82 FR 24475 - Airworthiness Directives; The Boeing Company Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 82, Issue 102 (May 30, 2017)
Federal Aviation Administration
Federal Register Volume 82, Issue 102 (May 30, 2017)
| Page Range | 24475-24479 | |
| FR Document | 2017-10286 |
[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)] [Rules and Regulations] [Pages 24475-24479] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-10286] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-6666; Directorate Identifier 2015-NM-124-AD; Amendment 39-18881; AD 2017-10-07] 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 certain The Boeing Company Model 737-400 series airplanes. This AD was prompted by an evaluation by the design approval holder (DAH), which indicates that the aft fuselage skin is subject to widespread fatigue damage (WFD), and reports of aft fuselage skin cracking. This AD requires repetitive inspections to detect cracking of the aft fuselage skin, inspections to detect missing or loose fasteners and any disbonding or cracking of bonded doublers, permanent repairs of time-limited repairs, related investigative and corrective actions if necessary, and skin panel replacement. We are issuing this AD to address the unsafe condition on these products. DATES: This AD is effective July 5, 2017. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of July 5, 2017. ADDRESSES: For service information identified in this final rule, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; telephone: 562-797-1717; Internet: https://www.myboeingfleet.com. You may view this 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- 6666. 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- 6666; 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: Jennifer Tsakoumakis, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5264; fax: 562-627-5210; email: [email protected]. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Boeing Model 737- 400 series airplanes. The NPRM published in the Federal Register on May 13, 2016 (81 FR 29809) (``the NPRM''). The NPRM was prompted by an evaluation by the DAH, which indicates that the aft fuselage skin is subject to WFD, and reports of aft fuselage skin cracking. The NPRM proposed to require repetitive inspections to detect cracking of the aft fuselage skin, inspections to detect missing or loose fasteners and any disbonding or cracking of bonded doublers, permanent repairs of time-limited repairs, related investigative and corrective actions if necessary, and skin panel replacement. We are issuing this AD to prevent cracking in the aft fuselage skin along the longitudinal edges of the bonded skin doubler, which could result in possible rapid decompression and reduced 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. Request To Specify Repair Procedures Boeing requested that we revise the proposed AD to address repairs that are [[Page 24476]] installed on the airplane for reasons other than chem-mill cracking. Boeing provided suggested language for the AD. We do not agree with Boeing's request. Paragraph 3.B.1 in the Accomplishment Instructions of Boeing Special Attention Service Bulletin 737-53-1187, Revision 3, dated July 10, 2015 (``SASB 737-53- 1187 R3''), which is the referenced source of service information in this AD, already addresses the issue raised by Boeing. SASB 737-53-1187 R3 does not make a distinction between repairs installed for chem-mill cracking and repairs installed for other reasons. Therefore, repairs that are installed for any reason, provided they meet the service information criteria, are already addressed. We have not changed this AD in this regard. Request To Revise Compliance Time in Paragraph (h)(4) of the Proposed AD Boeing requested that we revise the compliance time in paragraph (h)(4) of the proposed AD from the time specified in SASB 737-53-1187 R3, to a time approved by the FAA through the alternative method of compliance (AMOC) process. Boeing provided examples of how replacing skin panels at certain compliance times would require further skin panel replacement before reaching the airplane limit of validity. Boeing explained that the NPRM proposed skin panel replacement at 60,000 total flight cycles; therefore, an FAA approval to adjust the compliance time from total flight cycles to cycles after skin panel replacement would be required. We partially agree with Boeing's request. Airplanes that have had a skin replacement with a production skin panel, as distinguished from an improved-design kit skin panel, prior to 53,000 total flight cycles may be eligible for an adjustment of the inspection threshold. Currently, such an adjustment of the AD compliance time is not delegated to Boeing's authorized representatives, and the change must be approved by the FAA. However, we consider the number of airplanes affected by this scenario to be quite small. Therefore, we have decided to approve such changes to the compliance times on a case-by-case basis using the procedures specified in paragraph (n)(1) of this AD. Although we agree with the comment, we have not changed this AD in this regard. Request To Reference Part 6 of the Service Information Boeing requested that we revise paragraphs (i)(1)(ii), (i)(2)(ii), and (j) of the proposed AD by specifying doing part 6 of the service information. Boeing stated that specifying the service information part reference would make the language consistent with paragraph (g) of the proposed AD, which specifies the service information part reference. We agree with Boeing's request. These changes will increase the paragraphs' clarity. We have revised paragraphs (i)(1)(ii), (i)(2)(ii), and (j) of this AD accordingly. Request To Revise Paragraph (l) of the Proposed AD Boeing requested that we revise the provision of paragraph (l) of the proposed AD, which would provide for terminating action if the skin panel was replaced with a production skin panel. Boeing indicated that terminating