82_FR_11165 82 FR 11132 - Airworthiness Directives; The Boeing Company Airplanes

82 FR 11132 - Airworthiness Directives; The Boeing Company Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 33 (February 21, 2017)

Page Range11132-11134
FR Document2017-01825

We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 737-300, -400, and -500 series airplanes. This AD was prompted by reports of intergranular cracks on the front spar chord lugs of the outboard horizontal stabilizer. This AD requires repetitive inspections of the front spar chord lugs and lug bores of the horizontal stabilizer, and repair if necessary. We are issuing this AD to address the unsafe condition on these products.

Federal Register, Volume 82 Issue 33 (Tuesday, February 21, 2017)
[Federal Register Volume 82, Number 33 (Tuesday, February 21, 2017)]
[Rules and Regulations]
[Pages 11132-11134]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01825]


=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6426; Directorate Identifier 2016-NM-023-AD; 
Amendment 39-18791; AD 2017-02-12]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all The 
Boeing Company Model 737-300, -400, and -500 series airplanes. This AD 
was prompted by reports of intergranular cracks on the front spar chord 
lugs of the outboard horizontal stabilizer. This AD requires repetitive 
inspections of the front spar chord lugs and lug bores of the 
horizontal stabilizer, and repair if necessary. We are issuing this AD 
to address the unsafe condition on these products.

DATES: This AD is effective March 28, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 28, 
2017.

ADDRESSES: For service information identified in this final rule, 
contact Boeing Commercial Airplanes, Attention: Data & Services 
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone: 
206-544-5000, extension 1; fax: 206-766-5680; Internet: https://www.myboeingfleet.com. You may view this referenced service information 
at the FAA, Transport Airplane Directorate, 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-
6426.

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-
6426; 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: Payman Soltani, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification 
Office (ACO), 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 737-300, -400, and -500 series airplanes. The NPRM published in 
the Federal Register on May 10, 2016 (81 FR 28774) (``the NPRM''). The 
NPRM was prompted by reports of intergranular cracks on the front spar 
chord lugs of the outboard horizontal stabilizer. The NPRM proposed to 
require repetitive inspections of the front spar chord lugs and lug 
bores of the horizontal stabilizer, and repair if necessary. We are 
issuing this AD to detect and correct cracking of the front spar chord 
lugs of the horizontal stabilizer. Such cracking could cause stabilizer 
instability, adversely affect controllability of the airplane, and 
adversely affect the structural integrity of the airplane.

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

    Boeing had no objection to the NPRM.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing Supplemental 
Type

[[Page 11133]]

Certificate (STC) ST01219SE does not affect the ability to accomplish 
the actions specified in the proposed AD.
    We concur with the commenter. We have redesignated paragraph (c) of 
the proposed AD as paragraph (c)(1) 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 Revise Compliance Time

    All Nippon Airways (ANA) requested that we revise paragraph (i) of 
the proposed AD to provide a grace period of 27 months after the 
effective date of the AD in which to accomplish the initial inspection 
on horizontal stabilizers, including replacement horizontal 
stabilizers. ANA stated that these revisions would reduce the burden on 
operators. ANA proposed new, complex language for paragraph (i) of the 
proposed AD that would incorporate their proposal.
    We partially agree. We agree that the 27-month after the effective 
date of this AD grace period applies to replacement horizontal 
stabilizers. However, we do not agree to add a grace period of 27 
months to paragraph (i) of this AD or to incorporate ANA's proposed 
language. We have revised paragraph (i) of this AD to clarify the 
provisions to address ANA's concern and to align more closely with the 
language used in similar ADs.
    The compliance time in paragraph (g) of this AD applies to all 
horizontal stabilizers, including those installed after the effective 
date of this AD. Because the unsafe condition is related to corrosion, 
the compliance times in this AD are measured in months. Therefore, time 
accumulated on a horizontal stabilizer on and off an airplane applies 
to the initial compliance time and the repetitive inspection interval. 
A horizontal stabilizer that is off the airplane when the next 
inspection is due is not required to be inspected until it is ready to 
be installed on the airplane.

