Airworthiness Directives; The Boeing Company Airplanes, 7865-7868 [2020-02719]
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Federal Register / Vol. 85, No. 29 / Wednesday, February 12, 2020 / Rules and Regulations
using EASA AD 2020–0020–E, dated
February 5, 2020.
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):
■
2020–03–12 Airbus SAS: Amendment 39–
19837; Docket No. FAA–2020–0093;
Product Identifier 2020–NM–026–AD.
(a) Effective Date
This AD becomes effective February 14,
2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS Model
A350–941 and –1041 airplanes, certificated
in any category.
(d) Subject
Air Transport Association (ATA) of
America Code 76, Engine controls.
(e) Reason
This AD was prompted by two reports of
abnormal operation of the components of the
ENG START panel or ECP due to liquid
spillage in the system, and the subsequent
uncommanded engine inflight shutdown
(IFSD) of one engine in each case. The FAA
is issuing this AD to address the potential for
dual-engine IFSD, possibly resulting in a
forced landing with consequent damage to
the airplane and injury to occupants.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, European Union Aviation
Safety Agency (EASA) AD 2020–0020–E,
dated February 5, 2020, corrected February 6,
2020 (‘‘EASA AD 2020–0020–E’’).
(h) Exceptions to EASA AD 2020–0020–E
(1) Where EASA AD 2020–0020–E refers to
its effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2020–0020–E does not apply to this AD.
(i) Credit for Previous Actions
This paragraph provides credit for actions
required by this AD, if those actions were
performed before the effective date of this AD
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(j) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Section, Transport Standards 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 International Section, send it
to the attention of the person identified in
paragraph (k) of this AD. Information may be
emailed to: 9-ANM-116-AMOC-REQUESTS@
faa.gov. 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.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, International Section,
Transport Standards Branch, FAA; or EASA;
or Airbus SAS’s EASA Design Organization
Approval (DOA). If approved by the DOA,
the approval must include the DOAauthorized signature.
(3) Required for Compliance (RC): For any
service information referenced in EASA AD
2020–0020–E that contains RC procedures
and tests: Except as required by paragraph
(j)(2) of this AD, RC procedures and tests
must be done to comply with this AD; any
procedures or tests that are not identified as
RC are recommended. Those procedures and
tests that are not identified 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
procedures and tests identified as RC can be
done and the airplane can be put back in an
airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
(k) Related Information
For more information about this AD,
contact Kathleen Arrigotti, Aerospace
Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th
St., Des Moines, WA 98198; telephone and
fax 206–231–3218; email Kathleen.Arrigotti@
faa.gov.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) AD 2020–0020–E, dated February 5,
2020, corrected February 6, 2020.
(ii) [Reserved]
(3) For information about EASA AD 2020–
0020–E, contact the EASA, Konrad-
PO 00000
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7865
Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 89990 6017; email ADs@
easa.europa.eu; Internet
www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://
ad.easa.europa.eu.
(4) You may view this material 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. This material may
be found in the AD docket on the internet at
https://www.regulations.gov by searching for
and locating Docket No. FAA–2020–0093.
(5) You may view this material that is
incorporated by reference at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at NARA, email fedreg.legal@
nara.gov, or go to https://www.archives.gov/
federal-register/cfr/ibr-locations.html.
Issued on February 7, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2020–02852 Filed 2–10–20; 11:15 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0670; Product
Identifier 2019–NM–104–AD; Amendment
39–19830; AD 2020–02–16]
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 737–200,
–200C, –300, –400, and –500 series
airplanes. This AD was prompted by an
evaluation by the design approval
holder (DAH) indicating that the lower
skin of the fuselage skin lap splices
along the lower fastener row of a certain
stringer lap splice on certain body
station skin panels may be subject to
widespread fatigue damage (WFD). This
AD requires inspections of the lower
skin of the fuselage skin lap splices
along the lower fastener row of a certain
stringer lap splice on certain body
station skin panels and applicable oncondition actions. The FAA is issuing
this AD to address the unsafe condition
on these products.
DATES: This AD is effective March 18,
2020.
The Director of the Federal Register
approved the incorporation by reference
SUMMARY:
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Federal Register / Vol. 85, No. 29 / Wednesday, February 12, 2020 / Rules and Regulations
of a certain publication listed in this AD
as of March 18, 2020.
