[Federal Register Volume 84, Number 249 (Monday, December 30, 2019)]
[Rules and Regulations]
[Pages 71776-71778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28066]


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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; Amendment 
39-19810; AD 2019-23-16]
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 all 
The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 
series airplanes. This AD was prompted by a report of a fuel leak 
resulting from a crack on the left in-spar upper wing skin. This AD 
requires repetitive surface high frequency eddy current (HFEC) 
inspections of the left and right upper wing skin for any crack, 
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 issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective February 3, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 3, 
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-
0487.

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-
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 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: 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:

Discussion

    The FAA 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 July 8, 2019 (84 FR 32343). 
The NPRM was prompted by a report of a fuel leak resulting from a crack 
on the left in-spar upper wing skin. The NPRM proposed to require 
repetitive HFEC inspections of the left and right upper wing skin for 
any crack, 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 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.

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

    Boeing concurred with the NPRM.

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 Allow Later Revisions to the Service Information

    John Straiton requested that the FAA revise the proposed AD to 
allow the use of later revisions to the service information. The 
commenter pointed out that allowing the use of later revisions would 
make it easier for the operator to ensure compliance and that all 
maintenance is certified to the latest maintenance data. The commenter 
also mentioned that allowing the use of later revisions would make it 
unnecessary for operators to wait for new ADs that include the latest 
revisions to the service information, or for operators to request an 
AMOC that allows the use of the latest revisions to the service 
information. The commenter stated that this would reduce the delay in 
implementation of the latest revisions to the service information and 
also reduce the maintenance costs associated with the issuance of 
AMOCs. The commenter also pointed out that the European Union Aviation 
Safety Agency (EASA) incorporates similar language in its ADs.
    The FAA disagrees with the request to allow later revisions to the 
service information. The FAA may not refer to any document that does 
not yet exist in an AD. In general terms, the FAA is required by Office 
of the Federal Register (OFR) regulations for approval of materials 
incorporated by reference, as specified in 1 CFR 51.1(f), to either 
publish the service document contents as part of the actual AD 
language; or submit the service document to the OFR for approval as 
referenced material, in which case the FAA may only refer to such 
material in the text of an AD. The AD may refer to the service document 
only if the OFR approved it for incorporation by reference. See 1 CFR 
part 51.

[[Page 71777]]

    To allow operators to use later revisions of the referenced 
document (issued after publication of the AD), either the FAA must 
revise the AD to reference specific later revisions, or operators must 
request approval to use later revisions as an alternative method of 
compliance with this AD under the provisions of paragraph (j) of this 
AD.

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 change 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.
    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

    The FAA reviewed Boeing Alert Requirements Bulletin 737-57A1344 RB, 
dated February 18, 2019. This 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 
for any crack; 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.

Costs of Compliance

    The FAA estimates that this AD affects 160 airplanes of U.S. 
registry. The agency 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
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data that would enable the 
agency to provide cost estimates for the on-condition repair 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.
    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) 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 February 10, 2020  [Amended]

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

2019-23-16 The Boeing Company: Amendment 39-19810; Docket No. FAA-
2019-0487; Product Identifier 2019-NM-044-AD.

(a) Effective Date

    This AD is effective February 3, 2020.

(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 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

[[Page 71778]]

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) 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) 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

    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.

(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 737-57A1344 RB, dated 
February 18, 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 fedreg.legal@nara.gov, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on December 5, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-28066 Filed 12-27-19; 8:45 am]
BILLING CODE 4910-13-P


