Rule2022-00588
Airworthiness Directives; The Boeing Company Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 18, 2022
Effective
February 22, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is superseding Airworthiness Directive (AD) 2017-23- 02, which applied to certain The Boeing Company Model 737-200, -200C, - 300, -400, and -500 series airplanes. AD 2017-23-02 required repetitive inspections, replacement, and applicable on-condition actions for certain fuselage crown skin panels. This AD was prompted by an evaluation by the design approval holder indicating that the fuselage crown skin panels are subject to widespread fatigue damage. This AD retains the actions in AD 2017-23-02, revises certain airplane configurations and inspection locations, and adds airplanes to the applicability. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 87 Issue 11 (Tuesday, January 18, 2022)</title>
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[Federal Register Volume 87, Number 11 (Tuesday, January 18, 2022)]
[Rules and Regulations]
[Pages 2525-2527]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-00588]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0665; Project Identifier AD-2021-00270-T;
Amendment 39-21848; AD 2021-25-05]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2017-23-
02, which applied to certain The Boeing Company Model 737-200, -200C, -
300, -400, and -500 series airplanes. AD 2017-23-02 required repetitive
inspections, replacement, and applicable on-condition actions for
certain fuselage crown skin panels. This AD was prompted by an
evaluation by the design approval holder indicating that the fuselage
crown skin panels are subject to widespread fatigue damage. This AD
retains the actions in AD 2017-23-02, revises certain airplane
configurations and inspection locations, and adds airplanes to the
applicability. The FAA is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective February 22, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of February 22,
2022.
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 <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>. You may view this service information at the
FAA, Airworthiness Products Section, Operational Safety 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 at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No.
FAA-2021-0665.
Examining the AD Docket
You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2021-0665; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, any
comments received, and other information. The address for Docket
Operations is U.S. Department of Transportation, Docket Operations, M-
30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: James Guo, Aerospace Engineer,
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5357; email:
<a href="/cdn-cgi/l/email-protection#395358545c4a175e4c56795f5858175e564f"><span class="__cf_email__" data-cfemail="761c171b1305581103193610171758111900">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2017-23-02, Amendment 39-19096 (82 FR
52835, November 15, 2017) (AD 2017-23-02). AD 2017-23-02 applied to
certain The Boeing Company Model 737-200, -200C, -300, -400, and -500
series airplanes. The NPRM published in the Federal Register on August
24, 2021 (86 FR 47260). The NPRM was prompted by an evaluation by the
design approval holder indicating that the fuselage crown skin panels
are subject to widespread fatigue damage. In the NPRM, the FAA proposed
to retain the actions in AD 2017-23-02, revise certain airplane
configurations and inspection locations, and add airplanes to the
applicability. The FAA is issuing this AD to address cracking in the
fuselage crown skin panels. Multiple adjacent cracks in the fuselage
crown skin could link up and lead to decompression or loss of
structural integrity of the airplane.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from one commenter. The following
presents the comment received on the NPRM and the FAA's response.
Effect of Winglets on Accomplishment of the Proposed Actions
Aviation Partners Boeing stated that the installation of winglets
per Supplemental Type Certificate (STC) ST01219SE does not affect the
actions specified in the proposed AD.
The FAA concurs with the commenter. The FAA has redesignated
paragraph (c) of the proposed AD as paragraph (c)(1) of this AD and
added paragraph (c)(2) to this AD to state that installation of STC
ST01219SE does not affect the ability to accomplish the actions
required by this AD. Therefore,
[[Page 2526]]
for airplanes on which STC ST01219SE is installed, a ``change in
product'' alternative method of compliance (AMOC) approval request is
not necessary to comply with the requirements of 14 CFR 39.17.
Conclusion
The FAA reviewed the relevant data, considered any comments
received, and determined that air safety requires adopting this AD as
proposed. Except for minor editorial changes, and any other changes
described previously, this AD is adopted as proposed in the NPRM. None
of the changes will increase the economic burden on any operator.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Boeing Alert Service Bulletin 737-53A1358,
Revision 1, dated February 26, 2021. This service information specifies
procedures for repetitive non-destructive inspections for cracking,
replacement of certain fuselage crown skin panels, and applicable on-
condition actions. On-condition actions include a general visual
inspection of certain repairs for any loose or missing fasteners, a low
frequency eddy current (LFEC) inspection of certain repairs for
cracking, and repair. This service information is reasonably available
because the interested parties have access to it through their normal
course of business or by the means identified in ADDRESSES.
Costs of Compliance
The FAA estimates that this AD affects 143 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs
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Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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Inspection................. Up to 507 work-hours $0 Up to $43,095 per Up to $6,162,585 per
x $85 per hour = Up inspection cycle. inspection cycle.
to $43,095 per
inspection cycle.
Replacement................ 304 work-hours x $85 95,000 $120,840 per skin $17,280,120 per skin
per hour = $25,840 panel. panel.
per skin panel.
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The FAA estimates the following costs to do any necessary
inspections that would be required based on the results of the
inspection. The FAA has no way of determining the number of aircraft
that might need these inspections:
On-Condition Costs
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Cost per
Action Labor cost Parts cost product
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LFEC inspection............................... 1 work-hours x $85 per hour = $0 $85
$85.
