|  DEPARTMENT OF TRANSPORTATION
 Federal Aviation Administration
 
 14 CFR Part 39
 
 [Docket No. FAA-2019-0399; Product Identifier 2018-NM-149-AD; Amendment
 39-19823; AD 2020-03-10]
 RIN 2120-AA64
 
 Airworthiness Directives; The Boeing Company Airplanes
 
 AGENCY: Federal Aviation Administration (FAA), DOT.
 
 ACTION: Final rule.
 
 -----------------------------------------------------------------------
 
 SUMMARY: The FAA is adopting a new airworthiness directive (AD) 
        for The
 Boeing Company Model 737 series airplanes, except for Model 737-100, -
 200, -200C, -300, -400, and -500 series airplanes. This AD was prompted
 by reports of separation of the lower aft wing-to-body fairing panel
 194E (``fairing panel 194E'') during flight, due to worn or damaged
 nutplates on the support structure. This AD requires repetitive inspections 
        for
 discrepancies of fairing panel 194E, wheel well panel 193D, and support
 structure, and related investigative and corrective actions if
 necessary. This AD also requires rework of the panels and support
 structure, which terminates the repetitive inspections. The FAA is
 issuing this AD to address the unsafe condition on these products.
 
 DATES: This AD is effective March 27, 2020.
 The Director of the Federal Register approved the incorporation by
 reference of a certain publication listed in this AD as of March 27,
 2020.
 
 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 https://www.regulations.gov
 by searching for and locating Docket No. FAA-2019-0399.
 
 Examining the AD Docket
 
 You may examine the AD docket on the internet at https://www.regulations.gov
 by searching for and locating Docket No. FAA-2019-
 0399; 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 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.
 
 FOR FURTHER INFORMATION CONTACT: Michael Bumbaugh, Aerospace Engineer,
 Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des
 Moines, WA 98198; phone and fax: 206-231-3522; email:
 michael.bumbaugh@faa.gov.
 
 SUPPLEMENTARY INFORMATION:
 
 Discussion
 
 The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
 CFR part 39 by adding an AD that would apply to The Boeing Company
 Model 737 series airplanes, except for Model 737-100, -200, -200C, -
 300, -400, and -500 series airplanes. The NPRM published in the Federal
 Register on June 19, 2019 (84 FR 28429). The NPRM was prompted by
 reports of separation of the lower aft wing-to-body fairing panel 194E
 (``fairing panel 194E'') during flight, due to worn or damaged
 nutplates on the support structure. In the NPRM, the FAA proposed to
 require repetitive inspections of fairing panel 194E, wheel well panel
 193D, and support structure for discrepancies, and required related
 investigative and corrective actions if necessary. The NPRM also
 proposed to require rework of the panels and support structure, which
 would terminate the repetitive inspections.
 The FAA is issuing this AD to address separation of fairing panel
 194E.
 
 Comments
 
 The FAA 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.
 
 Support for the NPRM
 
 One individual and United Airlines (United) stated support for the
 NPRM. United, commenting that they had no records of the unsafe
 condition, also concurred with the intent of the NPRM. In a subsequent
 comment submission, United also requested several changes, which are
 addressed later in this comment disposition.
 
 Effect of Winglets on Accomplishment of the Proposed Actions
 
 Aviation Partners Boeing stated that accomplishing the Supplemental
 Type Certificate (STC) ST00830SE, the installation of blended or split
 scimitar winglets, does not affect the ability to accomplish the
 actions specified in the NPRM, which affect the lower aft wing-to-body
 area.
 The FAA agrees with the commenter. The FAA has added paragraph
 (c)(2) to this AD to state that installation of STC ST00830SE does not
 affect the ability to accomplish the actions required by this final
 rule. Therefore, for airplanes on which STC ST00830SE is installed, a
 ``change in product'' alternative method of compliance (AMOC) approval
 request, per 14 CFR 39.17, is not necessary to comply with the
 requirements of this AD.
 