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.
    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 737-55A1092, dated August 
7, 2015. The service information describes procedures for inspections 
for corrosion and cracking of the front spar chord lugs of the 
horizontal stabilizer, and inspections for corrosion of the lug bores. 
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 346 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
          Action                   Labor cost            Parts cost      Cost per product         operators
----------------------------------------------------------------------------------------------------------------
Inspections..............  14 work-hours x $85 per                $0   $1,190 per            $411,740 per
                            hour = $1,190 per                           inspection 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.

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):


[[Page 11134]]


2017-02-12 The Boeing Company: Amendment 39-18791; Docket No. FAA-
2016-6426; Directorate Identifier 2016-NM-023-AD.

(a) Effective Date

    This AD is effective March 28, 2017.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to all The Boeing Company Model 737-300, -
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 55, Stabilizers.

(e) Unsafe Condition

    This AD was prompted by reports of intergranular cracks on the 
front spar chord lugs of the outboard horizontal stabilizer. We are 
issuing this AD to detect and correct cracking of the front spar 
chord lugs of the horizontal stabilizer. Such cracking could cause 
stabilizer instability, adversely affect controllability of the 
airplane, and adversely affect the structural integrity of the 
airplane.

(f) Compliance

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

(g) Repetitive Inspections and Repairs

    Within 27 months after the effective date of this AD: Do the 
actions required by paragraphs (g)(1) and (g)(2) of this AD, and do 
all applicable repairs, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin 737-55A1092, dated 
August 7, 2015, except as required by paragraph (h) of this AD. Do 
all applicable repairs before further flight. Repeat the inspections 
specified in paragraphs (g)(1) and (g)(2) of this AD thereafter at 
the applicable intervals specified in paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 737-55A1092, dated 
August 7, 2015.
    (1) Do a detailed inspection for corrosion and an ultrasonic 
inspection for cracking of the front spar chord lugs of the left and 
right horizontal stabilizers.
    (2) Do a detailed inspection for corrosion of the lug bores of 
the front spar chord of the left and right horizontal stabilizers.

(h) Service Information Exception

    Where Boeing Alert Service Bulletin 737-55A1092, dated August 7, 
2015, specifies to contact Boeing for appropriate action, and 
specifies that action as ``RC'' (Required for Compliance): Before 
further flight, repair using a method approved in accordance with 
the procedures specified in paragraph (j) of this AD.

(i) Parts Installation Limitation

    As of the effective date of this AD: A horizontal stabilizer may 
be installed on any airplane, provided all applicable actions 
required by the introductory text of paragraph (g) and paragraphs 
(g)(1) and (g)(2) of this AD are done within the compliance times 
specified in the introductory text of paragraph (g) of this AD, and 
in accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 737-55A1092, dated August 7, 2015, except as 
required by paragraph (h) of this AD.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles Aircraft Certification Office 
(ACO), 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 ACO, 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, 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) Except as required by paragraph (h) of this AD: For service 
information that contains steps that are labeled as RC, the 
provisions of paragraphs (j)(4)(i) and (j)(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 substep is labeled ``RC Exempt,'' then the 
RC requirement is removed from that step or substep. 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.

(k) Related Information

    For more information about this AD, contact Payman Soltani, 
Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles ACO, 
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5313; 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 Service Bulletin 737-55A1092, dated August 7, 
2015.
    (ii) Reserved.
    (3) For Boeing service information identified in this AD, 
contact Boeing Commercial Airplanes, Attention: Data & Services 
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; 
telephone: 206-544-5000, extension 1; fax: 206-766-5680; Internet: 
https://www.myboeingfleet.com.
    (4) You may view this service information at FAA, Transport 
Airplane Directorate, 1601 Lind Avenue 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 January 17, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-01825 Filed 2-17-17; 8:45 am]
BILLING CODE 4910-13-P



