Airworthiness Directives; The Boeing Company Airplanes, 26743-26746 [2019-12221]

Download as PDF Federal Register / Vol. 84, No. 111 / Monday, June 10, 2019 / Rules and Regulations demonstrate this capability at the most critical condition. a. The applicant must show that the APU will provide adequate electrical power for continued safe flight and landing. b. The operating limitations section of the airplane flight manual (AFM) must incorporate non-normal procedures that direct the pilot to take appropriate actions to activate the APU after loss of normal engine-driven generated electrical power. 5. As part of showing compliance with these special conditions, the tests to demonstrate loss of all normal electrical power must also take into account the following: a. The assumption that the failure condition occurs during night instrument meteorological conditions (IMC) at the most critical phase of the flight, relative to the worst possible electrical power distribution and equipment-loads-demand condition. b. After the un-restorable loss of normal engine generator power, the airplane engine restart capability is provided and operations continued in IMC. c. The airplane is demonstrated to be capable of continued safe flight and landing. The length of time must be computed based on the maximum diversion time capability for which the airplane is being certified. The applicant must account for airspeed reductions resulting from the associated failure or failures. d. The airplane must provide adequate indication of loss of normal electrical power to direct the pilot to the non-normal procedures, and the operating limitations section of the AFM must incorporate non-normal procedures that will direct the pilot to take appropriate actions. Issued in Des Moines, Washington, on June 4, 2019. Paul Siegmund, Acting Manager, Transport Standards Branch, Policy and Innovation Division, Aircraft Certification Service. [FR Doc. 2019–12120 Filed 6–7–19; 8:45 am] khammond on DSKBBV9HB2PROD with RULES BILLING CODE 4910–13–P VerDate Sep<11>2014 15:41 Jun 07, 2019 Jkt 247001 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2019–0409; Product Identifier 2019–NM–092–AD; Amendment 39–19649; AD 2019–11–03] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. AGENCY: The FAA is adopting an airworthiness directive (AD) for certain The Boeing Company Model 737–700C, –800, and –900ER series airplanes. This AD requires a maintenance records check to determine if any main slat track assembly has been removed, an inspection of the main slat track assemblies for a suspect lot number or a lot number that cannot be determined, and applicable on-condition actions. This AD was prompted by a report that certain main slat track assemblies were manufactured incorrectly and are affected by hydrogen embrittlement. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective June 10, 2019. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of June 10, 2019. The FAA must receive comments on this AD by July 25, 2019. 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 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 SUMMARY: PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 26743 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–2019–0409. 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–2019– 0409; 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 street address for Docket Operations is listed above. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Greg Rutar, Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206–231–3529; email: Greg.Rutar@faa.gov. SUPPLEMENTARY INFORMATION: Discussion The FAA has received a report from Boeing indicating that 148 main slat track assemblies from a set of lot numbers were manufactured incorrectly and are affected by hydrogen embrittlement. Main slat track assemblies that are affected by hydrogen embrittlement have reduced strength. After reviewing information within the report provided from Boeing, the FAA determined on May 22, 2019, that this condition, if not addressed, could result in failure of main slat track assemblies, which could cause the slat to depart and potentially strike the airplane, resulting in injury to airplane occupants and/or preventing continued safe flight and landing. Other Relevant Potential Rulemaking The FAA has determined that the identified unsafe condition also exists on Boeing Model 737–8 and –9 (737 MAX) airplanes. Boeing is currently developing service information that will address the unsafe condition for these airplanes. Once this service information is developed, approved, and available, the FAA might consider additional rulemaking. Related Service Information Under 1 CFR Part 51 The FAA reviewed Boeing Alert Requirements Bulletin 737–27A1312 E:\FR\FM\10JNR1.SGM 10JNR1 26744 Federal Register / Vol. 84, No. 111 / Monday, June 10, 2019 / Rules and Regulations RB, dated June 4, 2019. This service information describes procedures for a maintenance records check to determine if any main slat track assembly has been removed, an inspection of the main slat track assemblies for a suspect lot number or a lot number that cannot be determined, sending the inspection results to Boeing, and applicable oncondition actions. On-condition actions include replacing main slat track assemblies having a suspect lot number, or having a lot number that cannot be determined, with serviceable main slat track assemblies; shipping main slat track assemblies with suspect lot numbers or with lot numbers that cannot be determined to Boeing; and contacting Boeing to report if any main slat track assembly has been removed. 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 The FAA is issuing this AD because the agency evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the same type design. AD Requirements This AD requires accomplishment of the actions identified in Boeing Alert Requirements Bulletin 737–27A1312 RB, dated June 4, 2019, described previously, except for any differences identified as exceptions in the regulatory text of this AD. 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–2019– 0409. pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and comment. Because the FAA has determined that it has good cause to adopt this rule without notice and comment, RFA analysis is not required. FAA’s Justification and Determination of the Effective Date An unsafe condition exists that requires the immediate adoption of this AD without providing an opportunity for public comments prior to adoption. