[Federal Register Volume 84, Number 130 (Monday, July 8, 2019)]
[Proposed Rules]
[Pages 32343-32346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14285]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0487; Product Identifier 2019-NM-044-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all The Boeing Company Model 737-100, -200, -200C, -300, -400, and 
-500 series airplanes. This proposed AD was prompted by a report of a 
fuel leak resulting from a crack on the left in-spar upper wing skin. 
This proposed AD would require repetitive surface high frequency eddy 
current (HFEC) inspections of the left and right upper wing skin, and 
repetitive general visual inspections of the upper wing skin in the 
adjacent rib bay areas for any crack, and applicable on-condition 
actions. The FAA is proposing this AD to address the unsafe condition 
on these products.

DATES: The FAA must receive comments on this proposed AD by August 22, 
2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

[[Page 32344]]

    For service information identified in this NPRM, contact Boeing 
Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; 
telephone 562-797-1717; internet https://www.myboeingfleet.com. You may 
view this referenced service information at the FAA, Transport 
Standards Branch, 2200 South 216th St., Des Moines, WA. For information 
on the availability of this material at the FAA, call 206-231-3195. It 
is also available on the internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2019-0487.

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-2019-
0487; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this NPRM, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations is listed above. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: 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: payman.soltani@faa.gov.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2019-0487; 
Product Identifier 2019-NM-044-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The agency 
will consider all comments received by the closing date and may amend 
this NPRM because of those comments.
    The FAA will post all comments, without change, to http://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact the agency receives about this proposed AD.

Discussion

    The FAA has received an operator report of a fuel leak resulting 
from a crack on the left in-spar upper wing skin. The crack was found 
at wing buttock line 157, between stringer 4 and stringer 5 and 
measured approximately 2.5 inches in length. The crack was caused by 
higher local stress than predicted, possibly attributable to fit-up 
issues from the rib installation. This condition, if not addressed, 
could result in a crack in the upper wing skin growing undetected, 
which could result in the inability of the structure to carry limit 
load and adversely affect the structural integrity of the airplane.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin 737-57A1344 RB, 
dated February 18, 2019. The service information describes procedures 
for repetitive surface HFEC inspections of the left and right upper 
wing skin at wing buttock line 157, between stringer 4 and stringer 5, 
and repetitive general visual inspections of the upper wing skin in the 
adjacent rib bay areas for any crack, and applicable on-condition 
actions. On-condition actions include 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.

FAA's Determination

    The FAA is proposing this AD because the agency evaluated all the 
relevant information and determined the unsafe condition described 
previously is likely to exist or develop in other products of the same 
type design.

Proposed AD Requirements

    This proposed AD would require accomplishment of the actions 
identified in Boeing Alert Requirements Bulletin 737-57A1344 RB, dated 
February 18, 2019, described previously, except for any differences 
identified as exceptions in the regulatory text of this proposed AD.
    For information on the procedures and compliance times, see this 
service information at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2019-0487.

Explanation of Requirements Bulletin

    The FAA worked in conjunction with industry, under the 
Airworthiness Directive Implementation Aviation Rulemaking Committee 
(AD ARC), to enhance the AD system. One enhancement is a process for 
annotating which steps in the service information are ``required for 
compliance'' (RC) with an AD. Boeing has implemented this RC concept 
into Boeing service bulletins.
    In an effort to further improve the quality of ADs and AD-related 
Boeing service information, a joint process improvement initiative was 
worked between the FAA and Boeing. The initiative resulted in the 
development of a new process in which the service information more 
clearly identifies the actions needed to address the unsafe condition 
in the ``Accomplishment Instructions.'' The new process results in a 
Boeing Requirements Bulletin, which contains only the actions needed to 
address the unsafe condition (i.e., only the RC actions).

Costs of Compliance

    The FAA estimates that this proposed AD affects 160 airplanes of 
U.S. registry. The agency estimates the following costs to comply with 
this proposed 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 and General        1 work-hour x $85                $0  $85 per inspection   $13,600 per
 Visual Inspection.                 per hour = $85 per                   cycle.               inspection cycle.
                                    inspection cycle.
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    The FAA has received no definitive data that would enable the 
agency to provide cost estimates for the on-condition repair specified 
in this proposed 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,

[[Page 32345]]

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.
    This proposed 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

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

The Boeing Company: Docket No. FAA-2019-0487; Product Identifier 
2019-NM-044-AD.

(a) Comments Due Date

    The FAA must receive comments by August 22, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 737-100, -200, -
200C, -300, -400, and -500 series airplanes, certificated in any 
category.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by a report of a fuel leak resulting from a 
crack on the left in-spar upper wing skin. The FAA is issuing this 
AD to address cracks in the upper wing skin, which could grow 
undetected. This condition, if not addressed, could result in the 
inability of the structure to carry limit load and adversely affect 
the structural integrity of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions for Group 1 Airplanes

    For airplanes identified as Group 1 in Boeing Alert Requirements 
Bulletin 737-57A1344 RB, dated February 18, 2019: Within 120 days 
after the effective date of this AD, do a surface high frequency 
eddy current (HFEC) inspection of the left and right upper wing skin 
and a general visual inspection of the upper wing skin in the 
adjacent rib bay areas for any crack, and do applicable on-condition 
actions, using a method approved in accordance with the procedures 
specified in paragraph (j) of this AD.

(h) Required Actions for Groups 2 and 3 Airplanes

    Except as specified by paragraph (i) of this AD: At the 
applicable times specified in the ``Compliance'' paragraph of Boeing 
Alert Requirements Bulletin 737-57A1344 RB, dated February 18, 2019, 
do all applicable actions identified in, and in accordance with, the 
Accomplishment Instructions of Boeing Alert Requirements Bulletin 
737-57A1344 RB, dated February 18, 2019.

    Note 1 to paragraph (h): Guidance for accomplishing the actions 
required by this AD can be found in Boeing Alert Service Bulletin 
737-57A1344, dated February 18, 2019, which is referred to in Boeing 
Alert Requirements Bulletin 737-57A1344 RB, dated February 18, 2019.

(i) Exceptions to Service Information Specifications

    (1) For purposes of determining compliance with the requirements 
of this AD: Where Boeing Alert Requirements Bulletin 737-57A1344 RB, 
dated February 18, 2019, uses the phrase ``the original issue date 
of Requirements Bulletin 737-57A1344 RB,'' this AD requires using 
``the effective date of this AD.''
    (2) Where Boeing Alert Requirements Bulletin 737-57A1344 RB, 
dated February 18, 2019, specifies contacting Boeing for repair 
instructions: This AD requires doing the 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: 9-ANM-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 inspection, 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 inspection, 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-
5313; fax: 562-627-5210; email: payman.soltani@faa.gov.
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Contractual & Data Services 
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; internet https://www.myboeingfleet.com. You may view this referenced service 
information at the FAA, Transport Standards Branch, 2200 South 216th 
St., Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195.


[[Page 32346]]


    Issued in Des Moines, Washington, on June 24, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-14285 Filed 7-5-19; 8:45 am]
 BILLING CODE 4910-13-P