 Request To Delay Issuance of Final Rule Until Service Information Is
 Revised
 
 Southwest Airlines (SWA) and Delta Airlines (DAL) asked that the
 final rule not be issued until a revision of the Boeing Special
 Attention Service Bulletin 737-53-1307, dated January 12, 2012, has
 been issued.
 SWA stated that the referenced service information should be
 revised and released to include clarification on the fastener and
 hardware installation requirements to prevent the potential of
 overtorquing the fasteners and causing additional damage to the panels
 and the support structure. SWA noted that the referenced service
 information provides minimum and maximum torque values, but added that
 an Aircraft Maintenance Manual (AMM) referenced in the service
 information provides different torque values, including a higher
 maximum torque value. SWA added that the referenced service information
 does not provide an installation torque for the fasteners and nutplate,
 but stated that Boeing told it to use 29 to 31 in-lb.
 The FAA notes that the torque values specified in Boeing Special
 Attention Service Bulletin 737-53-1307, dated January 12, 2012, must,
 as a result of this AD, be complied with. When those values contradict
 the values specified in the AMM referenced in the service information,
 the torque minimum and maximum specified in Boeing Special Attention
 Service Bulletin 737-53-1307, dated January 12, 2012, must be used,
 since it is now mandatory.
 SWA also stated that the guidance currently provided in the
 referenced service information does not include provisions to address
 the open rivet holes after the removal of the existing nutplates. SWA
 added that the referenced service information provides guidance for
 repair of the fairing panel support structure in accordance with
 structural repair manual (SRM) 53-60-71, but that SRM 53-60-71, Repair
 2, specifies installing a repair strap at the damaged nutplate
 location, which SWA states would interfere with the ability to install
 the support/plate assemblies at the nutplate locations specified in the
 referenced service information. SWA concluded that the referenced
 service information cannot be accomplished without multiple deviations,
 and requested clarification whether these deviations would require an
 AMOC.
 DAL also stated that paragraph (g)(1) of the proposed AD would
 require doing a general visual inspection for discrepancies of fairing
 panel 194E, wheel well panel 193D, and support structure, in accordance
 with Part 1 and Part 2 of the Accomplishment Instructions of Boeing
 Special Attention Service Bulletin 737-53-1307, dated January 12, 2012;
 however, Part 1 of the referenced service information does not provide
 any instructions to inspect or
 repair the 193D panel, so it would be necessary to request an AMOC.
 Regarding DAL's suggestion that the referenced service information
 does not provide any instructions to inspect or repair the 193D panel,
 the FAA notes that the torque check specified in figure 1, step 1 of
 the referenced service information is an inspection of the 193D panel.
 If any repairs are needed that are not addressed in the referenced
 service information, operators will need to request an AMOC.
 DAL also stated that it has already performed the actions specified
 in Boeing Special Attention Service Bulletin 737-53-1307, dated January
 12, 2012, on three Model C-40A (737-700C military variant) airplanes
 and found that previous installation of repair parts per SRM 53-60-71
 for damage at the nutplates will interfere with parts installed using
 the instructions provided in the referenced service information. DAL
 also stated that the referenced service information does not currently
 take into account that existing repairs on the fairing support
 structure may inhibit compliance with the service information as
 written, which will drive the need for AMOCs.
 Regarding DAL's comment that the referenced service information
 does not take into account existing repairs, the FAA notes that an AD
 cannot predict every change in product that is different than type
 design; therefore DAL would need to request an AMOC if an existing
 repair prevented it from accomplishing the actions required by this AD.
 The FAA acknowledges the commenters' concerns regarding the need to
 clarify the service information for the specific scenarios raised and
 is working with Boeing to address these concerns as soon as possible.
 If this effort culminates in a global AMOC that is approved by the FAA
 before the 24-month compliance time for the inspection has passed, and
 that AMOC addresses all the necessary deviations, commenters and other
 affected operators would not need to seek a separate AMOC. Therefore,
 the FAA has added paragraph (j)(1) to this AD to provide operators with
 information regarding how to address any actions in the service
 information that cannot be accomplished.
 In light of the critical nature of the identified unsafe condition
 (i.e., the possible separation of the lower aft wing-to-body fairing
 panel during flight) and the scope of affected airplanes, the FAA does
 not consider it warranted to delay the issuance of this final rule. If
 Boeing provides a revision to Boeing Special Attention Service Bulletin
 737-53-1307, dated January 12, 2012, the FAA will review it in
 consideration of an AMOC to this AD or may consider future rulemaking
 action.
 
 Request To Specify Applicability of a Note in the Service Information
 
 DAL noted that figure 5, sheet 5, of the referenced service
 information includes note (b), which specifies procedures for
 installing a panel but is not referenced in the instructions for figure
 5, and DAL does not know where that note should be applied.
 The FAA clarifies that note (b) in figure 5, sheet 5 applies to
 steps 8 and 10 of figure 5 in Boeing Special Attention Service Bulletin
 737-53-1307, dated January 12, 2012. The FAA has added paragraph (j)(2)
 of this AD to include this information.
 
