83 FR 52173 - Airworthiness Directives; The Boeing Company Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 83, Issue 200 (October 16, 2018)
Federal Aviation Administration
Federal Register Volume 83, Issue 200 (October 16, 2018)
| Page Range | 52173-52176 | |
| FR Document | 2018-22278 |
[Federal Register Volume 83, Number 200 (Tuesday, October 16, 2018)] [Proposed Rules] [Pages 52173-52176] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-22278] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0900; Product Identifier 2018-NM-101-AD] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. This proposed AD was prompted by reports of cracking in the frame web, frame integral inboard chord, and fail-safe chord on multiple airplanes in multiple locations below the passenger floor, in addition to an evaluation by the design approval holder (DAH) indicating that certain fuselage frame splices are subject to widespread fatigue damage (WFD). This proposed AD would require repetitive inspections of certain fuselage upper frames, side frames, fail-safe chords, inboard chords, frame webs, and stringers; an inspection for the presence of repairs in certain inspections zones and open tooling holes; and applicable on-condition actions. We are proposing this AD to address the unsafe condition on these products. DATES: We must receive comments on this proposed AD by November 30, 2018. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments. Fax: 202-493-2251. Mail: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590. Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this NPRM, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; telephone 562-797-1717; internet https://www.myboeingfleet.com. You may view this referenced service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0900. Examining the AD Docket You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018- 0900; 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 NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Lu Lu, Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3525; email: [email protected]. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the ADDRESSES section. Include ``Docket No. FAA-2018-0900; Product Identifier 2018-NM-101-AD'' at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this NPRM. We will consider all comments received by the closing date and may amend this NPRM because of those comments. We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. [[Page 52174]] Discussion Fatigue damage can occur locally, in small areas or structural design details, or globally, in widespread areas. Multiple-site damage is widespread damage that occurs in a large structural element such as a single rivet line of a lap splice joining two large skin panels. Widespread damage can also occur in multiple elements such as adjacent frames or stringers. Multiple-site damage and multiple-element damage cracks are typically too small initially to be reliably detected with normal inspection methods. Without intervention, these cracks will grow, and eventually compromise the structural integrity of the airplane. This condition is known as WFD. It is associated with general degradation of large areas of structure with similar structural details and stress levels. As an airplane ages, WFD will likely occur, and will certainly occur if the airplane is operated long enough without any intervention. The FAA's WFD final rule (75 FR 69746, November 15, 2010) became effective on January 14, 2011. The WFD rule requires certain actions to prevent structural failure due to WFD throughout the operational life of certain existing transport category airplanes and all of these airplanes that will be certificated in the future. For existing and future airplanes subject to the WFD rule, the rule requires that DAHs establish a limit of validity (LOV) of the engineering data that support the structural maintenance program. Operators affected by the WFD rule may not fly an airplane beyond its LOV, unless an extended LOV is approved. The WFD rule (75 FR 69746, November 15, 2010) does not require identifying and developing maintenance actions if the DAHs can show that such actions are not necessary to prevent WFD before the airplane reaches the LOV. Many LOVs, however, do depend on accomplishment of future maintenance actions. As stated in the WFD rule, any maintenance actions necessary to reach the LOV will be mandated by airworthiness directives through separate rulemaking actions. In the context of WFD, this action is necessary to enable DAHs to propose LOVs that allow operators the longest operational lives for their airplanes, and still ensure that WFD will not occur. This approach allows for an implementation strategy that provides flexibility to DAHs in determining the timing of service information development (with FAA approval), while providing operators with certainty regarding the LOV applicable to their airplanes. We have received a report indicating that cracking is being found in the frame web, frame integral inboard chord, and fail-safe chord on multiple frame locations, below the passenger floor, on multiple Model 737-100, -200, -200C, -300, -400 and -500 series airplanes. In addition, the fuselage frame splices from station (STA) 380 to STA 520 and STA 727A to STA 907 between stringers S-13 and S-14, are subject to WFD. This condition, if not addressed, could result in the cracks growing large enough to sever frames. Continued operation with multiple adjacent severed frames or a combination of a severed frame adjacent to fuselage skin cracks in chem-milled pockets could result in a loss of structural integrity or uncontrolled decompression. Related Service Information Under 1 CFR Part 51 We reviewed Boeing Alert Service Bulletin 737-53A1360, dated June 21, 2018. The service information describes procedures for repetitive inspections of certain fuselage upper frames, side frames, fail-safe chords, inboard chords, frame webs, and stringers; an inspection for the presence of repairs in certain inspections zones and open tooling holes; and applicable on-condition actions. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. FAA's Determination We are proposing this AD because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the same type design. Proposed AD Requirements This proposed AD would require accomplishment of the actions identified as ``RC'' (required for compliance) in the Accomplishment Instructions of Boeing Alert Service Bulletin 737-53A1360, dated June 21, 2018, described previously, except for any differences identified as exceptions in the regulatory text of this proposed AD and except as discussed under ``Differences Between this Proposed AD and the Service Information.'' For information on the procedures and compliance times, see this service information at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0900. Differences Between This Proposed AD and the Service Information Boeing Alert Service Bulletin 737-53A1360, dated June 21, 2018, specifies that the additional inspections and applicable on-condition actions identified in Table 9, ``Inspection of the Fuselage Frame Integral Inboard Chord and Web from STA 360 to STA 400, Right Side,'' of Boeing Alert Service Bulletin 737-53A1360, dated June 21, 2018, must be done only for Group 3 airplanes. However, this proposed AD also requires that for Group 2 and Groups 4 through 9 airplanes identified in Boeing Alert Service Bulletin 737-53A1360, dated June 21, 2018, that have been modified to a cargo configuration, those additional inspections and applicable on-condition actions must also be done. We have coordinated this difference with Boeing. Costs of Compliance We estimate that this proposed AD affects 262 airplanes of U.S. registry. We estimate the following costs to comply with this proposed AD: Estimated Costs for Required Actions ---------------------------------------------------------------------------------------------------------------- Cost on U.S. Action Labor cost Parts cost Cost per product operators ---------------------------------------------------------------------------------------------------------------- Inspections............ Up to 243 work-hours None................... Up to $20,655 per Up to $5,411,610 x $85 per hour = inspection cycle. per inspection $20,655 per cycle. inspection cycle. ---------------------------------------------------------------------------------------------------------------- [[Page 52175]] We have received no definitive data that would enable us to provide cost estimates for the on-condition actions specified in this proposed AD. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: ``General requirements.'' Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. This proposed AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to issue ADs applicable to transport category airplanes to the Director of the System Oversight Division. Regulatory Findings We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this proposed regulation: (1) Is not a ``significant regulatory action'' under Executive Order 12866, (2) Is not a ``significant rule'' under the 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. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39--AIRWORTHINESS DIRECTIVES 0 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. Sec. 39.13 [Amended] 0 2. FAA amends Sec. 39.13 by adding the following new airworthiness directive (AD): The Boeing Company: Docket No. FAA-2018-0900; Product Identifier 2018-NM-101-AD. (a) Comments Due Date We must receive comments by November 30, 2018. (b) Affected ADs None. (c) Applicability This AD applies to The Boeing Company Model 737-100, -200, - 200C, -300, -400, and -500 series airplanes, certificated in any category, as identified in Boeing Alert Service Bulletin 737- 53A1360, dated June 21, 2018. (d) Subject Air Transport Association (ATA) of America Code 53, Fuselage. (e) Unsafe Condition This AD was prompted by reports of cracking in the frame web, frame integral inboard chord, and fail-safe chord on multiple airplanes in multiple locations below the passenger floor, in addition to an evaluation by the design approval holder (DAH) indicating that the fuselage frame splices from station (STA) 380 to STA 520 and STA 727A to STA 907 between stringers S-13 and S-14 are subject to widespread fatigue damage (WFD). We are issuing this AD to address cracks in these locations, which could grow large enough to sever frames. Continued operation with multiple adjacent severed frames or a combination of a severed frame adjacent to fuselage skin cracks in chem-milled pockets could result in a loss of structural integrity or uncontrolled decompression. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Actions for Group 1 For airplanes identified as Group 1 in Boeing Alert Service Bulletin 737-53A1360, dated June 21, 2018: Within 120 days after the effective date of this AD, inspect the airplane and do all applicable on-condition actions using a method approved in accordance with the procedures specified in paragraph (k) of this AD. (h) Inspection for Groups 2 Through 9 For airplanes identified as Groups 2 through 9 in Boeing Alert Service Bulletin 737-53A1360, dated June 21, 2018, except as specified in paragraph (i) of this AD: At the applicable times specified in paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-53A1360, dated June 21, 2018, do all applicable actions identified as ``RC'' (required for compliance) in, and in accordance with, the Accomplishment Instructions of Boeing Alert Service Bulletin 737-53A1360, dated June 21, 2018. (i) Exceptions to Service Information Specifications (1) For purposes of determining compliance with the requirements of this AD: Where Boeing Alert Service Bulletin 737-53A1360, dated June 21, 2018, uses the phrase ``the original issue date of this service bulletin,'' this AD requires using ``the effective date of this AD.'' (2) Where Boeing Alert Service Bulletin 737-53A1360, dated June 21, 2018, specifies contacting Boeing for repair instructions: This AD requires repair and applicable on-condition actions using a method approved in accordance with the procedures specified in paragraph (k) of this AD. (3) Where Boeing Alert Service Bulletin 737-53A1360, dated June 21, 2018, specifies contacting Boeing for alternative inspections: This AD requires alternative inspections using a method approved in accordance with the procedures specified in paragraph (k) of this AD. (4) For airplanes identified as Group 2 and Groups 4 through 9 in Boeing Alert Service Bulletin 737-53A1360, dated June 21, 2018, that have been modified to a cargo configuration: In addition to the actions required by paragraph (h) of this AD, the actions specified in Table 9, ``Inspection of the Fuselage Frame Integral Inboard Chord and Web from STA 360 to STA 400, Right Side,'' of Boeing Alert Service Bulletin 737-53A1360, dated June 21, 2018, must be done by doing all applicable actions identified as ``RC'' (required for compliance) in, and in accordance with, the Accomplishment Instructions of Boeing Alert Service Bulletin 737-53A1360, dated June 21, 2018, at the applicable compliance times specified in Table 9, ``Inspection of the Fuselage Frame Integral Inboard Chord and Web from STA 360 to STA 400, Right Side,'' of Boeing Alert Service Bulletin 737-53A1360, dated June 21, 2018, except as specified in paragraphs (i)(1) and (i)(2) of this AD. (j) Terminating Actions for Repetitive Inspections (1) Accomplishment of a preventative modification specified in Part 7 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737-53A1360, dated June 21, 2018, at a tooling hole location, terminates the repetitive inspections specified in Part 6 of the Accomplishment [[Page 52176]] Instructions of Boeing Alert Service Bulletin 737-53A1360, dated June 21, 2018, that are required by paragraph (h) of this AD, for that modified tooling hole location only. (2) Accomplishment of an high frequency eddy current inspection specified in Part 9 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737-53A1360, dated June 21, 2018, terminates the repetitive inspections specified in Part 2 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737-53A1360, dated June 21, 2018, that are required by paragraph (h) of this AD, at the uppermost frame splice fastener location only. (k) Alternative Methods of Compliance (AMOCs) (1) The Manager, Los Angeles ACO Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the certification office, send it to the attention of the person identified in paragraph (l)(2) of this AD. Information may be emailed to: [email protected]. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. (3) An AMOC that provides an acceptable level of safety may be used for any repair, modification, or alteration required by this AD if it is approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) that has been authorized by the Manager, Los Angeles ACO Branch, FAA, 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 (i) of this AD: For service information that contains steps that are labeled as RC, the provisions of paragraphs (k)(4)(i) and (k)(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. (l) Related Information (1) For more information about this AD, contact Lu Lu, Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3525; email: [email protected]. (2) For information about AMOCs, contact George Garrido, Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627- 5232; fax: 562-627-5210; email: [email protected]. (3) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740- 5600; telephone 562-797-1717; internet https://www.myboeingfleet.com. You may view this referenced service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. Issued in Des Moines, Washington, on October 4, 2018. Michael Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2018-22278 Filed 10-15-18; 8:45 am] BILLING CODE 4910-13-P
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for this AD, if requested using the procedures Issued in Des Moines, Washington, on p.m., Monday through Friday, except
found in 14 CFR 39.19. In accordance with October 4, 2018. Federal holidays.
