Airworthiness Directives; The Boeing Company Airplanes, 52173-52176 [2018-22278]
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Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Proposed Rules
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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 (j)(2) of
this AD. Information may be emailed to: 9ANM-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 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) Except as required by paragraph (h)(2)
of this AD: For service information that
contains steps that are labeled as RC, the
provisions of paragraphs (i)(4)(i) and (i)(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.
(j) Related Information
(1) For more information about this AD,
contact Lu Lu, Aerospace Engineer, Airframe
Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198;
phone and fax: 206–231–3525; email: lu.lu@
faa.gov.
(2) For information about AMOCs, contact
George Garrido, Aerospace Engineer,
Airframe Section, FAA, Los Angeles ACO
Branch, 3960 Paramount Boulevard,
Lakewood, CA 90712–4137; phone: 562–627–
5232; fax: 562–627–5210; email:
george.garrido@faa.gov.
(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. You may view this
referenced 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.
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Issued in Des Moines, Washington, on
October 4, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2018–22277 Filed 10–15–18; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2018–0900; Product
Identifier 2018–NM–101–AD]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for certain
The Boeing Company Model 737–100,
–200, –200C, –300, –400, and –500
series airplanes. This proposed AD was
prompted by reports of cracking in the
frame web, frame integral inboard
chord, and fail-safe chord on multiple
airplanes in multiple locations below
the passenger floor, in addition to an
evaluation by the design approval
holder (DAH) indicating that certain
fuselage frame splices are subject to
widespread fatigue damage (WFD). This
proposed AD would require repetitive
inspections of certain fuselage upper
frames, side frames, fail-safe chords,
inboard chords, frame webs, and
stringers; an inspection for the presence
of repairs in certain inspections zones
and open tooling holes; and applicable
on-condition actions. We are proposing
this AD to address the unsafe condition
on these products.
DATES: We must receive comments on
this proposed AD by November 30,
2018.
SUMMARY:
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
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• 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: Deliver to Mail
address above between 9 a.m. and 5
ADDRESSES:
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52173
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this NPRM, 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,
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–2018–0900.
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–2018–
0900; 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 NPRM, 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.
Lu
Lu, Aerospace Engineer, Airframe
Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198;
phone and fax: 206–231–3525; email:
lu.lu@faa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposal. Send your comments to
an address listed under the ADDRESSES
section. Include ‘‘Docket No. FAA–
2018–0900; Product Identifier 2018–
NM–101–AD’’ at the beginning of your
comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this NPRM. We will consider
all comments received by the closing
date and may amend this NPRM
because of those comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
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Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Proposed Rules
Discussion
Fatigue damage can occur locally, in
small areas or structural design details,
or globally, in widespread areas.
Multiple-site damage is widespread
damage that occurs in a large structural
element such as a single rivet line of a
lap splice joining two large skin panels.
Widespread damage can also occur in
multiple elements such as adjacent
frames or stringers. Multiple-site
damage and multiple-element damage
cracks are typically too small initially to
be reliably detected with normal
inspection methods. Without
intervention, these cracks will grow,
and eventually compromise the
structural integrity of the airplane. This
condition is known as WFD. It is
associated with general degradation of
large areas of structure with similar
structural details and stress levels. As
an airplane ages, WFD will likely occur,
and will certainly occur if the airplane
is operated long enough without any
intervention.
The FAA’s WFD final rule (75 FR
69746, November 15, 2010) became
effective on January 14, 2011. The WFD
rule requires certain actions to prevent
structural failure due to WFD
throughout the operational life of
certain existing transport category
airplanes and all of these airplanes that
will be certificated in the future. For
existing and future airplanes subject to
the WFD rule, the rule requires that
DAHs establish a limit of validity (LOV)
of the engineering data that support the
structural maintenance program.
Operators affected by the WFD rule may
not fly an airplane beyond its LOV,
unless an extended LOV is approved.
The WFD rule (75 FR 69746,
November 15, 2010) does not require
identifying and developing maintenance
actions if the DAHs can show that such
actions are not necessary to prevent
WFD before the airplane reaches the
LOV. Many LOVs, however, do depend
on accomplishment of future
maintenance actions. As stated in the
WFD rule, any maintenance actions
necessary to reach the LOV will be
mandated by airworthiness directives
through separate rulemaking actions.