 Request To Clarify Cleaning Procedures
 
 SWA and DAL requested that the cleaning procedures in Boeing
 Special Attention Service Bulletin 737-53-1307, dated January 12, 2012,
 be clarified. The commenters stated that although the referenced
 service information refers to cleaning procedures ``CM3'' and ``CM5''
 in standard wiring practices manual (SWPM) 20-20-00, those procedures
 do not exist. SWA added that SWPM 20-20-00, as revised on June 1, 2015,
 lists what SWA considers to be corresponding cleaning procedures in
 paragraphs 2.E and 2.C. DAL suggested allowing operators to use
 standard cleaning procedures.
 The FAA does not agree that any standard cleaning procedure would
 be acceptable, however the FAA agrees to clarify the acceptable
 cleaning procedures. The FAA has added paragraph (j)(3) to this AD to
 clarify that where note (a) to figure 5 of Boeing Special Attention
 Service Bulletin 737-53-1307, dated January 12, 2012 specifies to clean
 ``per abrasive cleaning method CM5'' and refers to ``SWPM 20-20-00,''
 for this AD operators must use ``cleaning procedure 3'' and refer to
 ``SWPM 20-20-00.'' The FAA has also added paragraph (j)(4) to this AD
 to clarify that where note (a) to figure 5 of Boeing Special Attention
 Service Bulletin 737-53-1307, dated January 12, 2012, specifies to
 clean ``per solvent cleaning method CM3,'' and refers to ``SWPM 20-20-
 00,'' for this AD operators must use ``cleaning procedure 5'' and refer
 to ``SWPM 20-20-00.''
 
 Request To Limit Inspection Area for Certain Airplanes
 
 SWA requested that the FAA revise paragraph (g)(2) of the proposed
 AD such that for line numbers 3533 and subsequent that have not altered
 the type design since the original airworthiness certificate, the
 inspection should be limited to an external visual inspection of the
 panels only. SWA noted that, for those airplanes, the rework to the
 support structure can be verified based upon the number of attachments
 on the panels.
 The FAA agrees with the commenter's request because, for those
 airplanes, an equivalent change to the support structure and panels was
 made in production, and this change can be verified by an external
 visual inspection. The FAA has revised paragraphs (g)(1) and (2) of the
 proposed AD and added paragraph (g)(3) to specify that, for airplanes
 having line numbers 3533 and subsequent that have not altered the type
 design since the issuance of an original airworthiness certificate or
 an original export certificate of airworthiness, an external visual
 inspection of fairing panel 194E and wheel well panel 193D may be used
 to verify the correct panel configuration, provided it can be
 determined that fairing panel 194E, wheel well panel 193D, and the
 support structure have the number and type of attachments specified in
 the post-reworked configuration of Boeing Special Attention Service
 Bulletin 737-53-1307, dated January 12, 2012.
 
 Request To Clarify Repairs That Require an AMOC
 
 SWA and DAL commented on the need for an AMOC for repairs to the
 panel and substructure interface, which are classified as secondary
 structure.
 SWA stated that the subject structure is classified as secondary,
 non-FCBS (fatigue critical baseline structure) in 737NG SRM 51-00-04,
 and repairs to the panel and substructure that do not adversely alter
 the panel to the substructure interface should not require an AMOC to
 the AD (i.e., as long as the required number and type of fasteners
 attaching the panel to the substructure remain the same). SWA added
 that requiring an AMOC would necessitate the original equipment
 manufacturer (OEM) to generate an FAA Form 8100-9 for a minor repair,
 which is in conflict with FAA Order 8100-17B and Boeing Service Letter
 737-SL-51-041-E.
 DAL stated that repairs to AD-related secondary structure per SRM
 51-70 are minor repairs (SRM 51-00-04) and should not require an AMOC
 or additional approvals for any deviations to the SRM repairs. DAL
 added that repairs to the panel or substructure that do not adversely
 affect or inhibit the intended function of the modification of the
 panel-to-substructure interface
 should continue to be done in accordance with approved data or data
 that is acceptable to the Administrator with no additional approval or
 AMOC required.
 The FAA acknowledges the commenters' concerns and infers that the
 commenters are requesting that the agency clarify the requirements of
 paragraph (g) of this AD regarding the need for AMOCs. The FAA agrees
 to clarify this paragraph. Repairs or alterations to the panel that do
 not interfere with the requirements of this AD will not require an
 AMOC. The FAA has added paragraph (g)(4) of this AD to specify that
 repairs that do not affect the number or type of fasteners necessary
 for the post-reworked configuration may be deviated from using accepted
 methods in accordance with the operator's maintenance or inspection
 program without obtaining an AMOC.
 