action should also apply to airplanes with the skin panel replacement kit (S-20 to S-25 (left and right)) specified in Boeing Service Bulletin 737-53-1187. Boeing stated that the skin panel replacement using the kit specified in Boeing Service Bulletin 737-53- 1187 does not have the lower flight cycle limit restriction of the production panel replacement. Boeing explained that once the kit skin panel is replaced, the inspections specified in SASB 737-53-1187 R3, are terminated. We agree with Boeing's request. The kit skin panels are an improved design compared with the original production skin panels, have different inspection requirements, and provide terminating action. We have revised paragraph (l) of this AD accordingly. Request To Remove Flight Cycle Restriction in Paragraphs (m)(2), (m)(3), and (n)(5) of the Proposed AD Boeing requested that we revise paragraphs (m)(2), (m)(3), and (n)(5) of the proposed AD by removing the flight-cycle restriction for credit for the skin panel replacement. Boeing explained that the only skin panel replacement specified in the service information referenced in paragraphs (m)(2) and (m)(3) of the proposed AD is the skin panel replacement kit, which can be accomplished at any time. Boeing stated that it assumed that only the kit skin panel replacements, and not the original production skin panels, are approved as AMOCs for AD 2009-21-01, Amendment 39-16038 (74 FR 52395, October 13, 2009) (``AD 2009-21-01''). Boeing asserted that, therefore, paragraph (n)(5) of the proposed AD should approve previous modifications done as optional terminating action for AD 2009-21-01 as AMOCs for the modification required by paragraph (l) of this AD without the flight-cycle restriction. We partially agree with Boeing's request. The kit skin panels are an improved design compared with the original production skin panels and have different inspection requirements. We have revised paragraphs (m)(2) and (m)(3) of this AD by removing the flight-cycle restriction. However, in order to address airplanes that have had production skin panels replaced through AMOCs for AD 2009-21-01, paragraph (n)(5) of this AD retains the flight-cycle restriction. We agree to approve AMOCs for AD 2009-21-01 that require using the skin panel kit specified in Boeing Service Bulletin 737-53-1187 as AMOCs for the modification required by paragraph (l) of this AD without the flight-cycle restriction. We have added paragraph (n)(6) to this AD, which states that AMOCs approved for previous modifications done as optional terminating action for AD 2009-21-01 are approved as AMOCs for the modification required by paragraph (l) of this AD provided the skin modification replacement was done using the skin panel kit specified in Boeing Service Bulletin 737-53-1187. 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 SASB 737-53-1187 R3. The service information describes procedures for doing inspections of the fuselage skin, repairs, and skin panel replacement. 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 84 airplanes of U.S. registry. We estimate the following costs to comply with this AD: [[Page 24477]] Estimated Costs ---------------------------------------------------------------------------------------------------------------- Cost per Action Labor cost Parts cost product Cost on U.S. operators ---------------------------------------------------------------------------------------------------------------- Inspections.................. Up to 1,568 work- $0 Up to $133,280. Up to $11,195,520. hours x $85 per hour = Up to $133,280. Skin replacement............. 698 work-hours x $85 185,147 $244,477....... $20,536,068. per hour = $59,330. ---------------------------------------------------------------------------------------------------------------- We estimate the following costs to do any necessary repairs that would be required based on the results of the inspections. We have no way of determining the number of aircraft that might need these repairs: On-Condition Costs ---------------------------------------------------------------------------------------------------------------- Action Labor cost Parts cost Cost per product ---------------------------------------------------------------------------------------------------------------- Time-limited repair............. 24 work-hours x $85 per (\1\) $2,040 per repair. hour = $2,040 per repair. Permanent repair................ Up to 39 work-hours x (\1\) Up to $3,315 per repair. $85 per hour = $3,315 per repair. ---------------------------------------------------------------------------------------------------------------- \1\ We have received no definitive data that would enable us to provide the part cost estimates for the on- condition actions specified in this AD. We estimate the following costs to do any necessary post-repair inspections that would be required. We have no way of determining the number of aircraft that might need these inspections: Post-Repair Inspection Costs ---------------------------------------------------------------------------------------------------------------- Action Labor cost Parts cost Cost per product ---------------------------------------------------------------------------------------------------------------- Post-repair inspection................ Up to 7 work[dash]hours x $85 $0 Up to $595. per hour = $595. ---------------------------------------------------------------------------------------------------------------- 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): 2017-10-07 The Boeing Company: Amendment 39-18881; Docket No. FAA- 2016-6666; Directorate Identifier 2015-NM-124-AD. (a) Effective Date This AD is effective July 5, 2017. (b) Affected ADs None. (c) Applicability This AD applies to Boeing Model 737-400 series airplanes, certificated in any category, as identified in Boeing Special Attention Service Bulletin 737-53-1187, Revision 3, dated July 10, 2015 (``SASB 737-53-1187 R3''). (d) Subject Air Transport Association (ATA) of America Code 53, Fuselage. (e) Unsafe Condition This AD was prompted by an evaluation by the design approval holder (DAH) which indicates that the aft fuselage skin is subject to widespread fatigue damage (WFD) and reports of aft fuselage skin cracking. We are issuing this AD to detect and correct cracking in the aft fuselage skin along the longitudinal edges of the bonded skin doubler, which could result in possible rapid decompression [[Page 24478]] and reduced structural integrity of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Inspections, Related Investigative and Corrective Actions At the applicable times specified in tables 1, 2, and 3 of paragraph 1.E., ``Compliance,'' of SASB 737-53-1187 R3, except as provided by paragraph (h)(1) and (h)(2) of this AD: Do the applicable inspections to detect cracks in the aft fuselage skin panels; and do all applicable related investigative and corrective actions; in accordance with the Accomplishment Instructions of SASB 737-53-1187 R3, except as required by paragraphs (h)(3) and (h)(4) of this AD. Do all applicable related investigative and corrective actions before further flight. Repeat the applicable inspections thereafter at the applicable intervals specified in tables 1, 2, and 3 of paragraph 1.E., ``Compliance,'' of SASB 737-53-1187 R3. Accomplishment of a repair in accordance with ``Part 4: Repair'' of the Accomplishment Instructions of SASB 737-53-1187 R3, except as required by paragraph (h)(3) of this AD, is terminating action for the repetitive inspections required by this paragraph at the repaired locations only. (h) Exceptions to SASB 737-53-1187 R3 (1) Where SASB 737-53-1187 R3, specifies compliance times ``after the Revision 3 date of this service bulletin,'' this AD requires compliance within the specified compliance times after the effective date of this AD. (2) The Condition column of Paragraph 1.E., ``Compliance,'' of SASB 737-53-1187 R3, refers to airplanes in certain configurations as of the ``issue date of Revision 3 of this service bulletin.'' However, this AD applies to airplanes in the specified configurations as of the effective date of this AD. (3) Where SASB 737-53-1187 R3 specifies contacting Boeing for repair instructions or work instructions, before further flight, repair or perform the work instructions using a method approved in accordance with the procedures specified in paragraph (n) of this AD, except as required by paragraph (h)(4) of this AD. (4) For airplanes on which an operator has a record that a skin panel was replaced with a production skin panel before 53,000 total flight cycles: At the applicable time for the next inspection as specified in tables 1, 2, and 3 of paragraph 1.E., ``Compliance,'' of SASB 737-53-1187 R3, except as provided by paragraph (h)(1) and (h)(2) of this AD: Perform inspections and applicable corrective actions using a method approved in accordance with the procedures specified in paragraph (n) of this AD. (i) Actions for Airplanes With a Time-Limited Repair Installed (1) For airplanes with a time-limited repair installed as specified in Boeing Service Bulletin 737-53-1187, Revision 2, dated May 9, 2007: At the applicable times specified in table 4 of paragraph 1.E., ``Compliance,'' of SASB 737-53-1187 R3, except as provided by paragraphs (h)(1) and (h)(2) of this AD: Do the actions specified in paragraphs (i)(1)(i) and (i)(1)(ii) of this AD. (i) Do the applicable inspections to detect missing or loose fasteners and any disbonding or cracking of bonded doublers; and do all applicable related investigative and corrective actions; in accordance with the Accomplishment Instructions of SASB 737-53-1187 R3, except as required by paragraph (h)(3) of this AD. Do all applicable related investigative and corrective actions before further flight. Repeat the applicable inspections thereafter at the applicable intervals specified in table 4 of paragraph 1.E., ``Compliance,'' of SASB 737-53-1187 R3. (ii) Make the time-limited repair permanent; and do all applicable related investigative and corrective actions; in accordance with Part 6 of the Accomplishment Instructions of SASB 737-53-1187 R3, except as required by paragraph (h)(3) of this AD. Do all applicable related investigative and corrective actions before further flight. Accomplishing the permanent repair required by this paragraph terminates the inspections required by paragraph (i)(1)(i) of this AD for the permanently repaired area only. (2) For airplanes with a time-limited repair installed as specified in SASB 737-53-1187 R3: At the applicable times specified in table 5 of paragraph 1.E., ``Compliance,'' of SASB 737-53-1187 R3, except as provided by paragraph (h)(2) of this AD: Do the actions specified in paragraphs (i)(2)(i) and (i)(2)(ii) of this AD. (i) Do the applicable inspections to detect missing or loose fasteners and any disbonding or cracking of bonded doublers; and do all applicable corrective actions; in accordance with the Accomplishment Instructions of SASB 737-53-1187 R3, except as required by paragraph (h)(3) of this AD. Do all applicable corrective actions before further flight. Repeat the applicable inspections thereafter at the applicable intervals specified in table 5 of paragraph 1.E., ``Compliance,'' of SASB 737-53-1187 R3. (ii) Make the time-limited repair permanent; and do all applicable related investigative and corrective actions; in accordance with Part 6 of the Accomplishment Instructions of SASB 737-53-1187 R3, except as required by paragraph (h)(3) of this AD. Do all applicable related investigative and corrective actions before further flight. Accomplishing the permanent repair required by this paragraph terminates the inspections required by paragraph (i)(2)(i) of this AD for the permanently repaired area only. (j) Modification of Certain Permanent Repairs For airplanes with an existing time-limited repair that was made permanent as specified in Boeing Service Bulletin 