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;
phone: 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–2019–0670.
Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0670; 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:
James Guo, Aerospace Engineer,
Airframe Section, FAA, Los Angeles
ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712–4137;
phone: 562–627–5357; fax: 562–627–
5210; email: james.guo@faa.gov.
SUPPLEMENTARY INFORMATION:
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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 737–200, –200C, –300, –400, and
–500 series airplanes. The NPRM
published in the Federal Register on
September 4, 2019 (84 FR 46496). The
NPRM was prompted by a report that an
operator of a Model 737–300 airplane
discovered a crack in the skin at a chemmilled step at body station (STA)
727B+10, just above stringer (S)–14R.
The airplane had accumulated 88,805
flight hours and 65,804 flight cycles at
the time the crack was found. Upon
further inspection in the local area using
high frequency eddy current (HFEC)
hole probe inspection, multiple fastener
hole cracks were found in the S–14 lap
splice lower row in the lower skin
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between STA 727A and STA 727E. The
lower skin at S–14 is structure that may
be susceptible to WFD and may also
have scratches that can propagate into
cracks. The scratch cracks may interact
with fatigue cracking. The NPRM
proposed to require inspections of the
lower skin of the fuselage skin lap
splices along the lower fastener row of
a certain stringer lap splice on certain
body station skin panels and applicable
on-condition actions.
The FAA is issuing this AD to address
scratch cracks and fatigue cracking,
which may interact and could result in
rapid decompression and loss of
structural integrity of the airplane.
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
Priscilla Suarez expressed support for
the NPRM, as well as support for
additional safety inspections, and
stricter regulations that increase safety.
Effect of Winglets on Accomplishment
of the Proposed Actions
Aviation Partners Boeing stated that
accomplishing Supplemental Type
Certificate (STC) ST01219SE does not
affect 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 ST01219SE does not
affect the ability to accomplish the
actions required by this AD. Therefore,
for airplanes on which STC ST01219SE
is installed, a ‘‘change in product’’
alternative method of compliance
(AMOC) approval request is not
necessary to comply with the
requirements of 14 CFR 39.17.
Request To Specify That the Airplane
May Be Subject to the Unsafe Condition
Boeing requested that the FAA revise
the SUMMARY, Discussion section, and
paragraph (e) in the regulatory text of
the NPRM to specify that the lap splice
on certain body station skin panels may
be subject to widespread fatigue damage
WFD. Boeing pointed out that the
change would maintain consistency
with the wording used in the service
information. Boeing also mentioned that
WFD has not been specifically
demonstrated in the subject areas.
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The FAA agrees for the reasons
provided and has revised this AD
accordingly.
Request To Revise the Unsafe Condition
Boeing requested that the FAA revise
the unsafe condition statement
throughout the NPRM to specify only
that it could result in rapid
decompression, and remove ‘‘. . . or
loss of structural integrity of the
airplane,’’ as an additional consequent
result. Boeing pointed out that the
change would maintain consistency
with the wording in the service
information.
The FAA partially agrees. The FAA
agrees that the wording of the unsafe
condition could be confusing and that
clarification is necessary. Therefore, the
FAA has changed the unsafe condition
statement to specify that this AD
addresses ‘‘. . . scratch cracks and
fatigue cracking, which may interact
and could result in rapid decompression
and loss of structural integrity of the
airplane.’’
Request To Remove Language
Regarding Fatigue Damage
Boeing requested that the FAA
remove language regarding fatigue
damage and multiple-site damage (MSD)
from the Discussion section of the
NPRM. Boeing stated that the
information is confusing, provides no
additional understanding of the issues,
and that other AD’s related to lap splice
scratch cracking and MSD do not
include the same information. Boeing
argued that the remaining portions of
the discussion are sufficient with the
intent of the NPRM.
The FAA does not agree, because the
language identified by Boeing is not
carried forward into the final rule. The
FAA acknowledges that the language
regarding fatigue damage and MSD is
not present in all ADs related to lap
splice cracking; however, this specific
language is present in other ADs that are
related to MSD. This wording helps
define the terms, provides general
explanation of the issue, and has not
been demonstrated as confusing. The
FAA has not changed this AD in this
regard.