 Request To Clarify Certain Procedures in the Referenced Service
 Information
 
 SWA and DAL asked that Boeing Special Attention Service Bulletin
 737-53-1307, dated January 12, 2012, be clarified to define the
 procedures for panels 194E and 193D that have not been reworked.
 SWA stated that the proposed AD does not allow fairing panel 194E
 or wheel well panel 193D to be installed on any airplane after the
 effective date of the AD, if the panels have not been reworked. SWA
 noted that this would prohibit normal maintenance of the panels prior
 to implementing the terminating action. SWA requested that the proposed
 AD be revised to add a grace period for normal maintenance of
 unmodified panels prior to accomplishment of the terminating action.
 SWA added that the referenced service information does not provide part
 numbers for the reworked panels, and should be revised in order to
 control the part number of the modified panels.
 DAL stated that the referenced service information should be
 revised because it does not identify a post-service bulletin part
 number in order to track and maintain the fairing panel configuration.
 DAL recommended that it be revised before issuance of the final rule to
 ensure a separate part number is created for tracking of the attachment
 configuration. DAL noted that as the proposed AD is currently written,
 any panel installed after the effective date of the AD will drive
 immediate full incorporation of the referenced service information. DAL
 believes that paragraph (i) of the proposed AD would force immediate
 compliance in the event of non-routine maintenance action or just
 accomplishment of paragraph (g)(1) of the proposed AD, either of which
 may not be associated with the identified unsafe condition, although
 the proposed compliance time for the terminating action is 72 months.
 The proposed AD would have, at paragraph (i), prohibited installation
 of fairing panel 194E ``unless fairing panel 194E, wheel well panel
 193D, and the support structure have the number and type of attachments
 specified in the post-reworked configuration of Boeing Special
 Attention Service Bulletin 737-53-1307, dated January 12, 2012.'' DAL
 suggested that paragraph (i) be changed to prohibit installation of
 fairing panel 194E ``unless a general visual inspection for
 discrepancies has been accomplished on fairing panel 194E, wheel well
 panel 193D, and the support structure, within the compliance times
 specified in SB 737-53-1307 Paragraph 1.E.''
 The FAA agrees that some clarification is necessary. Boeing Special
 Attention Service Bulletin 737-53-1307, dated January 12, 2012, already
 provides a method of identifying modified panels in figure 5, step 9.
 The FAA has revised paragraph (i) of this AD to include separate
 requirements for airplanes with an original airworthiness certificate
 or an original export certificate of airworthiness dated after the
 effective date of this AD, for airplanes with an original airworthiness
 certificate or an original export certificate of airworthiness dated
 before the effective date of this AD, and for airplanes on which the
 terminating action has been done.
 
 Request To Define Final Configuration of the Panel-to-Substructure
 
 SWA asked that the final configuration of the panel-to-substructure
 interface be defined in the subject of the proposed AD, rather than
 referenced in Boeing Special Attention Service Bulletin 737-53-1307,
 dated January 12, 2012, in its entirety, by the individual
 configuration of the discrepant panels, or the associated substructure.
 SWA noted that the subject structure is classified as secondary, non-
 FCBS in 737NG SRM 51-00-04; therefore, typical repairs given in 737NG
 SRM 51-70 apply to the panel and the associated substructure. SWA
 stated that as there is no specific section in the published SRM for
 the discrepant structure, these typical SRM repairs can be accomplished
 with no additional approval from the operator or the applicable
 regulatory body. SWA and DAL both noted that there are no provisions to
 alert the mechanic that the structure is subject to an AD.
 The FAA acknowledges the commenter's concern; however, the agency
 relies on the referenced service information to define the
 modification, and operators must ensure that they are meeting all the
 requirements of any applicable AD. As noted in prior comments, there
 are a significant number of other SRM repairs or modifications that can
 be present and alter the final configuration of the support structure
 or panel. It would be difficult if not impossible to address all
 possible individual configurations in this AD. Under the provisions of
 paragraph (k) of this AD, the FAA will consider requests for approval
 of other SRM repairs or modifications if sufficient data are submitted
 to substantiate that the change would provide an acceptable level of
 safety. The AD has not been changed in this regard.
 
