[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)]
[Rules and Regulations]
[Pages 44199-44202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18658]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0272; Product Identifier 2018-NM-005-AD; Amendment 
39-19377; AD 2018-17-23]
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 a report indicating that during a 
fleet survey on a retired Model 737 airplane, cracking was found common 
to the number 3 windshield assembly, aft sill web. This AD requires, at 
certain locations, repetitive high frequency eddy current (HFEC) 
inspections of the number 3 windshield assembly, aft sill web; and 
applicable on-condition actions. We are issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective October 4, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 4, 
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

[[Page 44200]]

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 http://www.regulations.gov by searching 
for and locating Docket No. FAA-2018-0272.

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-
0272; 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: David Truong, Aerospace Engineer, 
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount 
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5224; 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 certain The Boeing Company 
Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. The 
NPRM published in the Federal Register on April 16, 2018 (83 FR 16243). 
The NPRM was prompted by a report indicating that during a fleet survey 
on a retired Model 737 airplane, cracking was found common to the 
number 3 windshield assembly, aft sill web. The NPRM proposed to 
require, at certain locations, repetitive HFEC inspections of the 
number 3 windshield assembly, aft sill web; and applicable on-condition 
actions.
    We are issuing this AD to address such cracking common to the 
number 3 windshield assembly, aft sill web, which could adversely 
affect the structural integrity of the windshield assembly.

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.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing the 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.

Request To Clarify Inspection Location

    Boeing requested that the language in the ``Related Service 
Information under 1 CFR part 51'' paragraph be clarified in the 
proposed AD. Boeing requested that we replace ``repetitive HFEC 
inspections of the number 3 windshield and of the aft sill web'' with 
``repetitive HFEC inspections of the number 3 windshield aft sill 
web.'' Boeing stated that there is no requirement in Boeing Alert 
Requirements Bulletin 737-53A1377 RB, dated December 11, 2017, to 
inspect the windshield with an HFEC inspection. Boeing commented that 
the only HFEC requirement in Boeing Alert Requirements Bulletin 737-
53A1377 RB, dated December 11, 2017, is to accomplish the HFEC 
inspections of the number 3 windshield aft sill web.
    We agree with the request to clarify the inspection location, for 
the reasons provided. We have revised the ``Summary and Related Service 
Information under 1 CFR part 51'' section, as well as the SUMMARY, of 
this final rule accordingly. For consistency within this AD and in 
response to the following Boeing comment, this AD specifies the 
``number 3 windshield assembly, aft sill web.''

Request To Clarify Location of Cracking

    Boeing requested that we clarify the unsafe condition in paragraph 
(e) of the NPRM. Boeing requested that we replace the language ``common 
to the windshield and aft sill web'' with ``common to the number 3 
windshield assembly, aft sill web.'' Boeing stated that the cracking in 
the aft sill web is at the fastener common to the aft sill web and the 
outer chord of the number 3 windshield assembly and is not actually 
common to the windshield.
    We agree with the request, for the reasons provided. We have 
revised paragraph (e) of this AD, as well as the SUMMARY and the 
Discussion section of this final rule, accordingly.

Request To Clarify Certain Language in the ``Exceptions to Service 
Information Specifications'' Paragraph

    Boeing requested that we revise paragraph (i)(2) of the 
``Exceptions to Service Information Specifications'' paragraph in the 
proposed AD. Boeing requested that we replace the language ``specifies 
contacting Boeing'' with ``specifies contacting Boeing for repair 
instructions.'' Boeing commented that this addition adds clarity.
    We agree with the request and have revised this AD to clarify the 
requirements accordingly.

Explanation of Change to Applicability Description

    The applicability of the proposed AD referred to affected airplanes 
identified in Boeing Alert Requirements Bulletin 737-53A1377 RB, dated 
December 11, 2017. The effectivity in the service information is 
identified in terms of line numbers. Since those line numbers include 
all airplanes of the affected models, we have revised the applicability 
in this AD as all Model 737-100, -200, -200C, -300, -400, and -500 
series airplanes.

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 737-53A1377 RB, 
dated December 11, 2017. The service information describes procedures 
for repetitive HFEC inspections of the number 3 windshield assembly, 
aft sill web at station 254.6, between stringers S-9 and S-11 on the 
left- and right-hand sides; and applicable on-condition actions. This 
service information is reasonably available because the interested 
parties

[[Page 44201]]

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 63 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
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                                                                                                Cost on U.S.
             Action                     Labor cost        Parts cost    Cost per product          operators
----------------------------------------------------------------------------------------------------------------
HFEC inspection.................  4 work-hours x $85              $0  $340 per inspection   $21,420 per
                                   per hour = $340 per                 cycle.                inspection cycle.
                                   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 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):

2018-17-23 The Boeing Company: Amendment 39-19377; Docket No. FAA-
2018-0272; Product Identifier 2018-NM-005-AD.

(a) Effective Date

    This AD is effective October 4, 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 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 a report indicating that during a fleet 
survey on a retired Model 737 airplane, cracking was found common to 
the number 3 windshield assembly, aft sill web. We are issuing this 
AD to address such cracking at this location, which could adversely 
affect the structural integrity of the windshield assembly.

(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 737-53A1377 RB, dated December 11, 2017: Within 120 days 
after the effective date of this AD, do an inspection to correct the 
unsafe condition, 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 737-53A1377 RB, dated December 11, 2017: Except as required 
by paragraph (i) of this AD, at the applicable times specified in 
the ``Compliance'' paragraph of Boeing Alert Requirements Bulletin 
737-53A1377 RB, dated December 11, 2017, do all applicable actions 
identified in, and in accordance with, the Accomplishment 
Instructions of Boeing Alert Requirements Bulletin 737-53A1377 RB, 
dated December 11, 2017.

    Note 1 to paragraph (h) of this AD:  Guidance for accomplishing 
the actions required by this AD can be found in Boeing Alert Service 
Bulletin 737-53A1377, dated December 11, 2017, which is referred to 
in Boeing Alert Requirements Bulletin 737-53A1377 RB, dated December 
11, 2017.

(i) Exceptions to Service Information Specifications

    (1) For purposes of determining compliance with the requirements 
of this AD: Where Boeing Alert Requirements Bulletin 737-53A1377 RB, 
dated December 11, 2017, uses the phrase ``the original issue date 
of Requirements Bulletin 737-53A1377 RB,'' this AD requires using 
``the effective date of this AD.''
    (2) Where Boeing Alert Requirements Bulletin 737-53A1377 RB, 
dated December 11, 2017, specifies contacting Boeing for

[[Page 44202]]

repair instructions, 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) 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

    For more information about this AD, contact David Truong, 
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5224; fax: 562-627-5210; email: [email protected].

(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 737-53A1377 RB, dated 
December 11, 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 August 17, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-18658 Filed 8-29-18; 8:45 am]
 BILLING CODE 4910-13-P