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because main slat track assemblies that are affected by hydrogen embrittlement have reduced strength. This condition, if not addressed, could result in failure of main slat track assemblies, which could cause the slat to depart and potentially strike the airplane, resulting in injury to airplane occupants and/or preventing continued safe flight and landing. The compliance time for the required action that has been determined to adequately address the unsafe condition is shorter than the time necessary for the public to comment and for publication of the final rule. Therefore, the FAA finds good cause that notice and opportunity for prior public comment are impracticable. In addition, for the reasons stated above, the FAA finds that good cause exists for making this amendment effective in less than 30 days. Comments Invited Regulatory Flexibility Act (RFA) The requirements of the RFA do not apply when an agency finds good cause This AD is a final rule that involves requirements affecting flight safety and was not preceded by notice and an opportunity for public comment. However, the FAA invites you to send any written data, views, or arguments about this final rule. Send your comments to an address listed under the ADDRESSES section. Include the docket number FAA–2019–0409 and Product Identifier 2019–NM–092–AD at the beginning of your comments. The FAA specifically invites comments on the overall regulatory, economic, environmental, and energy aspects of this final rule. The FAA will consider all comments received by the closing date and may amend this final rule because of those comments. The FAA will post all comments the agency receives, without change, to https://www.regulations.gov, including any personal information you provide. The FAA will also post a report summarizing each substantive verbal contact the agency receives about this final rule. Costs of Compliance The FAA estimates that this AD affects 32 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: ESTIMATED COSTS FOR REQUIRED ACTIONS Action Labor cost Maintenance records check ............................ Inspection ........................................................ Reporting ......................................................... 1 work-hour × $85 per hour = $85 ................. 3 work-hours × $85 per hour = $255 ............. 1 work-hour × $85 per hour = $85 ................. The FAA estimates the following costs to do any necessary on-condition actions that would be required based on the results of the inspection. The FAA has no way of determining the number Cost per product Parts cost $0 0 0 $85 255 85 Cost on U.S. operators $2,720 8,160 2,720 of aircraft that might need these oncondition actions: khammond on DSKBBV9HB2PROD with RULES ESTIMATED COSTS OF ON-CONDITION COSTS Action Labor cost Parts cost Cost per product Replacement and shipping ........................................... Up to 54 work-hours × $85 per hour = Up to $4,590 .. Up to $82,680 Up to $87,270. According to the manufacturer, some or all of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected VerDate Sep<11>2014 15:41 Jun 07, 2019 Jkt 247001 individuals. The FAA does not control warranty coverage for affected individuals. As a result, the FAA has PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 included all available known costs in our cost estimate. E:\FR\FM\10JNR1.SGM 10JNR1 Federal Register / Vol. 84, No. 111 / Monday, June 10, 2019 / Rules and Regulations khammond on DSKBBV9HB2PROD with RULES Paperwork Reduction Act A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB control number. The control number for the collection of information required by this AD is 2120–0056. The paperwork cost associated with this AD has been detailed in the Costs of Compliance section of this document and includes time for reviewing instructions, as well as completing and reviewing the collection of information. Therefore, all reporting associated with this AD is mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at 800 Independence Ave. SW, Washington, DC 20591. ATTN: Information Collection Clearance Officer, AES–200. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. ‘‘Subtitle VII: Aviation Programs’’ describes in more detail the scope of the Agency’s authority. The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: ‘‘General requirements.’’ Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. 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 VerDate Sep<11>2014 15:41 Jun 07, 2019 Jkt 247001 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, and (2) Will not affect intrastate aviation in Alaska. 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 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): ■ 2019–11–03 The Boeing Company: Amendment 39–19649; Docket No. FAA–2019–0409; Product Identifier 2019–NM–092–AD. (a) Effective Date This AD is effective June 10, 2019. (b) Affected ADs None. (c) Applicability (1) This AD applies to The Boeing Company Model 737–700C, –800, and –900ER series airplanes, certificated in any category, as identified in Boeing Alert Requirements Bulletin 737–27A1312 RB, dated June 4, 2019. (2) Installation of Supplemental Type Certificate (STC) ST00830SE does not affect the ability to accomplish the actions required by this AD. Therefore, for airplanes on which STC ST00830SE 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 27, Flight Controls. (e) Unsafe Condition This AD was prompted by a report that certain main slat track assemblies were manufactured incorrectly and are affected by PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 26745 hydrogen embrittlement. The FAA is issuing this AD to address main slat track assemblies that have reduced strength due to hydrogen embrittlement. This condition, if not addressed, could result in failure of main slat track assemblies, which could cause the slat to depart and potentially strike the airplane, resulting in injury to airplane occupants and/ or preventing continued safe flight and landing. