Airworthiness Directives; The Boeing Company Airplanes, 6107-6110 [2020-02016]
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Federal Register / Vol. 85, No. 23 / Tuesday, February 4, 2020 / Proposed Rules
III. Compliance With Executive Orders
12866, 13771, 12988, and 13132, the
Paperwork Reduction Act (44 U.S.C.,
Ch. 35), and the Regulatory Flexibility
Act (5 U.S.C. 601–612)
khammond on DSKJM1Z7X2PROD with PROPOSALS
A. Executive Order 12866
The Office of Management and Budget
(OMB) has determined that this rule
does not constitute a significant
regulatory action for purposes of
Executive Order 12866 and is not a
major rule under the Congressional
Review Act, 5 U.S.C. 801, et seq.
B. Executive Order 13771
This proposed rule is expected to be
an Executive Order 13771 deregulatory
action with an annualized net savings of
$29,731 and a net present value of
$424,722, both in 2016 dollars.
The four regulations in the SDVO
program are either unnecessary or
redundant. Their removal will assist the
public by simplifying the SBA’s
regulations in the CFR and reduce the
time spent reviewing them. The cost
saving calculation assumes 2 percent of
the 21,750 SDVO small businesses per
year (or about 435) will save 30 minutes
from not reading this removed
information. This time is valued at a
rate of $75.57 per hour—the wage of an
attorney according to 2018 Bureau of
Labor Statistics (BLS) data adding 30
percent more for benefits. This produces
savings to SDVO small businesses per
year of $16,436 in current dollars.
The cost savings also includes a
savings to the government, assuming
that 2 percent of the 38,000 Federal
contracting officers per year (or about
760) will save 30 minutes from not
reading this removed information. This
time is valued at a rate of $54.21—
assuming the average Federal
contracting officer is a GS–12 step 1 (DC
locality) and adding 30 percent more for
benefits, for savings of $20,600. This
produces total savings per year of
$37,036 in current dollars.
In the first year, it is assumed that 5
percent of SDVO small businesses
(about 1,088) and 5 percent of Federal
contracting officers (about 1,900) would
read this Federal Register proposed rule
which is estimated to take 30 minutes
per SDVO small business at $75.57 per
hour and $54.21 per hour per Federal
contracting officer, producing cost in
the first year of $92,591 ($41,091 for
SDVO small businesses and $51,500 for
the Federal Government). This cost is
not expected to continue in subsequent
years.
Table 1 displays the costs and savings
of this rule over the first 2 years it is
published, with the savings and costs in
the second year expected to continue
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into perpetuity. Table 2 presents the
annualized net savings in 2016 dollars.
There are approximately 21,750
SDVO small businesses and all can be
affected by this rule. However, this rule
TABLE 1—SCHEDULE OF COSTS/(SAV- would remove regulations that are
INGS) OVER 2 YEAR HORIZON, CUR- unnecessary or redundant, saving these
entities time in reading the regulations.
RENT DOLLARS
The annualized net savings to SDVO
small businesses is $13,748 in current
Savings
Costs
dollars, or less than a dollar per SDVO
Year 1 .. 598 hours ......... 1,494 hours.
small business, as detailed in the
($37,036) ......... $92,591.
Executive Order 13771 discussion
Year 2 .. 598 hours ......... 0 hours.
above.
($37,036) ......... $0.
Accordingly, the Administrator of
SBA hereby certifies that this rule will
TABLE 2—ANNUALIZED SAVINGS IN
not have a significant economic impact
PERPETUITY WITH 7% DISCOUNT on a substantial number of small
entities. SBA invites comment from the
RATE, 2016 DOLLARS
public on this certification.
Estimate
Annualized Savings ..............
Annualized Costs ..................
($35,544)
5,813
Annualized Net Savings .......
(29,731)
C. Executive Order 12988
This action meets applicable
standards set forth in Sec. 3(a) and
3(b)(2) of Executive Order 12988, Civil
Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden. The action does not have
retroactive or preemptive effect.
