Proposed Rule2024-00345
Airworthiness Directives; The Boeing Company Airplanes
Primary source
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Published
January 16, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2021-09-06, which applies to all The Boeing Company Model 737-600, - 700, -700C, -800, -900, and -900ER series airplanes. AD 2021-09-06 requires repetitive inspections for cracking of the left- and right- hand side outboard chords of certain frame fittings and failsafe straps at a certain station around eight fasteners, and repair if any cracking is found. Since the FAA issued AD 2021-09-06, additional reports of cracking in the area were received and it was determined that additional inspections are needed to address the unsafe condition. This proposed AD would require repetitive detailed and ultrasonic inspections for cracking of the left-and right-hand sides of certain frame fittings and failsafe straps, and repair if any cracking is found. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 89 Issue 10 (Tuesday, January 16, 2024)</title>
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[Federal Register Volume 89, Number 10 (Tuesday, January 16, 2024)]
[Proposed Rules]
[Pages 2515-2517]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00345]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 89, No. 10 / Tuesday, January 16, 2024 /
Proposed Rules
[[Page 2515]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-0028; Project Identifier AD-2023-00919-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 supersede Airworthiness Directive (AD)
2021-09-06, which applies to all The Boeing Company Model 737-600, -
700, -700C, -800, -900, and -900ER series airplanes. AD 2021-09-06
requires repetitive inspections for cracking of the left- and right-
hand side outboard chords of certain frame fittings and failsafe straps
at a certain station around eight fasteners, and repair if any cracking
is found. Since the FAA issued AD 2021-09-06, additional reports of
cracking in the area were received and it was determined that
additional inspections are needed to address the unsafe condition. This
proposed AD would require repetitive detailed and ultrasonic
inspections for cracking of the left-and right-hand sides of certain
frame fittings and failsafe straps, and repair if any cracking is
found. 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 March 1,
2024.
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-2024-0028; 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-2024-0028.
FOR FURTHER INFORMATION CONTACT: Owen Bley-Male, Aviation Safety
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
206-231-3992; email <a href="/cdn-cgi/l/email-protection#ef80988a81c189c18d838a96c2828e838aaf898e8ec1888099"><span class="__cf_email__" data-cfemail="5f30283a317139713d333a2672323e333a1f393e3e71383029">[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-2024-0028; Project Identifier
AD-2023-00919-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 Owen
Bley-Male, Aviation Safety Engineer, FAA, 2200 South 216th St., Des
Moines, WA 98198; telephone 206-231-3992; email <a href="/cdn-cgi/l/email-protection#721d05171c5c145c101e170b5f1f131e17321413135c151d04"><span class="__cf_email__" data-cfemail="402f37252e6e266e222c25396d2d212c25002621216e272f36">[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
The FAA issued AD 2021-09-06, Amendment 39-21519 (86 FR 23595, May
4, 2021) (AD 2021-09-06), for all The Boeing Company Model 737-600, -
700, -700C, -800, -900, and -900ER series airplanes. AD 2021-09-06 was
prompted by reports of cracking discovered in the station (STA) 663.75
frame fitting outboard chords and failsafe straps adjacent to the
stringer S-18A straps and a determination that the initial inspection
threshold and repetitive inspection interval required by AD 2019-22-10,
Amendment 39-19789 (84 FR 61533, November 13, 2019), were inadequate to
address cracking in a timely manner. AD 2021-09-06 requires repetitive
inspections for cracking of the left- and right-hand side outboard
chords of frame fittings and failsafe straps at a certain station
around eight fasteners, repair if any cracking is
[[Page 2516]]
found, and an inspection report. The agency issued AD 2021-09-06 to
address cracking in the STA 663.75 frame fitting outboard chords and
failsafe straps adjacent to the stringer S-18A straps, which could
result in failure of a principal structural element (PSE) to sustain
limit load. This condition could adversely affect the structural
integrity of the airplane and result in loss of control of the
airplane.
Actions Since AD 2021-09-06 Was Issued
Since the FAA issued AD 2021-09-06, additional reports have been
made of several cracks in the STA 663.75 frame fittings and failsafe
straps. Cracks have also been found at the aft fastener common to the
failsafe strap upper row. Several cracks in the frame fitting were
found extending beyond the aft fastener hole to the forward fastener
hole. An additional report was made of a visible crack in the failsafe
strap without any visibly detectable crack in the frame fitting. These
additional reports led to a determination that the detailed visual
inspection required by AD 2021-09-06 might not be adequate to detect
STA 663.75 failsafe strap cracking.
Additionally, the preamble to AD 2021-09-06 explained that the FAA
considered the requirements ``interim action'' and was considering
further rulemaking. The FAA has now determined that further rulemaking
is indeed necessary and this proposed AD follows from that
determination.