                                             11132            Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Rules and Regulations

                                             Assistant to the President and Chief of                 believes that affected parties need to be             Examining the AD Docket
                                             Staff entitle ‘‘regulatory Freeze Pending               informed as soon as possible of the                     You may examine the AD docket on
                                             Review’’, FNS is delaying the effective                 extensions and their length.                          the Internet at http://
                                             dates by 60 days and extending the                        Dated: February 8, 2017.                            www.regulations.gov by searching for
                                             comment period by 30 days for this rule                 Jessica Shahin,                                       and locating Docket No. FAA–2016–
                                             as noted under the DATES section to                                                                           6426; or in person at the Docket
                                                                                                     Acting Administrator, Food and Nutrition
                                             ensure that the public has sufficient                                                                         Management Facility between 9 a.m.
                                                                                                     Service.
                                             time to review and comment on the                                                                             and 5 p.m., Monday through Friday,
                                                                                                     [FR Doc. 2017–03337 Filed 2–17–17; 8:45 am]
                                             rule.                                                                                                         except Federal holidays. The AD docket
                                                The January 6, 2017 rule amends the                  BILLING CODE 3410–30–P
                                                                                                                                                           contains this AD, the regulatory
                                             SNAP regulations to: Exclude military
                                                                                                                                                           evaluation, any comments received, and
                                             combat pay from the income of SNAP
                                             households; raise the minimum                                                                                 other information. The address for the
                                                                                                     DEPARTMENT OF TRANSPORTATION                          Docket Office (phone: 800–647–5527) is
                                             standard deduction and the minimum
                                             benefit for small households; eliminate                                                                       Docket Management Facility, U.S.
                                                                                                     Federal Aviation Administration
                                             the cap on the deduction for dependent                                                                        Department of Transportation, Docket
                                             care expenses; index resource limits to                                                                       Operations, M–30, West Building
                                                                                                     14 CFR Part 39
                                             inflation; exclude retirement and                                                                             Ground Floor, Room W12–140, 1200
                                             education accounts from countable                       [Docket No. FAA–2016–6426; Directorate                New Jersey Avenue SE., Washington,
                                             resources; clarify reporting requirements               Identifier 2016–NM–023–AD; Amendment                  DC 20590.
                                             under simplified reporting; permit                      39–18791; AD 2017–02–12]                              FOR FURTHER INFORMATION CONTACT:
                                             States to provide transitional benefits to                                                                    Payman Soltani, Aerospace Engineer,
                                                                                                     RIN 2120–AA64                                         Airframe Branch, ANM–120L, FAA, Los
                                             households leaving State-funded cash
                                             assistance programs; allow States to                                                                          Angeles Aircraft Certification Office
                                                                                                     Airworthiness Directives; The Boeing
                                             establish telephonic and gestured                                                                             (ACO), 3960 Paramount Boulevard,
                                                                                                     Company Airplanes
                                             signature systems; permit States to use                                                                       Lakewood, CA 90712–4137; phone:
                                             E&T funds to provide job retention                      AGENCY:  Federal Aviation                             562–627–5313; fax: 562–627–5210;
                                             services; and update requirements                       Administration (FAA), DOT.                            email: Payman.Soltani@faa.gov.
                                             regarding the E&T funding cycle. These                  ACTION: Final rule.                                   SUPPLEMENTARY INFORMATION:
                                             provisions are intended to more