Request for Clarification of the
Terminating Action
Boeing requested that the FAA revise
paragraph (i) of the proposed AD to
clarify if the proposed terminating
action is applicable to ‘‘the
corresponding locations’’ or ‘‘the
inspections’’ in the corresponding
locations. Boeing pointed out that
rearranging the statement would make it
grammatically clear whether actions or
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Federal Register / Vol. 85, No. 29 / Wednesday, February 12, 2020 / Rules and Regulations
locations are being terminated.
Otherwise, Boeing pointed out that the
statement could be misread to interpret
it to mean terminating the locations
required by the NPRM.
The FAA agrees for the reasons
provided and has revised paragraph (i)
of this AD accordingly.
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 has reviewed Boeing Alert
Requirements Bulletin 737–53A1382
RB, dated May 6, 2019. This service
information describes procedures for
detailed inspections for previous
repairs, and repetitive dual frequency
eddy current (DFEC) inspections for
cracks of the lower skin of the fuselage
skin lap splices along the lower fastener
row of the S–14 lap splice at specified
locations on the STA 727 to STA 908
skin panel in areas not inspected as
specified in other service bulletins, and
applicable on-condition actions. Oncondition actions include open hole
HFEC inspections for cracks, and repair.
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 158 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Action
DFEC Inspections of S–14
Lap Splices.
Labor cost
Parts cost
18 work-hours × $85 per hour
= $1,530 per inspection
cycle.
The FAA estimates the following
costs to do any necessary on-condition
Cost per product
$0
Cost on U.S. operators
$1,530 per inspection cycle ...
inspections that would be required. The
FAA has no way of determining the
$241,740 per inspection
cycle.
number of aircraft that might need these
on-condition actions:
ESTIMATED COSTS OF ON-CONDITION ACTIONS
Labor cost
Parts cost
Cost per
product
97 work-hours × $85 per hour = $8,245 .................................................................................................................
$0
$8,245
develop on products identified in this
rulemaking action.
The FAA has received no definitive
data that would enable us to provide
cost estimates for the on-condition
repairs specified in this AD.
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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
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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.
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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):
■
2020–02–16 The Boeing Company:
Amendment 39–19830; Docket No.
FAA–2019–0670; Product Identifier
2019–NM–104–AD.
(a) Effective Date
This AD is effective March 18, 2020.
(b) Affected ADs
None.
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(c) Applicability
(1) This AD applies to The Boeing
Company Model 737–200, –200C, –300,
–400, and –500 series airplanes, certificated
in any category, as identified in Boeing Alert
Requirements Bulletin 737–53A1382 RB,
dated May 6, 2019.
(2) Installation of Supplemental Type
Certificate (STC) ST01219SE does not affect
the ability to accomplish the actions required
by this AD. Therefore, for airplanes on which
STC ST01219SE is installed, a ‘‘change in
product’’ alternative method of compliance
(AMOC) approval request is not necessary to
comply with the requirements of 14 CFR
39.17.
(d) Subject
Air Transport Association (ATA) of
America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by an evaluation by
the design approval holder (DAH) indicating
that the lower skin of the fuselage skin lap
splices along the lower fastener row of the
stringer (S)–14 lap splice on certain body
station skin panels may be subject to
widespread fatigue damage (WFD). The FAA
is issuing this AD to address scratch cracks
and fatigue cracking, which may interact and
could result in 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 specified by paragraph (h) of this
AD: At the applicable times specified in the
‘‘Compliance’’ paragraph of Boeing Alert
Requirements Bulletin 737–53A1382 RB,
dated May 6, 2019, do all applicable actions
identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert
Requirements Bulletin 737–53A1382 RB,
dated May 6, 2019.
Note 1 to paragraph (g): Guidance for
accomplishing the actions required by this
AD can be found in Boeing Alert Service
Bulletin 737–53A1382, dated May 6, 2019,
which is referred to in Boeing Alert
Requirements Bulletin 737–53A1382 RB,
dated May 6, 2019.
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(h) Exceptions to Service Information
Specifications
(1) Where Boeing Alert Requirements
Bulletin 737–53A1382 RB, dated May 6,
2019, uses the phrase ‘‘the original issue date
of Requirements Bulletin 737–53A1382 RB,’’
this AD requires using ‘‘the effective date of
this AD.’’