In the context of WFD, this action is
necessary to enable DAHs to propose
LOVs that allow operators the longest
operational lives for their airplanes, and
still ensure that WFD will not occur.
This approach allows for an
implementation strategy that provides
flexibility to DAHs in determining the
timing of service information
development (with FAA approval),
while providing operators with certainty
regarding the LOV applicable to their
airplanes.
We have received a report indicating
that cracking is being found in the frame
web, frame integral inboard chord, and
fail-safe chord on multiple frame
locations, below the passenger floor, on
multiple Model 737–100, –200, –200C,
–300, –400 and –500 series airplanes. In
addition, the fuselage frame splices from
station (STA) 380 to STA 520 and STA
727A to STA 907 between stringers
S–13 and S–14, are subject to WFD. This
condition, if not addressed, could result
in the cracks growing large enough to
sever frames. Continued operation with
multiple adjacent severed frames or a
combination of a severed frame adjacent
to fuselage skin cracks in chem-milled
pockets could result in a loss of
structural integrity or uncontrolled
decompression.
Related Service Information Under 1
CFR Part 51
We reviewed Boeing Alert Service
Bulletin 737–53A1360, dated June 21,
2018. The service information describes
procedures for repetitive inspections of
certain fuselage upper frames, side
frames, fail-safe chords, inboard chords,
frame webs, and stringers; an inspection
for the presence of repairs in certain
inspections zones and open tooling
holes; and applicable on-condition
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.
FAA’s Determination
We are proposing 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.
Proposed AD Requirements
This proposed AD would require
accomplishment of the actions
identified as ‘‘RC’’ (required for
compliance) in the Accomplishment
Instructions of Boeing Alert Service
Bulletin 737–53A1360, dated June 21,
2018, described previously, except for
any differences identified as exceptions
in the regulatory text of this proposed
AD and except as discussed under
‘‘Differences Between this Proposed AD
and the Service Information.’’
For information on the procedures
and compliance times, see this service
information at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2018–
0900.
Differences Between This Proposed AD
and the Service Information
Boeing Alert Service Bulletin 737–
53A1360, dated June 21, 2018, specifies
that the additional inspections and
applicable on-condition actions
identified in Table 9, ‘‘Inspection of the
Fuselage Frame Integral Inboard Chord
and Web from STA 360 to STA 400,
Right Side,’’ of Boeing Alert Service
Bulletin 737–53A1360, dated June 21,
2018, must be done only for Group 3
airplanes. However, this proposed AD
also requires that for Group 2 and
Groups 4 through 9 airplanes identified
in Boeing Alert Service Bulletin 737–
53A1360, dated June 21, 2018, that have
been modified to a cargo configuration,
those additional inspections and
applicable on-condition actions must
also be done. We have coordinated this
difference with Boeing.
Costs of Compliance
We estimate that this proposed AD
affects 262 airplanes of U.S. registry. We
estimate the following costs to comply
with this proposed AD:
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ESTIMATED COSTS FOR REQUIRED ACTIONS
Action
Labor cost
Parts cost
Cost per product
Cost on U.S.
operators
Inspections .....
Up to 243 work-hours × $85 per hour =
$20,655 per inspection cycle.
None ..............
Up to $20,655 per inspection
cycle.
Up to $5,411,610 per inspection cycle.
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Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Proposed Rules
We have received no definitive data
that would enable us to provide cost
estimates for the on-condition actions
specified in this proposed AD.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
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 proposed 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.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
Regulatory Findings
We determined that this proposed AD
would not have federalism implications
under Executive Order 13132. This
proposed AD would 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 this proposed regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Is not a ‘‘significant rule’’ under
the 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.
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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. FAA amends § 39.13 by adding the
following new airworthiness directive
(AD):
■
The Boeing Company: Docket No. FAA–
2018–0900; Product Identifier 2018–
NM–101–AD.
(a) Comments Due Date
We must receive comments by November
30, 2018.
(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 737–53A1360, dated June
21, 2018.
