Airworthiness Directives; The Boeing Company Airplanes, 20772-20774 [2019-09747]
Download as PDF
20772
Federal Register / Vol. 84, No. 92 / Monday, May 13, 2019 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2018–0901; Product
Identifier 2018–NM–114–AD; Amendment
39–19624; AD 2019–08–03]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
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 was prompted
by reports that frame web and frame
integral inboard chord cracking is
occurring on multiple airplanes in
multiple locations below the passenger
floor. This AD requires repetitive
detailed, general visual, and high
frequency eddy current (HFEC)
inspections of the section 43 lower lobe
frames at certain stations; an inspection
to determine if certain repairs are
installed; and applicable on-condition
actions. We are issuing this AD to
address the unsafe condition on these
products.
SUMMARY:
This AD is effective June 17,
2019.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of June 17, 2019.
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, 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–
0901.
DATES:
jbell on DSK3GLQ082PROD with RULES
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–
0901; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
VerDate Sep<11>2014
16:01 May 10, 2019
Jkt 247001
The AD docket contains this final rule,
the regulatory evaluation, any
comments received, and other
information. The address for Docket
Operations (phone: 800–647–5527) 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:
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.
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 737–100, –200, –200C, –300,
–400, and –500 series airplanes. The
NPRM published in the Federal
Register on October 16, 2018 (83 FR
52171). The NPRM was prompted by
reports that frame web and frame
integral inboard chord cracking is
occurring on multiple airplanes in
multiple locations below the passenger
floor. The NPRM proposed to require
repetitive detailed, general visual, and
HFEC inspections of the section 43
lower lobe frames from station (STA)
380 to STA 520; an inspection to
determine if certain repairs are
installed; and applicable on-condition
actions.
We are issuing this AD to address
frame cracking, which could result in
the failure of multiple frames or the
combination of a severed frame and
cracks in fuselage chem-milled pockets
in this area, which could lead to
uncontrolled decompression of the
airplane.
Comments
We gave the public the opportunity to
participate in developing this final rule.
The following presents the comments
received on the NPRM and the FAA’s
response to each comment.
Effect of Winglets on Accomplishment
of the Proposed Actions
Aviation Partners Boeing stated that
accomplishing the Supplemental Type
Certificate (STC) ST01219SE does not
affect the actions specified in the
NPRM.
We concur with the commenter. We
have 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
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
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.
Request for Clarification About Frame
Replacement
Commenter Mark Bowen observed
that if a crack or ‘‘non SRM/Boeing
repair’’ is found as part of inspections
accomplished under Boeing Alert
Service Bulletin 737–53A1361, the only
action given in the proposed AD is to
contact Boeing for repair or alternative
inspections. He asked whether frame
replacement could be considered an
alternative option to contacting Boeing
for a repair or alternative inspections.
We partially agree with the
commenter’s request. Frame
replacement that removes the cracked or
repaired structure may be an option to
repair or alternative inspections,
provided the replacement can be shown
to adequately address the unsafe
condition. However, we note that the
commenter did not provide sufficient
documentation to show that, in regard
to the unsafe condition identified in this
AD, a frame replacement would
adequately address the unsafe
condition. In addition, the commenter
did not provide details on a proposed
method of compliance for
accomplishing the proposed frame
replacement or post-replacement
inspections, nor any evidence of
support for the proposal from the
Boeing Commercial Airplanes
Organization Designation Authorization
(ODA). Operators may apply for an
alternative method of compliance in
accordance with paragraph (i) of this
AD, provided they can show that frame
replacement adequately addresses the
unsafe condition. We have not changed
this AD in this regard.
Request To Change Exception Language
Boeing requested that we change
paragraph (i)(4) of the proposed AD to
refer to paragraph (h) of the proposed
AD instead of (h)(2). We contacted
Boeing to clarify the intent of their
comment and they stated that they
wanted to allow using the phrase ‘‘the
original issue date of this service
bulletin’’ (rather than ‘‘the effective date
of this AD’’) for determining compliance
with this AD only when used in flag
notes and notes. Boeing clarified that
Boeing Alert Service Bulletin 737–
53A1361, dated July 17, 2018, uses the
phrase ‘‘the original issue date of this
service bulletin’’ in several notes and
E:\FR\FM\13MYR1.SGM
13MYR1
Federal Register / Vol. 84, No. 92 / Monday, May 13, 2019 / Rules and Regulations
refer to ‘‘applicable on-condition
actions’’ instead of ‘‘applicable
corrective actions.’’ The commenter
suggested that ‘‘on-condition actions’’
would be consistent with current
standards.