(2) Where Boeing Alert Requirements
Bulletin 737–53A1382 RB, dated May 6,
2019, specifies contacting Boeing for repair
instructions or for alternative inspections:
This AD requires doing the repair, or doing
the alternative inspections and applicable oncondition actions using a method approved
in accordance with the procedures specified
in paragraph (j) of this AD.
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(i) Terminating Action for the Required
Inspections
Accomplishment of certain skin panel
replacements identified as terminating action
in Boeing Alert Requirements Bulletin 737–
53A1382 RB, dated May 6, 2019, terminates
the inspections required by this AD, in the
corresponding locations.
(j) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Los Angeles ACO Branch,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with
14 CFR 39.19, send your request to your
principal inspector or local Flight Standards
District Office, as appropriate. If sending
information directly to the manager of the
certification office, send it to the attention of
the person identified in paragraph (k)(1) of
this AD. Information may be emailed to: 9ANM-LAACO-AMOC-Requests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair,
modification, or alteration required by this
AD if it is approved by The Boeing Company
Organization Designation Authorization
(ODA) that has been authorized by the
Manager, Los Angeles ACO Branch, FAA, to
make those findings. To be approved, the
repair method, modification deviation, or
alteration deviation must meet the
certification basis of the airplane, and the
approval must specifically refer to this AD.
(k) Related Information
(1) For more information about this AD,
contact James Guo, Aerospace Engineer,
Airframe Section, FAA, Los Angeles ACO
Branch, 3960 Paramount Boulevard,
Lakewood, CA 90712–4137; phone: 562–627–
5357; fax: 562–627–5210; email: james.guo@
faa.gov.
(2) Service information identified in this
AD that is not incorporated by reference is
available at the addresses specified in
paragraphs (l)(3) and (4) of this AD.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Boeing Alert Requirements Bulletin
737–53A1382 RB, dated May 6, 2019.
(ii) [Reserved]
(3) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd.,
MC 110–SK57, Seal Beach, CA 90740–5600;
phone: 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
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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,
email fedreg.legal@nara.gov, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on January 27, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2020–02719 Filed 2–11–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2016–9073; Product
Identifier 2015–NM–062–AD; Amendment
39–19836; AD 2020–03–11]
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
Boeing Model 707 airplanes and Model
720 and 720B series airplanes. This AD
was prompted by the FAA’s analysis of
the Model 707 and 720 fuel system
reviews conducted by the manufacturer.
This AD requires modifying the fuel
quantity indicating system (FQIS) to
prevent development of an ignition
source inside the center fuel tank due to
electrical fault conditions. The FAA is
issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective March 18,
2020.
ADDRESSES:
SUMMARY:
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–2016–
9073; 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
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]]>Agencies
[Federal Register Volume 85, Number 29 (Wednesday, February 12, 2020)]
[Rules and Regulations]
[Pages 7865-7868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02719]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0670; Product Identifier 2019-NM-104-AD; Amendment
39-19830; AD 2020-02-16]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain The Boeing Company Model 737-200, -200C, -300, -400, and -500
series airplanes. This AD was prompted by an evaluation by the design
approval holder (DAH) indicating that the lower skin of the fuselage
skin lap splices along the lower fastener row of a certain stringer lap
splice on certain body station skin panels may be subject to widespread
fatigue damage (WFD). This AD requires inspections of the lower skin of
the fuselage skin lap splices along the lower fastener row of a certain
stringer lap splice on certain body station skin panels and applicable
on-condition actions. The FAA is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective March 18, 2020.
The Director of the Federal Register approved the incorporation by
reference
[[Page 7866]]
of a certain publication listed in this AD as of March 18, 2020.
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; phone: 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-2019-
0670.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0670; 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: James Guo, Aerospace Engineer,
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5357; fax: 562-627-
5210; 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 737-200, -200C, -300, -400, and -500 series airplanes.
