Rule2023-08477
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
April 24, 2023
Effective
May 30, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. This AD was prompted by reports of missing shims, a wrong type of shim, shanked fasteners, fastener head gaps, and incorrect hole sizes common to the left and right sides at a certain station (STA) frame inner chord and web. This AD requires inspecting for existing repairs, inspecting the area for cracking, and performing applicable on-condition actions. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 88 Issue 78 (Monday, April 24, 2023)</title>
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[Federal Register Volume 88, Number 78 (Monday, April 24, 2023)]
[Rules and Regulations]
[Pages 24678-24681]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08477]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0815; Project Identifier AD-2021-00679-T;
Amendment 39-22401; AD 2023-06-15]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain The Boeing Company Model 737-600, -700, -700C, -800, -900, and
-900ER series airplanes. This AD was prompted by reports of missing
shims, a wrong type of shim, shanked fasteners, fastener head gaps, and
incorrect hole sizes common to the left and right sides at a certain
station (STA) frame inner chord and web. This AD requires inspecting
for existing repairs, inspecting the area for cracking, and performing
applicable on-condition actions. The FAA is issuing this AD to address
the unsafe condition on these products.
DATES: This AD is effective May 30, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publications listed in this AD as of May 30,
2023.
ADDRESSES:
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2022-0815; 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.
Material Incorporated by Reference:
<bullet> 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; website <a href="http://myboeingfleet.com">myboeingfleet.com</a>.
<bullet> 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="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2022-0815.
FOR FURTHER INFORMATION CONTACT: Bill Ashforth, Aerospace Engineer,
Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des
Moines, WA 98198; phone: 206-231-3520; email: <a href="/cdn-cgi/l/email-protection#dcbeb5b0b0f2bdafb4bab3aea8b49cbabdbdf2bbb3aa"><span class="__cf_email__" data-cfemail="c9aba0a5a5e7a8baa1afa6bbbda189afa8a8e7aea6bf">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain The Boeing
Company Model 737-600, -700, -700C, -800, -900, and -900ER series
airplanes. The NPRM published in the Federal Register on September 9,
2022 (87 FR 55325). The NPRM was prompted by reports of missing shims,
a wrong type of shim, shanked fasteners, fastener head gaps, and
incorrect hole sizes common to the left and right sides at a certain
station (STA) frame inner chord and web. In the NPRM, the FAA proposed
to require inspecting for existing repairs, inspecting the area for
cracking, and performing applicable on-condition actions. The FAA is
issuing this AD to address cracking in the left and right sides of STA
727 frame inner chord and S-18A web before the cracking reaches a
critical length. This condition, if not addressed, could result in
cracks in fatigue critical baseline structure (FCBS) and the inability
of a principal structural element (PSE) to sustain limit load, which
could adversely affect the structural integrity of the airplane.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from six commenters, including American
Airlines (AAL), Aviation Partners Boeing (APB), Boeing, Southwest
Airlines (SWA), United Airlines (UAL), and one individual. The
following presents the comments received on the NPRM and the FAA's
response to each comment, except the comment from an individual, which
was outside the scope of this AD.
Request To Include Revised Service Information
SWA, UAL, and AAL noted that Boeing planned to issue Revision 1 of
Boeing Requirements Bulletin 737-53A1402 RB, and requested
consideration for its incorporation into the final rule.
SWA requested that the FAA issue a global AMOC for use of Revision
1 for the requirements.
AAL and UAL noted that the original requirements bulletin had two
issues of concern:
<bullet> Figures 3, 4, 5, and 6 identify fastener part number (P/N)
BACN11E4 as a replacement part. The commenters noted that the fastener
has been superseded, and the alternative part, P/N BACN11E4V, is not
listed in the Boeing Structural Repair Manual.
<bullet> Figures 5 and 6 specify installing a shim regardless of
the measured gap, but also state that a gap of 0.006 inch is acceptable
after shimming. AAL added that the original requirements bulletin does
not give any instructions if the gap is 0.006 inch or less prior to
shim installation.
The commenters noted that Revision 1 addresses both issues, and
requested that the FAA either (1) delay issuance of the final rule
pending release of Revision 1 or (2) revise the proposed AD to allow
use of the alternative fasteners and forgo installation of a shim for a
gap of 0.006 inch or less prior to shim installation.
The FAA agrees with the request. Boeing has confirmed that P/N
BACN11E4 is no longer available, and the new replacement P/N is
BACN11E4V. The FAA has reviewed Boeing Alert Requirements Bulletin
[[Page 24679]]
737-53A14020 RB, Revision 1, dated January 30, 2023, which updates the
fastener callouts and clarifies that shim installation is not required
when the measurement of the gap without shim and fasteners installed is
0.006 inch or less. These changes do not impose any additional work
over that specified in the original requirements bulletin. The FAA has
revised this AD to require accomplishment of Revision 1 of the
requirements bulletin and to provide credit for the original
requirements bulletin in paragraph (i)(1) of this AD.