D. Executive Order 13132
This rule does not have federalism
implications as defined in Executive
Order 13132. It will not have substantial
direct effects 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, as specified in the
Executive Order. As such, it does not
warrant the preparation of a Federalism
Assessment.
E. Paperwork Reduction Act, (5 U.S.C.
601–612)
SBA has determined that this final
rule does not affect any existing
collection of information.
F. Regulatory Flexibility Act, 5 U.S.C.
601–612
When an agency issues a rulemaking
proposal, the Regulatory Flexibility Act
(RFA) requires the agency to ‘‘prepare
and make available for public comment
an initial regulatory flexibility analysis’’
which will ‘‘describe the impact of the
proposed rule on small entities.’’ (5
U.S.C. 603(a)). Section 605 of the RFA
allows an agency to certify a rule, in lieu
of preparing an analysis, if the proposed
rulemaking is not expected to have a
significant economic impact on a
substantial number of small entities.
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List of Subjects in 13 CFR Part 125
Government contracts, Government
procurement, Reporting and
recordkeeping requirements, Small
businesses, Technical assistance,
Veterans.
Accordingly, for the reasons stated in
the preamble, SBA proposes to amend
13 CFR part 125 as follows:
PART 125—GOVERNMENT
CONTRACTING PROGRAMS
1. The authority citation for part 125
is revised to read as follows:
■
Authority: 15 U.S.C. 632(p), (q), 634(b)(6),
637, 644, 657(f), 657q, and 657s; 38 U.S.C.
501 and 8127.
§ § 125.15, 125.16, 125.19, and 125.20
[Removed and Reserved]
2. Remove and reserve §§ 125.15,
125.16, 125.19, and 125.20.
■
Dated: January 17, 2020.
Jovita Carranza,
Administrator.
[FR Doc. 2020–01990 Filed 2–3–20; 8:45 am]
BILLING CODE 8025–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0089; Product
Identifier 2019–NM–159–AD]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
SUMMARY:
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Federal Register / Vol. 85, No. 23 / Tuesday, February 4, 2020 / Proposed Rules
certain The Boeing Company Model
737–700, -800, and -900ER series
airplanes. This proposed AD was
prompted by a report of unshimmed
gaps at a certain inner chord. This
proposed AD would require a general
visual inspection for repairs of a certain
inner chord, a detailed inspection for
unshimmed gaps of the frame inner
chord, and applicable on-condition
actions. The FAA is proposing this AD
to address the unsafe condition on these
products.
DATES: The FAA must receive comments
on this proposed AD by March 20, 2020.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this NPRM, contact Boeing Commercial
Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster
Blvd., MC 110–SK57, Seal Beach, CA
90740–5600; telephone 562–797–1717;
internet https://
www.myboeingfleet.com. You may view
this referenced service information at
the FAA, Transport Standards Branch,
2200 South 216th St., Des Moines, WA.
For information on the availability of
this material at the FAA, call 206–231–
3195. It is also available on the internet
at https://www.regulations.gov by
searching for and locating Docket No.
FAA–2020–0089.
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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–2020–
0089; 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 NPRM, 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
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South 216th St., Des Moines, WA 98198;
phone and fax: 206–231–3529; email:
Greg.Rutar@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under the ADDRESSES section. Include
‘‘Docket No. FAA–2020–0089; Product
Identifier 2019–NM–159–AD’’ at the
beginning of your comments. The FAA
specifically invites comments on the
overall regulatory, economic,
environmental, and energy aspects of
this NPRM. The FAA will consider all
comments received by the closing date
and may amend this NPRM because of
those comments.
The FAA will post all comments
received, 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 received about this proposed
AD.
Discussion
The FAA has received a report of
unshimmed gaps found during
production at the station (STA) 727
frame inner chord common to the
stringer (S) 18A web on multiple
airplanes, on both the left and right
sides of the fuselage. Airplanes that
were found to have gaps in production
were corrected prior to delivery;
however, a quality investigation
determined that certain airplanes
previously delivered might have gaps.
