[Federal Register Volume 74, Number 123 (Monday, June 29, 2009)]
[Rules and Regulations]
[Pages 30922-30924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14680]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0160; Directorate Identifier 2008-NM-176-AD; 
Amendment 39-15947; AD 2009-13-08]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model MD-90-30 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all 
McDonnell Douglas Model MD-90-30 airplanes. This AD requires repetitive 
inspections for cracks of the upper aft skin panels on the horizontal 
stabilizer, and related investigative and corrective actions if 
necessary. This AD results from a report of cracks found in the aft 
skin panels on the upper right side of

[[Page 30923]]

the horizontal stabilizer at the aft inboard corner. We are issuing 
this AD to detect and correct cracks in the fail-safe structure that 
may not be able to sustain limit load, which could result in the loss 
of overall structural integrity of the horizontal stabilizer.

DATES: This AD is effective August 3, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of August 3, 
2009.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
3855 Lakewood Boulevard, MC D800-0019, Long Beach, California 90846-
0001; telephone 206-544-5000, extension 2; fax 206-766-5683; e-mail 
[email protected]; Internet https://www.myboeingfleet.com.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; 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 AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (telephone 800-647-5527) is the Document Management 
Facility, 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: Roger Durbin, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; 
telephone (562) 627-5233; fax (562) 627-5210.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an airworthiness directive (AD) that would apply to 
all McDonnell Douglas Model MD-90-30 airplanes. That NPRM was published 
in the Federal Register on March 23, 2009 (74 FR 12100). That NPRM 
proposed to require repetitive inspections for cracks of the upper aft 
skin panels on the horizontal stabilizer, and related investigative and 
corrective actions if necessary.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting the AD as proposed.

Costs of Compliance

    We estimate that this AD affects 16 airplanes of U.S. registry. The 
following table provides the estimated costs for U.S. operators to 
comply with this AD.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              Average                                              Number of
                                     Work      labor                                                 U.S.-
             Action                 hours     rate per         Parts          Cost per airplane    registered                  Fleet cost
                                                hour                                               airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection......................          4        $80  None...............  $320 per inspection           16  $5,120 per inspection cycle.
                                                                              cycle.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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.

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), 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.
    You can find our regulatory evaluation and the estimated costs of 
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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 AD:

2009-13-08 McDonnell Douglas: Amendment 39-15947. Docket No. FAA-
2009-0160; Directorate Identifier 2008-NM-176-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective August 3, 
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all McDonnell Douglas Model MD-90-30 
airplanes, certificated in any category.

[[Page 30924]]

Subject

    (d) Air Transport Association (ATA) of America Code 55: 
Stabilizers.

Unsafe Condition

    (e) This AD results from a report of cracks found in the right 
upper aft skin panel of the horizontal stabilizer at the aft inboard 
corner. We are issuing this AD to detect and correct cracks in the 
fail-safe structure that may not be able to sustain limit load, 
which could result in the loss of overall structural integrity of 
the horizontal stabilizer.

Compliance

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

Inspections

    (g) Except as required by paragraphs (h) and (i) of this AD: At 
the times specified in paragraph 1.E., ``Compliance,'' of Boeing 
Alert Service Bulletin MD90-55A012, dated September 23, 2008, do an 
eddy current inspection for cracks of the upper aft skin panels on 
the left and right sides of the horizontal stabilizer, and do all 
applicable related investigative and corrective actions, in 
accordance with the Accomplishment Instructions of the service 
bulletin.

Exceptions to Service Bulletin Specifications

    (h) Where Boeing Alert Service Bulletin MD90-55A012, dated 
September 23, 2008, specifies a compliance time after the date on 
the service bulletin, this AD requires compliance within the 
specified compliance time after the effective date of this AD.
    (i) If any crack is found during any inspection required by this 
AD, and Boeing Alert Service Bulletin MD90-55A012, dated September 
23, 2008, specifies to contact Boeing for appropriate action: Before 
further flight, repair using a method approved in accordance with 
the procedures specified in paragraph (k) of this AD.

Inspections Done According to Multiple Operator Message

    (j) Inspections and corrective actions done before the effective 
date of this AD are acceptable for compliance with the corresponding 
requirements of this AD, if done in accordance with Boeing Multiple 
Operator Message 1-669017091-1, dated November 9, 2007.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, Los Angeles Aircraft Certification Office, 
FAA, ATTN: Roger Durbin, Aerospace Engineer, Airframe Branch, ANM-
120L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount 
Boulevard, Lakewood, California 90712-4137; telephone (562) 627-
5233; fax (562) 627-5210; has the authority to approve AMOCs for 
this AD, if requested using the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, in the FAA 
Flight Standards District Office (FSDO), or lacking a principal 
inspector, your local FSDO. The AMOC approval letter must 
specifically reference this AD.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD, if it is approved by an 
Authorized Representative for the Boeing Commercial Airplanes 
Delegation Option Authorization Organization who has been authorized 
by the Manager, Los Angeles ACO, to make those findings. For a 
repair method to be approved, the repair must meet the certification 
basis of the airplane and the approval must specifically refer to 
this AD.

Material Incorporated by Reference

    (l) You must use Boeing Alert Service Bulletin MD90-55A012, 
dated September 23, 2008, to do the actions required by this AD, 
unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
3855 Lakewood Boulevard, MC D800-0019, Long Beach, California 90846-
0001; telephone 206-544-5000, extension 2; fax 206-766-5683; e-mail 
[email protected]; Internet https://www.myboeingfleet.com.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221 or 425-227-1152.
    (4) You may also review copies of the 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on June 16, 2009.
Dorr M. Anderson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-14680 Filed 6-26-09; 8:45 am]
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