14 CFR 39.19, send your request to your Michael Kaszycki,
principal inspector or local Flight Standards For service information identified in
Acting Director, System Oversight Division, this NPRM, contact Boeing Commercial
District Office, as appropriate. If sending
Aircraft Certification Service.
information directly to the manager of the Airplanes, Attention: Contractual & Data
certification office, send it to the attention of [FR Doc. 2018–22277 Filed 10–15–18; 8:45 am] Services (C&DS), 2600 Westminster
the person identified in paragraph (j)(2) of BILLING CODE 4910–13–P Blvd., MC 110–SK57, Seal Beach, CA
this AD. Information may be emailed to: 9- 90740–5600; telephone 562–797–1717;
ANM-LAACO-AMOC-Requests@faa.gov.
(2) Before using any approved AMOC, internet https://
DEPARTMENT OF TRANSPORTATION www.myboeingfleet.com. You may view
notify your appropriate principal inspector,
or lacking a principal inspector, the manager Federal Aviation Administration this referenced service information at
of the local flight standards district office/ the FAA, Transport Standards Branch,
certificate holding district office. 2200 South 216th St., Des Moines, WA.
(3) An AMOC that provides an acceptable 14 CFR Part 39
For information on the availability of
level of safety may be used for any repair, [Docket No. FAA–2018–0900; Product this material at the FAA, call 206–231–
modification, or alteration required by this Identifier 2018–NM–101–AD]
AD if it is approved by the Boeing
3195. It is also available on the internet
Commercial Airplanes Organization RIN 2120–AA64 at http://www.regulations.gov by
Designation Authorization (ODA) that has searching for and locating Docket No.
been authorized by the Manager, Los Angeles Airworthiness Directives; The Boeing FAA–2018–0900.
ACO Branch, FAA, to make those findings. Company Airplanes
To be approved, the repair method, Examining the AD Docket
modification deviation, or alteration AGENCY: Federal Aviation
deviation must meet the certification basis of Administration (FAA), DOT. You may examine the AD docket on
the airplane, and the approval must the internet at http://
ACTION: Notice of proposed rulemaking
specifically refer to this AD. www.regulations.gov by searching for
(NPRM).
(4) Except as required by paragraph (h)(2) and locating Docket No. FAA–2018–
of this AD: For service information that SUMMARY: We propose to adopt a new 0900; or in person at the Docket
contains steps that are labeled as RC, the Management Facility between 9 a.m.
airworthiness directive (AD) for certain
provisions of paragraphs (i)(4)(i) and (i)(4)(ii) and 5 p.m., Monday through Friday,
of this AD apply. The Boeing Company Model 737–100,
(i) The steps labeled as RC, including –200, –200C, –300, –400, and –500 except Federal holidays. The AD docket
substeps under an RC step and any figures series airplanes. This proposed AD was contains this NPRM, the regulatory
identified in an RC step, must be done to prompted by reports of cracking in the evaluation, any comments received, and
comply with the AD. If a step or substep is frame web, frame integral inboard other information. The street address for
labeled ‘‘RC Exempt,’’ then the RC chord, and fail-safe chord on multiple the Docket Office (phone: 800–647–
requirement is removed from that step or airplanes in multiple locations below 5527) is in the ADDRESSES section.
substep. An AMOC is required for any the passenger floor, in addition to an Comments will be available in the AD
deviations to RC steps, including substeps docket shortly after receipt.
and identified figures. evaluation by the design approval
(ii) Steps not labeled as RC may be holder (DAH) indicating that certain FOR FURTHER INFORMATION CONTACT: Lu
deviated from using accepted methods in fuselage frame splices are subject to Lu, Aerospace Engineer, Airframe
accordance with the operator’s maintenance widespread fatigue damage (WFD). This Section, FAA, Seattle ACO Branch, 2200
or inspection program without obtaining proposed AD would require repetitive South 216th St., Des Moines, WA 98198;
approval of an AMOC, provided the RC steps, inspections of certain fuselage upper
including substeps and identified figures, can phone and fax: 206–231–3525; email:
frames, side frames, fail-safe chords, lu.lu@faa.gov.
