Federal Register / Vol. 87, No. 11 / Tuesday, January 18, 2022 / Rules and Regulations 2525 

PART 2636—LIMITATIONS ON 

OUTSIDE EARNED INCOME, 

EMPLOYMENT AND AFFILIATIONS 

FOR CERTAIN NONCAREER 

EMPLOYEES 

■ 5. The authority citation for part 2636 

continues to read as follows: 

Authority: 5 U.S.C. App. (Ethics in 

Government Act of 1978); Pub. L. 101–410, 

104 Stat. 890, 28 U.S.C. 2461 note (Federal 

Civil Penalties Inflation Adjustment Act of 

1990), as amended by Sec. 31001, Pub. L. 

104–134, 110 Stat. 1321 (Debt Collection 

Improvement Act of 1996) and Sec. 701, Pub. 

L. 114–74 (Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 2015); 

E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., 

p. 215, as modified by E.O. 12731, 55 FR 

42547, 3 CFR, 1990 Comp., p. 306. 

■ 6. Section 2636.104 is amended by 

revising paragraph (a) to read as follows: 

§ 2636.104 Civil, disciplinary and other 

action. 

(a) Civil action. Except when the 

employee engages in conduct in good 

faith reliance upon an advisory opinion 

issued under § 2636.103, an employee 

who engages in any conduct in violation 

of the prohibitions, limitations, and 

restrictions contained in this part may 

be subject to civil action under 5 U.S.C. 

app. 504(a) and a civil monetary penalty 

of not more than the amounts set in 

Table 1 to this section, as adjusted in 

accordance with the inflation 

adjustment procedures prescribed in the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990, as amended, or 

the amount of the compensation the 

individual received for the prohibited 

conduct, whichever is greater. 

TABLE 1 TO § 2636.104 

Date of violation Penalty 

Violation occurring between Sept. 29, 

1999 and Nov. 2, 2015 .......................... $11,000 

Violation occurring after Nov. 2, 2015 ...... 22,021 

* * * * * 

[FR Doc. 2022–00795 Filed 1–14–22; 8:45 am] 

BILLING CODE 6345–03–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0665; Project 

Identifier AD–2021–00270–T; Amendment 

39–21848; AD 2021–25–05] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is superseding 

Airworthiness Directive (AD) 2017–23– 

02, which applied to certain The Boeing 

Company Model 737–200, –200C, –300, 

–400, and –500 series airplanes. AD 

2017–23–02 required repetitive 

inspections, replacement, and 

applicable on-condition actions for 

certain fuselage crown skin panels. This 

AD was prompted by an evaluation by 

the design approval holder indicating 

that the fuselage crown skin panels are 

subject to widespread fatigue damage. 

This AD retains the actions in AD 2017– 

23–02, revises certain airplane 

configurations and inspection locations, 

and adds airplanes to the applicability. 

The FAA is issuing this AD to address 

the unsafe condition on these products. 

DATES: This AD is effective February 22, 

2022. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of February 22, 2022. 

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 

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 at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2021– 

0665. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2021–0665; 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, 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: 

James Guo, Aerospace Engineer, 

Airframe Section, FAA, Los Angeles 

ACO Branch, 3960 Paramount 

Boulevard, Lakewood, CA 90712–4137; 

phone: 562–627–5357; email: 

james.guo@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to supersede AD 2017–23–02, 

Amendment 39–19096 (82 FR 52835, 

November 15, 2017) (AD 2017–23–02). 

AD 2017–23–02 applied to certain The 

Boeing Company Model 737–200, 

–200C, –300, –400, and –500 series 

airplanes. The NPRM published in the 

Federal Register on August 24, 2021 (86 

FR 47260). The NPRM was prompted by 

an evaluation by the design approval 

holder indicating that the fuselage 

crown skin panels are subject to 

widespread fatigue damage. In the 

NPRM, the FAA proposed to retain the 

actions in AD 2017–23–02, revise 

certain airplane configurations and 

inspection locations, and add airplanes 

to the applicability. The FAA is issuing 

this AD to address cracking in the 

fuselage crown skin panels. Multiple 

adjacent cracks in the fuselage crown 

skin could link up and lead to 

decompression or loss of structural 

integrity of the airplane. 

Discussion of Final Airworthiness 

Directive 

Comments 

The FAA received a comment from 

one commenter. The following presents 

the comment received on the NPRM and 

the FAA’s response. 

Effect of Winglets on Accomplishment 

of the Proposed Actions 

Aviation Partners Boeing stated that 

the installation of winglets per 

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, 


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2526 Federal Register / Vol. 87, No. 11 / Tuesday, January 18, 2022 / Rules and Regulations 

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 

The FAA reviewed the relevant data, 

considered any comments received, and 

determined that air safety requires 

adopting this AD as proposed. Except 

for minor editorial changes, and any 

other changes described previously, this 

AD is adopted as proposed in the 

NPRM. None of the changes will 

increase the economic burden on any 

operator. 

Related Service Information Under 1 

CFR Part 51 

The FAA reviewed Boeing Alert 

Service Bulletin 737–53A1358, Revision 

1, dated February 26, 2021. This service 

information specifies procedures for 

repetitive non-destructive inspections 

for cracking, replacement of certain 

fuselage crown skin panels, and 

applicable on-condition actions. Oncondition actions include a general 

visual inspection of certain repairs for 

any loose or missing fasteners, a low 

frequency eddy current (LFEC) 

inspection of certain repairs for 

cracking, and 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 ADDRESSES. 

Costs of Compliance 

The FAA estimates that this AD 

affects 143 airplanes of U.S. registry. 

The FAA estimates the following costs 

to comply with this AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per product Cost on U.S. operators 

Inspection ......... Up to 507 work-hours × $85 per 

hour = Up to $43,095 per inspection cycle.