737-53-1187, Revision 2, dated May 9, 2007: At the applicable time specified in table 6 of paragraph 1.E., ``Compliance,'' of SASB 737-53-1187 R3, except as provided by paragraph (h)(1) of this AD: Modify the existing permanent repair; and do all applicable related investigative and corrective actions; in accordance with Part 6 of the Accomplishment Instructions of SASB 737-53-1187 R3, except as required by paragraph (h)(3) of this AD. Do all applicable related investigative and corrective actions before further flight. (k) Post-Repair Inspections Table 7 of paragraph 1.E., ``Compliance,'' of SASB 737-53-1187 R3, specifies post-repair airworthiness limitation inspections in compliance with 14 CFR 25.571(a)(3) at the repaired locations, which support compliance with 14 CFR 121.1109(c)(2) or 129.109(b)(2). As airworthiness limitations, these inspections are required by maintenance and operational rules. It is therefore unnecessary to mandate them in this AD. Deviations from these inspections require FAA approval, but do not require an alternative method of compliance. (l) Skin Panel Replacement At the later of the times specified in paragraphs (l)(1) and (1)(2) of this AD: Replace the applicable skin panels, and do all applicable related investigative and corrective actions, in accordance with the Accomplishment Instructions of SASB 737-53-1187 R3. Do all applicable related investigative and corrective actions before further flight. Doing the skin panel replacement required by this paragraph terminates the inspection requirements of paragraphs (g), (i), and (j) of this AD for that skin panel only, provided the skin panel replacement was done with a production skin panel after 53,000 total flight cycles, or with the skin panel replacement kit (S-20 to S-25 (left and right)) specified in Boeing Service Bulletin 737-53-1187. (1) Before 60,000 total flight cycles, but not before 53,000 total flight cycles. (2) Within 6,000 flight cycles after the effective date of this AD, but not before 53,000 total flight cycles. (m) Credit for Previous Actions (1) This paragraph provides credit for the actions required by paragraph (g) of this AD, if those actions were performed before the effective date of this AD using Boeing Service Bulletin 737-53-1187, Revision 2, dated May 9, 2007, except as required by paragraph (h)(4) of this AD. Boeing Service Bulletin 737-53-1187, Revision 2, dated May 9, 2007, was incorporated by reference in AD 2009-21-01, Amendment 39-16038 (74 FR 52395, October 13, 2009) (``AD 2009-21- 01''). (2) This paragraph provides credit for the actions required by paragraph (l) of this AD, if those actions were performed before the effective date of this AD using Boeing Service Bulletin 737-53-1187, Revision 2, dated May 9, 2007, except as required by paragraph (h)(4) of this AD. Boeing Service Bulletin 737-53-1187, Revision 2, dated May 9, 2007, was incorporated by reference in AD 2009-21-01. (3) This paragraph provides credit for the actions required by paragraph (l) of this AD, if those actions were performed before November 17, 2009 (the effective date of AD 2009-21-01) using Part III of the Accomplishment Instructions of Boeing [[Page 24479]] Service Bulletin 737-53-1187, dated November 2, 1995; or Part III of the Accomplishment Instructions of Boeing Service Bulletin 737-53- 1187, Revision 1, dated January 16, 1997, except as required by paragraph (h)(4) of this AD. Boeing Service Bulletin 737-53-1187, dated November 2, 1995; and Boeing Service Bulletin 737-53-1187, Revision 1, dated January 16, 1997; are not incorporated by reference in this AD. (n) 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 (o)(1) of this AD. Information may be emailed to: [email protected]. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. (3) An AMOC that provides an acceptable level of safety may be used for any repair, modification, or alteration required by this AD if it is approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) that has been authorized by the Manager, Los Angeles ACO, 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) AMOCs approved for repairs for AD 2009-21-01 are approved as AMOCs for the corresponding provisions of paragraph (g) of this AD. (5) Except as specified in paragraph (n)(6) of this AD, AMOCs approved for previous modifications done as optional terminating action for AD 2009-21-01 are approved as AMOCs for the modification required by paragraph (l) of this AD provided the previous modification was done after the airplane had accumulated 53,000 total flight cycles or more. (6) AMOCs approved for previous modifications done as optional terminating action for AD 2009-21-01 are approved as AMOCs for the modification required by paragraph (l) of this AD provided the skin modification replacement is done using the skin panel kit specified Boeing Service Bulletin 737-53-1187. (o) Related Information (1) For more information about this AD, contact Jennifer Tsakoumakis, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles ACO, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5264; fax: 562-627-5210; email: [email protected]. (2) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (p)(3) and (p)(4) of this AD. (p) 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 Special Attention Service Bulletin 737-53-1187, Revision 3, dated July 10, 2015. (ii) Reserved. (3) For Boeing service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; telephone: 562-797-1717; Internet: https://www.myboeingfleet.com. (4) You may view this service information at the FAA, Transport 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 May 2, 2017. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2017-10286 Filed 5-26-17; 8:45 am] BILLING CODE 4910-13-P
![Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations 24475
FAA, Small Airplane Directorate, 901 Locust, Issued in Kansas City, Missouri, on May Examining the AD Docket
Room 301, Kansas City, Missouri 64106; 15, 2017.
