Airworthiness Directives; The Boeing Company Airplanes, 27193-27197 [2019-12322]

Download as PDF 27193 Rules and Regulations Federal Register Vol. 84, No. 113 Wednesday, June 12, 2019 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2018–0708; Product Identifier 2018–NM–072–AD; Amendment 39–19652; AD 2019–11–06] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: The FAA is adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737–600, –700, –700C, –800, –900, and –900ER series airplanes. This AD was prompted by reports of cracks in the skin and a certain chord at three fastener locations common to the drag link assembly at the chord. This AD requires repetitive inspections of the skin under the drag link assembly for any cracks, and applicable on-condition actions. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective July 17, 2019. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of July 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 jbell on DSK3GLQ082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:04 Jun 11, 2019 Jkt 247001 for and locating Docket No. FAA–2018– 0708. 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– 0708; 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 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: Alan Pohl, Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206– 231–3527; email: alan.pohl@faa.gov. SUPPLEMENTARY INFORMATION: Discussion The FAA 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 737–600, –700, –700C, –800, –900, and –900ER series airplanes. The NPRM published in the Federal Register on August 14, 2018 (83 FR 40159). The NPRM was prompted by reports of cracks in the skin and a certain chord at three fastener locations common to the drag link assembly at the chord. The NPRM proposed to require repetitive inspections of the skin under the drag link assembly for any cracks, and applicable on-condition actions. Comments The FAA 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. Support for the NPRM American Airlines stated its support for the NPRM. United Airlines stated that it has no technical objections to the NPRM. PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 Effect of Winglets on Accomplishment of the Proposed Actions Aviation Partners Boeing (APB) stated that accomplishing the Supplemental Type Certificate (STC) ST00830SE does not affect the ability to accomplish the actions specified in the proposed AD. The FAA concurs with the commenter. The FAA has redesignated paragraph (c) of the proposed AD as paragraph (c)(1) of this AD and added paragraph (c)(2) to this AD to state that installation of STC 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. Request To Revise Applicability Southwest Airlines (SWA) requested that paragraph (c) of the proposed AD be revised to include aircraft with APB STC ST00830SE installed, with either blended or split scimitar winglets. SWA noted that paragraph 1.F of Boeing Alert Service Bulletin 737–53A1368, dated February 27, 2018, addresses the approval statement that the service information is also approved for airplanes having FAA APB STC ST00830SE installed, not including any areas affected by the split scimitar winglet configuration. SWA pointed out that it operates aircraft with STC ST00830SE installed and it has determined the structure within the STC ST00830SE area is subject to the concern addressed by the service information. The FAA acknowledges the commenter’s request. APB has already stated that winglets installed per STC ST00830SE do not affect the ability to accomplish the actions required by this AD. In addition, after the NPRM comment period closed, the FAA contacted APB as a result of SWA’s comment and received additional confirmation that STC ST00830SE does not affect the ability to accomplish the actions of this AD. APB stated, ‘‘NPRM Docket FAA–2018–0708 was reviewed by APB for all configurations of STC ST00830SE, blended and split scimitar [winglets]. The APB comment of no impact is applicable to all configurations of STC ST00830SE.’’ As stated above, the FAA has added E:\FR\FM\12JNR1.SGM 12JNR1 27194 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Rules and Regulations jbell on DSK3GLQ082PROD with RULES paragraph (c)(2) to this AD to state that installation of STC ST00830SE does not affect the ability to accomplish the actions required by this AD. Request To Address Errors in the Service Information Alaska Airlines (ASA), Delta Airlines (DAL), SWA, and Skymark Airlines (SMA) pointed out multiple errors in Boeing Alert Service Bulletin 737– 53A1368, dated February 27, 2018. DAL noted two errors in the service information that they would like to see addressed in order to avoid noncompliance with the proposed AD and reduce confusion. ASA echoed DAL’s request to avoid non-compliance with the proposed AD by correcting the service information and pointed out one error within the service information, in addition to the ones noted by other commenters. SWA noted six errors within the service information and requested paragraph (h) of this proposed AD be revised to add exceptions to the service information. For one error, SWA noted that the post-repair instructions of the service information specify inspection standards that differ from established non-destructive test standards, and SWA requested paragraph (h) of this proposed AD be revised to include a provision allowing a deviation from the service information. SMA stated they have found errors in their initial review of the service information, which Boeing has acknowledged. SMA requested to delay the issuance of the final rule until a revision to Boeing Alert Service Bulletin 737– 53A1368 is released and can be incorporated into the final rule. SMA argued that they are obligated to prepare a work instruction document that corrects any errors in the service information and this method is not preferable to SMA for managing the accomplishment of the proposed AD. The FAA acknowledges the commenters’ concerns regarding the information in the service information that requires clarification or correction. In light of the critical nature of the identified unsafe condition, the FAA does not consider it appropriate to delay this final rule until new service information is available. In addition, the amount of clarification needed would be overly complex for inclusion in this AD. Therefore, the FAA has added paragraph (h)(3) to this AD, ‘‘Exceptions to Service Information Specifications,’’ to provide operators with information regarding how to address