Proposed Rule2023-11199
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
May 25, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 737-600, 737-700, and 737-800 series airplanes. This proposed AD was prompted by an evaluation by the design approval holder (DAH) indicating the fuselage skin at the double row of fasteners centered on certain stringers is subject to skin cracking. This proposed AD is intended to complete certain programs to support the airplane reaching its limit of validity (LOV). This proposed AD would require repetitive inspections for cracks of skin repairs at Stringer S-17, and corrective actions if necessary. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 88 Issue 101 (Thursday, May 25, 2023)</title>
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[Federal Register Volume 88, Number 101 (Thursday, May 25, 2023)]
[Proposed Rules]
[Pages 33849-33851]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11199]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1041; Project Identifier AD-2022-01223-T]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain The Boeing Company Model 737-600, 737-700, and 737-800
series airplanes. This proposed AD was prompted by an evaluation by the
design approval holder (DAH) indicating the fuselage skin at the double
row of fasteners centered on certain stringers is subject to skin
cracking. This proposed AD is intended to complete certain programs to
support the airplane reaching its limit of validity (LOV). This
proposed AD would require repetitive inspections for cracks of skin
repairs at Stringer S-17, and corrective actions if necessary. The FAA
is proposing this AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by July 10,
2023.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://regulations.gov">regulations.gov</a>. Follow
the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> 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.
<bullet> Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1041; 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 NPRM, any comments received, and other
information. The street address for Docket Operations is listed above.
Material Incorporated by Reference:
<bullet> 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; 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> by searching for and locating Docket No. FAA-2023-1041.
FOR FURTHER INFORMATION CONTACT: Bill Ashforth, Senior 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#6002090c0c4e011308060f121408200601014e070f16"><span class="__cf_email__" data-cfemail="c3a1aaafafeda2b0aba5acb1b7ab83a5a2a2eda4acb5">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-1041; Project Identifier
AD-2022-01223-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
<a href="http://regulations.gov">regulations.gov</a>, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Bill
Ashforth, Senior 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#d1b3b8bdbdffb0a2b9b7bea3a5b991b7b0b0ffb6bea7"><span class="__cf_email__" data-cfemail="02606b6e6e2c63716a646d70766a426463632c656d74">[email protected]</span></a>. Any commentary that the FAA
receives that is not specifically designated as CBI will be placed in
the public docket for this rulemaking.
Background
As described in FAA Advisory Circular 120-104 (<a href="http://www.faa.gov/documentLibrary/media/Advisory_Circular/120-104.pdf">http://www.faa.gov/documentLibrary/media/Advisory_Circular/120-104.pdf</a>), several programs
have been developed to support initiatives that will ensure the
continued airworthiness of aging airplane structure. The last element
of those initiatives is the requirement to establish an LOV of the
engineering data that support the structural maintenance program under
14 CFR 26.21. This proposed AD is the result of an assessment of the
previously established programs by the DAH during the process of
establishing the LOV for the affected airplanes. The actions specified
in this proposed AD are necessary to complete certain programs to
ensure the continued airworthiness of aging airplane structure and to
support an airplane reaching its LOV.
The FAA has received a report indicating the fuselage skin at the
double row of fasteners centered on stringers S-17L and S-17R, at
station (STA) 360 to STA 380 and at STA 888 to STA 907 is subject to
skin cracking. During airplane production, a structural preload was
created in the body skin during installation of S-17 stringers.
Analysis by Boeing shows that this preload, combined with pressure
cycles, can cause cracks in the skin prior to reaching the design
service objective (DSO). For Model 737-600, 737-700, and 737-800 series
airplanes after Line Number 269, the sequence of assembly was changed
to eliminate the preload.
[[Page 33850]]
Boeing issued Service Bulletin 737-53A1217, dated August 9, 2001,
to specify repetitive inspections of the skin for cracking; however,
that service information was not required by an AD because existing
maintenance planning document (MPD) inspections were determined to be
adequate to address skin cracking. Several airplanes have had
inspections and/or repairs accomplished at STA 360 to STA 380. The FAA
and Boeing have since determined that certain existing post-repair
inspections are inadequate to address the unsafe condition. The actions
in paragraph (g) of this proposed AD would therefore apply only to
airplanes on which a repair has been done as specified in Boeing Alert
Service Bulletin 737-53A1217 (identified as Group 1 through 3,
Configuration 3 in Boeing Alert Service Bulletin 737-53A1217). Once a
certain repair is accomplished on an airplane, post-repair inspections
must be accomplished on that airplane, as specified in this proposed
AD. This proposed AD would require only the post-repair inspections and
corrective actions specified in Tables 3 through 6 of Boeing Alert
Service Bulletin 737-53A1217. Airplanes identified as Group 1 through
3, Configurations 1 and 2 in Boeing Alert Service Bulletin 737-53A1217
become Configuration 3 airplanes after accomplishing a repair specified
in Boeing Alert Service Bulletin 737-53A1217. This unsafe condition, if
not addressed, could result in an undetected crack that could grow to
critical length, and result in possible rapid decompression and loss of
structural integrity of the airplane.