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Required Actions Except as specified by paragraph (h) of this AD: At the applicable times specified in the ‘‘Compliance’’ paragraph of Boeing Alert Requirements Bulletin 737–27A1312 RB, dated June 4, 2019, do all applicable actions identified in, and in accordance with, the Accomplishment Instructions of Boeing Alert Requirements Bulletin 737–27A1312 RB, dated June 4, 2019. Note 1 to paragraph (g): Guidance for accomplishing the actions required by this AD can be found in Boeing Alert Service Bulletin 737–27A1312, dated June 4, 2019, which is referred to in Boeing Alert Requirements Bulletin 737–27A1312 RB, dated June 4, 2019. (h) Exceptions to Service Information Specifications (1) For purposes of determining compliance with the requirements of this AD: Where Boeing Alert Requirements Bulletin 737–27A1312 RB, dated June 4, 2019, uses the phrase ‘‘the original issue date of Requirements Bulletin 737–27A1312 RB,’’ this AD requires using ‘‘the effective date of this AD.’’ (2) Boeing Alert Requirements Bulletin 737–27A1312 RB, dated June 4, 2019, specifies to report inspection results to Boeing within a certain compliance time. For this AD, the compliance time to report inspection results is at the applicable time specified in paragraph (h)(2)(i) or (h)(2)(ii) of this AD. (i) If the inspection was done on or after the effective date of this AD: Submit the report within 3 days after the inspection. (ii) If the inspection was done before the effective date of this AD: Submit the report within 3 days after the effective date of this AD. (3) Boeing Alert Requirements Bulletin 737–27A1312 RB, dated June 4, 2019, specifies to ship affected parts to Boeing within a certain compliance time if, during the inspection, it has been determined that any main slat track assembly has a suspect lot number or has a lot number that cannot be determined. For this AD, the compliance time for shipping affected parts to Boeing is at the applicable time specified in paragraph (h)(3)(i) or (h)(3)(ii) of this AD. (i) If the inspection was done on or after the effective date of this AD: Ship the affected part to Boeing within 30 days after removing the affected part. (ii) If the inspection was done before the effective date of this AD: Ship the affected E:\FR\FM\10JNR1.SGM 10JNR1 26746 Federal Register / Vol. 84, No. 111 / Monday, June 10, 2019 / Rules and Regulations part to Boeing within 30 days after the effective date of this AD. (4) Where ‘‘CONDITION 5’’ of Boeing Alert Requirements Bulletin 737–27A1312 RB, dated June 4, 2019, uses the phrase ‘‘suspect lot number cannot be determined,’’ or ‘‘suspect lot number that cannot be determined,’’ this AD requires using, ‘‘lot number cannot be determined,’’ or ‘‘lot number that cannot be determined;’’ respectively. (5) Where flag note (a) of Figure 5, Figure 6, Figure 7, and Figure 8, of Boeing Alert Requirements Bulletin 737–27A1312 RB, dated June 4, 2019, specifies ‘‘Only required if the main slat track assembly has a suspect lot number,’’ this AD requires using, ‘‘Only required if the main slat track assembly has a suspect lot number or a lot number that cannot be determined.’’ khammond on DSKBBV9HB2PROD with RULES (i) Paperwork Reduction Act Burden Statement A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2120–0056. Public reporting for this collection of information is estimated to be approximately 1 hour per response, including the time for reviewing instructions, completing and reviewing the collection of information. All responses to this collection of information are mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at: 800 Independence Ave. SW, Washington, DC 20591, Attn: Information Collection Clearance Officer, AES–200. (j) Alternative Methods of Compliance (AMOCs) (1) The Manager, Seattle 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: 9-ANMSeattle-ACO-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 Company Organization Designation Authorization (ODA) that has been authorized by the Manager, Seattle 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. VerDate Sep<11>2014 15:41 Jun 07, 2019 Jkt 247001 (k) Related Information For more information about this AD, contact Greg Rutar, Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206–231–3529; email: Greg.Rutar@faa.gov. (l) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) Boeing Alert Requirements Bulletin 737–27A1312 RB, dated June 4, 2019. (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 June 5, 2019. Michael Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2019–12221 Filed 6–7–19; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2018–1073; Airspace Docket No. 18–AEA–17] RIN 2120–AA66 Amendment of VOR Federal Airways V–8, V–92, V–214, and V–438 in the Vicinity of Grantsville, MD Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: This action modifies VHF Omnidirectional Range (VOR) Federal airways V–8, V–92, V–214, and V–438 due to the planned decommissioning of the Grantsville, MD, VOR/DME navigation aid which provides SUMMARY: PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 navigation guidance for segments of the routes. The Grantsville VOR/DME is being decommissioned as part of the FAA’s VOR Minimum Operational Network (MON) program. DATES: Effective date 0901 UTC, August 15, 2019. The Director of the Federal Register approves this incorporation by reference action under Title 1 Code of Federal Regulations part 51, subject to the annual revision of FAA Order 7400.11 and publication of conforming amendments. ADDRESSES: FAA Order 7400.11C, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at https://www.faa.gov/ air_traffic/publications/. For further information, you can contact the Airspace Policy Group, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267–8783. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of FAA Order 7400.11C at NARA, call (202) 741–6030, or go to https:// www.archives.gov/federal-register/cfr/ ibr-locations.html. FAA Order 7400.11, Airspace Designations and Reporting Points, is published yearly and effective on September 15. FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace Policy Group, Office of Airspace Services, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267–8783. SUPPLEMENTARY INFORMATION: Authority for This Rulemaking The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it modifies the National Airspace System as necessary to preserve the safe and efficient flow of air traffic. History The FAA published a notice of proposed rulemaking for Docket No. E:\FR\FM\10JNR1.SGM 10JNR1