General visual inspection..................... 1 work-hour x $85 per hour = $85 0 85
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The FAA has received no definitive data on which to base the cost
estimates for the on-condition repairs specified in this AD.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
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:
0
a. Removing Airworthiness Directive (AD) 2017-23-02, Amendment 39-19096
(82 FR 52835, November 15, 2017); and
0
b. Adding the following new AD:
2021-25-05 The Boeing Company: Amendment 39-21848; Docket No. FAA-
2021-0665; Project Identifier AD-2021-00270-T.
(a) Effective Date
This airworthiness directive (AD) is effective February 22,
2022.
[[Page 2527]]
(b) Affected ADs
This AD replaces AD 2017-23-02, Amendment 39-19096 (82 FR 52835,
November 15, 2017) (AD 2017-23-02).
(c) Applicability
(1) 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-
53A1358, Revision 1, dated February 26, 2021.
(2) Installation of Supplemental Type Certificate (STC)
ST01219SE does not affect the ability to accomplish the actions
required by this AD. Therefore, for airplanes on which STC ST01219SE
is installed, a ``change in product'' alternative method of
compliance (AMOC) approval request is not necessary to comply with
the requirements of 14 CFR 39.17.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by an evaluation by the design approval
holder indicating that the fuselage crown skin panels are subject to
widespread fatigue damage. This AD was also prompted by a
determination that certain airplane configurations and inspection
locations need to be revised, and that additional airplanes are
subject to the unsafe condition. The FAA is issuing this AD to
address cracking in the fuselage crown skin panels. Multiple
adjacent cracks in the fuselage crown skin could link up and lead to
decompression or loss of structural integrity of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Actions for Group 43 Airplanes
For airplanes identified as Group 43 in Boeing Alert Service
Bulletin 737-53A1358, Revision 1, dated February 26, 2021, 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 (j) of this
AD
(h) Required Actions for Groups 1 Through 42 Airplanes
For airplanes identified as Groups 1 through 42 in Boeing Alert
Service Bulletin 737-53A1358, Revision 1, dated February 26, 2021,
except as specified by paragraph (i) of this AD: At the applicable
times specified in paragraph 1.E., ``Compliance,'' of Boeing Alert
Service Bulletin 737-53A1358, Revision 1, dated February 26, 2021,
do all applicable actions identified as ``RC'' (required for
compliance) in, and in accordance with, the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-53A1358, Revision
1, dated February 26, 2021. Actions identified as terminating action
in Boeing Alert Service Bulletin 737-53A1358, Revision 1, dated
February 26, 2021, terminate the applicable required actions of this
AD, provided the terminating action is done in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
53A1358, Revision 1, dated February 26, 2021.
(i) Exceptions to Service Information Specifications
(1) Where Boeing Alert Service Bulletin 737-53A1358, Revision 1,
dated February 26, 2021, uses the phrase ``the original issue date
of this service bulletin,'' this AD requires using ``December 20,
2017'' (the effective date of AD 2017-23-02).
(2) Where Boeing Alert Service Bulletin 737-53A1358, Revision 1,
dated February 26, 2021, specifies contacting Boeing for repair
instructions or for work instructions, this AD requires doing the
repair, or doing the work instructions and applicable on-condition
actions using a method approved in accordance with the procedures
specified in paragraph (j) of this AD.
(3) Part 7 of Boeing Alert Service Bulletin 737-53A1358,
Revision 1, dated February 26, 2021, specifies post-modification
airworthiness limitation inspections in compliance with 14 CFR
25.571(a)(3) at the modified locations to support compliance with 14
CFR 121.1109(c)(2) or 129.109(b)(2). Although Part 7 is identified
as RC, this AD does not require accomplishment of Part 7. 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 AMOC.
(j) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Los Angeles ACO Branch, FAA, has the authority
to approve AMOCs for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your
request to your principal inspector or responsible Flight Standards
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in Related Information. Information may be emailed
to: <a href="/cdn-cgi/l/email-protection#c6ffeb87888beb8a87878589eb878b8985eb94a3b7b3a3b5b2b586a0a7a7e8a1a9b0"><span class="__cf_email__" data-cfemail="ac9581ede2e181e0ededefe381ede1e3ef81fec9ddd9c9dfd8dfeccacdcd82cbc3da">[email protected]</span></a>.
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards 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 Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Los
Angeles ACO Branch, FAA, to make those findings. To be approved, the
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 AD 2017-23-02 are approved as AMOCs for
the corresponding provisions of Boeing Alert Service Bulletin 737-
53A1358, Revision 1, dated February 26, 2021, that are required by
paragraph (h) of this AD.
(5) Except as specified by paragraph (i)(2) of this AD: For
service information that contains steps that are labeled as Required
for Compliance (RC), the provisions of paragraphs (j)(5)(i) and (ii)
of this AD apply.
(i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
(ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.
(k) Related Information
For more information about this AD, contact James Guo, Aerospace
Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 3960
Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5357;
email: <a href="/cdn-cgi/l/email-protection#600a010d05134e07150f200601014e070f16"><span class="__cf_email__" data-cfemail="f79d969a9284d9908298b7919696d9909881">[email protected]</span></a>.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Boeing Alert Service Bulletin 737-53A1358, Revision 1, dated
February 26, 2021.
(ii) [Reserved]
(3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.
(4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call 206-231-3195.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email <a href="/cdn-cgi/l/email-protection#563024783f3825263335223f3938163837243778313920"><span class="__cf_email__" data-cfemail="1b7d69357275686b7e786f7274755b757a697a357c746d">[email protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on November 30, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-00588 Filed 1-14-22; 8:45 am]
BILLING CODE 4910-13-P
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