                                             accurately reflect needs, reduce barriers               SUMMARY:   We are adopting a new                      Discussion
                                             to participation, and improve efficiency                airworthiness directive (AD) for all The                 We issued a notice of proposed
                                             in the administration of the program.                   Boeing Company Model 737–300, –400,                   rulemaking (NPRM) to amend 14 CFR
                                             This rule also replaces outdated                        and –500 series airplanes. This AD was                part 39 by adding an AD that would
                                             language in SNAP certification                          prompted by reports of intergranular                  apply to all The Boeing Company Model
                                             regulations with the new program name                   cracks on the front spar chord lugs of                737–300, –400, and –500 series
                                             and updates procedures for accessing                    the outboard horizontal stabilizer. This              airplanes. The NPRM published in the
                                             SNAP benefits in drug and alcohol                       AD requires repetitive inspections of the             Federal Register on May 10, 2016 (81
                                             treatment centers and group living                      front spar chord lugs and lug bores of                FR 28774) (‘‘the NPRM’’). The NPRM
                                             arrangements with use of electronic                     the horizontal stabilizer, and repair if              was prompted by reports of
                                             benefit transfer (EBT) cards. This rule                 necessary. We are issuing this AD to                  intergranular cracks on the front spar
                                             provides States with regulatory options                 address the unsafe condition on these                 chord lugs of the outboard horizontal
                                             for conducting telephone interviews in                  products.                                             stabilizer. The NPRM proposed to
                                             lieu of face-to-face interviews and for                                                                       require repetitive inspections of the
                                                                                                     DATES:  This AD is effective March 28,
                                             averaging student work hours.                                                                                 front spar chord lugs and lug bores of
                                                Finally, the Department issued a                     2017.
                                                                                                       The Director of the Federal Register                the horizontal stabilizer, and repair if
                                             portion of the rule as an interim final                                                                       necessary. We are issuing this AD to
                                             rule (with a request for additional                     approved the incorporation by reference
                                                                                                     of a certain publication listed in this AD            detect and correct cracking of the front
                                             comment) that will require that drug                                                                          spar chord lugs of the horizontal
                                             and alcohol treatment and group living                  as of March 28, 2017.
                                                                                                                                                           stabilizer. Such cracking could cause
                                             arrangements (GLA) centers to: Submit                   ADDRESSES: For service information
                                                                                                                                                           stabilizer instability, adversely affect
                                             completed change report forms to the                    identified in this final rule, contact                controllability of the airplane, and
                                             State agency when a resident leaves the                 Boeing Commercial Airplanes,                          adversely affect the structural integrity
                                             center; notify the State agency within 5                Attention: Data & Services Management,                of the airplane.
                                             days when the center is not able to                     P.O. Box 3707, MC 2H–65, Seattle, WA
                                             provide the resident with their EBT card                98124–2207; telephone: 206–544–5000,                  Comments
                                             at departure; and return EBT cards to                   extension 1; fax: 206–766–5680;                         We gave the public the opportunity to
                                             residents with pro-rated benefits based                 Internet: https://                                    participate in developing this AD. The
                                             up on the date of their departure.                      www.myboeingfleet.com. You may view                   following presents the comments
                                                To the extent that 5 U.S.C. 553(b)(A)                this referenced service information at                received on the NPRM and the FAA’s
                                             applies to this action, it is exempt from               the FAA, Transport Airplane                           response to each comment.
                                             notice and comment rulemaking for                       Directorate, 1601 Lind Avenue SW.,
                                             good cause and for reasons cited above,                 Renton, WA. For information on the                    Support for the NPRM
rmajette on DSK2TPTVN1PROD with RULES




