
[Federal Register Volume 82, Number 159 (Friday, August 18, 2017)]
[Rules and Regulations]
[Pages 39344-39347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16354]



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DEPARTMENT OF TRANSPORTATION



Federal Aviation Administration



14 CFR Part 39



[Docket No. FAA-2016-9112; Product Identifier 2016-NM-091-AD; Amendment 

39-18982; AD 2017-16-05]

RIN 2120-AA64




Airworthiness Directives; The Boeing Company Airplanes



AGENCY: Federal Aviation Administration (FAA), DOT.



ACTION: Final rule.



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SUMMARY: We are 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 a report of a Krueger flap 

bullnose departing an airplane during taxi, which caused damage to the 

wing structure and thrust reverser. This AD requires a one-time 

detailed visual inspection for discrepancies in the Krueger flap 

bullnose attachment hardware, and related investigative and corrective 

actions, if necessary. We are issuing this AD to address the unsafe 

condition on these products.



DATES: This AD is effective September 22, 2017.

    The Director of the Federal Register approved the incorporation by 

reference of a certain publication listed in this AD as of September 

22, 2017.



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 referenced service information 

at the FAA, Transport Standards Staff, 1601 Lind Avenue SW., Renton, 

WA. For information on the availability of this material at the FAA, 

call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-

9112.



Examining the AD Docket



    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-

9112; or in person at the Docket Management Facility between 9 a.m. and 

5 p.m., Monday through Friday, except Federal holidays. The AD docket 

contains this AD, the regulatory evaluation, any comments received, and 

other information. The address for the Docket Office (phone: 800-647-

5527) is Docket Management Facility, 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 Aircraft Certification Office (ACO) 

Branch, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-

6450; fax: 425-917-6590; email: alan.pohl@faa.gov.



SUPPLEMENTARY INFORMATION: 



Discussion



    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would apply to certain The Boeing Company 

Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. 

The NPRM published in the Federal Register on September 29, 2016 (81 FR 

66874) (``the NPRM''). The NPRM was prompted by a report of a Krueger 

flap bullnose departing an airplane during taxi, which caused damage to 

the wing



[[Page 39345]]



structure and thrust reverser. The NPRM proposed to require a one-time 

detailed visual inspection for discrepancies in the Krueger flap 

bullnose attachment hardware, and related investigative and corrective 

actions, if necessary. We are issuing this AD to detect and correct 

missing Krueger flap bullnose hardware. Such missing hardware could 

result in the Krueger flap bullnose departing the airplane during 

flight, which could damage empennage structure and lead to the 

inability to maintain continued safe flight and landing.



Comments



    We gave the public the opportunity to participate in developing 

this AD. The following presents the comments received on the NPRM and 

the FAA's response to each comment.



Support for the NPRM



    Vincent Romano, a private citizen, and United Airlines (UAL), 

stated their support for the NPRM.



Effect of Winglets on Accomplishment of the Proposed Actions



    Aviation Partners Boeing stated that accomplishing the Supplemental 

Type Certificate (STC) ST00830SE does not affect the actions specified 

in the NPRM.

    We concur with the commenter. We have redesignated paragraph (c) of 

the NPRM as paragraph (c)(1) 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 Reference the Latest Service Information



    All Nippon Airways (ANA), American Airlines (AAL), Boeing, 

Jet2.com, TUIfly GmbH (HAP), UAL, and Kennedy Juma, requested revising 

the NPRM to reference Boeing Alert Service Bulletin 737-57A1327, 

Revision 1, dated September 28, 2016. Some commenters pointed out that 

the original issue had some errors in the illustrations and needed 

certain clarifications. ANA and Boeing also requested that we provide 

credit for accomplishing the original issue of the service information.

    We agree that this final rule should reference the latest service 

information. Since we issued the NPRM, Boeing issued Boeing Alert 

Service Bulletin 737-57A1327, Revision 1, dated September 28, 2016. We 

have revised paragraphs (c)(1) (paragraph (c) of the proposed AD) and 

(g) of this AD to reference Boeing Alert Service Bulletin 737-57A1327, 

Revision 1, dated September 28, 2016, for accomplishment of the 

required actions. We have also revised this AD to provide credit for 

using Boeing Alert Service Bulletin 737-57A1327, dated May 20, 2016, to 

accomplish the required actions before the effective date of this AD.



Request To Correct the Latest Service Information



    AAL requested that Boeing Alert Service Bulletin 737-57A1327, 

Revision 1, dated September 28, 2016, be corrected to address errors in 

Figures 1, 2, 3, and 4. AAL stated that these errors affect the 

depiction of how the clevis assembly, clevis, and bullnose hinge lug 

are attached to each other, and suggested that revising the figures to 

correct the errors would clarify which parts must be subject to the 

detailed inspection.

