[Federal Register Volume 82, Number 219 (Wednesday, November 15, 2017)]
[Rules and Regulations]
[Pages 52835-52838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24164]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0715; Product Identifier 2017-NM-073-AD; Amendment 
39-19096; AD 2017-23-02]
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 adopting a new airworthiness directive (AD) for certain 
The Boeing Company Model 737-200, -200C, -300, -400, and -500 series 
airplanes. This AD was prompted by an evaluation by the design approval 
holder (DAH) indicating that the fuselage crown skin panels are subject 
to widespread fatigue damage (WFD). This AD requires repetitive 
inspections, replacement, and applicable on-condition actions for 
certain fuselage crown skin panels. We are issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective December 20, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 20, 
2017.

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 referenced service information 
at the FAA, Transport Standards Branch, 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-2017-
0715.

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-2017-
0715; 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 final rule, 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: Jennifer Tsakoumakis, Aerospace 
Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount 
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5264; fax: 562-627-
5210; email: <a href="/cdn-cgi/l/email-protection#88c2ede6e6e1eeedfaa6dcfbe9e3e7fde5e9e3e1fbc8eee9e9a6efe7fe"><span class="__cf_email__" data-cfemail="cf85aaa1a1a6a9aabde19bbcaea4a0baa2aea4a6bc8fa9aeaee1a8a0b9">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to certain The Boeing Company 
Model 737-200, -200C, -300, -400, and -500 series airplanes. The NPRM 
published in the Federal Register on August 10, 2017 (82 FR 37366). The 
NPRM was prompted by an evaluation by the DAH indicating that the 
fuselage crown skin panels are subject to WFD. The NPRM proposed to 
require repetitive inspections, replacement, and applicable on-
condition actions for certain fuselage crown skin panels.
    We are issuing this AD to detect and correct 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.

[[Page 52836]]

Comments

    We gave the public the opportunity to participate in developing 
this final rule. We have considered the comments received.

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 ability to 
accomplish 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 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.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this final rule with the changes described previously and minor 
editorial changes. We have determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
    <bullet> 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

    We reviewed Boeing Alert Service Bulletin 737-53A1358, dated April 
27, 2017. This service information describes procedures for repetitive 
inspections, replacement, and applicable on-condition actions for 
certain fuselage crown skin panels. 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 200 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...............  Up to 507 work-hours x                 $0  Up to $43,095 per     Up to $8,619,000 per
                            $85 per hour = $43,095                     inspection cycle.     inspection cycle.
                            per inspection cycle.
Replacement..............  304 work-hours x $85 per           95,000  $120,840 per skin     Up to $24,168,000.
                            hour = $25,840 per skin                    panel.
                            panel.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that will enable us to provide 
cost estimates for the on-condition 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.
    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 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) 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 adding the following new airworthiness 
directive (AD):

2017-23-02 The Boeing Company: Amendment 39-19096; Docket No. FAA-
2017-0715; Product Identifier 2017-NM-073-AD.

(a) Effective Date

    This AD is effective December 20, 2017.

(b) Affected ADs

    None.

[[Page 52837]]

(c) Applicability

    (1) This AD applies to The Boeing Company Model 737-200, -200C, 
-300, -400, and -500 series airplanes, certificated in any category, 
as identified in Boeing Alert Service Bulletin 737-53A1358, dated 
April 27, 2017.
    (2) Installation of Supplemental Type Certificate (STC) 
ST01219SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/EBD1CEC7B301293E86257CB30045557A?OpenDocument&Highlight=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. We are issuing this AD to detect and 
correct 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) Required Actions

    Except as required by paragraph (h) of this AD: At the 
applicable times specified in paragraph 1.E., ``Compliance,'' of 
Boeing Alert Service Bulletin 737-53A1358, dated April 27, 2017, 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, dated 
April 27, 2017.

(h) Exceptions to Service Information Specifications

    (1) For purposes of determining compliance with the requirements 
of this AD, the phrase ``the effective date of this AD'' may be 
substituted for ``the original issue date of this service 
bulletin,'' as specified in Boeing Alert Service Bulletin 737-
53A1358, dated April 27, 2017.
    (2) Where Boeing Alert Service Bulletin 737-53A1358, dated April 
27, 2017, specifies contacting Boeing, and specifies that action as 
RC: This AD requires 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, dated 
April 27, 2017, 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 
approval of an alternative method of compliance.

(i) Terminating Action for Repetitive Inspections

    (1) Replacement of a skin panel, in accordance with Part 8 of 
the Accomplishment Instructions of Boeing Alert Service Bulletin 
737-53A1358, dated April 27, 2017, except as required by paragraph 
(h)(2) of this AD, terminates the actions specified in Parts 1, 4, 
and 6 of the Accomplishment Instructions of Boeing Alert Service 
Bulletin 737-53A1358, dated April 27, 2017, as required by paragraph 
(g) of this AD, for that replaced skin panel only. To be acceptable 
as terminating action, the replacement may not be done prior to the 
applicable time specified in Table 4 of paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 737-53A1358, dated 
April 27, 2017.
    (2) Completion of a structural repair manual repair to repair 
cracking, in accordance with Part 2 of the Accomplishment 
Instructions of Boeing Alert Service Bulletin 737-53A1358, dated 
April 27, 2017, except as required by paragraph (h)(2) of this AD, 
terminates the repetitive inspections specified in Part 1 of the 
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
53A1358, dated April 27, 2017, as required by paragraph (g) of this 
AD, for that repair location only.
    (3) Completion of a ``Category C repair'' to repair cracking, in 
accordance with Part 3 of the Accomplishment Instructions of Boeing 
Alert Service Bulletin 737-53A1358, dated April 27, 2017, except as 
required by paragraph (h)(2) of this AD, terminates the repetitive 
inspections specified in Part 1 of the Accomplishment Instructions 
of Boeing Alert Service Bulletin 737-53A1358, dated April 27, 2017, 
as required by paragraph (g) of this AD, for that repair location 
only.
    (4) Completion of a ``Change Category C Repair to SB Repair,'' 
in accordance with Part 6 of the Accomplishment Instructions of 
Boeing Alert Service Bulletin 737-53A1358, dated April 27, 2017, 
except as required by paragraph (h)(2) of this AD, terminates the 
inspections specified in Part 4 of the Accomplishment Instructions 
of Boeing Alert Service Bulletin 737-53A1358, dated April 27, 2017, 
as required by paragraph (g) of this AD, for that repair location 
only.

(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: <a href="/cdn-cgi/l/email-protection#546d79151a1979181515171b7915191b17790631252131272027143235357a333b22"><span class="__cf_email__" data-cfemail="655c48242b2848292424262a4824282a26483700141000161116250304044b020a13">[email protected]</span></a>.
    (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 Branch, 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) Except as required by paragraphs (h)(2) and (h)(3) of this 
AD: For service information that contains steps that are labeled as 
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 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 Jennifer 
Tsakoumakis, Aerospace Engineer, Airframe Section, FAA, Los Angeles 
ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; 
phone: 562-627-5264; fax: 562-627-5210; email: 
<a href="/cdn-cgi/l/email-protection#3379565d5d5a5556411d674052585c465e52585a40735552521d545c45"><span class="__cf_email__" data-cfemail="58123d3636313e3d2a760c2b3933372d353933312b183e3939763f372e">[email protected]</span></a>.

(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, dated April 27, 
2017.
    (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, Transport 
Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information 
on the availability of this material at the FAA, call 425-227-1221.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records

[[Page 52838]]

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 27, 2017.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2017-24164 Filed 11-14-17; 8:45 am]
BILLING CODE 4910-13-P


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