telephone: (816) 329–4059; fax: (816) 329–
You may examine the AD docket on
Melvin Johnson,
4090; email: doug.rudolph@faa.gov. Before the Internet at http://
Acting Manager, Small Airplane Directorate, www.regulations.gov by searching for
using any approved AMOC on any airplane Aircraft Certification Service.
to which the AMOC applies, notify your and locating Docket No. FAA–2016–
[FR Doc. 2017–10406 Filed 5–26–17; 8:45 am] 6666; or in person at the Docket
appropriate principal inspector (PI) in the
FAA Flight Standards District Office (FSDO), BILLING CODE 4910–13–P Management Facility between 9 a.m.
or lacking a PI, your local FSDO. and 5 p.m., Monday through Friday,
(2) Airworthy Product: For any requirement except Federal holidays. The AD docket
in this AD to obtain corrective actions from DEPARTMENT OF TRANSPORTATION contains this AD, the regulatory
a manufacturer or other source, use these evaluation, any comments received, and
actions if they are FAA-approved. Corrective Federal Aviation Administration
other information. The address for the
actions are considered FAA-approved if they
14 CFR Part 39 Docket Office (phone: 800–647–5527) is
are approved by the State of Design Authority
(or their delegated agent). You are required Docket Management Facility, U.S.
[Docket No. FAA–2016–6666; Directorate Department of Transportation, Docket
to assure the product is airworthy before it
Identifier 2015–NM–124–AD; Amendment Operations, M–30, West Building
is returned to service.
39–18881; AD 2017–10–07] Ground Floor, Room W12–140, 1200
(h) Related Information New Jersey Avenue SE., Washington,
RIN 2120–AA64
Refer to MCAI European Aviation Safety DC 20590.
Agency (EASA) AD No.: 2017–0005, dated Airworthiness Directives; The Boeing FOR FURTHER INFORMATION CONTACT:
January 10, 2017, for related information. The Company Airplanes Jennifer Tsakoumakis, Aerospace
MCAI can be found in the AD docket on the
Internet at https://www.regulations.gov/ AGENCY: Federal Aviation Engineer, Airframe Branch, ANM–120L,
document?D=FAA-2017-0156-0002. Administration (FAA), DOT. FAA, Los Angeles Aircraft Certification
Office (ACO), 3960 Paramount
(i) Material Incorporated by Reference ACTION: Final rule. Boulevard, Lakewood, CA 90712–4137;
(1) The Director of the Federal Register phone: 562–627–5264; fax: 562–627–
approved the incorporation by reference
SUMMARY: We are adopting a new
airworthiness directive (AD) for certain 5210; email:
(IBR) of the service information listed in this jennifer.tsakoumakis@faa.gov.
paragraph under 5 U.S.C. 552(a) and 1 CFR The Boeing Company Model 737–400
part 51. series airplanes. This AD was prompted SUPPLEMENTARY INFORMATION:
(2) You must use this service information by an evaluation by the design approval
Discussion
as applicable to do the actions required by holder (DAH), which indicates that the
this AD, unless this AD specifies otherwise. aft fuselage skin is subject to We issued a notice of proposed
(3) The following service information was widespread fatigue damage (WFD), and rulemaking (NPRM) to amend 14 CFR
approved for IBR on July 5, 2017 (the reports of aft fuselage skin cracking. part 39 by adding an AD that would
effective date of this AD). This AD requires repetitive inspections apply to certain Boeing Model 737–400
(i) Chapter 9, Airworthiness Limitations, series airplanes. The NPRM published
to detect cracking of the aft fuselage
Revision No. 22, dated March 15, 2016, of in the Federal Register on May 13, 2016
ZLIN AIRCRAFT a.s. Z 242 L DOC. No. skin, inspections to detect missing or
loose fasteners and any disbonding or (81 FR 29809) (‘‘the NPRM’’). The
003.22.1 Maintenance Manual—Vol. I.
(ii) Moravan-Aeroplanes a.s. Mandatory cracking of bonded doublers, permanent NPRM was prompted by an evaluation
Service Bulletin Z 142C/17a, Z 242L/37a— repairs of time-limited repairs, related by the DAH, which indicates that the aft
Rev. 1, dated October 31, 2000. investigative and corrective actions if fuselage skin is subject to WFD, and
(4) The following service information was necessary, and skin panel replacement. reports of aft fuselage skin cracking. The
approved for IBR on June 5, 2003 (68 FR We are issuing this AD to address the NPRM proposed to require repetitive
32629, June 2, 2003). unsafe condition on these products. inspections to detect cracking of the aft
(i) Moravan Mandatory Service Bulletin Z fuselage skin, inspections to detect
242L/38a—Rev.1, April 15, 2003. DATES: This AD is effective July 5, 2017.