Agencies

[Federal Register Volume 84, Number 111 (Monday, June 10, 2019)]
[Rules and Regulations]
[Pages 26743-26746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12221]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0409; Product Identifier 2019-NM-092-AD; Amendment 
39-19649; AD 2019-11-03]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting an airworthiness directive (AD) for 
certain The Boeing Company Model 737-700C, -800, and -900ER series 
airplanes. This AD requires a maintenance records check to determine if 
any main slat track assembly has been removed, an inspection of the 
main slat track assemblies for a suspect lot number or a lot number 
that cannot be determined, and applicable on-condition actions. This AD 
was prompted by a report that certain main slat track assemblies were 
manufactured incorrectly and are affected by hydrogen embrittlement. 
The FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective June 10, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 10, 
2019.
    The FAA must receive comments on this AD by July 25, 2019.

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 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. It 
is also available on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2019-0409.

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-2019-
0409; 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 street address for Docket 
Operations is listed above. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Greg Rutar, Aerospace Engineer, 
Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des 
Moines, WA 98198; phone and fax: 206-231-3529; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    The FAA has received a report from Boeing indicating that 148 main 
slat track assemblies from a set of lot numbers were manufactured 
incorrectly and are affected by hydrogen embrittlement. Main slat track 
assemblies that are affected by hydrogen embrittlement have reduced 
strength. After reviewing information within the report provided from 
Boeing, the FAA determined on May 22, 2019, that this condition, if not 
addressed, could result in failure of main slat track assemblies, which 
could cause the slat to depart and potentially strike the airplane, 
resulting in injury to airplane occupants and/or preventing continued 
safe flight and landing.

Other Relevant Potential Rulemaking

    The FAA has determined that the identified unsafe condition also 
exists on Boeing Model 737-8 and -9 (737 MAX) airplanes. Boeing is 
currently developing service information that will address the unsafe 
condition for these airplanes. Once this service information is 
developed, approved, and available, the FAA might consider additional 
rulemaking.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin 737-27A1312

[[Page 26744]]

RB, dated June 4, 2019. This service information describes procedures 
for a maintenance records check to determine if any main slat track 
assembly has been removed, an inspection of the main slat track 
assemblies for a suspect lot number or a lot number that cannot be 
determined, sending the inspection results to Boeing, and applicable 
on-condition actions. On-condition actions include replacing main slat 
track assemblies having a suspect lot number, or having a lot number 
that cannot be determined, with serviceable main slat track assemblies; 
shipping main slat track assemblies with suspect lot numbers or with 
lot numbers that cannot be determined to Boeing; and contacting Boeing 
to report if any main slat track assembly has been removed. 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

    The FAA is issuing this AD because the agency evaluated all the 
relevant information and determined the unsafe condition described 
previously is likely to exist or develop in other products of the same 
type design.