any actions in the service information that cannot be accomplished. The FAA has also revised paragraph (g) of this AD to VerDate Sep<11>2014 16:04 Jun 11, 2019 Jkt 247001 include a reference to paragraph (h)(3) of this AD. We anticipate that Boeing will publish a revision to Boeing Alert Service Bulletin 737–53A1368, dated February 27, 2018, to address known errors. The FAA will consider issuing a global AMOC to address known errors if the new revision is not published soon after the effective date of this AD. After the publication of the revision, the FAA will review the revision in consideration of an AMOC to this AD, or may consider future rulemaking action. Regarding SWA’s comment on postrepair and post-modification inspections, those inspections will not be required by this AD, as discussed in the response to the request below to exclude post-repair and postmodification inspections. Request To Exclude Post-Repair and Post-Modification Inspections Boeing and SWA requested that the proposed AD be revised to exclude the post-repair/post-modification inspection requirements specified in Boeing Alert Service Bulletin 737–53A1368, dated February 27, 2018, as AD-mandated actions. The commenters pointed to paragraph (j) of AD 2017–02–10, Amendment 39–18789 (82 FR 10258, February 10, 2017) (‘‘AD 2017–02–10’’) as an example of post-repair and postmodification inspections that are specified in the service information but are excepted by the AD. Note that the service information referenced in AD 2017–02–10 identified post-repair and post-modification inspection procedures, but the AD excepted those inspections because the inspections are airworthiness limitations and are required by maintenance and operational rules. Therefore, it was unnecessary to mandate them in AD 2017–02–10. The FAA agrees with the commenters’ requests for the reasons provided. The FAA infers that SWA meant to include in its comment a reference to Table 5 of paragraph 1.E, Compliance, of Boeing Alert Service Bulletin 737–53A1368, dated February 27, 2018. This table is associated with the Part 8 post-repair inspections of the Accomplishment Instructions. The FAA has added paragraph (h)(4) to exclude the postrepair and post-modification inspection requirements specified in Parts 8, 9, 10, and 11 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737–53A1368, dated February 27, 2018, as AD-mandated actions. The FAA has also revised paragraph (g) of this AD to include a reference to paragraph (h)(4) of this AD. PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 In addition, Parts 8, 9, 10, and 11 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737– 53A1368, dated February 27, 2018, were incorrectly labeled as required for compliance (RC). This will likely be corrected in a future revision to this service bulletin. Request To Include Optional Terminating Action SWA requested to add a paragraph that specifies an AMOC for the requirements of paragraph (g) of AD 2013–19–23, Amendment 39–17605 (78 FR 61173, October 3, 2013) (‘‘AD 2013– 19–23’’). SWA pointed out that the accomplishment of Part 4 or Part 5 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737– 53A1368, dated February 27, 2018, will prohibit the D626A001–9–01 inspection for Principal Structural Element (PSE) 53–30–02–4, as required by paragraph (g) of AD 2013–19–23. The FAA partially agrees with the commenter’s request. After the NPRM comment period closed, the FAA queried Boeing and confirmed that this repair should indeed be considered a method of compliance, as suggested by SWA. The FAA has added paragraph (j) to this AD to allow an optional terminating action for the inspections of PSE 53–30–02–4 required by the airworthiness limitations specified in paragraph (g) of AD 2013–19–23. The optional terminating action is the accomplishment of the actions specified in Part 4 or Part 5 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737–53A1368, dated February 27, 2018. The FAA has also revised paragraph (b) of this AD to reflect that this AD affects AD 2013–19– 23. Request To Add Inspection Condition of ‘‘No Crack Found’’ ASA noted that Tables 1, 2, and 3 of paragraph 1.E., ‘‘Compliance’’ of Boeing Alert Service Bulletin 737–53A1368, dated February 27, 2018, are missing Condition 1.3, which should provide instructions on how to proceed in the case that no crack is found during the specified inspection. ASA suggested using the same language found in Condition 2.3 of Tables 1, 2, and 3 of paragraph 1.E., ‘‘Compliance’’ of Boeing Alert Service Bulletin 737–53A1368, dated February 27, 2018. ASA reasoned that it requires clear and correct reference documents to develop accurate engineering documents and avoid noncompliance with the requirements of the AD. The FAA agrees with the commenter’s request for the reasons provided. There E:\FR\FM\12JNR1.SGM 12JNR1 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Rules and Regulations should also be a Condition 1.3 in the appropriate places in the Accomplishment Instructions as well as paragraph 1.E., Compliance. These issues have been coordinated with Boeing, and they have indicated that this will be addressed in a future revision to Boeing Alert Service Bulletin 737–53A1368, dated February 27, 2018. The FAA has added paragraph (h)(5) to this AD to provide instructions regarding how to proceed if no crack is found upon accomplishment of Part 3 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737– 53A1368, dated February 27, 2018. The FAA has also revised paragraph (g) of this AD to include a reference to paragraph (h)(5) of this AD. repairs have been encountered during the service history of Boeing Special Attention Service Bulletin 737–53– 1294, Revision 2, dated December 9, 2015, which is referred to as the appropriate source of service information for accomplishing the required actions specified in AD 2017– 02–10. For some repairs required by this AD, an AMOC approved for AD 2017– 02–10 would also be suitable for this AD. However, this is not the case for all types of repairs, and therefore, all AMOCs previously approved for AD 2017–02–10 cannot be approved for this AD. This AD has not been changed in this regard. Request To Approve AMOCs for AD 2017–02–10 Boeing requested to add a paragraph to the proposed AD titled ‘‘Material Incorporated by Reference,’’ stating that this paragraph is missing. For clarification, the paragraph titled ‘‘Material Incorporated by Reference’’ is not currently included in NPRMs, but is included in all final rule ADs. ASA requested