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 Requirements Bulletin 737-53A1414 RB,
Revision 1, dated November 20, 2023. This service information specifies
procedures for repetitive internal detailed inspection for cracking of
the frame fitting and visible areas of the failsafe strap at STA 663.73
(left- and right-hand sides), repetitive external detailed and
ultrasonic inspections for cracking of the failsafe strap at STA 663.75
(left- and right-hand sides), and repair if any cracking is found. 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
Although this proposed AD does not explicitly restate the
requirements of AD 2021-09-06, this proposed AD would retain the
inspection requirements of AD 2021-09-06. Those requirements are
referenced in the service information identified previously, which, in
turn, is referenced in paragraph (g) of this proposed AD.
This proposed AD would require accomplishing the actions specified
in the service information 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-2024-0028.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 1,911 airplanes of U.S. registry. The FAA estimates the
following costs to comply with this proposed AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Inspection...................... 4 work-hours x $85 $0 $340 per inspection $649,740 per
per hour = $340 cycle. inspection cycle.
per inspection
cycle.
----------------------------------------------------------------------------------------------------------------
The FAA has received no definitive data on which to base the cost
estimates for the on-condition repairs specified in this proposed AD.
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this proposed AD may be covered under warranty, thereby reducing the
cost impact on affected operators.
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:
[[Page 2517]]
0
a. Removing Airworthiness Directive (AD) 2021-09-06, Amendment 39-21519
(86 FR 23595, May 4, 2021), and
0
b. Adding the following new AD:
The Boeing Company: Docket No. FAA-2024-0028; Project Identifier AD-
2023-00919-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by March 1, 2024.
(b) Affected ADs
This AD replaces AD 2021-09-06, Amendment 39-21519 (86 FR 23595,
May 4, 2021) (AD 2021-09-06).
(c) Applicability
This AD applies to all The Boeing Company Model 737-600, -700, -
700C, -800, -900, and -900ER series airplanes, certificated in any
category.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by reports of cracking in the station (STA)
663.75 frame fitting outboard chords and failsafe straps adjacent to
the stringer S-18A area and a determination that additional
inspections are needed to address the unsafe condition. The FAA is
issuing this AD to address cracking in the STA 663.75 frame fitting
outboard chords and failsafe straps adjacent to the stringer S-18A
straps, which could result in failure of a Principal Structural
Element (PSE) to sustain limit load. The unsafe condition, if not
addressed, could adversely affect the structural integrity of the
airplane and result in loss of control 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 737-53A1414 RB, Revision 1, dated
November 20, 2023, do all applicable actions identified in, and in
accordance with, the Accomplishment Instructions of Boeing Alert
Requirements Bulletin 737-53A1414 RB, Revision 1, dated November 20,
2023.
Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Alert Service Bulletin
737-53A1414, Revision 1, dated November 20, 2023, which is referred
to in Boeing Alert Requirements Bulletin 737-53A1414 RB, Revision 1,
dated November 20, 2023.
(h) Exceptions to Service Information Specifications
(1) Where the Condition and Compliance Time columns of the
tables in the ``Compliance'' paragraph of Boeing Alert Requirements
Bulletin 737-53A1414 RB, Revision 1, dated November 20, 2023, use
the phrase ``the original issue date of Requirements Bulletin 737-
53A1414 RB,'' or ``the Revision 1 date of Requirements Bulletin 737-
53A1414 RB,'' this AD requires using ``the effective date of this
AD.''
(2) Where Boeing Alert Requirements Bulletin 737-53A1414 RB,
Revision 1, dated November 20, 2023, specifies contacting Boeing for
repair instructions: This AD requires doing the repair 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
(j)(1) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#51687c101f1c7c02343025253d347c10121e7c101c1e127c0334202434222522113730307f363e27"><span class="__cf_email__" data-cfemail="82bbafc3cccfafd1e7e3f6f6eee7afc3c1cdafc3cfcdc1afd0e7f3f7e7f1f6f1c2e4e3e3ace5edf4">[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, AIR-
520, Continued Operational Safety 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.
(j) Related Information
(1) For more information about this AD, contact Owen Bley-Male,
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA
98198; telephone 206-231-3992; email <a href="/cdn-cgi/l/email-protection#1d726a7873337b337f71786430707c71785d7b7c7c337a726b"><span class="__cf_email__" data-cfemail="a3ccd4c6cd8dc58dc1cfc6da8ecec2cfc6e3c5c2c28dc4ccd5">[email protected]</span></a>.
(2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (k)(3) and (4) of this AD.
(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 this AD specifies otherwise.
(i) Boeing Alert Requirements Bulletin 737-53A1414 RB, Revision
1, dated November 20, 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 material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#c6a0b4e8afa8b5b6a3a5b2afa9a886a8a7b4a7e8a1a9b0"><span class="__cf_email__" data-cfemail="b0d6c29ed9dec3c0d5d3c4d9dfdef0ded1c2d19ed7dfc6">[email protected]</span></a>.
Issued on January 5, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-00345 Filed 1-12-24; 8:45 am]
BILLING CODE 4910-13-P
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