                                             FNS finds that notice and solicitation of               availability of this material at the FAA,                Boeing had no objection to the NPRM.
                                             comment regarding the brief extension                   call 425–227–1221. It is also available
                                             of the effective dates and comment                      on the Internet at http://                            Effect of Winglets on Accomplishment
                                             period are impracticable, unnecessary,                  www.regulations.gov by searching for                  of the Proposed Actions
                                             or contrary to the public interest                      and locating Docket No. FAA–2016–                       Aviation Partners Boeing stated that
                                             pursuant to 5 U.S.C. 553(b)(B). FNS                     6426.                                                 accomplishing Supplemental Type


                                        VerDate Sep<11>2014   14:42 Feb 17, 2017   Jkt 241001   PO 00000   Frm 00002   Fmt 4700   Sfmt 4700   E:\FR\FM\21FER1.SGM   21FER1


                                                               Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Rules and Regulations                                           11133

                                             Certificate (STC) ST01219SE does not                    horizontal stabilizers. However, we do                  • Are consistent with the intent that
                                             affect the ability to accomplish the                    not agree to add a grace period of 27                 was proposed in the NPRM for
                                             actions specified in the proposed AD.                   months to paragraph (i) of this AD or to              correcting the unsafe condition; and
                                                We concur with the commenter. We                     incorporate ANA’s proposed language.                    • Do not add any additional burden
                                             have redesignated paragraph (c) of the                  We have revised paragraph (i) of this AD              upon the public than was already
                                             proposed AD as paragraph (c)(1) and                     to clarify the provisions to address                  proposed in the NPRM.
                                             added paragraph (c)(2) to this AD to                    ANA’s concern and to align more
                                             state that installation of STC ST01219SE                closely with the language used in                       We also determined that these
                                             does not affect the ability to accomplish               similar ADs.                                          changes will not increase the economic
                                             the actions required by this AD.                           The compliance time in paragraph (g)               burden on any operator or increase the
                                             Therefore, for airplanes on which STC                   of this AD applies to all horizontal                  scope of this AD.
                                             ST01219SE is installed, a ‘‘change in                   stabilizers, including those installed                Related Service Information Under
                                             product’’ alternative method of                         after the effective date of this AD.                  1 CFR Part 51
                                             compliance (AMOC) approval request is                   Because the unsafe condition is related
                                             not necessary to comply with the                        to corrosion, the compliance times in                   We reviewed Boeing Alert Service
                                             requirements of 14 CFR 39.17.                           this AD are measured in months.                       Bulletin 737–55A1092, dated August 7,
                                                                                                     Therefore, time accumulated on a                      2015. The service information describes
                                             Request To Revise Compliance Time
                                                                                                     horizontal stabilizer on and off an                   procedures for inspections for corrosion
                                               All Nippon Airways (ANA) requested                    airplane applies to the initial                       and cracking of the front spar chord lugs
                                             that we revise paragraph (i) of the                     compliance time and the repetitive                    of the horizontal stabilizer, and
                                             proposed AD to provide a grace period                   inspection interval. A horizontal                     inspections for corrosion of the lug
                                             of 27 months after the effective date of                stabilizer that is off the airplane when              bores. This service information is
                                             the AD in which to accomplish the                       the next inspection is due is not                     reasonably available because the
                                             initial inspection on horizontal                        required to be inspected until it is ready            interested parties have access to it
                                             stabilizers, including replacement                      to be installed on the airplane.                      through their normal course of business
                                             horizontal stabilizers. ANA stated that                                                                       or by the means identified in the
                                             these revisions would reduce the                        Conclusion
                                                                                                                                                           ADDRESSES section.
                                             burden on operators. ANA proposed                         We reviewed the relevant data,
                                             new, complex language for paragraph (i)                 considered the comments received, and                 Costs of Compliance
                                             of the proposed AD that would                           determined that air safety and the
                                             incorporate their proposal.                             public interest require adopting this AD                We estimate that this AD affects 346
                                               We partially agree. We agree that the                 with the changes described previously                 airplanes of U.S. registry.
                                             27-month after the effective date of this               and minor editorial changes. We have                    We estimate the following costs to
                                             AD grace period applies to replacement                  determined that these minor changes:                  comply with this AD:
                                                                                                                  ESTIMATED COSTS
                                                   Action                                 Labor cost                                Parts cost          Cost per product          Cost on U.S. operators

                                             Inspections ........   14 work-hours × $85 per hour = $1,190 per inspec-                   $0          $1,190 per inspection       $411,740 per inspection
                                                                      tion cycle.                                                                     cycle.                      cycle