to revise the proposed AD to include AMOCs previously approved for AD 2017–02–10. ASA pointed out that during their accomplishment of AD 2017–02–10, they completed repairs in the same area as specified in Boeing Alert Service Bulletin 737–53A1368, dated February 27, 2018. The FAA does not agree with the request to allow AMOCs previously approved for AD 2017–02–10 to be approved for this AD. After the NPRM comment period closed, the FAA coordinated this issue with Boeing. Boeing indicated that different types of Request To Add Material Incorporated by Reference Paragraph Conclusion The FAA 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. The FAA has determined that these minor changes: 27195 • 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. The FAA 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 The FAA reviewed Boeing Alert Service Bulletin 737–53A1368, dated February 27, 2018. This service information describes procedures for an ultrasonic inspection of the skin under the drag link assembly and repair for any cracks; repetitive inspections for any cracks, including ultrasonic inspections, high frequency eddy current (HFEC) inspections, low frequency eddy current (LFEC) inspections, and detailed inspections; and a preventive modification if no crack is found. 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 The FAA estimates that this AD affects 1,664 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: ESTIMATED COSTS FOR REQUIRED ACTIONS Action Labor cost Parts cost Cost per product Inspection ............................... 28 work-hours × $85 per hour = $2,380 per inspection cycle. $0 $2,380 per inspection cycle ... The FAA estimates the following costs to do any necessary on-condition actions that would be required. The FAA has no way of determining the Cost on U.S. operators $3,960,320 per inspection cycle. number of aircraft that might need these on-condition actions: ESTIMATED COSTS OF ON-CONDITION ACTIONS Labor cost Parts cost Up to 56 work-hours × $85 per hour = $4,760 .................................................................................................... $24,020 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. VerDate Sep<11>2014 16:04 Jun 11, 2019 Jkt 247001 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. PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 Cost per product Up to $28,780. 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 E:\FR\FM\12JNR1.SGM 12JNR1 27196 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Rules and Regulations 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) Will not affect intrastate aviation in Alaska, and (3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. 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): ■ 2019–11–06 The Boeing Company: Amendment 39–19652; Docket No. FAA–2018–0708; Product Identifier 2018–NM–072–AD. jbell on DSK3GLQ082PROD with RULES (a) Effective Date This AD is effective July 17, 2019. (b) Affected ADs This AD affects AD 2013–19–23, Amendment 39–17605 (78 FR 61173, October 3, 2013) (‘‘AD 2013–19–23’’). (c) Applicability (1) This AD applies to The Boeing Company Model 737–600, –700, –700C, –800, –900, and –900ER series airplanes, VerDate Sep<11>2014 16:04 Jun 11, 2019 Jkt 247001 certificated in any category, as identified in Boeing Alert Service Bulletin 737–53A1368, dated February 27, 2018. (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 53, Fuselage. (e) Unsafe Condition This AD was prompted by reports of cracks in the skin and the station (STA) 540 bulkhead chord at the three fastener locations common to the drag link assembly at the STA 540 bulkhead chord. The FAA is issuing this AD to address cracking in the STA 540 bulkhead chord or skin, which could result in the inability of a primary structural element to sustain limit load. This condition, if not addressed, could result in possible rapid decompression and loss of structural integrity of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Required Actions Except as required by paragraphs (h)(1) through (h)(5) of this AD: At the applicable times specified in paragraph 1.E., ‘‘Compliance,’’ of Boeing Alert Service Bulletin 737–53A1368, dated February 27, 2018, do all applicable actions identified as ‘‘RC’’ (required for compliance) in, and in accordance with, the Accomplishment Instructions of Boeing Alert Service Bulletin 737–53A1368, dated February 27, 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– 53A1368, dated February 27, 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 737–53A1368, dated February 27, 2018, specifies contacting Boeing: This AD requires repair before further flight using a method approved in accordance with the procedures specified in paragraph (k) of this AD. (3) If any action(s) identified as RC in Boeing Alert Service Bulletin 737–53A1368, dated February 27, 2018, cannot be accomplished as specified therein, those action(s) must be accomplished using a method approved in accordance with the procedures specified in paragraph (k) of this AD. (4) Parts 8, 9, 10, and 11 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737–53A1368, dated February 27, 2018, specify post-repair/ modification airworthiness limitation inspections in compliance with 14 CFR PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 25.571(a)(3) at the repaired/modified locations to support compliance with 14 CFR 121.1109(c)(2) or 129.109(b)(2). Although Parts 8, 9, 10, and 11 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737–53A1368, dated February 27, 2018, are identified as RC, this AD does not require accomplishment of Parts 8, 9, 10, and 11 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737–53A1368, dated February 27, 2018. As airworthiness limitations, these inspections are required by maintenance and operational rules. It is therefore unnecessary to mandate them in this AD. Deviations from these inspections require FAA approval, but do not require approval of an AMOC. (5) For airplanes on which any crack is found during any Part 2 inspection specified in Boeing Alert Service Bulletin 737– 53A1368, dated February 27, 2018, and no crack is found during the Part 3 inspection specified in the Accomplishment Instructions of Boeing Alert Service Bulletin 737–53A1368, dated February 27, 2018: Before further flight, do the preventative modification specified in Part 5 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737–53A1368, dated February 27, 2018, on each side of the airplane on which no crack was found during