We agree because this language would
be consistent with the preamble of this
AD, as well as current terminology
standards. We have made the requested
change in paragraph (g)(1) of this AD.
flag notes. Boeing added that those
notes, which are required for
compliance (‘‘RC’’), specify conditions
under which certain airplanes do not
have to do certain actions following
approved repairs. Boeing noted that if
those notes are not excepted in
paragraph (h)(1) of this AD, then
operators would have to request an
AMOC if the applicable repairs were
approved after the original issue date of
the service bulletin and before the
effective date of this AD.
We agree with the commenter’s
request to allow using the phrase ‘‘the
original issue date of this service
bulletin’’ for determining compliance
with this AD only when used in flag
notes and notes. We have revised
paragraph (h)(1) of this AD to provide
an exception to the phrase ‘‘the original
issue date of this service bulletin,’’ in a
note or flag note. We have determined
it is not necessary to change paragraph
(i)(4) of this AD in this regard.
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:
• Are consistent with the intent that
was proposed in the NPRM for
addressing the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM.
We also determined that these
changes will not increase the economic
Request To Correct Wording for
Consistency
Boeing requested that we change
paragraph (g)(1) of the proposed AD to
20773
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 737–53A1361, dated July 17,
2018. This service information describes
procedures for repetitive detailed,
general visual, and HFEC inspections of
the section 43 lower lobe frames from
STA 380 to STA 520; a general visual
inspection to determine if certain
repairs are installed; and applicable oncondition actions. This service
information is reasonably available
because the interested parties have
access to it through their normal course
of business or by the means identified
in the ADDRESSES section.
Costs of Compliance
We estimate that this AD affects 262
airplanes of U.S. registry. We estimate
the following costs to comply with this
AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Action
Labor cost
Inspections .........
Up to 84 work-hours × $85 per
hour = $7,140 per inspection
cycle.
We have received no definitive data
that would enable us to provide cost
estimates for the on-condition actions
specified in this AD.
jbell on DSK3GLQ082PROD with RULES
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
VerDate Sep<11>2014
16:01 May 10, 2019
Jkt 247001
Cost per
product
Cost on U.S.
operators
Up to $7,140 per inspection cycle
Up to $1,870,680 per inspection
cycle.
Parts cost
$0
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 and associated appliances 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.
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
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:
E:\FR\FM\13MYR1.SGM
13MYR1
20774
Federal Register / Vol. 84, No. 92 / Monday, May 13, 2019 / Rules and Regulations
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 adding
the following new airworthiness
directive (AD):
■
2019–08–03 The Boeing Company:
Amendment 39–19624; Docket No.
FAA–2018–0901; Product Identifier
2018–NM–114–AD.
(a) Effective Date
This AD is effective June 17, 2019.
(b) Affected ADs
None.
(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 737–53A1361,
dated July 17, 2018.
(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 reports that
frame web and frame integral inboard chord
cracking is occurring on multiple airplanes in
multiple locations below the passenger floor.
We are issuing this AD to address frame
cracking, which could result in the failure of
multiple frames or the combination of a
severed frame and cracks in fuselage chemmilled pockets in this area, which could lead
to uncontrolled decompression of the
airplane.
jbell on DSK3GLQ082PROD with RULES
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
(1) For airplanes identified as Group 1 in
Boeing Alert Service Bulletin 737–53A1361,
dated July 17, 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 (i) of
this AD.
(2) For airplanes identified as Groups 2
through 6 in Boeing Alert Service Bulletin
737–53A1361, dated July 17, 2018: Except as
required by paragraph (h) of this AD, at the
applicable times specified in paragraph 1.E.,
VerDate Sep<11>2014
16:01 May 10, 2019
Jkt 247001
‘‘Compliance,’’ of Boeing Alert Service
Bulletin 737–53A1361, dated July 17, 2018,
do all applicable actions identified as ‘‘RC’’
(required for compliance) in, and in
accordance with, the Accomplishment
Instructions of Boeing Alert Service Bulletin
737–53A1361, dated July 17, 2018.
(h) Exceptions to Service Information
Specifications
(1) For purposes of determining
compliance with the requirements of this AD:
Where Boeing Alert Service Bulletin 737–
53A1361, dated July 17, 2018, uses the
phrase ‘‘the original issue date of this service
bulletin,’’ this AD requires using ‘‘the
effective date of this AD,’’ except where
Boeing Alert Service Bulletin 737–53A1361,
dated July 17, 2018, uses the phrase ‘‘the
original issue date of this service bulletin’’ in
a note or flag note.