still be done as specified, and the airplane inboard chords, frame webs, and
can be put back in an airworthy condition. SUPPLEMENTARY INFORMATION:
stringers; an inspection for the presence
(j) Related Information of repairs in certain inspections zones Comments Invited
(1) For more information about this AD, and open tooling holes; and applicable
contact Lu Lu, Aerospace Engineer, Airframe on-condition actions. We are proposing We invite you to send any written
Section, FAA, Seattle ACO Branch, 2200 this AD to address the unsafe condition relevant data, views, or arguments about
South 216th St., Des Moines, WA 98198; on these products. this proposal. Send your comments to
phone and fax: 206–231–3525; email: lu.lu@
faa.gov. DATES: We must receive comments on an address listed under the ADDRESSES
(2) For information about AMOCs, contact this proposed AD by November 30, section. Include ‘‘Docket No. FAA–
George Garrido, Aerospace Engineer, 2018. 2018–0900; Product Identifier 2018–
Airframe Section, FAA, Los Angeles ACO ADDRESSES: You may send comments, NM–101–AD’’ at the beginning of your
Branch, 3960 Paramount Boulevard,
using the procedures found in 14 CFR comments. We specifically invite
Lakewood, CA 90712–4137; phone: 562–627– comments on the overall regulatory,
5232; fax: 562–627–5210; email: 11.43 and 11.45, by any of the following
methods: economic, environmental, and energy
george.garrido@faa.gov. aspects of this NPRM. We will consider
(3) For service information identified in • Federal eRulemaking Portal: Go to
this AD, contact Boeing Commercial http://www.regulations.gov. Follow the all comments received by the closing
Airplanes, Attention: Contractual & Data instructions for submitting comments. date and may amend this NPRM
amozie on DSK3GDR082PROD with PROPOSALS1
Services (C&DS), 2600 Westminster Blvd., • Fax: 202–493–2251. because of those comments.
MC 110–SK57, Seal Beach, CA 90740–5600; • Mail: U.S. Department of We will post all comments we
telephone 562–797–1717; internet https:// Transportation, Docket Operations, receive, without change, to http://
www.myboeingfleet.com. You may view this
referenced service information at the FAA,
M–30, West Building Ground Floor, www.regulations.gov, including any
Transport Standards Branch, 2200 South Room W12–140, 1200 New Jersey personal information you provide. We
216th St., Des Moines, WA. For information Avenue SE, Washington, DC 20590. will also post a report summarizing each
on the availability of this material at the • Hand Delivery: Deliver to Mail substantive verbal contact we receive
FAA, call 206–231–3195. address above between 9 a.m. and 5 about this proposed AD.
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We have received no definitive data List of Subjects in 14 CFR Part 39 dated June 21, 2018: Within 120 days after
that would enable us to provide cost the effective date of this AD, inspect the
Air transportation, Aircraft, Aviation airplane and do all applicable on-condition
estimates for the on-condition actions safety, Incorporation by reference, actions using a method approved in
specified in this proposed AD. Safety. accordance with the procedures specified in
Authority for This Rulemaking paragraph (k) of this AD.
The Proposed Amendment
Title 49 of the United States Code (h) Inspection for Groups 2 Through 9
Accordingly, under the authority
specifies the FAA’s authority to issue delegated to me by the Administrator, For airplanes identified as Groups 2
rules on aviation safety. Subtitle I, the FAA proposes to amend 14 CFR part through 9 in Boeing Alert Service Bulletin
section 106, describes the authority of 737–53A1360, dated June 21, 2018, except as
39 as follows: specified in paragraph (i) of this AD: At the
the FAA Administrator. Subtitle VII:
applicable times specified in paragraph 1.E.,
Aviation Programs, describes in more PART 39—AIRWORTHINESS ‘‘Compliance,’’ of Boeing Alert Service
detail the scope of the Agency’s DIRECTIVES Bulletin 737–53A1360, dated June 21, 2018,
authority. do all applicable actions identified as ‘‘RC’’
We are issuing this rulemaking under ■ 1. The authority citation for part 39 (required for compliance) in, and in
the authority described in Subtitle VII, continues to read as follows: accordance with, the Accomplishment
Part A, Subpart III, Section 44701: Authority: 49 U.S.C. 106(g), 40113, 44701. Instructions of Boeing Alert Service Bulletin
‘‘General requirements.’’ Under that 737–53A1360, dated June 21, 2018.
