliance. The steps identified as Required for 
Compliance (RC) in any service information identified previously have a 
direct effect on detecting, preventing, resolving, or eliminating an 
identified unsafe condition.
    For service information that contains steps that are labeled as RC, 
the following provisions apply: (1) 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, and an AMOC is required for any 
deviations to RC steps, including substeps and identified figures; and 
(2) 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.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because 
cracking in the inspar upper skin and rear spar upper chord could 
result in the inability of the structure to carry limit load, or result 
in a fuel leak, which could prevent continued safe flight and landing. 
Therefore, we find that notice and opportunity for prior public comment 
are impracticable and that good cause exists for making this amendment 
effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety and was not preceded by notice and an opportunity for public 
comment. However, we invite you to send any written data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include the docket number FAA-2015-4205 and 
Directorate Identifier 2015-NM-149-AD at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this AD. We will 
consider all comments received by the closing date and may amend this 
AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Costs of Compliance

    We estimate that this AD affects 495 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                Cost on U.S.
        Action                  Labor cost             Parts cost      Cost per  product          operators
----------------------------------------------------------------------------------------------------------------
Inspection............  1 work-hour x $85 per hour              $0   $85 per inspection     $42,075 per
                         = $85 per inspection                         cycle.                 inspection cycle.
                         cycle.
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    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
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                                                                                                     Cost per
                   Action                                Labor cost                 Parts cost        product
----------------------------------------------------------------------------------------------------------------
One-time inspection........................  86 work-hours x $85 per hour =                  $0           $7,310
                                              $7,310.
Repair.....................................  3,700 work-hours x $85 per hour =                0          314,500
                                              $314,500.
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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

    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

[[Page 65924]]

    (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 adding the following new airworthiness 
directive (AD):

2015-21-08 The Boeing Company: Amendment 39-18301; Docket No. FAA-
2015-4205; Directorate Identifier 2015-NM-149-AD.

(a) Effective Date

    This AD is effective November 12, 2015.

(b) Affected ADs

    None.

(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-
57A1326, dated September 22, 2015; except for Group 1, configuration 
1, airplanes identified in Boeing Alert Service Bulletin 737-
57A1326, dated September 22, 2015.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by a report that an operator discovered a 
crack in the inspar upper skin at wing buttock line 157, just 
forward of the rear spar on the right wing. We are issuing this AD 
to detect and correct any cracking in the inspar upper skin and rear 
spar upper chord, which could result in the inability of the 
structure to carry limit load, or result in a fuel leak, which could 
prevent continued safe flight and landing.

(f) Compliance

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

(g) Inspection and Corrective Actions

    Except as provided by paragraph (h) of this AD, at the 
applicable time specified in paragraph 1.E., ``Compliance,'' of 
Boeing Alert Service Bulletin 737-57A1326, dated September 22, 2015: 
Do an eddy current inspection for any cracking in the inspar upper 
skin, and repair doublers and repair triplers, as applicable, and do 
all applicable related investigative and corrective actions, in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 737-57A1326, dated September 22, 2015; except as 
provided by paragraph (h) of this AD. Do all applicable related 
investigative and corrective actions before further flight. Repeat 
the inspection thereafter at the applicable intervals specified in 
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 
737-57A1326, dated September 22, 2015.

(h) Exceptions to the Service Information

    (1) Where Boeing Alert Service Bulletin 737-57A1326, dated 
September 22, 2015, specifies a compliance time ``after the original 
issue date of this service bulletin,'' this AD requires compliance 
within the specified compliance time after the effective date of 
this AD.
    (2) The ``Condition'' column of table 2 of paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 737-57A1326, dated 
September 22, 2015, refers to total flight cycles ``as of the 
original issue date of this service bulletin.'' However, for this 
condition, this AD applies to the airplanes with the specified total 
flight cycles as of the effective date of this AD.
    (3) Although Boeing Alert Service Bulletin 737-57A1326, dated 
September 22, 2015, specifies to contact Boeing for certain repair 
instructions, and specifies that action as ``RC'' (Required for 
Compliance), this AD requires repair before further flight using a 
method approved in accordance with the procedures specified in 
paragraph (j) of this AD.

(i) Terminating Actions for Certain Airplanes

    For Group 1, configurations 5 through 7, airplanes specified in 
Boeing Alert Service Bulletin 737-57A1326, dated September 22, 2015, 
accomplishment of any applicable high frequency eddy current 
inspection, in accordance with the Accomplishment Instructions of 
Boeing Special Attention Service Bulletin 737-57-1318, dated May 15, 
2013 (which was incorporated by reference in AD 2014-03-06, 
Amendment 39-17743 (79 FR 12368, March 5, 2014), and continues to be 
incorporated by reference in AD 2014-12-13, Amendment 39-17874 (79 
FR 39300, July 10, 2014)), terminates the repetitive inspections in 
paragraph (g) of this AD for those airplanes, provided if any 
cracking is found, repair is done before further flight using a 
method approved in accordance with the procedures specified in 
paragraph (j) of this AD.

    Note 1 to paragraph (i) of this AD:  AD 2014-12-13, Amendment 
39-17874 (79 FR 39300, July 10, 2014), refers to Boeing Special 
Attention Service Bulletin 737-57-1318, dated May 15, 2013, as the 
appropriate source of service information for accomplishing the 
actions required in that AD.

(j) 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 (k) 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 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. For a repair method to be approved, the repair 
must meet the certification basis of the airplane, and the approval 
must specifically refer to this AD.
    (4) Except as required by paragraph (h) 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 this AD. 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 Jennifer 
Tsakoumakis, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los 
Angeles ACO, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; 
phone: 562-627-5264; fax: 562-627-5210; email: 
jennifer.tsakoumakis@faa.gov.

(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.
    (3) The following service information was approved for IBR on 
November 12, 2015.
    (i) Boeing Alert Service Bulletin 737-57A1326, dated September 
22, 2015.
    (ii) Reserved.
    (4) The following service information was approved for IBR on 
April 9, 2014 (79 FR 12368, March 5, 2014).

[[Page 65925]]

    (i) Boeing Special Attention Service Bulletin 737-57-1318, dated 
May 15, 2013.
    (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 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 October 11, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-26993 Filed 10-27-15; 8:45 am]
 BILLING CODE 4910-13-P
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