the Part 3 inspection. (i) Optional Terminating Action for Repetitive Inspections (1) Accomplishment of the repair in accordance with Part 4 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737–53A1368, dated February 27, 2018, terminates the repetitive inspections specified in Part 2 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737–53A1368, dated February 27, 2018, on the side of the airplane on which the repair was done, as required by paragraph (g) of this AD. (2) Accomplishment of the preventive modification in accordance with Part 5 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737–53A1368, dated February 27, 2018, terminates the repetitive inspections specified in Part 2 or Part 6, as applicable, of the Accomplishment Instructions of Boeing Alert Service Bulletin 737–53A1368, dated February 27, 2018, on the side of the airplane on which the preventive modification was done, as required by paragraph (g) of this AD. (j) Optional Terminating Action for Certain Requirements of AD 2013–19–23 Accomplishment of the repair specified in Part 4 or the modification specified in Part 5 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737–53A1368, dated February 27, 2018, terminates the repetitive inspections specified in the airworthiness limitations required by paragraph (g) of AD 2013–19–23 for Principal Structural Element (PSE) 53–30–02–4 on the side of the airplane on which the repair or modification was done. (k) Alternative Methods of Compliance (AMOCs) (1) The Manager, Seattle ACO Branch, FAA, has the authority to approve AMOCs E:\FR\FM\12JNR1.SGM 12JNR1 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Rules and Regulations 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) 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 Commercial Airplanes Organization Designation Authorization (ODA) that has been authorized by the Manager, Seattle ACO Branch, to make those findings. To be approved, the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane, and the approval must specifically refer to this AD. (4) Except as specified in paragraphs (h)(2) through (h)(5) 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. jbell on DSK3GLQ082PROD with RULES (l) Related Information For more information about this AD, contact Alan Pohl, Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206–231–3527; email: alan.pohl@faa.gov. (m) 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– 53A1368, dated February 27, 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. VerDate Sep<11>2014 16:04 Jun 11, 2019 Jkt 247001 (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/federalregister/cfr/ibr-locations.html. Issued in Des Moines, Washington, on May 29, 2019. Michael Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2019–12322 Filed 6–11–19; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF COMMERCE Bureau of Economic Analysis 15 CFR Part 801 [190225160–9484–01] RIN 0691–AA88 International Services Surveys: BE– 140 Benchmark Survey of Insurance Transactions by U.S. Insurance Companies With Foreign Persons Bureau of Economic Analysis, Commerce. ACTION: Final rule. AGENCY: This final rule amends regulations of the Department of Commerce’s Bureau of Economic Analysis (BEA) to renew the reporting requirements for the mandatory BE–140 Benchmark Survey of Insurance Transactions by U.S. Insurance Companies with Foreign Persons. This survey applies to the 2018 calendar reporting year. This mandatory benchmark survey, conducted under the authority of the International Investment and Trade in Services Survey Act, covers the universe of transactions in insurance services and is BEA’s most comprehensive survey of such transactions. For the 2018 benchmark survey, BEA is making several changes to the data items collected and the design of the survey form. DATES: This final rule is effective July 12, 2019. FOR FURTHER INFORMATION CONTACT: Christopher Stein, Chief, Services Surveys Branch (BE–50), Balance of Payments Division, Bureau of Economic Analysis, U.S. Department of Commerce, 4600 Silver Hill Rd., Washington, DC 20233; phone (301) SUMMARY: PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 27197 278–9189; or via email at Christopher.Stein@bea.gov. On March 26, 2019, BEA published a notice of proposed rulemaking that set forth the revised reporting criteria for the BE–140 Benchmark Survey of Insurance Transactions by U.S. Insurance Companies with Foreign Persons (84 FR 11256). No comments on the proposed rule were received. This final rule amends 15 CFR part 801 to set forth the reporting requirements for the BE–140 Benchmark Survey of Insurance Transactions by U.S. Insurance Companies with Foreign Persons for 2018. The BE–140 Benchmark Survey of Insurance Transactions by U.S. Insurance Companies with Foreign Persons is a mandatory survey and is conducted once every five years by BEA under the authority provided by the International Investment and Trade in Services Survey Act (P.L.94–472, 90 Stat. 2059, 22 U.S.C. 3101–3108, as amended), hereinafter, ‘‘the Act.’’ The Act provides that data reported to BEA on this survey are confidential and may be used only for analytical and statistical purposes. Without prior written permission from the survey respondent, the data collected cannot be presented in a manner that allows individual responses to be identified. An individual respondent’s report cannot be used for purposes of taxation, investigation, or regulation. Copies retained by BEA are exempt from legal process. Per the Cybersecurity Enhancement Act of 2015, a respondent’s data are protected from cybersecurity risks through security monitoring of the BEA information systems. A response is required from persons subject to the reporting requirements of the BE–140, whether or not they are contacted by BEA, to ensure complete coverage of transactions in insurance services between U.S. persons (any individual or organization subject to the jurisdiction of the United States) and foreign persons. In 2012, BEA established regulatory guidelines for collecting data on international trade in services and direct investment (77 FR 24373; April 24, 2012). This final rule, conducted pursuant to the Act, amends those regulations to require a response from persons subject to the reporting requirements of the BE–140, whether or not they are contacted by BEA. The benchmark survey covers the universe of insurance transactions by U.S. insurance companies with foreign persons and is BEA’s most SUPPLEMENTARY INFORMATION: E:\FR\FM\12JNR1.SGM 12JNR1