(d) Subject
Air Transport Association (ATA) of
America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by reports of
cracking in the frame web, frame integral
inboard chord, and fail-safe chord on
multiple airplanes in multiple locations
below the passenger floor, in addition to an
evaluation by the design approval holder
(DAH) indicating that the fuselage frame
splices from station (STA) 380 to STA 520
and STA 727A to STA 907 between stringers
S–13 and S–14 are subject to widespread
fatigue damage (WFD). We are issuing this
AD to address cracks in these locations,
which could grow large enough to sever
frames. Continued operation with multiple
adjacent severed frames or a combination of
a severed frame adjacent to fuselage skin
cracks in chem-milled pockets could result in
a loss of structural integrity or uncontrolled
decompression.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Actions for Group 1
For airplanes identified as Group 1 in
Boeing Alert Service Bulletin 737–53A1360,
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52175
dated June 21, 2018: Within 120 days after
the effective date of this AD, inspect the
airplane and do all applicable on-condition
actions using a method approved in
accordance with the procedures specified in
paragraph (k) of this AD.
(h) Inspection for Groups 2 Through 9
For airplanes identified as Groups 2
through 9 in Boeing Alert Service Bulletin
737–53A1360, dated June 21, 2018, except as
specified in paragraph (i) of this AD: At the
applicable times specified in paragraph 1.E.,
‘‘Compliance,’’ of Boeing Alert Service
Bulletin 737–53A1360, dated June 21, 2018,
do all applicable actions identified as ‘‘RC’’
(required for compliance) in, and in
accordance with, the Accomplishment
Instructions of Boeing Alert Service Bulletin
737–53A1360, dated June 21, 2018.
(i) Exceptions to Service Information
Specifications
(1) For purposes of determining
compliance with the requirements of this AD:
Where Boeing Alert Service Bulletin 737–
53A1360, dated June 21, 2018, uses the
phrase ‘‘the original issue date of this service
bulletin,’’ this AD requires using ‘‘the
effective date of this AD.’’
(2) Where Boeing Alert Service Bulletin
737–53A1360, dated June 21, 2018, specifies
contacting Boeing for repair instructions:
This AD requires repair and applicable oncondition actions using a method approved
in accordance with the procedures specified
in paragraph (k) of this AD.
(3) Where Boeing Alert Service Bulletin
737–53A1360, dated June 21, 2018, specifies
contacting Boeing for alternative inspections:
This AD requires alternative inspections
using a method approved in accordance with
the procedures specified in paragraph (k) of
this AD.
(4) For airplanes identified as Group 2 and
Groups 4 through 9 in Boeing Alert Service
Bulletin 737–53A1360, dated June 21, 2018,
that have been modified to a cargo
configuration: In addition to the actions
required by paragraph (h) of this AD, the
actions specified in Table 9, ‘‘Inspection of
the Fuselage Frame Integral Inboard Chord
and Web from STA 360 to STA 400, Right
Side,’’ of Boeing Alert Service Bulletin 737–
53A1360, dated June 21, 2018, must be done
by doing all applicable actions identified as
‘‘RC’’ (required for compliance) in, and in
accordance with, the Accomplishment
Instructions of Boeing Alert Service Bulletin
737–53A1360, dated June 21, 2018, at the
applicable compliance times specified in
Table 9, ‘‘Inspection of the Fuselage Frame
Integral Inboard Chord and Web from STA
360 to STA 400, Right Side,’’ of Boeing Alert
Service Bulletin 737–53A1360, dated June
21, 2018, except as specified in paragraphs
(i)(1) and (i)(2) of this AD.
(j) Terminating Actions for Repetitive
Inspections
(1) Accomplishment of a preventative
modification specified in Part 7 of the
Accomplishment Instructions of Boeing Alert
Service Bulletin 737–53A1360, dated June
21, 2018, at a tooling hole location,
terminates the repetitive inspections
specified in Part 6 of the Accomplishment
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Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Proposed Rules
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Instructions of Boeing Alert Service Bulletin
737–53A1360, dated June 21, 2018, that are
required by paragraph (h) of this AD, for that
modified tooling hole location only.
(2) Accomplishment of an high frequency
eddy current inspection specified in Part 9 of
the Accomplishment Instructions of Boeing
Alert Service Bulletin 737–53A1360, dated
June 21, 2018, terminates the repetitive
inspections specified in Part 2 of the
Accomplishment Instructions of Boeing Alert
Service Bulletin 737–53A1360, dated June
21, 2018, that are required by paragraph (h)
of this AD, at the uppermost frame splice
fastener location only.
(k) 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 (l)(2) of
this AD. Information may be emailed to: 9ANM-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 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) Except as required by paragraph (i) of
this AD: For service information that
contains steps that are labeled as RC, the
provisions of paragraphs (k)(4)(i) and
(k)(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.