The NPRM published in the Federal Register on September 4, 2019 (84 FR
46496). The NPRM was prompted by a report that an operator of a Model
737-300 airplane discovered a crack in the skin at a chem-milled step
at body station (STA) 727B+10, just above stringer (S)-14R. The
airplane had accumulated 88,805 flight hours and 65,804 flight cycles
at the time the crack was found. Upon further inspection in the local
area using high frequency eddy current (HFEC) hole probe inspection,
multiple fastener hole cracks were found in the S-14 lap splice lower
row in the lower skin between STA 727A and STA 727E. The lower skin at
S-14 is structure that may be susceptible to WFD and may also have
scratches that can propagate into cracks. The scratch cracks may
interact with fatigue cracking. The NPRM proposed to require
inspections of the lower skin of the fuselage skin lap splices along
the lower fastener row of a certain stringer lap splice on certain body
station skin panels and applicable on-condition actions.
The FAA is issuing this AD to address scratch cracks and fatigue
cracking, which may interact and could result in rapid decompression
and loss of structural integrity of the airplane.
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
Priscilla Suarez expressed support for the NPRM, as well as support
for additional safety inspections, and stricter regulations that
increase safety.
Effect of Winglets on Accomplishment of the Proposed Actions
Aviation Partners Boeing stated that accomplishing Supplemental
Type Certificate (STC) ST01219SE does not affect 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
ST01219SE does not affect the ability to accomplish the actions
required by this AD. Therefore, for airplanes on which STC ST01219SE is
installed, a ``change in product'' alternative method of compliance
(AMOC) approval request is not necessary to comply with the
requirements of 14 CFR 39.17.
Request To Specify That the Airplane May Be Subject to the Unsafe
Condition
Boeing requested that the FAA revise the SUMMARY, Discussion
section, and paragraph (e) in the regulatory text of the NPRM to
specify that the lap splice on certain body station skin panels may be
subject to widespread fatigue damage WFD. Boeing pointed out that the
change would maintain consistency with the wording used in the service
information. Boeing also mentioned that WFD has not been specifically
demonstrated in the subject areas.
The FAA agrees for the reasons provided and has revised this AD
accordingly.
Request To Revise the Unsafe Condition
Boeing requested that the FAA revise the unsafe condition statement
throughout the NPRM to specify only that it could result in rapid
decompression, and remove ``. . . or loss of structural integrity of
the airplane,'' as an additional consequent result. Boeing pointed out
that the change would maintain consistency with the wording in the
service information.
The FAA partially agrees. The FAA agrees that the wording of the
unsafe condition could be confusing and that clarification is
necessary. Therefore, the FAA has changed the unsafe condition
statement to specify that this AD addresses ``. . . scratch cracks and
fatigue cracking, which may interact and could result in rapid
decompression and loss of structural integrity of the airplane.''
Request To Remove Language Regarding Fatigue Damage
Boeing requested that the FAA remove language regarding fatigue
damage and multiple-site damage (MSD) from the Discussion section of
the NPRM. Boeing stated that the information is confusing, provides no
additional understanding of the issues, and that other AD's related to
lap splice scratch cracking and MSD do not include the same
information. Boeing argued that the remaining portions of the
discussion are sufficient with the intent of the NPRM.
The FAA does not agree, because the language identified by Boeing
is not carried forward into the final rule. The FAA acknowledges that
the language regarding fatigue damage and MSD is not present in all ADs
related to lap splice cracking; however, this specific language is
present in other ADs that are related to MSD. This wording helps define
the terms, provides general explanation of the issue, and has not been
demonstrated as confusing. The FAA has not changed this AD in this
regard.
Request for Clarification of the Terminating Action
Boeing requested that the FAA revise paragraph (i) of the proposed
AD to clarify if the proposed terminating action is applicable to ``the
corresponding locations'' or ``the inspections'' in the corresponding
locations. Boeing pointed out that rearranging the statement would make
it grammatically clear whether actions or
[[Page 7867]]
locations are being terminated. Otherwise, Boeing pointed out that the
statement could be misread to interpret it to mean terminating the
locations required by the NPRM.
The FAA agrees for the reasons provided and has revised paragraph
(i) of this AD accordingly.