FAA's Determination
The FAA is issuing this NPRM after determining that the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Boeing Alert Service Bulletin 737-53A1217,
Revision 1, dated September 8, 2022. This service information specifies
procedures for, among other actions, repetitive internal and external
detailed inspections, low frequency eddy current (LFEC), and medium
frequency eddy current (MFEC) inspections for cracks of the skin repair
of S-17, STA 360 to STA 380 and STA 888 to STA 907, left and right
sides of the airplane. Corrective actions include 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.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions identified
as ``RC'' (required for compliance) in the Accomplishment Instructions
of Boeing Alert Service Bulletin 737-53A1217, Revision 1, dated
September 8, 2022, already described, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
For information on the procedures and compliance times, see this
service information at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1041.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 106 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs
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Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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External Post Repair Inspection.. 56 work-hours x $85 0 $4,760 per $504,560 per
per hour = $4,760 inspection cycle. inspection cycle.
per inspection
cycle.
Internal Post Repair Inspections. 52 work-hours x $85 0 $4,420 per $468,520 per
per hour = $4,420 inspection cycle. inspection cycle.
per inspection
cycle.
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The FAA has received no definitive data on which to base the cost
estimates for the repairs 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.
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
The FAA 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) Would not affect intrastate aviation in Alaska, and
(3) Would 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. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
[[Page 33851]]
The Boeing Company: Docket No. FAA-2023-1041; Project Identifier AD-
2022-01223-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by July 10, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 737-600, 737-700,
and 737-800 series airplanes, certificated in any category, as
identified in Boeing Alert Service Bulletin 737-53A1217, Revision 1,
dated September 8, 2022.
(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) indicating the fuselage skin at the double row of
fasteners centered on certain stringers is subject to skin cracking.
The FAA is issuing this AD to address fatigue cracks at certain
fasteners centered on Stringers S-17L and S-17R, at station (STA)
360 to STA 380 and at STA 888 to STA 907. Such undetected fatigue
cracks, if not addressed, could grow to a critical length, which
could result in rapid decompression and loss of structural integrity
of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
For Group 1 through 3, Configuration 3 airplanes as identified
in Boeing Alert Service Bulletin 737-53A1217, Revision 1, dated
September 8, 2022: Except as specified in paragraph (h) of this AD,
at the applicable times specified in Tables 3 through 6 of paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-53A1217,
Revision 1, dated September 8, 2022, do all applicable actions
identified as ``RC'' (required for compliance) in, and in accordance
with, the Accomplishment Instructions of Boeing Alert Service
Bulletin 737-53A1217, Revision 1, dated September 8, 2022.
(h) Exceptions to Service Information Specifications
Where Boeing Alert Service Bulletin 737-53A1217, Revision 1,
dated September 8, 2022, 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 (i) of this AD.
(i) Alternative Methods of Compliance (AMOCs)
(1) The Manager, AIR-520 Continued Operational Safety 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#4f76620e0102621c2a2e3b3b232a620e0c00620e02000c621d2a3e3a2a3c3b3c0f292e2e61282039"><span class="__cf_email__" data-cfemail="9aa3b7dbd4d7b7c9fffbeeeef6ffb7dbd9d5b7dbd7d5d9b7c8ffebefffe9eee9dafcfbfbb4fdf5ec">[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.
(4) Except as specified by paragraph (h) of this AD: For service
information that contains steps that are labeled as Required for
Compliance (RC), the provisions of paragraphs (i)(4)(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.
(j) Related Information
For more information about this AD, contact Bill Ashforth,
Senior 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#f2909b9e9edc93819a949d80869ab2949393dc959d84"><span class="__cf_email__" data-cfemail="a8cac1c4c486c9dbc0cec7dadcc0e8cec9c986cfc7de">[email protected]</span></a>.
(k) 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 737-53A1217, Revision 1, dated
September 8, 2022.
(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#abcdd985c2c5d8dbcec8dfc2c4c5ebc5cad9ca85ccc4dd"><span class="__cf_email__" data-cfemail="3f594d1156514c4f5a5c4b5650517f515e4d5e11585049">[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 May 9, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-11199 Filed 5-24-23; 8:45 am]
BILLING CODE 4910-13-P
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