 Request To Revise Compliance Time for the Inspections
 
 SWA, DAL, and United asked that the compliance time for the
 inspections be extended.
 United stated that the proposed compliance time of 24 months for
 the initial general visual inspection, with a repetitive interval of
 1,000 flight cycles thereafter, would require operators performing both
 the inspection and the terminating action in a line environment. United
 asked that the FAA and Boeing to consider revising the AD and service
 information to allow an initial detailed visual inspection within 36
 months and the repeat inspections every 4,000 flight cycles thereafter,
 in lieu of the proposed inspection method and compliance times. United
 noted that this would allow more time to properly schedule the
 airplanes in a heavy check environment where both the inspection and
 rework per the referenced service information can be easily
 accomplished.
 DAL stated that a 36-month compliance time for the initial
 inspection would provide a better opportunity to catch the initial
 inspection at a C-check (a type of heavy check) and not drive special
 visits. DAL noted that waiting on approvals if damage is found would
 cause significant delays.
 The FAA does not agree with the commenters' requests to extend the
 compliance time for the initial and repetitive inspections. In
 developing an appropriate compliance time for this action, the FAA
 considered not only the safety implications of the identified unsafe
 condition, but also the average
 utilization rate of the affected fleet, the availability of required
 parts, and the practical aspect of accomplishing the required
 inspections within a period of time that corresponds to the normal
 scheduled maintenance for most affected operators. Further, United did
 not provide substantiation in support of its request to increase
 inspection intervals with a detailed visual inspection. The FAA has not
 changed this AD in this regard.
 SWA stated that the inspection specified in paragraph (g) and the
 terminating action specified in paragraph (h) of the proposed AD
 require compliance within a calendar time of 24 months and 72 months of
 the AD effective date, respectively; however, due to the unknown
 return-to-service (RTS) dates of the Boeing Model 737-8 and -9 (MAX)
 airplanes, SWA is awaiting delivery of several airplanes. SWA
 recommended the compliance thresholds be defined based upon total
 flight cycles, in order to alleviate the concerns regarding the MAX
 airplanes' RTS.
 The FAA does not agree to define the compliance thresholds based on
 total flight cycles. Consistent with 14 CFR 39.7, no person will be in
 violation of this AD because the MAX airplanes are not currently
 operated. The actions required by this AD can be accomplished before
 the airplanes' RTS. In addition, the actions required by this AD will
 be accomplished on all new MAX airplanes before delivery. Therefore,
 this AD has not been changed in this regard.
 
 Request To Change Applicability
 
 Boeing and United asked that the applicability in the proposed AD
 be changed.
 Boeing noted that there is a difference between Boeing Special
 Attention Service Bulletin 737-53-1307, dated January 12, 2012, and the
 proposed AD in capturing airplane effectivity. Boeing stated that there
 may be some instances where operators are rotating parts outside of
 type design, beyond effectivity limits, or having ``pre-mod'' panels
 installed on airplane configurations where service bulletins and design
 changes have already been incorporated. Boeing noted that it
 understands the FAA's concerns with the possibility of parts being
 rotated outside the effectivity contained in the referenced service
 information, and would like to seek an alternative solution to address
 these FAA concerns. Boeing recommended that it and the FAA collaborate
 with the company's airline partners, other OEMs, and other Civil
 Aviation Authorities (CAAs) to develop an action to implement safe,
 fair, and consistent policy to address the company's concerns on
 rotable parts for the industry. Boeing concluded that the applicability
 of the proposed AD extends beyond that specified in the referenced
 service information, and suggested that rotable parts be addressed
 separately.
 United stated that the proposed airplane effectivity range in the
 proposed AD falls outside of the effectivity specified in Boeing
 Special Attention Service Bulletin 737-53-1307, dated January 12, 2012.
 United added that the specified action is to add airplanes with the new
 panels already incorporated at the OEM to the current effectivity range
 given in the referenced service information, for a one-time inspection
 verification. (The range is for line numbers (L/Ns) 3533 and subsequent
 with an original airworthiness certificate or an original export
 certificate of airworthiness dated on or before the effective date of
 this AD.) United noted that the reason for the inspection verification
 is that the FAA believes that since these parts are rotable, there is 
        a
 possibility the older parts could be installed on future airplanes.
 United respectfully disagreed on this action and requested that the FAA
 revisit this matter and keep the effectivity range limited to those
 airplanes identified in the referenced service information. United
 disagreed with the FAA because even though the subject parts are
 rotable, United controls and maintains all its interchangeability and
 installation of these panels through production drawings and aircraft
 manuals, such as the illustrated parts catalog (IPC), which have always
 shown the latest up-to-date panels affected for L/Ns 3533 and
 subsequent. United concluded that to this day, it has never had a
 parts-departing-airplane (PDA) incident with the subject panels 193D
 and 194E on any of its Model 737-NG airplanes.
 The FAA does not agree to change the applicability. The affected
 parts are rotable parts, and the FAA has determined that, regardless of
 operator diligence, these parts could later be installed on airplanes
 that were initially delivered with acceptable parts, thereby subjecting
 those airplanes to the unsafe condition. The FAA has not changed this
 AD in this regard.
 