(l) Related Information
(1) For more information about this AD,
contact Lu Lu, Aerospace Engineer, Airframe
Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198;
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17:27 Oct 15, 2018
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phone and fax: 206–231–3525; email: lu.lu@
faa.gov.
(2) For information about AMOCs, contact
George Garrido, Aerospace Engineer,
Airframe Section, FAA, Los Angeles ACO
Branch, 3960 Paramount Boulevard,
Lakewood, CA 90712–4137; phone: 562–627–
5232; fax: 562–627–5210; email:
george.garrido@faa.gov.
(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. You may view this
referenced 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.
Issued in Des Moines, Washington, on
October 4, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2018–22278 Filed 10–15–18; 8:45 am]
BILLING CODE 4910–13–P
LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 201
[Docket No. 2018–8]
Noncommercial Use of Pre-1972 Sound
Recordings That Are Not Being
Commercially Exploited
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The U.S. Copyright Office is
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Regan A. Smith, General Counsel and
Associate Register of Copyrights, by
email at regans@copyright.gov, Anna
Chauvet, Assistant General Counsel, by
email at achau@copyright.gov, or Jason
E. Sloan, Assistant General Counsel, by
email at jslo@copyright.gov. Each can be
contacted by telephone by calling (202)
707–8350.
SUPPLEMENTARY INFORMATION:
I. Background
On October 11, 2018, the president
signed into law the Orrin G. Hatch–Bob
Goodlatte Music Modernization Act,
H.R. 1551 (‘‘MMA’’). Title II of the
MMA, the Classics Protection and
Access Act, created chapter 14 of the
copyright law, title 17, United States
Code, which, among other things,
extends remedies for copyright
infringement to owners of sound
recordings fixed before February 15,
1972 (‘‘Pre-1972 Sound Recordings’’).
Under the provision, rights owners may
be eligible to recover statutory damages
E:\FR\FM\16OCP1.SGM
16OCP1
]]>Agencies
[Federal Register Volume 83, Number 200 (Tuesday, October 16, 2018)]
[Proposed Rules]
[Pages 52173-52176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22278]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2018-0900; Product Identifier 2018-NM-101-AD]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain The Boeing Company Model 737-100, -200, -200C, -300, -400, and
-500 series airplanes. This proposed AD was prompted by reports of
cracking in the frame web, frame integral inboard chord, and fail-safe
chord on multiple airplanes in multiple locations below the passenger
floor, in addition to an evaluation by the design approval holder (DAH)
indicating that certain fuselage frame splices are subject to
widespread fatigue damage (WFD). This proposed AD would require
repetitive inspections of certain fuselage upper frames, side frames,
fail-safe chords, inboard chords, frame webs, and stringers; an
inspection for the presence of repairs in certain inspections zones and
open tooling holes; and applicable on-condition actions. We are
proposing this AD to address the unsafe condition on these products.
DATES: We must receive comments on this proposed AD by November 30,
2018.
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 https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this NPRM, 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, 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-2018-0900.
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-2018-
0900; 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 NPRM, 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: Lu Lu, Aerospace Engineer, Airframe
Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA
98198; phone and fax: 206-231-3525; email: [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2018-0900;
Product Identifier 2018-NM-101-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM because
of those comments.
We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
[[Page 52174]]
Discussion
Fatigue damage can occur locally, in small areas or structural
design details, or globally, in widespread areas. Multiple-site damage
is widespread damage that occurs in a large structural element such as
a single rivet line of a lap splice joining two large skin panels.
Widespread damage can also occur in multiple elements such as adjacent
frames or stringers. Multiple-site damage and multiple-element damage
cracks are typically too small initially to be reliably detected with
normal inspection methods. Without intervention, these cracks will
grow, and eventually compromise the structural integrity of the
airplane. This condition is known as WFD. It is associated with general
degradation of large areas of structure with similar structural details
and stress levels. As an airplane ages, WFD will likely occur, and will
certainly occur if the airplane is operated long enough without any
intervention.
The FAA's WFD final rule (75 FR 69746, November 15, 2010) became
effective on January 14, 2011. The WFD rule requires certain actions to
prevent structural failure due to WFD throughout the operational life
of certain existing transport category airplanes and all of these
airplanes that will be certificated in the future. For existing and
future airplanes subject to the WFD rule, the rule requires that DAHs
establish a limit of validity (LOV) of the engineering data that
support the structural maintenance program. Operators affected by the
WFD rule may not fly an airplane beyond its LOV, unless an extended LOV
is approved.