(2) Where Boeing Alert Service Bulletin
737–53A1361, dated July 17, 2018, specifies
contacting Boeing for repair instructions or
contacting Boeing for alternative inspections:
This AD requires doing the repair, or the
alternative inspections and applicable oncondition actions, using a method approved
in accordance with the procedures specified
in paragraph (i) of this AD.
(i) 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 (j) of this
AD. 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 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.
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
(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
For more information about this AD,
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.
(k) 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–
53A1361, dated July 17, 2018.
(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,
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, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Des Moines, Washington, on May
1, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–09747 Filed 5–10–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2019–0041; Airspace
Docket No. 19–AGL–6]
RIN 2120–AA66
Amendment of Class E Airspace;
Mount Vernon, IL
Federal Aviation
Administration (FAA), DOT.
AGENCY:
E:\FR\FM\13MYR1.SGM
13MYR1
Agencies
[Federal Register Volume 84, Number 92 (Monday, May 13, 2019)]
[Rules and Regulations]
[Pages 20772-20774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09747]
[[Page 20772]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2018-0901; Product Identifier 2018-NM-114-AD; Amendment
39-19624; AD 2019-08-03]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
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 was prompted by reports that frame web and
frame integral inboard chord cracking is occurring on multiple
airplanes in multiple locations below the passenger floor. This AD
requires repetitive detailed, general visual, and high frequency eddy
current (HFEC) inspections of the section 43 lower lobe frames at
certain stations; an inspection to determine if certain repairs are
installed; and applicable on-condition actions. We are issuing this AD
to address the unsafe condition on these products.
DATES: This AD is effective June 17, 2019.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 17,
2019.
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, 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-
0901.
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-
0901; 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, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) 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: 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].
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 737-100, -200, -200C, -300, -400, and -500 series airplanes. The
NPRM published in the Federal Register on October 16, 2018 (83 FR
52171). The NPRM was prompted by reports that frame web and frame
integral inboard chord cracking is occurring on multiple airplanes in
multiple locations below the passenger floor. The NPRM proposed to
require repetitive detailed, general visual, and HFEC inspections of
the section 43 lower lobe frames from station (STA) 380 to STA 520; an
inspection to determine if certain repairs are installed; and
applicable on-condition actions.
We are issuing this AD to address frame cracking, which could
result in the failure of multiple frames or the combination of a
severed frame and cracks in fuselage chem-milled pockets in this area,
which could lead to uncontrolled decompression of the airplane.
Comments
We gave the public the opportunity to participate in developing
this final rule. The following presents the comments received on the
NPRM and the FAA's response to each comment.
Effect of Winglets on Accomplishment of the Proposed Actions
Aviation Partners Boeing stated that accomplishing the Supplemental
Type Certificate (STC) ST01219SE does not affect the actions specified
in the NPRM.
We concur with the commenter. We have 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, 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.
Request for Clarification About Frame Replacement
Commenter Mark Bowen observed that if a crack or ``non SRM/Boeing
repair'' is found as part of inspections accomplished under Boeing
Alert Service Bulletin 737-53A1361, the only action given in the
proposed AD is to contact Boeing for repair or alternative inspections.
He asked whether frame replacement could be considered an alternative
option to contacting Boeing for a repair or alternative inspections.
We partially agree with the commenter's request. Frame replacement
that removes the cracked or repaired structure may be an option to
repair or alternative inspections, provided the replacement can be
shown to adequately address the unsafe condition. However, we note that
the commenter did not provide sufficient documentation to show that, in
regard to the unsafe condition identified in this AD, a frame
replacement would adequately address the unsafe condition. In addition,
the commenter did not provide details on a proposed method of
compliance for accomplishing the proposed frame replacement or post-
replacement inspections, nor any evidence of support for the proposal
from the Boeing Commercial Airplanes Organization Designation
Authorization (ODA). Operators may apply for an alternative method of
compliance in accordance with paragraph (i) of this AD, provided they
can show that frame replacement adequately addresses the unsafe
condition. We have not changed this AD in this regard.