The Director of the Federal Register missing or loose fasteners and any
(ii) Reserved. disbonding or cracking of bonded
(5) For service information identified in approved the incorporation by reference
of a certain publication listed in this AD doublers, permanent repairs of time-
this AD, contact ZLIN AIRCRAFT a.s., Letiště
1887, 765 02 Otrokovice, Czech Republic, as of July 5, 2017. limited repairs, related investigative and
telephone: +420 725 266 711; fax: +420 226 corrective actions if necessary, and skin
ADDRESSES: For service information panel replacement. We are issuing this
013 830; email: info@zlinaircraft.eu, Internet: identified in this final rule, contact
http://www.zlinaircraft.eu. AD to prevent cracking in the aft
(6) You may view this service information
Boeing Commercial Airplanes, fuselage skin along the longitudinal
at FAA, Small Airplane Directorate, 901 Attention: Contractual & Data Services edges of the bonded skin doubler, which
Locust, Kansas City, Missouri 64106. For (C&DS), 2600 Westminster Blvd., MC could result in possible rapid
information on the availability of this 110–SK57, Seal Beach, CA 90740–5600; decompression and reduced structural
material at the FAA, call 816–329–4148. In telephone: 562–797–1717; Internet: integrity of the airplane.
addition, you can access this service https://www.myboeingfleet.com. You
information on the Internet at http:// may view this referenced service Comments
www.regulations.gov by searching for and information at the FAA, Transport We gave the public the opportunity to
locating Docket No. FAA–2017–0156. Airplane Directorate, 1601 Lind Avenue participate in developing this AD. The
sradovich on DSK3GMQ082PROD with RULES
(7) You may view this service information SW., Renton, WA. For information on
that is incorporated by reference at the following presents the comments
National Archives and Records
the availability of this material at the received on the NPRM and the FAA’s
Administration (NARA). For information on FAA, call 425–227–1221. It is also response to each comment.
the availability of this material at NARA, call available on the Internet at http://
www.regulations.gov by searching for Request To Specify Repair Procedures
202–741–6030, or go to: http://
www.archives.gov/federal-register/cfr/ibr- and locating Docket No. FAA–2016– Boeing requested that we revise the
locations.html. 6666. proposed AD to address repairs that are
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![Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations 24477
ESTIMATED COSTS
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
Inspections .................... Up to 1,568 work-hours × $85 per hour = Up to $0 Up to $133,280 ............. Up to $11,195,520.
$133,280.
Skin replacement .......... 698 work-hours × $85 per hour = $59,330 .......... 185,147 $244,477 ....................... $20,536,068.
We estimate the following costs to do required based on the results of the determining the number of aircraft that
any necessary repairs that would be inspections. We have no way of might need these repairs:
ON-CONDITION COSTS
Action Labor cost Parts cost Cost per product
Time-limited repair .............................................. 24 work-hours × $85 per hour = $2,040 per re- (1) $2,040 per repair.
pair.
Permanent repair ................................................ Up to 39 work-hours × $85 per hour = $3,315 (1 ) Up to $3,315 per repair.
per repair.
1 We have received no definitive data that would enable us to provide the part cost estimates for the on-condition actions specified in this AD.
We estimate the following costs to do of determining the number of aircraft
any necessary post-repair inspections that might need these inspections:
that would be required. We have no way
POST-REPAIR INSPECTION COSTS
Cost per
Action Labor cost Parts cost product
Post-repair inspection .................................................... Up to 7 work-hours × $85 per hour = $595 .................. $0 Up to $595.
Authority for This Rulemaking responsibilities among the various § 39.13 [Amended]
levels of government. ■ 2. The FAA amends § 39.13 by adding
Title 49 of the United States Code
For the reasons discussed above, I the following new airworthiness
specifies the FAA’s authority to issue
certify that this AD: directive (AD):
rules on aviation safety. Subtitle I,
(1) Is not a ‘‘significant regulatory
section 106, describes the authority of 2017–10–07 The Boeing Company:
action’’ under Executive Order 12866, Amendment 39–18881; Docket No.
the FAA Administrator. Subtitle VII:
(2) Is not a ‘‘significant rule’’ under FAA–2016–6666; Directorate Identifier
Aviation Programs, describes in more
DOT Regulatory Policies and Procedures 2015–NM–124–AD.