Effects of Winglets on Accomplishment of the Proposed Actions
APB and SWA commented regarding the installation of blended or
split scimitar winglets per Supplemental Type Certificate (STC)
ST00830SE and the effect of that installation on compliance with the
proposed actions. SWA further requested a change to paragraph (c) of
the proposed AD to clarify that the installation of STC ST00830SE does
not affect the accomplishment of the manufacturer's service
instructions.
The FAA agrees to clarify that the installation of winglets per STC
ST00830SE does not affect the accomplishment of the manufacturer's
service instructions. Therefore, the installation of STC ST00830SE does
not affect the ability to accomplish the actions required by this AD.
Operators of airplanes with these winglets do not need to request a
``change in product'' alternative method of compliance (AMOC) approval
as specified in 14 CFR 39.17. 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 accordingly.
Request To Correct Typographical Error
Boeing requested the correction of a typographical error in the
``Related Service Information under 1 CFR part 51'' section of the
preamble of the NPRM. The commenter noted that ``HFECD'' should be
corrected to ``HFEC.''
The FAA agrees with the request. The instance of ``HFECD'' has been
changed to ``HFEC'' in the preamble of this AD as requested.
Request To Make Required Action Optional
SWA requested that the initial general visual inspection (GVI) for
existing repairs be optional for airplanes in Group 1, Configuration 2,
on which Boeing Alert Requirements Bulletin 737-53A1385 RB, dated
August 16, 2019, has already been accomplished. SWA noted that Table 1
and Table 2 of Boeing Alert Requirements Bulletin 737-53A1385 RB, dated
August 16, 2019, require the initial GVI for existing repairs, and that
including this step in Table 3 and Table 4 of Boeing Alert Requirements
Bulletin 737-53A1402 RB, dated July 2, 2021, would necessitate
reporting that had already been done in Boeing Alert Requirements
Bulletin 737-53A1385 RB, dated August 16, 2019. The commenter further
noted that Boeing Alert Service Bulletin 737-53A1402, dated July 2,
2021, does not require re-reporting of existing repairs for Group 1,
Configuration 1, airplanes after the shim installation or during the
post-repair repetitive inspections.
The FAA partially agrees with this request. Boeing Requirements
Bulletin 737-53A1385 RB specifies inspecting for existing repairs,
contacting Boeing if any repair is found, and checking for a gap if no
repair is found. The FAA agrees that reports for Boeing Alert
Requirements Bulletin 737-53A1402 RB, dated July 2, 2021, Group 1,
Configuration 2, need not be repeated if an inspection was previously
done as specified in Boeing Requirements Bulletin 737-53A1385 RB.
However, rather than making this required action optional, paragraph
(i) has been added to this AD giving operators credit for completing
that task before the effective date of this AD using Boeing
Requirements Bulletin 737-53A1385 RB, dated August 16, 2019.
Request for Additional AMOC
SWA requested that for any AMOC received with regard to AD 2015-08-
09, Amendment 39-18145 (80 FR 24195, April 30, 2015) (AD 2015-08-09),
an AMOC to the proposed AD be included as well, to alleviate the
requirement to obtain a revised FAA 8100-9 for any AMOC to the proposed
AD.
The FAA does not agree with the request. AD 2015-08-09 mandated
Boeing Alert Service Bulletin 737-53A1325, dated December 3, 2013, and
this AD does not supersede AD 2015-08-09; therefore, AMOCs approved for
AD 2015-08-09 will continue to be in force and are not affected by the
required actions of this AD.
Conclusion
The FAA reviewed the relevant data, considered any comments
received, and determined that air safety requires adopting this AD as
proposed. Accordingly, the FAA is issuing this AD to address the unsafe
condition on these products. 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 Requirements Bulletin 737-53A1402 RB,
Revision 1, dated January 30, 2023. This service information specifies
procedures for a general visual inspection of the left and right sides
of STA 727 frame inner chord at S-18A for existing repairs, an open
hole high frequency eddy current (HFEC) inspection of the left and
right side entire stackup of the STA 727 frame inner chord at S-18A for
cracking (for certain configurations), a surface HFEC inspection of the
left and right side STA 727 frame inner chord at S-18A web for
cracking, and applicable on-condition actions. On-condition actions
include installation of a new shim, a surface HFEC inspection of the
STA 727 frame inner chord at S-18A 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 1,925 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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General visual inspection............. 2 work-hours x $85 per $0 $170 $327,250
hour = $170.
HFEC inspection and shim installation. 5 work-hours x $85 per 0 425 818,125
hour = $425.