                                               We have received no definitive data                   that is likely to exist or develop on                 under the criteria of the Regulatory
                                             that would enable us to provide cost                    products identified in this rulemaking                Flexibility Act.
                                             estimates for the on-condition actions                  action.
                                                                                                                                                           List of Subjects in 14 CFR Part 39
                                             specified in this AD.
                                                                                                     Regulatory Findings
                                             Authority for This Rulemaking                                                                                   Air transportation, Aircraft, Aviation
                                                                                                       This AD will not have federalism                    safety, Incorporation by reference,
                                                Title 49 of the United States Code                   implications under Executive Order                    Safety.
                                             specifies the FAA’s authority to issue                  13132. This AD will not have a
                                             rules on aviation safety. Subtitle I,                   substantial direct effect on the States, on           Adoption of the Amendment
                                             section 106, describes the authority of                 the relationship between the national
                                                                                                     government and the States, or on the                    Accordingly, under the authority
                                             the FAA Administrator. Subtitle VII:
                                                                                                     distribution of power and                             delegated to me by the Administrator,
                                             Aviation Programs, describes in more
                                                                                                     responsibilities among the various                    the FAA amends 14 CFR part 39 as
                                             detail the scope of the Agency’s
                                                                                                     levels of government.                                 follows:
                                             authority.
                                                We are issuing this rulemaking under                   For the reasons discussed above, I                  PART 39—AIRWORTHINESS
                                             the authority described in Subtitle VII,                certify that this AD:                                 DIRECTIVES
                                             Part A, Subpart III, Section 44701:                       (1) Is not a ‘‘significant regulatory
                                             ‘‘General requirements.’’ Under that                    action’’ under Executive Order 12866,                 ■ 1. The authority citation for part 39
                                             section, Congress charges the FAA with                    (2) Is not a ‘‘significant rule’’ under             continues to read as follows:
                                             promoting safe flight of civil aircraft in              DOT Regulatory Policies and Procedures
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                                             air commerce by prescribing regulations                 (44 FR 11034, February 26, 1979),                         Authority: 49 U.S.C. 106(g), 40113, 44701.
                                             for practices, methods, and procedures                    (3) Will not affect intrastate aviation             § 39.13    [Amended]
                                             the Administrator finds necessary for                   in Alaska, and
                                             safety in air commerce. This regulation                   (4) Will not have a significant                     ■ 2. The FAA amends § 39.13 by adding
                                             is within the scope of that authority                   economic impact, positive or negative,                the following new airworthiness
                                             because it addresses an unsafe condition                on a substantial number of small entities             directive (AD):


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                                             11134            Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Rules and Regulations