AD Requirements

    This AD requires accomplishment of the actions identified in Boeing 
Alert Requirements Bulletin 737-27A1312 RB, dated June 4, 2019, 
described previously, except for any differences identified as 
exceptions in the regulatory text of this AD.
    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-2019-0409.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies waiving notice and comment prior to adoption of this rule 
because main slat track assemblies that are affected by hydrogen 
embrittlement have reduced strength. This condition, if not addressed, 
could result in failure of main slat track assemblies, which could 
cause the slat to depart and potentially strike the airplane, resulting 
in injury to airplane occupants and/or preventing continued safe flight 
and landing. The compliance time for the required action that has been 
determined to adequately address the unsafe condition is shorter than 
the time necessary for the public to comment and for publication of the 
final rule. Therefore, the FAA finds good cause that notice and 
opportunity for prior public comment are impracticable. In addition, 
for the reasons stated above, the FAA finds that good cause exists for 
making this amendment effective in less than 30 days.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good 
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and 
comment. Because the FAA has determined that it has good cause to adopt 
this rule without notice and comment, RFA analysis is not required.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety and was not preceded by notice and an opportunity for public 
comment. However, the FAA invites you to send any written data, views, 
or arguments about this final rule. Send your comments to an address 
listed under the ADDRESSES section. Include the docket number FAA-2019-
0409 and Product Identifier 2019-NM-092-AD at the beginning of your 
comments. The FAA specifically invites comments on the overall 
regulatory, economic, environmental, and energy aspects of this final 
rule. The FAA will consider all comments received by the closing date 
and may amend this final rule because of those comments.
    The FAA will post all comments the agency receives, without change, 
to https://www.regulations.gov, including any personal information you 
provide. The FAA will also post a report summarizing each substantive 
verbal contact the agency receives about this final rule.

Costs of Compliance

    The FAA estimates that this AD affects 32 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Maintenance records check.............  1 work-hour x $85 per                 $0             $85          $2,720
                                         hour = $85.
Inspection............................  3 work-hours x $85 per                 0             255           8,160
                                         hour = $255.
Reporting.............................  1 work-hour x $85 per                  0              85           2,720
                                         hour = $85.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of the 
inspection. The FAA has no way of determining the number of aircraft 
that might need these on-condition actions:

                                      Estimated Costs of On-Condition Costs
----------------------------------------------------------------------------------------------------------------
               Action                      Labor cost                Parts cost             Cost per product
----------------------------------------------------------------------------------------------------------------
Replacement and shipping...........  Up to 54 work-hours x   Up to $82,680............  Up to $87,270.
                                      $85 per hour = Up to
                                      $4,590.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected individuals. The FAA does not control warranty coverage for 
affected individuals. As a result, the FAA has included all available 
known costs in our cost estimate.

[[Page 26745]]

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB control number. The control 
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in 
the Costs of Compliance section of this document and includes time for 
reviewing instructions, as well as completing and reviewing the 
collection of information. Therefore, all reporting associated with 
this AD is mandatory. Comments concerning the accuracy of this burden 
and suggestions for reducing the burden should be directed to the FAA 
at 800 Independence Ave. SW, Washington, DC 20591. ATTN: Information 
Collection Clearance Officer, AES-200.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation Programs'' 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.
    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, and
    (2) Will not affect intrastate aviation in Alaska.

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):

2019-11-03 The Boeing Company: Amendment 39-19649; Docket No. FAA-
2019-0409; Product Identifier 2019-NM-092-AD.

(a) Effective Date

    This AD is effective June 10, 2019.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to The Boeing Company Model 737-700C, -800, 
and -900ER series airplanes, certificated in any category, as 
identified in Boeing Alert Requirements Bulletin 737-27A1312 RB, 
dated June 4, 2019.
    (2) Installation of Supplemental Type Certificate (STC) 
ST00830SE does not affect the ability to accomplish the actions 
required by this AD. Therefore, for airplanes on which STC ST00830SE 
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 27, Flight 
Controls.