$0 Up to $43,095 per inspection 

cycle.

Up to $6,162,585 per inspection 

cycle. 

Replacement ..... 304 work-hours × $85 per hour = 

$25,840 per skin panel.

95,000 $120,840 per skin panel ............... $17,280,120 per skin panel. 

The FAA estimates the following 

costs to do any necessary inspections 

that would be required based on the 

results of the inspection. The FAA has 

no way of determining the number of 

aircraft that might need these 

inspections: 

ON-CONDITION COSTS

Action Labor cost Parts cost Cost per 

product 

LFEC inspection ........................................................... 1 work-hours × $85 per hour = $85 ............................. $0 $85 

General visual inspection ............................................. 1 work-hour × $85 per hour = $85 ............................... 0 85 

The FAA has received no definitive 

data on which to base the cost estimates 

for the on-condition repairs 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. 

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. 

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by: 

■ a. Removing Airworthiness Directive 

(AD) 2017–23–02, Amendment 39– 

19096 (82 FR 52835, November 15, 

2017); and 

■ b. Adding the following new AD: 

2021–25–05 The Boeing Company: 

Amendment 39–21848; Docket No. 

FAA–2021–0665; Project Identifier AD– 

2021–00270–T. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective February 22, 2022. 


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Federal Register / Vol. 87, No. 11 / Tuesday, January 18, 2022 / Rules and Regulations 2527 

(b) Affected ADs 

This AD replaces AD 2017–23–02, 

Amendment 39–19096 (82 FR 52835, 

November 15, 2017) (AD 2017–23–02). 

(c) Applicability 

(1) 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 737–53A1358, 

Revision 1, dated February 26, 2021. 

(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 an evaluation by 

the design approval holder indicating that 

the fuselage crown skin panels are subject to 

widespread fatigue damage. This AD was 

also prompted by a determination that 

certain airplane configurations and 

inspection locations need to be revised, and 

that additional airplanes are subject to the 

unsafe condition. The FAA is issuing this AD 

to address cracking in the fuselage crown 

skin panels. Multiple adjacent cracks in the 

fuselage crown skin could link up and lead 

to decompression or loss of structural 

integrity of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Actions for Group 43 Airplanes 

For airplanes identified as Group 43 in 

Boeing Alert Service Bulletin 737–53A1358, 

Revision 1, dated February 26, 2021, within 

120 days after the effective date of this AD, 

inspect the airplane and do all applicable oncondition actions using a method approved 

in accordance with the procedures specified 

in paragraph (j) of this AD 

(h) Required Actions for Groups 1 Through 

42 Airplanes 

For airplanes identified as Groups 1 

through 42 in Boeing Alert Service Bulletin 

737–53A1358, Revision 1, dated February 26, 

2021, except as specified by paragraph (i) of 

this AD: At the applicable times specified in 

paragraph 1.E., ‘‘Compliance,’’ of Boeing 

Alert Service Bulletin 737–53A1358, 

Revision 1, dated February 26, 2021, do all 

applicable actions identified as ‘‘RC’’ 

(required for compliance) in, and in 

accordance with, the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

737–53A1358, Revision 1, dated February 26, 

2021. Actions identified as terminating 

action in Boeing Alert Service Bulletin 737– 

53A1358, Revision 1, dated February 26, 

2021, 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 737–53A1358, Revision 1, 

dated February 26, 2021. 

(i) Exceptions to Service Information 

Specifications 

(1) Where Boeing Alert Service Bulletin 

737–53A1358, Revision 1, dated February 26, 

2021, uses the phrase ‘‘the original issue date 

of this service bulletin,’’ this AD requires 

using ‘‘December 20, 2017’’ (the effective 

date of AD 2017–23–02). 

(2) Where Boeing Alert Service Bulletin 

737–53A1358, Revision 1, dated February 26, 

2021, specifies contacting Boeing for repair 

instructions or for work instructions, this AD 

requires doing the repair, or doing the work 

instructions and applicable on-condition 

actions using a method approved in 

accordance with the procedures specified in 

paragraph (j) of this AD. 

(3) Part 7 of Boeing Alert Service Bulletin 

737–53A1358, Revision 1, dated February 26, 

2021, specifies post-modification 

airworthiness limitation inspections in 

compliance with 14 CFR 25.571(a)(3) at the 

modified locations to support compliance 

with 14 CFR 121.1109(c)(2) or 129.109(b)(2). 

Although Part 7 is identified as RC, this AD 

does not require accomplishment of Part 7. 

As airworthiness limitations, these 

inspections are required by maintenance and 

operational rules. It is, therefore, unnecessary 

to mandate them in this AD. Deviations from 

these inspections require FAA approval, but 

do not require an AMOC. 

(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 responsible Flight 

Standards Office, as appropriate. If sending 

information directly to the manager of the 

certification office, send it to the attention of 

the person identified in Related Information. 

Information may be emailed to: 9-ANMLAACO-AMOC-Requests@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the responsible Flight Standards 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) AMOCs approved for AD 2017–23–02 

are approved as AMOCs for the 

corresponding provisions of Boeing Alert 

Service Bulletin 737–53A1358, Revision 1, 

dated February 26, 2021, that are required by 

paragraph (h) of this AD. 

(5) Except as specified by paragraph (i)(2) 

of this AD: 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 

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; email: james.guo@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. 

(i) Boeing Alert Service Bulletin 737– 

53A1358, Revision 1, dated February 26, 

2021. 

(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 https://

www.myboeingfleet.com. 

(4) 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. 

(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 fr.inspection@nara.gov, or go to: 

https://www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

Issued on November 30, 2021. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2022–00588 Filed 1–14–22; 8:45 am] 

BILLING CODE 4910–13–P 


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