Agencies

[Federal Register Volume 84, Number 113 (Wednesday, June 12, 2019)]
[Rules and Regulations]
[Pages 27193-27197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12322]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

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Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / 
Rules and Regulations

[[Page 27193]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0708; Product Identifier 2018-NM-072-AD; Amendment 
39-19652; AD 2019-11-06]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain The Boeing Company Model 737-600, -700, -700C, -800, -900, and 
-900ER series airplanes. This AD was prompted by reports of cracks in 
the skin and a certain chord at three fastener locations common to the 
drag link assembly at the chord. This AD requires repetitive 
inspections of the skin under the drag link assembly for any cracks, 
and applicable on-condition actions. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective July 17, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 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-
0708.

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-
0708; 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 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: Alan Pohl, Aerospace Engineer, 
Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des 
Moines, WA 98198; phone and fax: 206-231-3527; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA 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 737-600, -700, -700C, -800, -900, and -900ER series 
airplanes. The NPRM published in the Federal Register on August 14, 
2018 (83 FR 40159). The NPRM was prompted by reports of cracks in the 
skin and a certain chord at three fastener locations common to the drag 
link assembly at the chord. The NPRM proposed to require repetitive 
inspections of the skin under the drag link assembly for any cracks, 
and applicable on-condition actions.

Comments

    The FAA 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.

Support for the NPRM

    American Airlines stated its support for the NPRM. United Airlines 
stated that it has no technical objections to the NPRM.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing (APB) stated that accomplishing the 
Supplemental Type Certificate (STC) ST00830SE does not affect the 
ability to accomplish the actions specified in the proposed AD.
    The FAA concurs with the commenter. The FAA has redesignated 
paragraph (c) of the proposed AD as paragraph (c)(1) of this AD and 
added paragraph (c)(2) to this AD to state that installation of STC 
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.

Request To Revise Applicability

    Southwest Airlines (SWA) requested that paragraph (c) of the 
proposed AD be revised to include aircraft with APB STC ST00830SE 
installed, with either blended or split scimitar winglets. SWA noted 
that paragraph 1.F of Boeing Alert Service Bulletin 737-53A1368, dated 
February 27, 2018, addresses the approval statement that the service 
information is also approved for airplanes having FAA APB STC ST00830SE 
installed, not including any areas affected by the split scimitar 
winglet configuration. SWA pointed out that it operates aircraft with 
STC ST00830SE installed and it has determined the structure within the 
STC ST00830SE area is subject to the concern addressed by the service 
information.
    The FAA acknowledges the commenter's request. APB has already 
stated that winglets installed per STC ST00830SE do not affect the 
ability to accomplish the actions required by this AD. In addition, 
after the NPRM comment period closed, the FAA contacted APB as a result 
of SWA's comment and received additional confirmation that STC 
ST00830SE does not affect the ability to accomplish the actions of this 
AD. APB stated, ``NPRM Docket FAA-2018-0708 was reviewed by APB for all 
configurations of STC ST00830SE, blended and split scimitar [winglets]. 
The APB comment of no impact is applicable to all configurations of STC 
ST00830SE.'' As stated above, the FAA has added

[[Page 27194]]

paragraph (c)(2) to this AD to state that installation of STC ST00830SE 
does not affect the ability to accomplish the actions required by this 
AD.