    We acknowledge that Figures 1, 2, 3, and 4 of Boeing Alert Service 

Bulletin 737-57A1327, Revision 1, dated September 28, 2016, contain 

errors in the labeling of parts in the illustrations. However, the 

instructions in the tables in the figures correctly identify the parts 

and actions to be accomplished. Since the instructions are correct, the 

service bulletin adequately addresses the unsafe condition. We do not 

revise manufacturers' service information. However, Boeing might decide 

to revise Boeing Alert Service Bulletin 737-57A1327, Revision 1, dated 

September 28, 2016, to correct the errors. We have not changed the AD 

in this regard.



Request To Allow Alternate Replacement Procedure



    AAL and Southwest Airlines (SWA) requested that we revise the NPRM 

to provide an option to replace cracked or deformed bullnose hinge lugs 

or clevis assemblies with bullnose hinge lugs or clevis assemblies 

instead of replacement with a Krueger flap assembly, as specified in 

paragraph 3.B.2.a.(1)(a)1) of Boeing Alert Service Bulletin 737-

57A1327, Revision 1, dated September 28, 2016. AAL suggested that the 

replacement option could be done using certain sections of a component 

maintenance manual (CMM). SWA suggested the use of Boeing production 

installation drawings. Both AAL and SWA also stated that replacing only 

the affected bullnose hinge lugs or clevis assemblies would also reduce 

the cost of repair or replacement. SWA also stated that there is a 

limited inventory of Krueger flap assemblies and that limited 

inventory, combined with a 6-month compliance time could significantly 

impair operators.

    We understand that the suggested replacement option might reduce 

the burden on operators. However, we do not agree to revise this AD to 

include the suggested changes. The repairs provided by the suggested 

sections of the CMM address normal wear-and-tear, and these repairs may 

not be appropriate for addressing damage that might result from an 

improperly attached Krueger flap. Boeing informed us that there is no 

procedure in the CMM that would provide step-by-step instructions to 

remove only the bullnose other than by use of the drawing system. 

Engineering instructions would be needed to ensure that the remainder 

of the flap assembly is serviceable and not damaged in addition to the 

damaged bullnose hinge lugs or clevis assembly, and that level of 

instruction would be too much detail for an AD. However, once we issue 

this AD, any person may request approval of an AMOC under the 

provisions of paragraph (i) of this AD. We have not changed the AD in 

this regard.



Conclusion



    We reviewed the relevant data, considered the comments received, 

and determined that air safety and the public interest require adopting 

this AD with the changes described previously and minor editorial 

changes. We have determined that these minor changes:

     Are consistent with the intent that was proposed in the 

NPRM for correcting the unsafe condition; and

     Do not add any additional burden upon the public than was 

already proposed in the NPRM.



[[Page 39346]]



    We also determined that these changes will not increase the 

economic burden on any operator or increase the scope of this AD.



Related Service Information Under 1 CFR Part 51



    We reviewed Boeing Alert Service Bulletin 737-57A1327, Revision 1, 

dated September 28, 2016. The service information describes procedures 

for a one-time detailed visual inspection for discrepancies in the 

Krueger flap bullnose attachment hardware, and related investigative 

and corrective actions. This service information is reasonably 

available because the interested parties have access to it through 

their normal course of business or by the means identified in the 

ADDRESSES section.



Costs of Compliance



    We estimate that this AD affects 1,495 airplanes of U.S. registry. 

We estimate the following costs to comply with this AD:



                                                 Estimated Costs

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

                                                                                       Cost per    Cost on U.S.

              Action                        Labor cost              Parts cost         product       operators

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

Inspection of the Krueger flap      3 work-hours x $85 per     None................         $255        $381,225

 bullnose hardware.                  hour = $255.

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    We have received no definitive data that would enable us to provide 

cost estimates for the on-condition actions specified in this AD.

    According to the manufacturer, some of the costs of this AD may be 

covered under warranty, thereby reducing the cost impact on affected 

individuals. We do not control warranty coverage for affected 

individuals. As a result, we have included all available costs in our 

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.

    We are issuing this rulemaking under the authority described in 

Subtitle VII, Part A, Subpart III, Section 44701: ``General 

requirements.'' Under that section, Congress charges the FAA with 

promoting safe flight of civil aircraft in air commerce by prescribing 

regulations for practices, methods, and procedures the Administrator 

finds necessary for safety in air commerce. This regulation is within 

the scope of that authority because it addresses an unsafe condition 

that is likely to exist or develop on products identified in this 

rulemaking action.

    This AD is issued in accordance with authority delegated by the 

Executive Director, Aircraft Certification Service, as authorized by 

FAA Order 8000.51C. In accordance with that order, issuance of ADs is 

normally a function of the Compliance and Airworthiness Division, but 

during this transition period, the Executive Director has delegated the 

authority to issue ADs applicable to transport category airplanes to 

the Director of the System Oversight Division.