These gaps could initiate early cracking
in fatigue critical baseline structure
(FCBS). Such cracking, if not addressed,
may result in the inability of a principal
structural element (PSE) to sustain limit
load and adversely affect the structural
integrity of the airplane.
Related Service Information Under 1
CFR Part 51
The FAA reviewed Boeing Alert
Requirements Bulletin 737–53A1385
RB, dated August 16, 2019. This service
information describes procedures for a
general visual inspection for repairs of
the STA 727 frame inner chord at S–
18A, a detailed inspection for
unshimmed gaps of the frame inner
chord at S–18A, and applicable oncondition actions including an initial
high frequency eddy current inspection
for cracking of the frame inner chord at
S–18A, repair, shim installation
between the frame inner chord and S–
18A, and repetitive high frequency eddy
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Fmt 4702
Sfmt 4702
current inspections for cracking of the
frame inner chord at S–18A.
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 proposing this AD
because we evaluated all the relevant
information and determined the unsafe
condition described previously is likely
to exist or develop in other products of
the same type design.
Proposed AD Requirements
This proposed AD would require
accomplishment of the actions
identified in Boeing Alert Requirements
Bulletin 737–53A1385 RB, dated August
16, 2019, described previously, except
for any differences identified as
exceptions in the regulatory text of this
proposed 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–2020–
0089.
Explanation of Requirements Bulletin
The FAA worked in conjunction with
industry, under the Airworthiness
Directive Implementation Aviation
Rulemaking Committee (AD ARC), to
enhance the AD system. One
enhancement is a process for annotating
which steps in the service information
are ‘‘required for compliance’’ (RC) with
an AD. Boeing has implemented this RC
concept into Boeing service bulletins.
In an effort to further improve the
quality of ADs and AD-related Boeing
service information, a joint process
improvement initiative was worked
between the FAA and Boeing. The
initiative resulted in the development of
a new process in which the service
information more clearly identifies the
actions needed to address the unsafe
condition in the ‘‘Accomplishment
Instructions.’’ The new process results
in a Boeing Requirements Bulletin,
which contains only the actions needed
to address the unsafe condition (i.e.,
only the RC actions).
Costs of Compliance
The FAA estimates that this proposed
AD affects 56 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this proposed AD:
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ESTIMATED COSTS FOR REQUIRED ACTIONS
Action
Labor cost
Inspection for repairs ........
Detailed inspection ............
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
Cost per
product
Parts cost
$0
0
actions that would be required. The
FAA has no way of determining the
Cost on U.S. operators
$255
85
$14,280.
Up to $4,760.
number of aircraft that might need these
on-condition actions:
ESTIMATED COSTS OF ON-CONDITION ACTIONS
Action
Labor cost
HFEC inspection ......
Shim installation .......
Up to 3 work-hours × $85 per hour = $255 .....................................................................
2 work-hours × $85 per hour = $170 ...............................................................................
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The FAA has received no definitive
data that would enable the agency to
provide cost estimates for the oncondition alternative inspections and
certain repair and on-condition actions
specified in this proposed AD.
According to the manufacturer, some
or all of the costs of this proposed 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 known costs in the cost
estimate.
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.
Regulatory Findings
The FAA has determined that this
proposed AD would not have federalism
implications under Executive Order
13132. This proposed AD would not
have a substantial direct effect on the
States, on the relationship between the
national Government and the States, or
VerDate Sep<11>2014
16:10 Feb 03, 2020
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on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) 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.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
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):
■
The Boeing Company: Docket No. FAA–
2020–0089; Product Identifier 2019–
NM–159–AD.
(a) Comments Due Date
The FAA must receive comments by March
20, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company
Model 737–700, –800, and –900ER series
PO 00000
Frm 00008
Fmt 4702
Cost per
product
Parts cost
Sfmt 4702
$0
0
$255
170
airplanes, certificated in any category, as
identified in Boeing Alert Requirements
Bulletin 737–53A1385 RB, dated August 16,
2019.