Request To Address Errors in the Service Information

    Alaska Airlines (ASA), Delta Airlines (DAL), SWA, and Skymark 
Airlines (SMA) pointed out multiple errors in Boeing Alert Service 
Bulletin 737-53A1368, dated February 27, 2018. DAL noted two errors in 
the service information that they would like to see addressed in order 
to avoid non-compliance with the proposed AD and reduce confusion. ASA 
echoed DAL's request to avoid non-compliance with the proposed AD by 
correcting the service information and pointed out one error within the 
service information, in addition to the ones noted by other commenters. 
SWA noted six errors within the service information and requested 
paragraph (h) of this proposed AD be revised to add exceptions to the 
service information. For one error, SWA noted that the post-repair 
instructions of the service information specify inspection standards 
that differ from established non-destructive test standards, and SWA 
requested paragraph (h) of this proposed AD be revised to include a 
provision allowing a deviation from the service information. SMA stated 
they have found errors in their initial review of the service 
information, which Boeing has acknowledged.
    SMA requested to delay the issuance of the final rule until a 
revision to Boeing Alert Service Bulletin 737-53A1368 is released and 
can be incorporated into the final rule. SMA argued that they are 
obligated to prepare a work instruction document that corrects any 
errors in the service information and this method is not preferable to 
SMA for managing the accomplishment of the proposed AD.
    The FAA acknowledges the commenters' concerns regarding the 
information in the service information that requires clarification or 
correction. In light of the critical nature of the identified unsafe 
condition, the FAA does not consider it appropriate to delay this final 
rule until new service information is available. In addition, the 
amount of clarification needed would be overly complex for inclusion in 
this AD. Therefore, the FAA has added paragraph (h)(3) to this AD, 
``Exceptions to Service Information Specifications,'' to provide 
operators with information regarding how to address any actions in the 
service information that cannot be accomplished. The FAA has also 
revised paragraph (g) of this AD to include a reference to paragraph 
(h)(3) of this AD.
    We anticipate that Boeing will publish a revision to Boeing Alert 
Service Bulletin 737-53A1368, dated February 27, 2018, to address known 
errors. The FAA will consider issuing a global AMOC to address known 
errors if the new revision is not published soon after the effective 
date of this AD. After the publication of the revision, the FAA will 
review the revision in consideration of an AMOC to this AD, or may 
consider future rulemaking action.
    Regarding SWA's comment on post-repair and post-modification 
inspections, those inspections will not be required by this AD, as 
discussed in the response to the request below to exclude post-repair 
and post-modification inspections.

Request To Exclude Post-Repair and Post-Modification Inspections

    Boeing and SWA requested that the proposed AD be revised to exclude 
the post-repair/post-modification inspection requirements specified in 
Boeing Alert Service Bulletin 737-53A1368, dated February 27, 2018, as 
AD-mandated actions. The commenters pointed to paragraph (j) of AD 
2017-02-10, Amendment 39-18789 (82 FR 10258, February 10, 2017) (``AD 
2017-02-10'') as an example of post-repair and post-modification 
inspections that are specified in the service information but are 
excepted by the AD.
    Note that the service information referenced in AD 2017-02-10 
identified post-repair and post-modification inspection procedures, but 
the AD excepted those inspections because the inspections are 
airworthiness limitations and are required by maintenance and 
operational rules. Therefore, it was unnecessary to mandate them in AD 
2017-02-10.
    The FAA agrees with the commenters' requests for the reasons 
provided. The FAA infers that SWA meant to include in its comment a 
reference to Table 5 of paragraph 1.E, Compliance, of Boeing Alert 
Service Bulletin 737-53A1368, dated February 27, 2018. This table is 
associated with the Part 8 post-repair inspections of the 
Accomplishment Instructions. The FAA has added paragraph (h)(4) to 
exclude the post-repair and post-modification inspection requirements 
specified in Parts 8, 9, 10, and 11 of the Accomplishment Instructions 
of Boeing Alert Service Bulletin 737-53A1368, dated February 27, 2018, 
as AD-mandated actions. The FAA has also revised paragraph (g) of this 
AD to include a reference to paragraph (h)(4) of this AD.
    In addition, Parts 8, 9, 10, and 11 of the Accomplishment 
Instructions of Boeing Alert Service Bulletin 737-53A1368, dated 
February 27, 2018, were incorrectly labeled as required for compliance 
(RC). This will likely be corrected in a future revision to this 
service bulletin.

Request To Include Optional Terminating Action

    SWA requested to add a paragraph that specifies an AMOC for the 
requirements of paragraph (g) of AD 2013-19-23, Amendment 39-17605 (78 
FR 61173, October 3, 2013) (``AD 2013-19-23''). SWA pointed out that 
the accomplishment of Part 4 or Part 5 of the Accomplishment 
Instructions of Boeing Alert Service Bulletin 737-53A1368, dated 
February 27, 2018, will prohibit the D626A001-9-01 inspection for 
Principal Structural Element (PSE) 53-30-02-4, as required by paragraph 
(g) of AD 2013-19-23.
    The FAA partially agrees with the commenter's request. After the 
NPRM comment period closed, the FAA queried Boeing and confirmed that 
this repair should indeed be considered a method of compliance, as 
suggested by SWA. The FAA has added paragraph (j) to this AD to allow 
an optional terminating action for the inspections of PSE 53-30-02-4 
required by the airworthiness limitations specified in paragraph (g) of 
AD 2013-19-23. The optional terminating action is the accomplishment of 
the actions specified in Part 4 or Part 5 of the Accomplishment 
Instructions of Boeing Alert Service Bulletin 737-53A1368, dated 
February 27, 2018. The FAA has also revised paragraph (b) of this AD to 
reflect that this AD affects AD 2013-19-23.

