[Federal Register Volume 84, Number 42 (Monday, March 4, 2019)]

[Rules and Regulations]

[Pages 7264-7266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03407]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0959; Product Identifier 2018-NM-123-AD; Amendment 39-19576; AD

2019-03-24]

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 737-400 series airplanes. This AD was prompted by reports of cracking in the splice plate on
the lower sill of the overwing emergency exit doors. This AD requires repetitive inspections for such
cracking and applicable on-condition actions. We are issuing this AD to address the unsafe condition
on these products.

DATES: This AD is effective April 8, 2019.

The Director of the Federal Register approved the incorporation by reference of a certain
publication listed in this AD as of April 8, 2019.

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 https://www.myboeingfleet.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-2018-0959.

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-2018-0959; 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, the
regulatory evaluation, any comments received, and other information. The address for Docket
Operations (phone: 800-647-5527) is U.S. Department of Transportation, Docket Operations, M-30,

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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; fax: 562-627-5210; email: [email protected].

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 737-400 series airplanes. The NPRM
published in the Federal Register on November 8, 2018 (83 FR 55828). The NPRM was prompted by
reports of cracking in the splice plate on the lower sill of the overwing emergency exit doors. The
NPRM proposed to require repetitive inspections for such cracking and applicable on-condition
actions. We are issuing this AD to address cracking in the splice plate, which, if not addressed, could
result in the inability of a principal structural element to sustain limit loads and possible rapid
decompression of the fuselage.

Comments

We gave the public the opportunity to participate in developing this final rule. We have
considered the comments received. Boeing indicated no objection to the NPRM. Commenters Zack
Jones and Josep Clapes stated their support for the NPRM.

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 addressing 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 Boeing Alert Requirements Bulletin 737-53A1380 RB, dated July 18, 2018. This
service information describes procedures for repetitive high frequency eddy current inspections for
cracking in the splice plate on the lower sill of the overwing emergency exit doors and applicable on-
condition actions. 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 85 airplanes of U.S. registry. We estimate the following costs to
comply with this AD:

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 Estimated Costs for Required Actions
Action Labor cost Parts Cost per Cost on U.S.
cost product operators
Repetitive 2 work-hours × $85 per hour = $0 $170 per $14,450 per
inspections $170 per inspection cycle inspection cycle inspection cycle.

We estimate the following costs to do any necessary on-condition actions that would be required.
We have no way of determining the number of aircraft that might need these on-condition actions:

Estimated Costs of On-Condition Actions

Labor cost Parts cost Cost per product
Up to 18 work-hours × $85 per hour = $1,530 Up to $7,646 Up to $9,176.

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 and associated appliances 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.

List of Subjects in 14 CFR Part 39

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

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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

2019-03-24 The Boeing Company: Amendment 39-19576; Docket No. FAA-2018-0959; Product
Identifier 2018-NM-123-AD.

(a) Effective Date

This AD is effective April 8, 2019.

(b) Affected ADs

None.

(c) Applicability

This AD applies to The Boeing Company Model 737-400 series airplanes, certificated in any
category, line numbers 1487 through 3132 inclusive.

(d) Subject

Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

This AD was prompted by reports of cracking in the splice plate on the lower sill of the overwing
emergency exit doors. We are issuing this AD to address cracking in the splice plate, which, if not
addressed, could result in the inability of a principal structural element to sustain limit loads and
possible rapid decompression of the fuselage.

(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 737-53A1380 RB, dated July 18,
2018, do all applicable actions identified in, and in accordance with, the Accomplishment
Instructions of Boeing Alert Requirements Bulletin 737-53A1380 RB, dated July 18, 2018.

Note 1 to paragraph (g) of this AD: Guidance for accomplishing the actions required by this AD
can be found in Boeing Alert Service Bulletin 737-53A1380, dated July 18, 2018, which is referred to
in Boeing Alert Requirements Bulletin 737-53A1380 RB, dated July 18, 2018.

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(h) Exceptions to Service Information Specifications

(1) For purposes of determining compliance with the requirements of this AD: Where Boeing
Alert Requirements Bulletin 737-53A1380 RB, dated July 18, 2018, uses the phrase “the original
issue date of Requirements Bulletin 737-53A1380 RB,” this AD requires using “the effective date of
this AD.”
(2) Where Boeing Alert Requirements Bulletin 737-53A1380 RB, dated July 18, 2018, specifies
contacting Boeing for repair instructions: This AD requires doing the repair and applicable on-
condition actions before further flight 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, 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 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)(1) of this AD. Information may be emailed to: 9-ANM-LAACO-
[email protected].
(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, 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.

(j) Related Information

(1) 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; fax: 562-627-5210; email: [email protected].
(2) Service information identified in this AD that is not incorporated by reference is available at
the addresses specified in paragraphs (k)(3) and (k)(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 the AD specifies otherwise.
(i) Boeing Alert Requirements Bulletin 737-53A1380 RB, dated July 18, 2018.
(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 https://www.myboeingfleet.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.

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 (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 Des Moines, Washington, on February 19, 2019.

Dionne Palermo,
Acting Director, System Oversight Division,
Aircraft Certification Service.