Request To Change Exception Language
Boeing requested that we change paragraph (i)(4) of the proposed AD
to refer to paragraph (h) of the proposed AD instead of (h)(2). We
contacted Boeing to clarify the intent of their comment and they stated
that they wanted to allow using the phrase ``the original issue date of
this service bulletin'' (rather than ``the effective date of this AD'')
for determining compliance with this AD only when used in flag notes
and notes. Boeing clarified that Boeing Alert Service Bulletin 737-
53A1361, dated July 17, 2018, uses the phrase ``the original issue date
of this service bulletin'' in several notes and
[[Page 20773]]
flag notes. Boeing added that those notes, which are required for
compliance (``RC''), specify conditions under which certain airplanes
do not have to do certain actions following approved repairs. Boeing
noted that if those notes are not excepted in paragraph (h)(1) of this
AD, then operators would have to request an AMOC if the applicable
repairs were approved after the original issue date of the service
bulletin and before the effective date of this AD.
We agree with the commenter's request to allow using the phrase
``the original issue date of this service bulletin'' for determining
compliance with this AD only when used in flag notes and notes. We have
revised paragraph (h)(1) of this AD to provide an exception to the
phrase ``the original issue date of this service bulletin,'' in a note
or flag note. We have determined it is not necessary to change
paragraph (i)(4) of this AD in this regard.
Request To Correct Wording for Consistency
Boeing requested that we change paragraph (g)(1) of the proposed AD
to refer to ``applicable on-condition actions'' instead of ``applicable
corrective actions.'' The commenter suggested that ``on-condition
actions'' would be consistent with current standards.
We agree because this language would be consistent with the
preamble of this AD, as well as current terminology standards. We have
made the requested change in paragraph (g)(1) of this AD.
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:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.
Related Service Information Under 1 CFR Part 51
We reviewed Boeing Alert Service Bulletin 737-53A1361, dated July
17, 2018. This service information describes procedures for repetitive
detailed, general visual, and HFEC inspections of the section 43 lower
lobe frames from STA 380 to STA 520; a general visual inspection to
determine if certain repairs are installed; 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.
Costs of Compliance
We estimate that this AD affects 262 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Inspections...................... Up to 84 work-hours $0 Up to $7,140 per Up to $1,870,680
x $85 per hour = inspection cycle. per inspection
$7,140 per cycle.
inspection cycle.
----------------------------------------------------------------------------------------------------------------
We have received no definitive data that would 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 and
associated appliances 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:
[[Page 20774]]
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):
2019-08-03 The Boeing Company: Amendment 39-19624; Docket No. FAA-
2018-0901; Product Identifier 2018-NM-114-AD.
(a) Effective Date
This AD is effective June 17, 2019.
(b) Affected ADs
None.
(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-
53A1361, dated July 17, 2018.
(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 reports that frame web and frame
integral inboard chord cracking is occurring on multiple airplanes
in multiple locations below the passenger floor. We are issuing this
AD to address frame cracking, which could result in the failure of
multiple frames or the combination of a severed frame and cracks in
fuselage chem-milled pockets in this area, which could lead to
uncontrolled decompression of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
(1) For airplanes identified as Group 1 in Boeing Alert Service
Bulletin 737-53A1361, dated July 17, 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 (i) of this
AD.
(2) For airplanes identified as Groups 2 through 6 in Boeing
Alert Service Bulletin 737-53A1361, dated July 17, 2018: Except as
required by paragraph (h) of this AD, at the applicable times
specified in paragraph 1.E., ``Compliance,'' of Boeing Alert Service
Bulletin 737-53A1361, dated July 17, 2018, do all applicable actions
identified as ``RC'' (required for compliance) in, and in accordance
with, the Accomplishment Instructions of Boeing Alert Service
Bulletin 737-53A1361, dated July 17, 2018.
(h) Exceptions to Service Information Specifications
(1) For purposes of determining compliance with the requirements
of this AD: Where Boeing Alert Service Bulletin 737-53A1361, dated
July 17, 2018, uses the phrase ``the original issue date of this
service bulletin,'' this AD requires using ``the effective date of
this AD,'' except where Boeing Alert Service Bulletin 737-53A1361,
dated July 17, 2018, uses the phrase ``the original issue date of
this service bulletin'' in a note or flag note.
(2) Where Boeing Alert Service Bulletin 737-53A1361, dated July
17, 2018, specifies contacting Boeing for repair instructions or
contacting Boeing for alternative inspections: This AD requires
doing the repair, or the alternative inspections and applicable on-
condition actions, using a method approved in accordance with the
procedures specified in paragraph (i) of this AD.
(i) 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 (j) 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 (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
For more information about this AD, 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].
(k) 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 737-53A1361, dated July 17,
2018.
(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, 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, call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on May 1, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-09747 Filed 5-10-19; 8:45 am]
BILLING CODE 4910-13-P