[Federal Register Volume 83, Number 53 (Monday, March 19, 2018)]

[Rules and Regulations]

[Pages 11871-11873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05016]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0903; Product Identifier 2017-NM-074-AD; Amendment 39-19225; AD

2018-06-05]

RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain The Boeing Company
Model 737-300 and -500 series airplanes. This AD was prompted by a report indicating that fatigue
cracks were found in the lower wing skin of an airplane with winglets installed. This AD requires
repetitive inspections for cracking of the lower wing skin, and repair if necessary. We are issuing this
AD to address the unsafe condition on these products.

DATES: This AD is effective April 23, 2018.

The Director of the Federal Register approved the incorporation by reference of a certain
publication listed in this AD as of April 23, 2018.

ADDRESSES: For service information identified in this final rule, contact Aviation Partners Boeing,
2811 South 102nd St., Suite 200, Seattle, WA 98168; phone: 1-206-830-7699; fax: 1-206-767-3355;
email: leng@aviationpartners.com; internet: http://www.aviationpartnersboeing.com. You may view
this 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-2017-0903.

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-2017-0903; 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 final
rule, the regulatory evaluation, any comments received, and other information. The address for the
Docket Office (phone: 800-647-5527) is Docket Management Facility, U.S. Department of

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Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.

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: lu.lu@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

We 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 737-300 and -500 series airplanes. The
NPRM published in the Federal Register on October 6, 2017 (82 FR 46725). The NPRM was
prompted by a report indicating that fatigue cracks were found in the lower wing skin of an airplane
with winglets installed. The NPRM proposed to require repetitive inspections for cracking of the
lower wing skin, and repair if necessary.
We are issuing this AD to detect and correct fatigue cracking of the lower wing skin common to
the runout of stringer L-5. Such cracking could grow and result in loss of structural integrity of the
wing, and consequent reduced, or complete loss of, controllability of the airplane.

Comments

We gave the public the opportunity to participate in developing this final rule. The following
presents the comments received on the NPRM and the FAA's response to each comment. Aviation
Partners Boeing concurred with the proposed AD.

Request for Manufacturer To Share Expense

One commenter, Mary Lou Allen, requested that the airplane manufacturer share in the expense
with the airplane's purchaser or owner, because of the high costs associated with supplemental type
certificates. We infer that the commenter wants manufacturers to be required to help pay for
compliance with the proposed AD.
We do not agree to this request. We provide estimates of the cost on U.S. operators for AD
compliance, but do not determine who is responsible for payment. We are aware that airplane
manufacturers and modifiers often have warranty agreements with owners and operators to cover
some or all of the costs of modifications or repairs, but we do not participate in these agreements. We
have not changed this AD in this regard.

Conclusion

We reviewed the relevant data, considered the comments received, and determined that air safety
and the public interest require adopting this final rule as proposed, except for minor editorial changes.
We have determined that these minor changes:
• Are consistent with the intent that was proposed in the NPRM for correcting the unsafe
condition; and
• Do not add any additional burden upon the public than was already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

We reviewed Aviation Partners Boeing Service Bulletin AP737C-57-002, dated April 5, 2017.
The service information describes procedures for repetitive inspections for cracking of the lower
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wing skin, and repair if necessary. 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.

Costs of Compliance

We estimate that this AD affects 93 airplanes of U.S. registry. We estimate the following costs to
comply with this AD:

Estimated Costs
Action Labor cost Parts Cost per Cost on U.S.
cost product operators
Repetitive 1 work-hour × $85 per hour = $0 $85 per Up to $7,905 per
inspection $85 per inspection cycle inspection cycle inspection cycle.

We have received no definitive data that would enable us to provide cost estimates for the on-
condition actions 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.
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 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

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) Is not a “significant rule” under 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.

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List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.

Adoption of 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

1. The authority citation for part 39 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD):

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 AIRWORTHINESS
FAA DIRECTIVE
Aviation Safety
www.faa.gov/aircraft/safety/alerts/
www.gpoaccess.gov/fr/advanced.html

2018-06-05 The Boeing Company: Amendment 39-19225; Docket No. FAA-2017-0903; Product
Identifier 2017-NM-074-AD.

(a) Effective Date

This AD is effective April 23, 2018.

(b) Affected ADs

None.

(c) Applicability

This AD applies to The Boeing Company Model 737-300 and -500 series airplanes, certificated
in any category, with blended winglet kits installed in accordance with Supplemental Type Certificate
(STC) ST01219SE.

(d) Subject

Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

This AD was prompted by a report indicating that fatigue cracks were found in the lower wing
skin at stringer L-5 of a Boeing Model 737-300 airplane with winglets installed. We are issuing this
AD to detect and correct fatigue cracking of the lower wing skin common to the runout of stringer L-
5. Such cracking could grow and result in loss of structural integrity of the wing, and consequent
reduced, or complete loss of, controllability of the airplane.

(f) Compliance

Comply with this AD within the compliance times specified, unless already done.

(g) Repetitive Inspection

Within 18 months after the effective date of this AD: Do a detailed inspection for cracking of the
lower wing skin external surface at the stringer L-5 location on the left and right wings, in accordance
with the Accomplishment Instructions of Aviation Partners Boeing Service Bulletin AP737C-57-002,
dated April 5, 2017. Repeat the inspection thereafter at intervals not to exceed 6,000 flight cycles or
9,000 flight hours, whichever occurs first.

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(h) Repair

If any crack is found during any inspection required by paragraph (g) of this AD, repair before
further flight using a method approved in accordance with the procedures specified in paragraph (i) of
this AD. Although Aviation Partners Boeing Service Bulletin AP737C-57-002, dated April 5, 2017,
specifies to contact Boeing for repair instructions, and specifies that action as “RC” (Required for
Compliance), this AD requires repair as specified in this paragraph.

(i) 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 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 (j) of this AD. Information may be emailed to: 9-ANM-Seattle-ACO-
AMOC-Requests@faa.gov.
(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, Seattle
ACO Branch, 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 (h) of this AD: For service information that contains steps
that are labeled as RC, the provisions of paragraphs (i)(4)(i) and (i)(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.

(j) Related Information

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: lu.lu@faa.gov.

(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) Aviation Partners Boeing Service Bulletin AP737C-57-002, dated April 5, 2017.
(ii) Reserved.

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 (3) For service information identified in this AD, contact Aviation Partners Boeing, 2811 South
102nd St., Suite 200, Seattle, WA 98168; phone: 1-206-830-7699; fax: 1-206-767-3355; email:
leng@aviationpartners.com; internet: http://www.aviationpartnersboeing.com.
(4) You may view this 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.
(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, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

Issued in Renton, Washington, on March 5, 2018.

Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.