Request To Add Inspection Condition of ``No Crack Found''

    ASA noted that Tables 1, 2, and 3 of paragraph 1.E., ``Compliance'' 
of Boeing Alert Service Bulletin 737-53A1368, dated February 27, 2018, 
are missing Condition 1.3, which should provide instructions on how to 
proceed in the case that no crack is found during the specified 
inspection. ASA suggested using the same language found in Condition 
2.3 of Tables 1, 2, and 3 of paragraph 1.E., ``Compliance'' of Boeing 
Alert Service Bulletin 737-53A1368, dated February 27, 2018. ASA 
reasoned that it requires clear and correct reference documents to 
develop accurate engineering documents and avoid noncompliance with the 
requirements of the AD.
    The FAA agrees with the commenter's request for the reasons 
provided. There

[[Page 27195]]

should also be a Condition 1.3 in the appropriate places in the 
Accomplishment Instructions as well as paragraph 1.E., Compliance. 
These issues have been coordinated with Boeing, and they have indicated 
that this will be addressed in a future revision to Boeing Alert 
Service Bulletin 737-53A1368, dated February 27, 2018. The FAA has 
added paragraph (h)(5) to this AD to provide instructions regarding how 
to proceed if no crack is found upon accomplishment of Part 3 of the 
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
53A1368, dated February 27, 2018. The FAA has also revised paragraph 
(g) of this AD to include a reference to paragraph (h)(5) of this AD.

Request To Approve AMOCs for AD 2017-02-10

    ASA requested to revise the proposed AD to include AMOCs previously 
approved for AD 2017-02-10. ASA pointed out that during their 
accomplishment of AD 2017-02-10, they completed repairs in the same 
area as specified in Boeing Alert Service Bulletin 737-53A1368, dated 
February 27, 2018.
    The FAA does not agree with the request to allow AMOCs previously 
approved for AD 2017-02-10 to be approved for this AD. After the NPRM 
comment period closed, the FAA coordinated this issue with Boeing. 
Boeing indicated that different types of repairs have been encountered 
during the service history of Boeing Special Attention Service Bulletin 
737-53-1294, Revision 2, dated December 9, 2015, which is referred to 
as the appropriate source of service information for accomplishing the 
required actions specified in AD 2017-02-10. For some repairs required 
by this AD, an AMOC approved for AD 2017-02-10 would also be suitable 
for this AD. However, this is not the case for all types of repairs, 
and therefore, all AMOCs previously approved for AD 2017-02-10 cannot 
be approved for this AD. This AD has not been changed in this regard.

Request To Add Material Incorporated by Reference Paragraph

    Boeing requested to add a paragraph to the proposed AD titled 
``Material Incorporated by Reference,'' stating that this paragraph is 
missing.
    For clarification, the paragraph titled ``Material Incorporated by 
Reference'' is not currently included in NPRMs, but is included in all 
final rule ADs.

Conclusion

    The FAA 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. The FAA has 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.
    The FAA 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

    The FAA reviewed Boeing Alert Service Bulletin 737-53A1368, dated 
February 27, 2018. This service information describes procedures for an 
ultrasonic inspection of the skin under the drag link assembly and 
repair for any cracks; repetitive inspections for any cracks, including 
ultrasonic inspections, high frequency eddy current (HFEC) inspections, 
low frequency eddy current (LFEC) inspections, and detailed 
inspections; and a preventive modification if no crack is found. 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

    The FAA estimates that this AD affects 1,664 airplanes of U.S. 
registry. The FAA estimates 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
----------------------------------------------------------------------------------------------------------------
Inspection......................  28 work-hours x $85              $0   $2,380 per           $3,960,320 per
                                   per hour = $2,380                     inspection cycle.    inspection cycle.
                                   per inspection
                                   cycle.
----------------------------------------------------------------------------------------------------------------

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

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
           Labor cost               Parts cost       Cost per product
------------------------------------------------------------------------
Up to 56 work-hours x $85 per           $24,020   Up to $28,780.
 hour = $4,760.
------------------------------------------------------------------------

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

[[Page 27196]]

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) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

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):

2019-11-06 The Boeing Company: Amendment 39-19652; Docket No. FAA-
2018-0708; Product Identifier 2018-NM-072-AD.

(a) Effective Date

    This AD is effective July 17, 2019.

(b) Affected ADs

    This AD affects AD 2013-19-23, Amendment 39-17605 (78 FR 61173, 
October 3, 2013) (``AD 2013-19-23'').