                                             2017–02–12 The Boeing Company:                          Compliance): Before further flight, repair            Airframe Branch, ANM–120L, FAA, Los
                                                 Amendment 39–18791; Docket No.                      using a method approved in accordance with            Angeles ACO, 3960 Paramount Boulevard,
                                                 FAA–2016–6426; Directorate Identifier               the procedures specified in paragraph (j) of          Lakewood, CA 90712–4137; phone: 562–627–
                                                 2016–NM–023–AD.                                     this AD.                                              5313; fax: 562–627–5210; email:
                                                                                                                                                           Payman.Soltani@faa.gov.
                                             (a) Effective Date                                      (i) Parts Installation Limitation
                                               This AD is effective March 28, 2017.                     As of the effective date of this AD: A             (l) Material Incorporated by Reference
                                                                                                     horizontal stabilizer may be installed on any            (1) The Director of the Federal Register
                                             (b) Affected ADs                                        airplane, provided all applicable actions             approved the incorporation by reference
                                               None.                                                 required by the introductory text of                  (IBR) of the service information listed in this
                                                                                                     paragraph (g) and paragraphs (g)(1) and (g)(2)        paragraph under 5 U.S.C. 552(a) and 1 CFR
                                             (c) Applicability                                       of this AD are done within the compliance             part 51.
                                                (1) This AD applies to all The Boeing                times specified in the introductory text of              (2) You must use this service information
                                             Company Model 737–300, –400, and –500                   paragraph (g) of this AD, and in accordance           as applicable to do the actions required by
                                             series airplanes, certificated in any category.         with the Accomplishment Instructions of               this AD, unless the AD specifies otherwise.
                                                (2) Installation of Supplemental Type                Boeing Alert Service Bulletin 737–55A1092,               (i) Boeing Alert Service Bulletin 737–
                                             Certificate (STC) ST01219SE (http://                    dated August 7, 2015, except as required by           55A1092, dated August 7, 2015.
                                             rgl.faa.gov/Regulatory_and_Guidance_                    paragraph (h) of this AD.                                (ii) Reserved.
                                             Library/rgstc.nsf/0/                                                                                             (3) For Boeing service information
                                             ebd1cec7b301293e86257cb30045557a/$FILE/                 (j) Alternative Methods of Compliance
                                                                                                     (AMOCs)                                               identified in this AD, contact Boeing
                                             ST01219SE.pdf) does not affect the ability to                                                                 Commercial Airplanes, Attention: Data &
                                             accomplish the actions required by this AD.                (1) The Manager, Los Angeles Aircraft              Services Management, P.O. Box 3707, MC
                                             Therefore, for airplanes on which STC                   Certification Office (ACO), FAA, has the              2H–65, Seattle, WA 98124–2207; telephone:
                                             ST01219SE is installed, a ‘‘change in                   authority to approve AMOCs for this AD, if            206–544–5000, extension 1; fax: 206–766–
                                             product’’ alternative method of compliance              requested using the procedures found in 14            5680; Internet: https://
                                             (AMOC) approval request is not necessary to             CFR 39.19. In accordance with 14 CFR 39.19,           www.myboeingfleet.com.
                                             comply with the requirements of 14 CFR                  send your request to your principal inspector            (4) You may view this service information
                                             39.17.                                                  or local Flight Standards District Office, as
                                                                                                                                                           at FAA, Transport Airplane Directorate, 1601
                                                                                                     appropriate. If sending information directly
                                             (d) Subject                                                                                                   Lind Avenue SW., Renton, WA. For
                                                                                                     to the manager of the ACO, send it to the
                                               Air Transport Association (ATA) of                                                                          information on the availability of this
                                                                                                     attention of the person identified in
                                             America Code 55, Stabilizers.                                                                                 material at the FAA, call 425–227–1221.
                                                                                                     paragraph (k) of this AD. Information may be
                                                                                                                                                              (5) You may view this service information
                                             (e) Unsafe Condition                                    emailed to: 9-ANM-LAACO-ACO-AMOC-
                                                                                                                                                           that is incorporated by reference at the
                                                                                                     Requests@faa.gov.
                                                This AD was prompted by reports of                                                                         National Archives and Records
                                                                                                        (2) Before using any approved AMOC,
                                             intergranular cracks on the front spar chord                                                                  Administration (NARA). For information on
                                                                                                     notify your appropriate principal inspector,
                                             lugs of the outboard horizontal stabilizer. We                                                                the availability of this material at NARA, call