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[[Page 24680]]
The FAA estimates the following costs to do any necessary repairs
or inspections that would be required based on the results of the
inspection. The agency has no way of determining the number of aircraft
that might need these repairs or inspections:
On-Condition Costs
----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product
----------------------------------------------------------------------------------------------------------------
Inspection................................... 3 work hours x $85 per hour = $0 $255
$255.
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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 adding the following new airworthiness
directive:
2023-06-15 The Boeing Company: Amendment 39-22401; Docket No. FAA-
2022-0815; Project Identifier AD-2021-00679-T.
(a) Effective Date
This airworthiness directive (AD) is effective May 30, 2023.
(b) Affected ADs
None.
(c) Applicability
(1) This AD applies to The Boeing Company Model 737-600, -700, -
700C, -800, -900, and -900ER series airplanes, certificated in any
category, as identified in Boeing Alert Requirements Bulletin 737-
53A1402 RB, dated July 2, 2021.
(2) Installation of Supplemental Type Certificate (STC)
ST00830SE does not affect the ability to accomplish the actions
required by this AD. Therefore, for airplanes on which STC ST00830SE
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 reports of missing shims, a wrong type
of shim, shanked fasteners, fastener head gaps, and incorrect hole
sizes common to the left and right side station (STA) 727 frame
inner chord and S-18A web. The FAA is issuing this AD to address
cracking in the left and right side of STA 727 frame inner chord and
S-18A web before it reaches a critical length. This condition, if
not addressed, could result in cracks in fatigue critical baseline
structure (FCBS) and the inability of a principal structural element
(PSE) to sustain limit load, which could adversely affect the
structural integrity of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
Except as specified by paragraph (h) of this AD: At the
applicable times specified in the ``Compliance'' paragraph of Boeing
Alert Requirements Bulletin 737-53A1402 RB, Revision 1, dated
January 30, 2023, do all applicable actions identified in, and in
accordance with, the Accomplishment Instructions of Boeing Alert
Requirements Bulletin 737-53A1402 RB, Revision 1, dated January 30,
2023.
Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Alert Service Bulletin
737-53A1402, Revision 1, dated January 30, 2023, which is referred
to in Boeing Alert Requirements Bulletin 737-53A1402 RB, Revision 1,
dated January 30, 2023.
(h) Exceptions to Service Information Specifications
(1) Where the Compliance Time columns of the tables in the
``Compliance'' paragraph of Boeing Alert Requirements Bulletin 737-
53A1402 RB, Revision 1, dated January 30, 2023, use the phrase ``the
Original Issue date of the Requirements Bulletin 737-53A1402 RB,''
this AD requires using ``the effective date of this AD.''
(2) Where Boeing Alert Requirements Bulletin 737-53A1402 RB,
Revision 1, dated January 30, 2023, specifies contacting Boeing for
repair instructions or for alternative inspections: This AD requires
doing the repair, or doing the alternative inspections and
applicable on-condition actions using a method approved in
accordance with the procedures specified in paragraph (j) of this
AD.
(i) Credit for Previous Actions
(1) This paragraph provides credit for the actions specified in
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using Boeing Alert Requirements Bulletin
737-53A1402 RB, dated July 2, 2021.
(2) This paragraph provides credit for accomplishment of the
most recent inspection and report as specified in the requirements
of paragraph (g) of this AD, if those actions were performed before
the
[[Page 24681]]
effective date of this AD using Boeing Alert Requirements Bulletin
737-53A1385 RB, dated August 16, 2019.
(j) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Seattle 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 paragraph (k) of this AD. Information may be emailed
to: <a href="/cdn-cgi/l/email-protection#30091d717e7d1d63555144445c551d71737f1d717d7f731d6255414555434443705651511e575f46"><span class="__cf_email__" data-cfemail="2c15016d6261017f494d58584049016d6f63016d61636f017e495d59495f585f6c4a4d4d024b435a">[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, Seattle
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.
(k) Related Information
For more information about this AD, contact Bill Ashforth,
Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198; phone: 206-231-3520; email:
<a href="/cdn-cgi/l/email-protection#55373c39397b34263d333a27213d153334347b323a23"><span class="__cf_email__" data-cfemail="65070c09094b04160d030a17110d250304044b020a13">[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 Requirements Bulletin 737-53A1402 RB, Revision
1, dated January 30, 2023.
(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; website <a href="http://myboeingfleet.com">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, <a href="/cdn-cgi/l/email-protection#4422366a2d2a37342127302d2b2a042a2536256a232b32"><span class="__cf_email__" data-cfemail="771105591e1904071214031e1819371916051659101801">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on March 24, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-08477 Filed 4-21-23; 8:45 am]
BILLING CODE 4910-13-P
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