(c) Applicability

    (1) This AD applies to The Boeing Company Model 737-600, -700, -
700C, -800, -900, and -900ER series airplanes, certificated in any 
category, as identified in Boeing Alert Service Bulletin 737-
53A1368, dated February 27, 2018.
    (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 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by reports of cracks in the skin and the 
station (STA) 540 bulkhead chord at the three fastener locations 
common to the drag link assembly at the STA 540 bulkhead chord. The 
FAA is issuing this AD to address cracking in the STA 540 bulkhead 
chord or skin, which could result in the inability of a primary 
structural element to sustain limit load. This condition, if not 
addressed, could result in possible rapid decompression and loss of 
structural integrity of the airplane.

(f) Compliance

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

(g) Required Actions

    Except as required by paragraphs (h)(1) through (h)(5) of this 
AD: At the applicable times specified in paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 737-53A1368, dated 
February 27, 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-
53A1368, dated February 27, 2018.

(h) Exceptions to Service Information Specifications

    (1) For purposes of determining compliance with the requirements 
of this AD: Where Boeing Alert Service Bulletin 737-53A1368, dated 
February 27, 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 737-53A1368, dated 
February 27, 2018, specifies contacting Boeing: This AD requires 
repair before further flight using a method approved in accordance 
with the procedures specified in paragraph (k) of this AD.
    (3) If any action(s) identified as RC in Boeing Alert Service 
Bulletin 737-53A1368, dated February 27, 2018, cannot be 
accomplished as specified therein, those action(s) must be 
accomplished using a method approved in accordance with the 
procedures specified in paragraph (k) of this AD.
    (4) Parts 8, 9, 10, and 11 of the Accomplishment Instructions of 
Boeing Alert Service Bulletin 737-53A1368, dated February 27, 2018, 
specify post-repair/modification airworthiness limitation 
inspections in compliance with 14 CFR 25.571(a)(3) at the repaired/
modified locations to support compliance with 14 CFR 121.1109(c)(2) 
or 129.109(b)(2). Although Parts 8, 9, 10, and 11 of the 
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
53A1368, dated February 27, 2018, are identified as RC, this AD does 
not require accomplishment of Parts 8, 9, 10, and 11 of the 
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
53A1368, dated February 27, 2018. As airworthiness limitations, 
these inspections are required by maintenance and operational rules. 
It is therefore unnecessary to mandate them in this AD. Deviations 
from these inspections require FAA approval, but do not require 
approval of an AMOC.
    (5) For airplanes on which any crack is found during any Part 2 
inspection specified in Boeing Alert Service Bulletin 737-53A1368, 
dated February 27, 2018, and no crack is found during the Part 3 
inspection specified in the Accomplishment Instructions of Boeing 
Alert Service Bulletin 737-53A1368, dated February 27, 2018: Before 
further flight, do the preventative modification specified in Part 5 
of the Accomplishment Instructions of Boeing Alert Service Bulletin 
737-53A1368, dated February 27, 2018, on each side of the airplane 
on which no crack was found during the Part 3 inspection.

(i) Optional Terminating Action for Repetitive Inspections

    (1) Accomplishment of the repair in accordance with Part 4 of 
the Accomplishment Instructions of Boeing Alert Service Bulletin 
737-53A1368, dated February 27, 2018, terminates the repetitive 
inspections specified in Part 2 of the Accomplishment Instructions 
of Boeing Alert Service Bulletin 737-53A1368, dated February 27, 
2018, on the side of the airplane on which the repair was done, as 
required by paragraph (g) of this AD.
    (2) Accomplishment of the preventive modification in accordance 
with Part 5 of the Accomplishment Instructions of Boeing Alert 
Service Bulletin 737-53A1368, dated February 27, 2018, terminates 
the repetitive inspections specified in Part 2 or Part 6, as 
applicable, of the Accomplishment Instructions of Boeing Alert 
Service Bulletin 737-53A1368, dated February 27, 2018, on the side 
of the airplane on which the preventive modification was done, as 
required by paragraph (g) of this AD.

(j) Optional Terminating Action for Certain Requirements of AD 2013-19-
23

    Accomplishment of the repair specified in Part 4 or the 
modification specified in Part 5 of the Accomplishment Instructions 
of Boeing Alert Service Bulletin 737-53A1368, dated February 27, 
2018, terminates the repetitive inspections specified in the 
airworthiness limitations required by paragraph (g) of AD 2013-19-23 
for Principal Structural Element (PSE) 53-30-02-4 on the side of the 
airplane on which the repair or modification was done.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to 
approve AMOCs

[[Page 27197]]

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) 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, Seattle ACO Branch, to make those findings. To be approved, 
the repair method, modification deviation, or alteration deviation 
must meet the certification basis of the airplane, and the approval 
must specifically refer to this AD.
    (4) Except as specified in paragraphs (h)(2) through (h)(5) 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

    For more information about this AD, contact Alan Pohl, Aerospace 
Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200 South 
216th St., Des Moines, WA 98198; phone and fax: 206-231-3527; email: 
[email protected].

(m) 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 737-53A1368, dated February 
27, 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 29, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-12322 Filed 6-11-19; 8:45 am]
BILLING CODE 4910-13-P