(d) Subject
Air Transport Association (ATA) of
America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by a report of
unshimmed gaps at the station (STA) 727
frame inner chord common to the stringer (S)
18A web. The FAA is issuing this AD to
address such gaps, which may initiate early
cracking in fatigue critical baseline structure
(FCBS) and result in the inability of a
principal structural element (PSE) to sustain
limit load and adversely affect the structural
integrity of the airplane.
(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 737–53A1385 RB,
dated August 16, 2019, do all applicable
actions identified in, and in accordance with,
the Accomplishment Instructions of Boeing
Alert Requirements Bulletin 737–53A1385
RB, dated August 16, 2019.
Note 1 to paragraph (g): Guidance for
accomplishing the actions required by this
AD can be found in Boeing Alert Service
Bulletin 737–53A1385, dated August 16,
2019, which is referred to in Boeing Alert
Requirements Bulletin 737–53A1385 RB,
dated August 16, 2019.
(h) Exceptions to Service Information
Specifications
(1) For purposes of determining
compliance with the requirements of this AD:
Where Boeing Alert Requirements Bulletin
737–53A1385 RB, dated August 16, 2019,
uses the phrase ‘‘the original issue date of the
Requirements Bulletin 737–53A1385 RB’’ or
‘‘the original issue date of Requirements
Bulletin 737–53A1385 RB,’’ this AD requires
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Federal Register / Vol. 85, No. 23 / Tuesday, February 4, 2020 / Proposed Rules
using ‘‘the effective date of this AD,’’ except
where Boeing Alert Requirements Bulletin
737–53A1385 RB, dated August 16, 2019,
uses the phrase ‘‘the original issue date of
Requirements Bulletin 737–53A1385 RB’’ in
a note or flag note.
(2) Where Boeing Alert Requirements
Bulletin 737–53A1385 RB, dated August 16,
2019, specifies contacting Boeing for repair
instructions, alternative inspections, and
applicable on-condition actions: This AD
requires accomplishing those actions using a
method approved in accordance with the
procedures specified in paragraph (i) of this
AD.
(i) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, 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 (j)(1) of
this AD. Information may be emailed to 9ANM-Seattle-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.
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(j) Related Information
(1) 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.
(2) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd.,
MC 110–SK57, Seal Beach, CA 90740–5600;
telephone 562–797–1717; internet https://
www.myboeingfleet.com. You may view this
referenced service information at the FAA,
Transport Standards Branch, 2200 South
216th St., Des Moines, WA. For information
on the availability of this material at the
FAA, call 206–231–3195.
Issued on January 28, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2020–02016 Filed 2–3–20; 8:45 am]
BILLING CODE 4910–13–P
VerDate Sep<11>2014
16:10 Feb 03, 2020
Jkt 250001
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2017–0967; Product
Identifier 2017–NE–35–AD]
RIN 2120–AA64
Airworthiness Directives; GE Aviation
Czech s.r.o. Turboprop Engines
Federal Aviation
Administration (FAA), DOT.
ACTION: Supplemental Notice of
proposed rulemaking (SNPRM);
reopening of comment period.
AGENCY:
The FAA is revising an earlier
proposal for all GE Aviation Czech s.r.o.
M601D–11, M601E–11, M601E–11A,
M601E–11AS, M601E–11S, M601F,
H80, H80–100, H80–200, H75–100,
H75–200, H85–100, and H85–200
turboprop engines. This action revises
the notice of proposed rulemaking
(NPRM) by revising the compliance time
requirements for replacement of affected
engine outlet system hardware. The
FAA is proposing this airworthiness
directive (AD) to address the unsafe
condition on these products. At the
request of some commenters, the FAA is
reopening the comment period to allow
the public the chance to comment on
these changes.
DATES: The comment period for the
NPRM published in the Federal
Register on January 24, 2018 (83 FR
3287), is reopened.
The FAA must receive comments on
this SNPRM by March 20, 2020.