The WFD rule (75 FR 69746, November 15, 2010) does not require
identifying and developing maintenance actions if the DAHs can show
that such actions are not necessary to prevent WFD before the airplane
reaches the LOV. Many LOVs, however, do depend on accomplishment of
future maintenance actions. As stated in the WFD rule, any maintenance
actions necessary to reach the LOV will be mandated by airworthiness
directives through separate rulemaking actions.
In the context of WFD, this action is necessary to enable DAHs to
propose LOVs that allow operators the longest operational lives for
their airplanes, and still ensure that WFD will not occur. This
approach allows for an implementation strategy that provides
flexibility to DAHs in determining the timing of service information
development (with FAA approval), while providing operators with
certainty regarding the LOV applicable to their airplanes.
We have received a report indicating that cracking is being found
in the frame web, frame integral inboard chord, and fail-safe chord on
multiple frame locations, below the passenger floor, on multiple Model
737-100, -200, -200C, -300, -400 and -500 series airplanes. In
addition, the fuselage frame splices from station (STA) 380 to STA 520
and STA 727A to STA 907 between stringers S-13 and S-14, are subject to
WFD. This condition, if not addressed, could result in the cracks
growing large enough to sever frames. Continued operation with multiple
adjacent severed frames or a combination of a severed frame adjacent to
fuselage skin cracks in chem-milled pockets could result in a loss of
structural integrity or uncontrolled decompression.
Related Service Information Under 1 CFR Part 51
We reviewed Boeing Alert Service Bulletin 737-53A1360, dated June
21, 2018. The service information describes procedures for repetitive
inspections of certain fuselage upper frames, side frames, fail-safe
chords, inboard chords, frame webs, and stringers; an inspection for
the presence of repairs in certain inspections zones and open tooling
holes; and applicable on-condition 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.
FAA's Determination
We are proposing 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.
Proposed AD Requirements
This proposed AD would require accomplishment of the actions
identified as ``RC'' (required for compliance) in the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-53A1360, dated June
21, 2018, described previously, except for any differences identified
as exceptions in the regulatory text of this proposed AD and except as
discussed under ``Differences Between this Proposed AD and the Service
Information.''
For information on the procedures and compliance times, see this
service information at https://www.regulations.gov by searching for and
locating Docket No. FAA-2018-0900.
Differences Between This Proposed AD and the Service Information
Boeing Alert Service Bulletin 737-53A1360, dated June 21, 2018,
specifies that the additional inspections and applicable on-condition
actions identified in Table 9, ``Inspection of the Fuselage Frame
Integral Inboard Chord and Web from STA 360 to STA 400, Right Side,''
of Boeing Alert Service Bulletin 737-53A1360, dated June 21, 2018, must
be done only for Group 3 airplanes. However, this proposed AD also
requires that for Group 2 and Groups 4 through 9 airplanes identified
in Boeing Alert Service Bulletin 737-53A1360, dated June 21, 2018, that
have been modified to a cargo configuration, those additional
inspections and applicable on-condition actions must also be done. We
have coordinated this difference with Boeing.
Costs of Compliance
We estimate that this proposed AD affects 262 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Inspections............ Up to 243 work-hours None................... Up to $20,655 per Up to $5,411,610
x $85 per hour = inspection cycle. per inspection
$20,655 per cycle.
inspection cycle.
----------------------------------------------------------------------------------------------------------------
[[Page 52175]]
We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
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 proposed 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
We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Is not a ``significant rule'' under the 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.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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. FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
The Boeing Company: Docket No. FAA-2018-0900; Product Identifier
2018-NM-101-AD.
(a) Comments Due Date
We must receive comments by November 30, 2018.
(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-
53A1360, dated June 21, 2018.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by reports of cracking in the frame web,
frame integral inboard chord, and fail-safe chord on multiple
airplanes in multiple locations below the passenger floor, in
addition to an evaluation by the design approval holder (DAH)
indicating that the fuselage frame splices from station (STA) 380 to
STA 520 and STA 727A to STA 907 between stringers S-13 and S-14 are
subject to widespread fatigue damage (WFD). We are issuing this AD
to address cracks in these locations, which could grow large enough
to sever frames. Continued operation with multiple adjacent severed
frames or a combination of a severed frame adjacent to fuselage skin
cracks in chem-milled pockets could result in a loss of structural
integrity or uncontrolled decompression.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Actions for Group 1
For airplanes identified as Group 1 in Boeing Alert Service
Bulletin 737-53A1360, dated June 21, 2018: Within 120 days after the
effective date of this AD, inspect the airplane and do all
applicable on-condition actions using a method approved in
accordance with the procedures specified in paragraph (k) of this
AD.