detail the scope of the Agency’s
(44 FR 11034, February 26, 1979),
authority. (a) Effective Date
(3) Will not affect intrastate aviation
We are issuing this rulemaking under in Alaska, and This AD is effective July 5, 2017.
the authority described in Subtitle VII, (4) Will not have a significant (b) Affected ADs
Part A, Subpart III, Section 44701: economic impact, positive or negative,
‘‘General requirements.’’ Under that None.
on a substantial number of small entities
section, Congress charges the FAA with under the criteria of the Regulatory (c) Applicability
promoting safe flight of civil aircraft in Flexibility Act. This AD applies to Boeing Model 737–400
air commerce by prescribing regulations series airplanes, certificated in any category,
for practices, methods, and procedures List of Subjects in 14 CFR Part 39 as identified in Boeing Special Attention
the Administrator finds necessary for Air transportation, Aircraft, Aviation Service Bulletin 737–53–1187, Revision 3,
safety in air commerce. This regulation safety, Incorporation by reference, dated July 10, 2015 (‘‘SASB 737–53–1187
is within the scope of that authority R3’’).
Safety.
because it addresses an unsafe condition (d) Subject
that is likely to exist or develop on Adoption of the Amendment
Air Transport Association (ATA) of
products identified in this rulemaking Accordingly, under the authority America Code 53, Fuselage.
action. delegated to me by the Administrator,
(e) Unsafe Condition
Regulatory Findings the FAA amends 14 CFR part 39 as
follows: This AD was prompted by an evaluation by
sradovich on DSK3GMQ082PROD with RULES
This AD will not have federalism the design approval holder (DAH) which
PART 39—AIRWORTHINESS indicates that the aft fuselage skin is subject
implications under Executive Order
to widespread fatigue damage (WFD) and
13132. This AD will not have a DIRECTIVES
reports of aft fuselage skin cracking. We are
substantial direct effect on the States, on issuing this AD to detect and correct cracking
the relationship between the national ■ 1. The authority citation for part 39
in the aft fuselage skin along the longitudinal
government and the States, or on the continues to read as follows: edges of the bonded skin doubler, which
distribution of power and Authority: 49 U.S.C. 106(g), 40113, 44701. could result in possible rapid decompression
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![Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations 24479
Service Bulletin 737–53–1187, dated (p) Material Incorporated by Reference persons required to keep records
November 2, 1995; or Part III of the (1) The Director of the Federal Register pursuant to the Commodity Exchange
Accomplishment Instructions of Boeing approved the incorporation by reference Act (the ‘‘CEA’’ or ‘‘Act’’) and
Service Bulletin 737–53–1187, Revision 1, (IBR) of the service information listed in this
dated January 16, 1997, except as required by regulations promulgated by the
paragraph under 5 U.S.C. 552(a) and 1 CFR Commission thereunder. The
paragraph (h)(4) of this AD. Boeing Service part 51.
Bulletin 737–53–1187, dated November 2, amendments do not alter any existing
(2) You must use this service information
1995; and Boeing Service Bulletin 737–53–
as applicable to do the actions required by
requirements regarding the types of
1187, Revision 1, dated January 16, 1997; are regulatory records to be inspected,
this AD, unless the AD specifies otherwise.
not incorporated by reference in this AD. produced, and maintained set forth in
(i) Boeing Special Attention Service
(n) Alternative Methods of Compliance Bulletin 737–53–1187, Revision 3, dated July other Commission regulations.
(AMOCs) 10, 2015.
(ii) Reserved. DATES: The effective date for this final
(1) The Manager, Los Angeles Aircraft rule is August 28, 2017.
Certification Office (ACO), FAA, has the (3) For Boeing service information
authority to approve AMOCs for this AD, if identified in this AD, contact Boeing FOR FURTHER INFORMATION CONTACT:
requested using the procedures found in 14 Commercial Airplanes, Attention:
Contractual & Data Services (C&DS), 2600
Eileen T. Flaherty, Director, (202) 418–
CFR 39.19. In accordance with 14 CFR 39.19, 5326, eflaherty@cftc.gov; Frank
send your request to your principal inspector Westminster Blvd., MC 110–SK57, Seal
or local Flight Standards District Office, as Beach, CA 90740–5600; telephone: 562–797– Fisanich, Chief Counsel, (202) 418–
appropriate. If sending information directly 1717; Internet: https:// 5949, ffisanich@cftc.gov; Andrew
to the manager of the ACO, send it to the www.myboeingfleet.com. Chapin, Associate Chief Counsel, (202)
attention of the person identified in (4) You may view this service information 418–5465, achapin@cftc.gov; Katherine
paragraph (o)(1) of this AD. Information may at the FAA, Transport Airplane Directorate, Driscoll, Associate Chief Counsel, (202)
be emailed to: 9-ANM-LAACO-AMOC- 1601 Lind Avenue SW., Renton, WA. For 418–5544, kdriscoll@cftc.gov; C. Barry
Requests@faa.gov. information on the availability of this
material at the FAA, call 425–227–1221.