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 SNPRM, contact GE Aviation Czech
s.r.o., Beranovy´ch 65, 199 02 Praha 9—
Letnˇany, Czech Republic; phone: +420
222 538 111; fax: +420 222 538 222. You
may view this service information at the
FAA, Engine and Propeller Standards
Branch, 1200 District Avenue,
Burlington, MA 01803. For information
SUMMARY:
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Sfmt 4702
on the availability of this material at the
FAA, call 781–238–7759.
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–2017–
0967; 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 SNPRM,
the mandatory continuing airworthiness
information (MCAI), 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:
Barbara Caufield, Aerospace Engineer,
ECO Branch, FAA, 1200 District
Avenue, Burlington, MA 01803; phone:
781–238–7146; fax: 781–238–7199;
email: barbara.caufield@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under the ADDRESSES section. Include
‘‘Docket No. FAA–2017–0967; Product
Identifier 2017–NE–35–AD’’ at the
beginning of your comments. The FAA
specifically invites comments on the
overall regulatory, economic,
environmental, and energy aspects of
this SNPRM. The FAA will consider all
comments received by the closing date
and may amend this SNPRM because of
those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, 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 received about this proposed
AD.
Confidential Business Information
Confidential Business Information
(CBI) is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this SNPRM
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
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]]>Agencies
[Federal Register Volume 85, Number 23 (Tuesday, February 4, 2020)]
[Proposed Rules]
[Pages 6107-6110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02016]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0089; Product Identifier 2019-NM-159-AD]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for
[[Page 6108]]
certain The Boeing Company Model 737-700, -800, and -900ER series
airplanes. This proposed AD was prompted by a report of unshimmed gaps
at a certain inner chord. This proposed AD would require a general
visual inspection for repairs of a certain inner chord, a detailed
inspection for unshimmed gaps of the frame inner chord, and applicable
on-condition actions. The FAA is proposing this AD to address the
unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by March 20,
2020.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this NPRM, contact Boeing
Commercial Airplanes, Attention: Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone 562-797-1717; internet https://www.myboeingfleet.com. You may
view this referenced service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For information
on the availability of this material at the FAA, call 206-231-3195. It
is also available on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-0089.
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-2020-
0089; 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 NPRM, 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:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2020-0089;
Product Identifier 2019-NM-159-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM because of those comments.
The FAA will post all comments received, 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 received about this proposed AD.
Discussion
The FAA has received a report of unshimmed gaps found during
production at the station (STA) 727 frame inner chord common to the
stringer (S) 18A web on multiple airplanes, on both the left and right
sides of the fuselage. Airplanes that were found to have gaps in
production were corrected prior to delivery; however, a quality
investigation determined that certain airplanes previously delivered
might have gaps. These gaps could initiate early cracking in fatigue
critical baseline structure (FCBS). Such cracking, if not addressed,
may result in the inability of a principal structural element (PSE) to
sustain limit load and adversely affect the structural integrity of the
airplane.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Boeing Alert Requirements Bulletin 737-53A1385 RB,
dated August 16, 2019. This service information describes procedures
for a general visual inspection for repairs of the STA 727 frame inner
chord at S-18A, a detailed inspection for unshimmed gaps of the frame
inner chord at S-18A, and applicable on-condition actions including an
initial high frequency eddy current inspection for cracking of the
frame inner chord at S-18A, repair, shim installation between the frame
inner chord and S-18A, and repetitive high frequency eddy current
inspections for cracking of the frame inner chord at S-18A.
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 proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.
Proposed AD Requirements
This proposed AD would require accomplishment of the actions
identified in Boeing Alert Requirements Bulletin 737-53A1385 RB, dated
August 16, 2019, described previously, except for any differences
identified as exceptions in the regulatory text of this proposed 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-2020-0089.
Explanation of Requirements Bulletin
The FAA worked in conjunction with industry, under the
Airworthiness Directive Implementation Aviation Rulemaking Committee
(AD ARC), to enhance the AD system. One enhancement is a process for
annotating which steps in the service information are ``required for
compliance'' (RC) with an AD. Boeing has implemented this RC concept
into Boeing service bulletins.