Regulatory Findings



    This AD will not have federalism implications under Executive Order 

13132. This AD will not have a substantial direct effect on the States, 

on the relationship between the national government and the States, or 

on the distribution of power and responsibilities among the various 

levels of government.

    For the reasons discussed above, I certify that this AD:

    (1) Is not a ``significant regulatory action'' under Executive 

Order 12866,

    (2) Is not a ``significant rule'' under DOT Regulatory Policies and 

Procedures (44 FR 11034, February 26, 1979),

    (3) Will not affect intrastate aviation in Alaska, and

    (4) Will not have a significant economic impact, positive or 

negative, on a substantial number of small entities under the criteria 

of the Regulatory Flexibility Act.



List of Subjects in 14 CFR Part 39



    Air transportation, Aircraft, Aviation safety, Incorporation by 

reference, Safety.



Adoption of the Amendment



    Accordingly, under the authority delegated to me by the 

Administrator, the FAA amends 14 CFR part 39 as follows:



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):



2017-16-05 The Boeing Company: Amendment 39-18982; Docket No. FAA-

2016-9112; Product Identifier 2016-NM-091-AD.



(a) Effective Date



    This AD is effective September 22, 2017.



(b) Affected ADs



    None.



(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-

57A1327, Revision 1, dated September 28, 2016.

    (2) Installation of Supplemental Type Certificate (STC) 

ST00830SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/354588EE63741A068625807D006726F6?OpenDocument&Highlight=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 57, Wings.



(e) Unsafe Condition



    This AD was prompted by a report of a Krueger flap bullnose 

departing an airplane during taxi, which caused damage to the wing 

structure and thrust reverser. We are issuing this AD to detect and 

correct missing Krueger flap bullnose hardware. Such missing 

hardware could result in the Krueger flap bullnose departing the 

airplane during flight, which could damage empennage structure and 

lead to the inability to maintain continued safe flight and landing.



(f) Compliance



    Comply with this AD within the compliance times specified, 

unless already done.



(g) Inspection of the Krueger Flap Bullnose



    Within 6 months after the effective date of this AD, do a 

detailed inspection for discrepancies of the Krueger flap bullnose 

attachment hardware, and do all applicable related investigative and 

corrective actions,



[[Page 39347]]



in accordance with the Accomplishment Instructions of Boeing Alert 

Service Bulletin 737-57A1327, Revision 1, dated September 28, 2016. 

Do all applicable related investigative and corrective actions 

before further flight.



(h) Credit for Previous Actions



    This paragraph provides credit for the actions specified in 

paragraph (g) of this AD, if those actions were performed before the 

effective date of this AD using Boeing Alert Service Bulletin 737-

57A1327, dated May 20, 2016.



(i) Alternative Methods of Compliance (AMOCs)



    (1) The Manager, Seattle Aircraft Certification Office (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: 9-ANM-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 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) For service information that contains steps that are labeled 

as Required for Compliance (RC), the provisions of paragraphs 

(i)(4)(i) and (i)(4)(ii) of this AD apply.

    (i) The steps labeled as RC, including substeps under an RC step 

and any figures identified in an RC step, must be done to comply 

with the AD. If a step or sub-step is labeled ``RC Exempt,'' then 

the RC requirement is removed from that step or sub-step. An AMOC is 

required for any deviations to RC steps, including substeps and 

identified figures.

    (ii) Steps not labeled as RC may be deviated from using accepted 

methods in accordance with the operator's maintenance or inspection 

program without obtaining approval of an AMOC, provided the RC 

steps, including substeps and identified figures, can still be done 

as specified, and the airplane can be put back in an airworthy 

condition.



(j) Related Information



    (1) For more information about this AD, contact Alan Pohl, 

Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 1601 

Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6450; fax: 

425-917-6590; email: alan.pohl@faa.gov.

    (2) Service information identified in this AD that is not 

incorporated by reference is available at the addresses specified in 

paragraphs (k)(3) and (k)(4) of this AD.



(k) Material Incorporated by Reference



    (1) The Director of the Federal Register approved the 

incorporation by reference (IBR) of the service information listed 

in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.

    (2) You must use this service information as applicable to do 

the actions required by this AD, unless the AD specifies otherwise.

    (i) Boeing Alert Service Bulletin 737-57A1327, Revision 1, dated 

September 28, 2016.

    (ii) Reserved.

    (3) For Boeing 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 FAA, Transport 

Standards Branch, 1601 Lind Ave SW., Renton, WA. For information on 

the availability of this material at the FAA, call 425-227-1221.

    (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: http://www.archives.gov/federal-register/cfr/ibr-locations.html.



    Issued in Renton, Washington, on July 26, 2017.

Jeffrey E. Duven,

Director, System Oversight Division, Aircraft Certification Service.

[FR Doc. 2017-16354 Filed 8-17-17; 8:45 am]

 BILLING CODE 4910-13-P