(h) Inspection for Groups 2 Through 9
For airplanes identified as Groups 2 through 9 in Boeing Alert
Service Bulletin 737-53A1360, dated June 21, 2018, except as
specified in paragraph (i) of this AD: At the applicable times
specified in paragraph 1.E., ``Compliance,'' of Boeing Alert Service
Bulletin 737-53A1360, dated June 21, 2018, do all applicable actions
identified as ``RC'' (required for compliance) in, and in accordance
with, the Accomplishment Instructions of Boeing Alert Service
Bulletin 737-53A1360, dated June 21, 2018.
(i) Exceptions to Service Information Specifications
(1) For purposes of determining compliance with the requirements
of this AD: Where Boeing Alert Service Bulletin 737-53A1360, dated
June 21, 2018, uses the phrase ``the original issue date of this
service bulletin,'' this AD requires using ``the effective date of
this AD.''
(2) Where Boeing Alert Service Bulletin 737-53A1360, dated June
21, 2018, specifies contacting Boeing for repair instructions: This
AD requires repair and applicable on-condition actions using a
method approved in accordance with the procedures specified in
paragraph (k) of this AD.
(3) Where Boeing Alert Service Bulletin 737-53A1360, dated June
21, 2018, specifies contacting Boeing for alternative inspections:
This AD requires alternative inspections using a method approved in
accordance with the procedures specified in paragraph (k) of this
AD.
(4) For airplanes identified as Group 2 and Groups 4 through 9
in Boeing Alert Service Bulletin 737-53A1360, dated June 21, 2018,
that have been modified to a cargo configuration: In addition to the
actions required by paragraph (h) of this AD, the actions specified
in Table 9, ``Inspection of the Fuselage Frame Integral Inboard
Chord and Web from STA 360 to STA 400, Right Side,'' of Boeing Alert
Service Bulletin 737-53A1360, dated June 21, 2018, must be done by
doing all applicable actions identified as ``RC'' (required for
compliance) in, and in accordance with, the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-53A1360, dated
June 21, 2018, at the applicable compliance times specified in Table
9, ``Inspection of the Fuselage Frame Integral Inboard Chord and Web
from STA 360 to STA 400, Right Side,'' of Boeing Alert Service
Bulletin 737-53A1360, dated June 21, 2018, except as specified in
paragraphs (i)(1) and (i)(2) of this AD.
(j) Terminating Actions for Repetitive Inspections
(1) Accomplishment of a preventative modification specified in
Part 7 of the Accomplishment Instructions of Boeing Alert Service
Bulletin 737-53A1360, dated June 21, 2018, at a tooling hole
location, terminates the repetitive inspections specified in Part 6
of the Accomplishment
[[Page 52176]]
Instructions of Boeing Alert Service Bulletin 737-53A1360, dated
June 21, 2018, that are required by paragraph (h) of this AD, for
that modified tooling hole location only.
(2) Accomplishment of an high frequency eddy current inspection
specified in Part 9 of the Accomplishment Instructions of Boeing
Alert Service Bulletin 737-53A1360, dated June 21, 2018, terminates
the repetitive inspections specified in Part 2 of the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-53A1360, dated
June 21, 2018, that are required by paragraph (h) of this AD, at the
uppermost frame splice fastener location only.
(k) 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 (l)(2) 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 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, 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) Except as required by paragraph (i) of this AD: For service
information that contains steps that are labeled as RC, the
provisions of paragraphs (k)(4)(i) and (k)(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.
(l) Related Information
(1) For more information about this AD, contact Lu Lu, Aerospace
Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200 South
216th St., Des Moines, WA 98198; phone and fax: 206-231-3525; email:
[email protected].
(2) For information about AMOCs, contact George Garrido,
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch,
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5232; fax: 562-627-5210; email: [email protected].
(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. You may view this referenced 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.
Issued in Des Moines, Washington, on October 4, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-22278 Filed 10-15-18; 8:45 am]
BILLING CODE 4910-13-P