In an effort to further improve the quality of ADs and AD-related
Boeing service information, a joint process improvement initiative was
worked between the FAA and Boeing. The initiative resulted in the
development of a new process in which the service information more
clearly identifies the actions needed to address the unsafe condition
in the ``Accomplishment Instructions.'' The new process results in a
Boeing Requirements Bulletin, which contains only the actions needed to
address the unsafe condition (i.e., only the RC actions).
Costs of Compliance
The FAA estimates that this proposed AD affects 56 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
[[Page 6109]]
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Inspection for repairs........... 3 work-hours x $85 per $0 $255 $14,280.
hour = $255.
Detailed inspection.............. 1 work-hour x $85 per 0 85 Up to $4,760.
hour = $85.
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product
----------------------------------------------------------------------------------------------------------------
HFEC inspection............................ Up to 3 work-hours x $85 per hour = $0 $255
$255.
Shim installation.......................... 2 work-hours x $85 per hour = $170. 0 170
----------------------------------------------------------------------------------------------------------------
The FAA has received no definitive data that would enable the
agency to provide cost estimates for the on-condition alternative
inspections and certain repair and on-condition actions specified in
this proposed AD.
According to the manufacturer, some or all of the costs of this
proposed 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 known costs in the cost estimate.
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.
Regulatory Findings
The FAA has determined that this proposed AD would not have
federalism implications under Executive Order 13132. This proposed AD
would not have a substantial direct effect on the States, on the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) 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.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
The Boeing Company: Docket No. FAA-2020-0089; Product Identifier
2019-NM-159-AD.
(a) Comments Due Date
The FAA must receive comments by March 20, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 737-700, -800, and -
900ER series airplanes, certificated in any category, as identified
in Boeing Alert Requirements Bulletin 737-53A1385 RB, dated August
16, 2019.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by a report of unshimmed gaps at the
station (STA) 727 frame inner chord common to the stringer (S) 18A
web. The FAA is issuing this AD to address such gaps, which may
initiate early cracking in fatigue critical baseline structure
(FCBS) and result in the inability of a principal structural element
(PSE) to sustain limit load and adversely affect the structural
integrity of the airplane.
(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 737-53A1385 RB, dated August 16, 2019,
do all applicable actions identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert Requirements Bulletin
737-53A1385 RB, dated August 16, 2019.
Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Alert Service Bulletin
737-53A1385, dated August 16, 2019, which is referred to in Boeing
Alert Requirements Bulletin 737-53A1385 RB, dated August 16, 2019.
(h) Exceptions to Service Information Specifications
(1) For purposes of determining compliance with the requirements
of this AD: Where Boeing Alert Requirements Bulletin 737-53A1385 RB,
dated August 16, 2019, uses the phrase ``the original issue date of
the Requirements Bulletin 737-53A1385 RB'' or ``the original issue
date of Requirements Bulletin 737-53A1385 RB,'' this AD requires
[[Page 6110]]
using ``the effective date of this AD,'' except where Boeing Alert
Requirements Bulletin 737-53A1385 RB, dated August 16, 2019, uses
the phrase ``the original issue date of Requirements Bulletin 737-
53A1385 RB'' in a note or flag note.
(2) Where Boeing Alert Requirements Bulletin 737-53A1385 RB,
dated August 16, 2019, specifies contacting Boeing for repair
instructions, alternative inspections, and applicable on-condition
actions: This AD requires accomplishing those actions using a method
approved in accordance with the procedures specified in paragraph
(i) of this AD.
(i) Alternative Methods of Compliance (AMOCs)
(1) The Manager, 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 (j)(1) 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.
(j) Related Information
(1) 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].
(2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; internet https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Transport Standards Branch, 2200 South 216th
St., Des Moines, WA. For information on the availability of this
material at the FAA, call 206-231-3195.
Issued on January 28, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-02016 Filed 2-3-20; 8:45 am]
BILLING CODE 4910-13-P