section, Congress charges the FAA with § 39.13 [Amended]
(i) Exceptions to Service Information
promoting safe flight of civil aircraft in ■ 2. FAA amends § 39.13 by adding the Specifications
air commerce by prescribing regulations following new airworthiness directive (1) For purposes of determining
for practices, methods, and procedures (AD): compliance with the requirements of this AD:
the Administrator finds necessary for The Boeing Company: Docket No. FAA– Where Boeing Alert Service Bulletin 737–
safety in air commerce. This regulation 2018–0900; Product Identifier 2018– 53A1360, dated June 21, 2018, uses the
is within the scope of that authority NM–101–AD. phrase ‘‘the original issue date of this service
because it addresses an unsafe condition bulletin,’’ this AD requires using ‘‘the
(a) Comments Due Date effective date of this AD.’’
that is likely to exist or develop on
We must receive comments by November (2) Where Boeing Alert Service Bulletin
products identified in this rulemaking
30, 2018. 737–53A1360, dated June 21, 2018, specifies
action. contacting Boeing for repair instructions:
This proposed AD is issued in (b) Affected ADs This AD requires repair and applicable on-
accordance with authority delegated by None. condition actions using a method approved
the Executive Director, Aircraft in accordance with the procedures specified
Certification Service, as authorized by (c) Applicability in paragraph (k) of this AD.
FAA Order 8000.51C. In accordance This AD applies to The Boeing Company (3) Where Boeing Alert Service Bulletin
with that order, issuance of ADs is Model 737–100, –200, –200C, –300, –400, 737–53A1360, dated June 21, 2018, specifies
normally a function of the Compliance and –500 series airplanes, certificated in any contacting Boeing for alternative inspections:
category, as identified in Boeing Alert This AD requires alternative inspections
and Airworthiness Division, but during Service Bulletin 737–53A1360, dated June using a method approved in accordance with
this transition period, the Executive 21, 2018. the procedures specified in paragraph (k) of
Director has delegated the authority to this AD.
issue ADs applicable to transport (d) Subject (4) For airplanes identified as Group 2 and
category airplanes to the Director of the Air Transport Association (ATA) of Groups 4 through 9 in Boeing Alert Service
System Oversight Division. America Code 53, Fuselage. Bulletin 737–53A1360, dated June 21, 2018,
that have been modified to a cargo
Regulatory Findings (e) Unsafe Condition
configuration: In addition to the actions
This AD was prompted by reports of required by paragraph (h) of this AD, the
We determined that this proposed AD
cracking in the frame web, frame integral actions specified in Table 9, ‘‘Inspection of
would not have federalism implications inboard chord, and fail-safe chord on the Fuselage Frame Integral Inboard Chord
under Executive Order 13132. This multiple airplanes in multiple locations and Web from STA 360 to STA 400, Right
proposed AD would not have a below the passenger floor, in addition to an Side,’’ of Boeing Alert Service Bulletin 737–
substantial direct effect on the States, on evaluation by the design approval holder 53A1360, dated June 21, 2018, must be done
the relationship between the national (DAH) indicating that the fuselage frame by doing all applicable actions identified as
Government and the States, or on the splices from station (STA) 380 to STA 520 ‘‘RC’’ (required for compliance) in, and in
distribution of power and and STA 727A to STA 907 between stringers accordance with, the Accomplishment
responsibilities among the various S–13 and S–14 are subject to widespread Instructions of Boeing Alert Service Bulletin
fatigue damage (WFD). We are issuing this 737–53A1360, dated June 21, 2018, at the
levels of government.
AD to address cracks in these locations, applicable compliance times specified in
For the reasons discussed above, I
which could grow large enough to sever Table 9, ‘‘Inspection of the Fuselage Frame
certify this proposed regulation: frames. Continued operation with multiple Integral Inboard Chord and Web from STA
(1) Is not a ‘‘significant regulatory adjacent severed frames or a combination of 360 to STA 400, Right Side,’’ of Boeing Alert
action’’ under Executive Order 12866, a severed frame adjacent to fuselage skin Service Bulletin 737–53A1360, dated June
(2) Is not a ‘‘significant rule’’ under cracks in chem-milled pockets could result in 21, 2018, except as specified in paragraphs
the DOT Regulatory Policies and a loss of structural integrity or uncontrolled (i)(1) and (i)(2) of this AD.
