[Federal Register Volume 74, Number 171 (Friday, September 4, 2009)]
[Proposed Rules]
[Pages 45785-45787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21338]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0783; Directorate Identifier 2009-NM-081-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all 
McDonnell Douglas Model MD-90-30 airplanes. This proposed AD would 
require repetitive inspections for cracking of the overwing frames at 
stations 883, 902, 924, 943, and 962, left and right sides, and 
corrective actions if necessary. This proposed AD results from reports 
of cracked overwing frames. We are proposing this AD to detect and 
correct such cracking, which could sever the frame, increase the 
loading of adjacent frames, and result in

[[Page 45786]]

damage to adjacent structure and loss of overall structural integrity 
of the airplane.

DATES: We must receive comments on this proposed AD by October 19, 
2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     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.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this proposed 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. You may 
review copies of the referenced 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.

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 proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (telephone 800-647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

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:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0783; 
Directorate Identifier 2009-NM-081-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    We have received reports of cracked overwing frames at stations 
845, 864, 886, and 905 on the left and right sides in the upper radius 
of the frame tab on McDonnell Douglas Model MD-80 series airplanes that 
had accumulated between 19,876 and 41,166 total flight cycles. The 
cracks, which originate in the upper radius of the frame inboard tab 
just below the floor, were caused by fatigue. This condition, if not 
corrected, could result in damage to adjacent structure and loss of 
overall structural integrity of the airplane.
    The cracked overwing frames on McDonnell Douglas Model MD-80 series 
airplanes have the same design as those installed on Model MD-90-30 
airplanes. Therefore, Model MD-90-30 airplanes may be subject to the 
identified unsafe condition. AD 2008-13-29, Amendment 39-15592 (73 FR 
38883, July 8, 2008), addresses cracked overwing frames on McDonnell 
Douglas Model MD-80 series airplanes.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin MD90-53A031, dated 
April 10, 2009. The service bulletin describes procedures for 
performing repetitive general visual and high frequency eddy current 
inspections to detect cracking of the overwing frames at stations 883, 
902, 924, 943, and 962, left and right sides. Corrective actions 
include a blend-out repair or replacement of the cracked overwing 
frame, depending on the results of the inspection. The service bulletin 
specifies to repeat the inspections at intervals not to exceed 5,900 
flight cycles, except that for airplanes on which a replacement is 
done, the service bulletin specifies that the next inspection be done 
within 20,000 flight cycles after the replacement.

FAA's Determination and Requirements of This Proposed AD

    We are proposing this AD because we evaluated all relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design. 
This proposed AD would require accomplishing the actions specified in 
the service information described previously.

Costs of Compliance

    We estimate that this proposed AD would affect 16 airplanes of U.S. 
registry. We also estimate that it would take about 10 work-hours per 
product to comply with this proposed AD. The average labor rate is $80 
per work-hour. Based on these figures, we estimate the cost of this 
proposed AD to the U.S. operators to be $12,800, or $800 per product.

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

    We 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. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979), and
    3. Will not have a significant economic impact, positive or 
negative,

[[Page 45787]]

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.

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

    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 AD:

McDonnell Douglas: Docket No. FAA-2009-0783; Directorate Identifier 
2009-NM-081-AD.

Comments Due Date

    (a) We must receive comments by October 19, 2009.

Affected ADs

    (b) None.

Applicability

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

Subject

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

Unsafe Condition

    (e) This AD results from reports of cracked overwing frames. We 
are issuing this AD to detect and correct such cracking, which could 
sever the frame, increase the loading of adjacent frames, and result 
in damage to adjacent structure and loss of overall structural 
integrity of the airplane.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Inspections

    (g) Before the accumulation of 20,000 total flight cycles, or 
within 60 months after the effective date of this AD, whichever 
occurs later: Do general visual and high frequency eddy current 
inspections for cracking of the overwing frames, in accordance with 
the Accomplishment Instructions of Boeing Alert Service Bulletin 
MD90-53A031, dated April 10, 2009. Do the applicable corrective 
actions before further flight, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin MD90-53A031, dated 
April 10, 2009. Repeat the inspections thereafter at the applicable 
time specified in paragraph 1.E., ``Compliance,'' of Boeing Alert 
Service Bulletin MD90-53A031, dated April 10, 2009.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, Los Angeles Aircraft Certification Office 
(ACO), FAA, has the authority to approve AMOCs for this AD, if 
requested using the procedures found in 14 CFR 39.19. Send 
information to 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.
    (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, or lacking a 
principal inspector, your local Flight Standards District Office. 
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.

    Issued in Renton, Washington, on August 26, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-21338 Filed 9-3-09; 8:45 am]
BILLING CODE 4910-13-P