[Federal Register Volume 83, Number 111 (Friday, June 8, 2018)]
[Rules and Regulations]
[Pages 26556-26559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12279]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0074; Product Identifier 2017-NM-148-AD; Amendment 
39-19309; AD 2018-12-05]
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 all The 
Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series 
airplanes. This AD was prompted by reports of cracks found in the rear 
spar web and lower chord on the left and right wings. This AD requires 
repetitive detailed inspections for cracking of the rear spar web and 
lower chord, and applicable on-condition actions. We are issuing this 
AD to address the unsafe condition on these products.

DATES: This AD is effective July 13, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 13, 
2018.

ADDRESSES: For service information identified in this final rule, 
contact Boeing Commercial Airplanes, Attention: Contractual & Data 
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 
90740-5600; telephone 562-797-1717; internet https://www.myboeingfleet.com. You may view this service information at the 
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. 
For information on the availability of this material at the FAA, call 
206-231-3195.

[[Page 26557]]

It is also available on the internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2018-0074.

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-2018-
0074; 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 (phone: 800-647-
5527) is Docket Operations, 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: Payman Soltani, Aerospace Engineer, 
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount 
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5313; fax: 562-627-
5210; email: [email protected].

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 all The Boeing Company 
Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. The 
NPRM published in the Federal Register on February 9, 2018 (83 FR 
5743). The NPRM was prompted by reports of cracks found in the rear 
spar web and lower chord on the left and right wings. The NPRM proposed 
to require repetitive detailed inspections for cracking of the rear 
spar web and lower chord, and applicable on-condition actions.
    We are issuing this AD to address cracks in the rear spar of the 
left and right wing between wing buttock line (WBL) 91 and WBL 155, 
which could lead to the inability of a principal structural element to 
sustain required flight loads and adversely affect the structural 
integrity of the airplane.

Comments

    We 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

    The Boeing Company stated its support for the NPRM.

Request To Require the Same Grace Period Regardless of Inspection 
Method

    Southwest Airlines (Southwest), requested that we revise paragraph 
(h) of the proposed AD, which refers to the ``Compliance'' section of 
Boeing Alert Requirements Bulletin 737-57A1337 RB, dated September 14, 
2017, regarding the different compliance times for the two inspection 
methods given in Table 1 of the ``Compliance'' section for Group 2 
airplanes. Southwest stated that the planned inspection method should 
have no bearing on the timing of the inspection, and therefore the 
compliance times should be the same for both options. They did not 
specify which of the two compliance times they would favor.
    We acknowledge the commenter's request. While the compliance times 
for inspections are not normally dependent on the planned inspection 
method, in this case, the initial compliance times were adjusted to 
account for differences in the probability of detection using a visual 
inspection versus an eddy current inspection. Because an eddy current 
inspection is more capable of detecting smaller cracks than a visual 
inspection, the initial compliance time was shortened for those 
airplanes that are inspected using the visual inspection option. We 
have not changed this AD in this regard.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that the installation of winglets 
using Supplemental Type Certificate (STC) ST01219SE does not affect the 
actions specified in the NPRM.
    We agree with the commenter. We have 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.

Conclusion

    We 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. We have 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.
    We 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

    We reviewed Boeing Alert Requirements Bulletin 737-57A1337 RB, 
dated September 14, 2017. This service information describes procedures 
for repetitive detailed or surface High Frequency Eddy Current (HFEC) 
inspections for cracking of the rear spar web and lower chord, and 
applicable on-condition 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 160 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
         Action              Labor cost      Parts cost       Cost per product         Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Inspections.............  Up to 22 work-               $0  Up to $1,870 per        Up to $299,200 per inspection
                           hours x $85                      inspection cycle.       cycle.
                           per hour = up
                           to $1,870 per
                           inspection
                           cycle.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue

[[Page 26558]]

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 and 
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) 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):

2018-12-05 The Boeing Company: Amendment 39-19309; Docket No. FAA-
2018-0074; Product Identifier 2017-NM-148-AD.

(a) Effective Date

    This AD is effective July 13, 2018.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to all The Boeing Company Model 737-100, -
200, -200C, -300, -400, and -500 series airplanes, certificated in 
any category.
    (2) Installation of Supplemental Type Certificate (STC) 
ST01219SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/
rgstc.nsf/0/ebd1cec7b301293e86257cb30045557a/$FILE/ST01219SE.pdf) 
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 57, Wings.

(e) Unsafe Condition

    This AD was prompted by reports of cracks found in the rear spar 
web and lower chord on the left and right wings. We are issuing this 
AD to detect and correct cracks in the rear spar of the left and 
right wing between wing buttock line (WBL) 91 and WBL 155, which 
could lead to the inability of a principal structural element to 
sustain required flight loads 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 for Group 1 Airplanes

    For airplanes identified as Group 1 in Boeing Alert Requirements 
Bulletin 737-57A1337 RB, dated September 14, 2017: Within 120 days 
after the effective date of this AD, inspect the airplane and do all 
applicable corrective actions using a method approved in accordance 
with the procedures specified in paragraph (j) of this AD.

(h) Required Actions for Group 2 Airplanes

    For airplanes identified as Group 2 in Boeing Alert Requirements 
Bulletin 737-57A1337 RB, dated September 14, 2017: Except as 
required by paragraph (i) of this AD, at the applicable times 
specified in the ``Compliance'' section of Boeing Alert Requirements 
Bulletin 737-57A1337 RB, dated September 14, 2017, do all applicable 
actions identified in, and in accordance with, the Accomplishment 
Instructions of Boeing Alert Requirements Bulletin 737-57A1337 RB, 
dated September 14, 2017.

    Note 1 to paragraph (h) of this AD: Guidance for accomplishing 
the actions required by this AD is included in Boeing Alert Service 
Bulletin 737-57A1337, dated September 14, 2017, which is referred to 
in Boeing Alert Requirements Bulletin 737-57A1337 RB, dated 
September 14, 2017.

(i) Exceptions to Service Information Specifications

    (1) For purposes of determining compliance with the requirements 
of this AD: Where Boeing Alert Requirements Bulletin 737-57A1337 RB, 
dated September 14, 2017, uses the phrase ``the original issue date 
of Requirements Bulletin 737-57A1337 RB,'' this AD requires using 
``the effective date of this AD.''
    (2) Where Boeing Alert Requirements Bulletin 737-57A1337 RB, 
dated September 14, 2017, specifies contacting Boeing, this AD 
requires repair using a method approved in accordance with the 
procedures specified in paragraph (j) of this AD.

(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 Commercial Airplanes Organization 
Designation Authorization (ODA) that has been authorized by the 
Manager, Los Angeles 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.

(k) Related Information

    (1) For more information about this AD, contact Payman Soltani, 
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-

[[Page 26559]]

5313; 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 (l)(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 737-57A1337 RB, dated 
September 14, 2017.
    (ii) Reserved.
    (3) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Contractual & Data Services 
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport 
Standards Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 
206-231-3195.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on May 31, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-12279 Filed 6-7-18; 8:45 am]
BILLING CODE 4910-13-P