Procedures (44 FR 11034, February 26, decompression.
amozie on DSK3GDR082PROD with PROPOSALS1
(j) Terminating Actions for Repetitive
1979), (f) Compliance Inspections
(3) Will not affect intrastate aviation
Comply with this AD within the (1) Accomplishment of a preventative
in Alaska, and
compliance times specified, unless already modification specified in Part 7 of the
(4) Will not have a significant Accomplishment Instructions of Boeing Alert
done.
economic impact, positive or negative, Service Bulletin 737–53A1360, dated June
on a substantial number of small entities (g) Actions for Group 1 21, 2018, at a tooling hole location,
under the criteria of the Regulatory For airplanes identified as Group 1 in terminates the repetitive inspections
Flexibility Act. Boeing Alert Service Bulletin 737–53A1360, specified in Part 6 of the Accomplishment
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![52176 Federal Register / Vol. 83, No. 200 / Tuesday, October 16, 2018 / Proposed Rules
Instructions of Boeing Alert Service Bulletin phone and fax: 206–231–3525; email: lu.lu@ a user should take to demonstrate she
737–53A1360, dated June 21, 2018, that are faa.gov. has made a good faith, reasonable
required by paragraph (h) of this AD, for that (2) For information about AMOCs, contact search. The Office also solicits
modified tooling hole location only. George Garrido, Aerospace Engineer, comments regarding the filing
(2) Accomplishment of an high frequency Airframe Section, FAA, Los Angeles ACO
eddy current inspection specified in Part 9 of Branch, 3960 Paramount Boulevard,
requirements for the user to submit a
the Accomplishment Instructions of Boeing Lakewood, CA 90712–4137; phone: 562–627– notice of noncommercial use and for a
Alert Service Bulletin 737–53A1360, dated 5232; fax: 562–627–5210; email: rights owner to submit a notice
June 21, 2018, terminates the repetitive george.garrido@faa.gov. objecting to such use.
inspections specified in Part 2 of the (3) For service information identified in DATES: Initial written comments must be
Accomplishment Instructions of Boeing Alert this AD, contact Boeing Commercial received no later than 11:59 p.m.
Service Bulletin 737–53A1360, dated June Airplanes, Attention: Contractual & Data Eastern Time on November 15, 2018.
21, 2018, that are required by paragraph (h) Services (C&DS), 2600 Westminster Blvd., Written reply comments must be
of this AD, at the uppermost frame splice MC 110–SK57, Seal Beach, CA 90740–5600;
telephone 562–797–1717; internet https://
received no later than 11:59 p.m.
fastener location only.
www.myboeingfleet.com. You may view this Eastern Time on November 30, 2018.
(k) Alternative Methods of Compliance referenced service information at the FAA, Rather than reserving time for potential
(AMOCs) Transport Standards Branch, 2200 South extensions of time to file comments,
(1) The Manager, Los Angeles ACO Branch, 216th St., Des Moines, WA. For information commenting parties should be aware
FAA, has the authority to approve AMOCs on the availability of this material at the that the Office has already established
for this AD, if requested using the procedures FAA, call 206–231–3195. what it believes to be the most
found in 14 CFR 39.19. In accordance with reasonable deadlines consistent with the
14 CFR 39.19, send your request to your Issued in Des Moines, Washington, on
October 4, 2018.
statutory deadlines by which it must
principal inspector or local Flight Standards
District Office, as appropriate. If sending promulgate the regulations described in
Michael Kaszycki,
information directly to the manager of the this notice of inquiry.