                                                                                                     or lacking a principal inspector, the manager
                                             are issuing this AD to detect and correct               of the local flight standards district office/        202–741–6030, or go to: http://
                                             cracking of the front spar chord lugs of the            certificate holding district office.                  www.archives.gov/federal-register/cfr/ibr-
                                             horizontal stabilizer. Such cracking could                 (3) An AMOC that provides an acceptable            locations.html.
                                             cause stabilizer instability, adversely affect          level of safety may be used for any repair,             Issued in Renton, Washington, on January
                                             controllability of the airplane, and adversely          modification, or alteration required by this          17, 2017.
                                             affect the structural integrity of the airplane.        AD if it is approved by the Boeing                    Michael Kaszycki,
                                             (f) Compliance                                          Commercial Airplanes Organization
                                                                                                                                                           Acting Manager, Transport Airplane
                                                                                                     Designation Authorization (ODA) that has
                                                Comply with this AD within the                                                                             Directorate, Aircraft Certification Service.
                                                                                                     been authorized by the Manager, Los Angeles
                                             compliance times specified, unless already              ACO, to make those findings. To be                    [FR Doc. 2017–01825 Filed 2–17–17; 8:45 am]
                                             done.                                                   approved, the repair method, modification             BILLING CODE 4910–13–P
                                             (g) Repetitive Inspections and Repairs                  deviation, or alteration deviation must meet
                                                                                                     the certification basis of the airplane, and the
                                                Within 27 months after the effective date            approval must specifically refer to this AD.          DEPARTMENT OF TRANSPORTATION
                                             of this AD: Do the actions required by                     (4) Except as required by paragraph (h) of
                                             paragraphs (g)(1) and (g)(2) of this AD, and            this AD: For service information that                 Federal Aviation Administration
                                             do all applicable repairs, in accordance with           contains steps that are labeled as RC, the
                                             the Accomplishment Instructions of Boeing               provisions of paragraphs (j)(4)(i) and (j)(4)(ii)
                                             Alert Service Bulletin 737–55A1092, dated               of this AD apply.
                                                                                                                                                           14 CFR Part 39
                                             August 7, 2015, except as required by                      (i) The steps labeled as RC, including             [Docket No. FAA–2016–9066; Directorate
                                             paragraph (h) of this AD. Do all applicable             substeps under an RC step and any figures             Identifier 2014–NM–113–AD; Amendment
                                             repairs before further flight. Repeat the               identified in an RC step, must be done to             39–18800; AD 2017–04–05]
                                             inspections specified in paragraphs (g)(1) and          comply with the AD. If a step or substep is
                                             (g)(2) of this AD thereafter at the applicable          labeled ‘‘RC Exempt,’’ then the RC                    RIN 2120–AA64
                                             intervals specified in paragraph 1.E.,                  requirement is removed from that step or
                                             ‘‘Compliance,’’ of Boeing Alert Service                 substep. An AMOC is required for any                  Airworthiness Directives; Airbus
                                             Bulletin 737–55A1092, dated August 7, 2015.             deviations to RC steps, including substeps            Airplanes
                                                (1) Do a detailed inspection for corrosion           and identified figures.
                                             and an ultrasonic inspection for cracking of               (ii) Steps not labeled as RC may be                AGENCY:  Federal Aviation
                                             the front spar chord lugs of the left and right         deviated from using accepted methods in               Administration (FAA), Department of
                                             horizontal stabilizers.                                 accordance with the operator’s maintenance            Transportation (DOT).
                                                (2) Do a detailed inspection for corrosion           or inspection program without obtaining               ACTION: Final rule.
                                             of the lug bores of the front spar chord of the         approval of an AMOC, provided the RC steps,
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                                             left and right horizontal stabilizers.                  including substeps and identified figures, can        SUMMARY:   We are superseding
                                                                                                     still be done as specified, and the airplane          Airworthiness Directive (AD) 2011–10–
                                             (h) Service Information Exception
                                                                                                     can be put back in an airworthy condition.
                                               Where Boeing Alert Service Bulletin 737–                                                                    17 for all Airbus Model A300 and A310
                                             55A1092, dated August 7, 2015, specifies to             (k) Related Information                               series airplanes, and Model A300 B4–
                                             contact Boeing for appropriate action, and                For more information about this AD,                 600, B4–600R, and F4–600R series
                                             specifies that action as ‘‘RC’’ (Required for           contact Payman Soltani, Aerospace Engineer,           airplanes, and Model C4–605R Variant F


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Document Created: 2018-02-01 15:04:21
Document Modified: 2018-02-01 15:04:21
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis AD is effective March 28, 2017.
ContactPayman Soltani, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5313; fax: 562-627-5210; email: [email protected]
FR Citation82 FR 11132 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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