McCarty, Special Counsel, (202) 418–
(2) Before using any approved AMOC,
notify your appropriate principal inspector, (5) You may view this service information 6627, cmccarty@cftc.gov; or Jacob
or lacking a principal inspector, the manager that is incorporated by reference at the Chachkin, Special Counsel, (202) 418–
of the local flight standards district office/ National Archives and Records 5496, jchachkin@cftc.gov, Division of
certificate holding district office. Administration (NARA). For information on Swap Dealer and Intermediary
(3) An AMOC that provides an acceptable the availability of this material at NARA, call Oversight, Commodity Futures Trading
level of safety may be used for any repair, 202–741–6030, or go to: http:// Commission, 1155 21st Street NW.,
modification, or alteration required by this www.archives.gov/federal-register/cfr/ibr- Washington, DC 20581.
AD if it is approved by the Boeing locations.html.
Commercial Airplanes Organization SUPPLEMENTARY INFORMATION:
Issued in Renton, Washington, on May 2,
Designation Authorization (ODA) that has 2017.
been authorized by the Manager, Los Angeles I. Background
ACO, to make those findings. To be Michael Kaszycki,
approved, the repair method, modification Acting Manager, Transport Airplane In response to petitions for
deviation, or alteration deviation must meet Directorate, Aircraft Certification Service. rulemaking from various industry
the certification basis of the airplane and the [FR Doc. 2017–10286 Filed 5–26–17; 8:45 am] groups requesting amendments to
approval must specifically refer to this AD. BILLING CODE 4910–13–P
§ 1.31, the Commission published in the
(4) AMOCs approved for repairs for AD Federal Register on January 19, 2017 a
2009–21–01 are approved as AMOCs for the proposal (‘‘Proposal’’) to amend the
corresponding provisions of paragraph (g) of
recordkeeping obligations applicable to
this AD. COMMODITY FUTURES TRADING
(5) Except as specified in paragraph (n)(6) all persons required to keep records
COMMISSION
of this AD, AMOCs approved for previous pursuant to the Act and Commission
modifications done as optional terminating 17 CFR Parts 1 and 23 regulations promulgated thereunder
action for AD 2009–21–01 are approved as (referred to in the Proposal as ‘‘records
AMOCs for the modification required by RIN 3038–AE36 entities’’).1 Regulation 1.31 sets forth the
paragraph (l) of this AD provided the form and manner in which all
previous modification was done after the Recordkeeping regulatory records must be kept by
airplane had accumulated 53,000 total flight
AGENCY: Commodity Futures Trading records entities. Regulation 1.31 does
cycles or more.
(6) AMOCs approved for previous Commission. not specify the types of regulatory
modifications done as optional terminating ACTION: Final rule. records that must be kept, rather it
action for AD 2009–21–01 are approved as specifies the form and manner in which
AMOCs for the modification required by SUMMARY: The Commodity Futures regulatory records required by other
paragraph (l) of this AD provided the skin Trading Commission (the Commission regulations are maintained
modification replacement is done using the ‘‘Commission’’) is amending the and produced to the Commission. The
skin panel kit specified Boeing Service recordkeeping obligations set forth in proposed amendments to § 1.31, and
Bulletin 737–53–1187. related technical amendments to §§ 1.35
Commission regulations along with
(o) Related Information corresponding technical changes to and 23.203, would modernize and make
(1) For more information about this AD, certain provisions regarding retention of technology neutral the form and manner
contact Jennifer Tsakoumakis, Aerospace oral communications and record in which regulatory records must be
Engineer, Airframe Branch, ANM–120L, retention requirements applicable to kept, as well as rationalize the current
sradovich on DSK3GMQ082PROD with RULES
FAA, Los Angeles ACO, 3960 Paramount swap dealers and major swap rule text for ease of understanding.
Boulevard, Lakewood, CA 90712–4137; participants, respectively. The Under the proposed amendments,
phone: 562–627–5264; fax: 562–627–5210; records entities would have greater
email: jennifer.tsakoumakis@faa.gov.
amendments modernize and make
(2) Service information identified in this technology neutral the form and manner flexibility regarding the retention and
AD that is not incorporated by reference is in which regulatory records must be production of all regulatory records
available at the addresses specified in kept, as well as rationalize the rule text
paragraphs (p)(3) and (p)(4) of this AD. for ease of understanding for those 1 Recordkeeping, 82 FR 6356 (Jan. 19, 2017).
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Document Created: 2018-11-08 08:54:34
Document Modified: 2018-11-08 08:54:34
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This AD is effective July 5, 2017. | |
| Contact | Jennifer Tsakoumakis, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5264; fax: 562-627-5210; email: [email protected] | |
| FR Citation | 82 FR 24475 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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