Acting Director, System Oversight Division,
certification office, send it to the attention of ADDRESSES: For reasons of government
Aircraft Certification Service.
the person identified in paragraph (l)(2) of efficiency, the Copyright Office is using
this AD. Information may be emailed to: 9- [FR Doc. 2018–22278 Filed 10–15–18; 8:45 am]
the regulations.gov system for the
ANM-LAACO-AMOC-Requests@faa.gov. BILLING CODE 4910–13–P
submission and posting of public
(2) Before using any approved AMOC, comments in this proceeding. All
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
comments are therefore to be submitted
LIBRARY OF CONGRESS electronically through regulations.gov.
of the local flight standards district office/
certificate holding district office. Specific instructions for submitting
Copyright Office
(3) An AMOC that provides an acceptable comments are available on the
level of safety may be used for any repair, Copyright Office’s website at https://
37 CFR Part 201
modification, or alteration required by this www.copyright.gov/rulemaking/
AD if it is approved by the Boeing [Docket No. 2018–8] pre1972-soundrecordings-
Commercial Airplanes Organization noncommercial/. If electronic
Designation Authorization (ODA) that has Noncommercial Use of Pre-1972 Sound submission of comments is not feasible
been authorized by the Manager, Los Angeles Recordings That Are Not Being
ACO Branch, FAA, to make those findings.
due to lack of access to a computer and/
Commercially Exploited or the internet, please contact the Office
To be approved, the repair method,
modification deviation, or alteration AGENCY: U.S. Copyright Office, Library using the contact information below for
deviation must meet the certification basis of of Congress. special instructions.
the airplane, and the approval must ACTION: Notice of inquiry. FOR FURTHER INFORMATION CONTACT:
specifically refer to this AD. Regan A. Smith, General Counsel and
(4) Except as required by paragraph (i) of SUMMARY: The U.S. Copyright Office is Associate Register of Copyrights, by
this AD: For service information that issuing a notice of inquiry regarding the email at regans@copyright.gov, Anna
contains steps that are labeled as RC, the Classics Protection and Access Act, title
provisions of paragraphs (k)(4)(i) and
Chauvet, Assistant General Counsel, by
(k)(4)(ii) of this AD apply.
II of the recently enacted Orrin G. email at achau@copyright.gov, or Jason
(i) The steps labeled as RC, including Hatch–Bob Goodlatte Music E. Sloan, Assistant General Counsel, by
substeps under an RC step and any figures Modernization Act. In connection with email at jslo@copyright.gov. Each can be
identified in an RC step, must be done to the establishment of federal remedies contacted by telephone by calling (202)
comply with the AD. If a step or substep is for unauthorized uses of sound 707–8350.
labeled ‘‘RC Exempt,’’ then the RC recordings fixed before February 15, SUPPLEMENTARY INFORMATION:
requirement is removed from that step or 1972 (‘‘Pre-1972 Sound Recordings’’),
substep. An AMOC is required for any Congress also established an exception I. Background
deviations to RC steps, including substeps for certain noncommercial uses of Pre- On October 11, 2018, the president
and identified figures.
(ii) Steps not labeled as RC may be
1972 Sound Recordings that are not signed into law the Orrin G. Hatch–Bob
deviated from using accepted methods in being commercially exploited. To Goodlatte Music Modernization Act,
accordance with the operator’s maintenance qualify for this exemption, a user must H.R. 1551 (‘‘MMA’’). Title II of the
or inspection program without obtaining file a notice of noncommercial use after MMA, the Classics Protection and
approval of an AMOC, provided the RC steps, conducting a good faith, reasonable Access Act, created chapter 14 of the
amozie on DSK3GDR082PROD with PROPOSALS1
including substeps and identified figures, can search to determine whether the Pre- copyright law, title 17, United States
still be done as specified, and the airplane 1972 Sound Recording is being Code, which, among other things,
can be put back in an airworthy condition. commercially exploited, and the rights extends remedies for copyright
(l) Related Information owner of the sound recording must not infringement to owners of sound
(1) For more information about this AD, object to the use within 90 days. To recordings fixed before February 15,
contact Lu Lu, Aerospace Engineer, Airframe promulgate the regulations required by 1972 (‘‘Pre-1972 Sound Recordings’’).
Section, FAA, Seattle ACO Branch, 2200 the new statute, the Office is soliciting Under the provision, rights owners may
South 216th St., Des Moines, WA 98198; comments regarding specific steps that be eligible to recover statutory damages
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Document Created: 2018-10-15 23:42:09
Document Modified: 2018-10-15 23:42:09
| 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 | Proposed Rules | |
| Action | Notice of proposed rulemaking (NPRM). | |
| Dates | We must receive comments on this proposed AD by November 30, 2018. | |
| Contact | Lu Lu, Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3525; email: [email protected] | |
| FR Citation | 83 FR 52173 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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