(e) Unsafe Condition

    This AD was prompted by a report that certain main slat track 
assemblies were manufactured incorrectly and are affected by 
hydrogen embrittlement. The FAA is issuing this AD to address main 
slat track assemblies that have reduced strength due to hydrogen 
embrittlement. This condition, if not addressed, could result in 
failure of main slat track assemblies, which could cause the slat to 
depart and potentially strike the airplane, resulting in injury to 
airplane occupants and/or preventing continued safe flight and 
landing.

(f) Compliance

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

(g) Required Actions

    Except as specified by paragraph (h) of this AD: At the 
applicable times specified in the ``Compliance'' paragraph of Boeing 
Alert Requirements Bulletin 737-27A1312 RB, dated June 4, 2019, do 
all applicable actions identified in, and in accordance with, the 
Accomplishment Instructions of Boeing Alert Requirements Bulletin 
737-27A1312 RB, dated June 4, 2019.

    Note 1 to paragraph (g): Guidance for accomplishing the actions 
required by this AD can be found in Boeing Alert Service Bulletin 
737-27A1312, dated June 4, 2019, which is referred to in Boeing 
Alert Requirements Bulletin 737-27A1312 RB, dated June 4, 2019.

(h) Exceptions to Service Information Specifications

    (1) For purposes of determining compliance with the requirements 
of this AD: Where Boeing Alert Requirements Bulletin 737-27A1312 RB, 
dated June 4, 2019, uses the phrase ``the original issue date of 
Requirements Bulletin 737-27A1312 RB,'' this AD requires using ``the 
effective date of this AD.''
    (2) Boeing Alert Requirements Bulletin 737-27A1312 RB, dated 
June 4, 2019, specifies to report inspection results to Boeing 
within a certain compliance time. For this AD, the compliance time 
to report inspection results is at the applicable time specified in 
paragraph (h)(2)(i) or (h)(2)(ii) of this AD.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 3 days after the inspection.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report within 3 days after the effective date of 
this AD.
    (3) Boeing Alert Requirements Bulletin 737-27A1312 RB, dated 
June 4, 2019, specifies to ship affected parts to Boeing within a 
certain compliance time if, during the inspection, it has been 
determined that any main slat track assembly has a suspect lot 
number or has a lot number that cannot be determined. For this AD, 
the compliance time for shipping affected parts to Boeing is at the 
applicable time specified in paragraph (h)(3)(i) or (h)(3)(ii) of 
this AD.
    (i) If the inspection was done on or after the effective date of 
this AD: Ship the affected part to Boeing within 30 days after 
removing the affected part.
    (ii) If the inspection was done before the effective date of 
this AD: Ship the affected

[[Page 26746]]

part to Boeing within 30 days after the effective date of this AD.
    (4) Where ``CONDITION 5'' of Boeing Alert Requirements Bulletin 
737-27A1312 RB, dated June 4, 2019, uses the phrase ``suspect lot 
number cannot be determined,'' or ``suspect lot number that cannot 
be determined,'' this AD requires using, ``lot number cannot be 
determined,'' or ``lot number that cannot be determined;'' 
respectively.
    (5) Where flag note (a) of Figure 5, Figure 6, Figure 7, and 
Figure 8, of Boeing Alert Requirements Bulletin 737-27A1312 RB, 
dated June 4, 2019, specifies ``Only required if the main slat track 
assembly has a suspect lot number,'' this AD requires using, ``Only 
required if the main slat track assembly has a suspect lot number or 
a lot number that cannot be determined.''

(i) Paperwork Reduction Act Burden Statement

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to a penalty 
for failure to comply with a collection of information subject to 
the requirements of the Paperwork Reduction Act unless that 
collection of information displays a current valid OMB Control 
Number. The OMB Control Number for this information collection is 
2120-0056. Public reporting for this collection of information is 
estimated to be approximately 1 hour per response, including the 
time for reviewing instructions, completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Comments concerning the accuracy of this 
burden and suggestions for reducing the burden should be directed to 
the FAA at: 800 Independence Ave. SW, Washington, DC 20591, Attn: 
Information Collection Clearance Officer, AES-200.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle 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: [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 Company Organization Designation 
Authorization (ODA) that has been authorized by the Manager, Seattle 
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.

(k) Related Information

    For more information about this AD, contact Greg Rutar, 
Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200 
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3529; 
email: [email protected].

(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 Requirements Bulletin 737-27A1312 RB, dated 
June 4, 2019.
    (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 June 5, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-12221 Filed 6-7-19; 8:45 am]
 BILLING CODE 4910-13-P