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 has reviewed Boeing Alert Requirements Bulletin 737-53A1382
RB, dated May 6, 2019. This service information describes procedures
for detailed inspections for previous repairs, and repetitive dual
frequency eddy current (DFEC) inspections for cracks of the lower skin
of the fuselage skin lap splices along the lower fastener row of the S-
14 lap splice at specified locations on the STA 727 to STA 908 skin
panel in areas not inspected as specified in other service bulletins,
and applicable on-condition actions. On-condition actions include open
hole HFEC inspections for cracks, and repair. 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 158 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
----------------------------------------------------------------------------------------------------------------
DFEC Inspections of S-14 Lap 18 work-hours x $85 $0 $1,530 per $241,740 per
Splices. per hour = $1,530 inspection cycle. inspection cycle.
per inspection
cycle.
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The FAA estimates the following costs to do any necessary on-
condition inspections 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
Labor cost Parts cost product
----------------------------------------------------------------------------------------------------------------
97 work-hours x $85 per hour = $8,245......................................... $0 $8,245
----------------------------------------------------------------------------------------------------------------
The FAA has received no definitive data that would enable us to
provide cost estimates for the on-condition repairs specified in this
AD.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
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
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):
2020-02-16 The Boeing Company: Amendment 39-19830; Docket No. FAA-
2019-0670; Product Identifier 2019-NM-104-AD.
(a) Effective Date
This AD is effective March 18, 2020.
(b) Affected ADs
None.
[[Page 7868]]
(c) Applicability
(1) This AD applies to The Boeing Company Model 737-200, -200C,
-300, -400, and -500 series airplanes, certificated in any category,
as identified in Boeing Alert Requirements Bulletin 737-53A1382 RB,
dated May 6, 2019.
(2) Installation of Supplemental Type Certificate (STC)
ST01219SE does not affect the ability to accomplish the actions
required by this AD. Therefore, for airplanes on which STC ST01219SE
is installed, a ``change in product'' alternative method of
compliance (AMOC) approval request is not necessary to comply with
the requirements of 14 CFR 39.17.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by an evaluation by the design approval
holder (DAH) indicating that the lower skin of the fuselage skin lap
splices along the lower fastener row of the stringer (S)-14 lap
splice on certain body station skin panels may be subject to
widespread fatigue damage (WFD). The FAA is issuing this AD to
address scratch cracks and fatigue cracking, which may interact and
could result in 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 specified by paragraph (h) of this AD: At the
applicable times specified in the ``Compliance'' paragraph of Boeing
Alert Requirements Bulletin 737-53A1382 RB, dated May 6, 2019, do
all applicable actions identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert Requirements Bulletin
737-53A1382 RB, dated May 6, 2019.
Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Alert Service Bulletin
737-53A1382, dated May 6, 2019, which is referred to in Boeing Alert
Requirements Bulletin 737-53A1382 RB, dated May 6, 2019.
(h) Exceptions to Service Information Specifications
(1) Where Boeing Alert Requirements Bulletin 737-53A1382 RB,
dated May 6, 2019, uses the phrase ``the original issue date of
Requirements Bulletin 737-53A1382 RB,'' this AD requires using ``the
effective date of this AD.''
(2) Where Boeing Alert Requirements Bulletin 737-53A1382 RB,
dated May 6, 2019, specifies contacting Boeing for repair
instructions or for alternative inspections: This AD requires doing
the repair, or doing the alternative inspections and applicable on-
condition actions using a method approved in accordance with the
procedures specified in paragraph (j) of this AD.
(i) Terminating Action for the Required Inspections
Accomplishment of certain skin panel replacements identified as
terminating action in Boeing Alert Requirements Bulletin 737-53A1382
RB, dated May 6, 2019, terminates the inspections required by this
AD, in the corresponding locations.
(j) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Los Angeles ACO Branch, FAA, has the authority
to approve AMOCs for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your
request to your principal inspector or local Flight Standards
District Office, as appropriate. If sending information directly to
the manager of the certification office, send it to the attention of
the person identified in paragraph (k)(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, Los
Angeles ACO Branch, FAA, to make those findings. To be approved, the
repair method, modification deviation, or alteration deviation must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
(k) Related Information
(1) For more information about this AD, contact James Guo,
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch,
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5357; fax: 562-627-5210; email: [email protected].
(2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (l)(3) and (4) of this AD.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Boeing Alert Requirements Bulletin 737-53A1382 RB, dated May
6, 2019.
(ii) [Reserved]
(3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; phone: 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, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on January 27, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-02719 Filed 2-11-20; 8:45 am]
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