 Request To Allow the Use of Later Revisions of the Service Information
 
 An individual asked the FAA to modify the AD to allow later
 revisions of the referenced service information. He said this would
 ensure that operators are promptly in compliance with obligations and
 all maintenance is certified to the latest approved version of the
 maintenance data. The commenter also stated that this would remove the
 requirement for the proposed AD to be revised to reflect changes in
 revised service information, and to eliminate the need to request an
 AMOC to approve the use of the revised service information, again
 reducing the delay in implementing a revision and reducing the
 maintenance costs associated with the issuance of an AMOC. The
 commenter added that the European Union Aviation Safety Agency (EASA)
 already incorporates the ``or later revision'' statement in any EASA
 AD. The commenter noted that this would demonstrate a further
 harmonization of regulatory control.
 The FAA does not agree to change the AD to allow the use of later
 revisions of the service information. The FAA may not require
 compliance with a document that does not yet exist. In general terms,
 the FAA is required by Office of the Federal Register (OFR) regulations
 for approval of materials incorporated by reference, as specified in 1
 CFR 51.1(f), to either publish the service document contents as part of
 the actual AD language; or submit the service documents to the OFR for
 approval as referenced material, in which case the FAA may only refer
 to such material in the text of an AD. The AD may refer to the service
 document only if the OFR approved it for incorporation by reference.
 See 1 CFR part 51. To allow operators to use later revisions of the
 referenced document (issued after publication of the final rule),
 either the FAA must revise the AD to reference specific later
 revisions, or operators must request approval to use later revisions as
 an AMOC with this AD under the provisions of paragraph (k) of this AD.
 The AD has not been changed regarding this issue.
 
 Conclusion
 
 The FAA reviewed the relevant data, considered the comments
 received, and determined that air safety and the public interest
 require adopting this final rule with the changes described previously
 and minor editorial changes. The FAA has 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.
 The FAA also determined that these changes will not increase the
 economic burden on any operator or increase the scope of this final
 rule.
 
 Related Service Information Under 1 CFR Part 51
 
 The FAA reviewed Boeing Special Attention Service Bulletin 737-53-
 1307, dated January 12, 2012. This service information describes
 procedures for repetitive inspections of fairing panel 194E, wheel well
 panel 193D, and support structure for discrepancies (including
 incorrect torque at the fasteners and worn and damaged nutplates and
 fastener holes) and corrective actions (including repair and
 replacement of nutplates and fasteners). This service information also
 describes procedures for rework of the panels and support structure,
 including related investigative actions (general visual inspection of
 the panel and support structure for damage) and repair, which together
 would eliminate the need for the repetitive inspections. 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
 
 The FAA estimates that this AD affects 983 airplanes of U.S.
 registry. The agency estimates the following costs to comply with this
 AD:
 
 Estimated Costs
 
 
        
          | Action | Labor cost | Parts cost | Cost per product | Cost on U.S. operators |  
          | Inspection | 8 work-hours x $85 per hour = 
            $680 per inspection cycle | $0 | $680 per inspection cycle | Up to $668,440 per  
            inspection cycle |  
          | Rework | 25 work-hours x $85 per hour 
            = $2,125 | 0 | $2,125 | Up to $2,088,875 |   The FAA has received no definitive 
        data that would enable the agency to provide 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.
 
 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.
 
 Sec. 39.13 [Amended]
 
 2. The FAA amends Sec. 39.13 by adding the following new airworthiness
 directive (AD):
 |