[Federal Register Volume 76, Number 136 (Friday, July 15, 2011)]
[Rules and Regulations]
[Pages 41651-41653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17400]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0217; Directorate Identifier 2010-NM-165-AD; 
Amendment 39-16748; AD 2011-15-01]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Model DC-9-81 (MD-
81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), and MD-88 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD requires a detailed inspection to detect 
distress and existing repairs to the leading edge structure of the 
vertical stabilizer at the splice at Station Zfs = 52.267; repetitive 
inspections for cracking in the front spar cap forward flanges of the 
vertical stabilizer, and either the aft flanges or side skins; 
repetitive inspections for loose and missing fasteners; and related 
investigative and corrective actions if necessary. This AD was prompted 
by reports of cracked vertical stabilizer skin, a severed front spar 
cap, elongated fastener holes at the leading edge of the vertical 
stabilizer, and a cracked front spar web and front spar cap bolt holes 
in the vertical stabilizer. We are issuing this AD to detect and 
correct such cracking damage, which could result in the structure being 
unable to support limit load, and could lead to the loss of the 
vertical stabilizer.

DATES: This AD is effective August 19, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of August 19, 
2011.

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. 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.

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 (phone: 800-647-5527) is 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, Los Angeles Aircraft Certification Office, 
3960 Paramount Boulevard, Lakewood, California 90712-4137; phone: 562-
627-5233; fax: 562-627-5210; e-mail: [email protected].

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 
the specified products. That NPRM published in the Federal Register on 
March 14, 2011 (76 FR 13543). That NPRM proposed to require a detailed 
inspection to detect distress and existing repairs to the leading edge 
structure of the vertical stabilizer at the splice at Station Zfs = 
52.267; repetitive inspections for cracking in the front spar cap 
forward flanges of the vertical stabilizer, and either the aft flanges 
or side skins; repetitive inspections for loose and missing fasteners; 
and related investigative and corrective actions if necessary.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
and the FAA's response to each comment.

[[Page 41652]]

Support for the Proposed AD

    Boeing stated that it agrees with the NPRM.

Request To Change Heading for Paragraph (h) of the NPRM

    American Airlines (American) stated that the heading of 
``Repetitive Inspections for Cracks, and Related Investigative and 
Corrective Actions'' prior to paragraph (h) of the NPRM should not 
include ``repetitive'' because paragraph (h) of the NPRM only address 
initial inspections. From these statements, we infer that American 
wants us to remove ``repetitive'' from the heading preceding paragraph 
(h) of the NPRM.
    We disagree. The heading applies to all paragraphs following the 
heading until the next header. Paragraph (h)(2) of this AD requires 
repetitive inspections if no crack is detected by the initial 
inspection. We have not changed the AD in this regard.

Request To Match Actions Proposed in NPRM to Actions in Service 
Information

    American stated that Boeing Alert Service Bulletin MD80-55A067, 
dated June 24, 2010, in paragraph 4 and 5 of the Accomplishment 
Instructions, recommends repetitive inspections of the leading edge and 
spar cap structure, and that only paragraph (j) of the NPRM requires 
repetitive inspections and then only for the leading edge structure 
under some conditions. We infer that American wants us to change the AD 
to match Boeing Alert Service Bulletin MD80-55A067, dated June 24, 
2010.
    We disagree with revising the AD. In addition to paragraph (j), 
paragraph (h)(2) of this AD requires repetitive inspections for cracks 
of the left and right vertical stabilizer front spar cap if no crack is 
detected by the initial inspection, which is consistent with the 
service information and results in the AD and service information 
having consistent requirements. We have not changed the 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 
the AD as proposed.

Costs of Compliance

    We estimate that this AD will affect 668 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
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                                                                                                 Cost on U.S.
             Action                      Labor cost          Parts cost    Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection for existing repairs,  10 work-hours x $85 per            $0  $850...............  $567,800.
 distress.                         hour = $850.
Repetitive inspections for        7 work-hours x $85 per             $0  $595 per inspection  $397,460 per
 cracking and loose and missing    hour = $595 per                        cycle.               inspection cycle.
 fasteners.                        inspection cycle.
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    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.

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.

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

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 airworthiness 
directive (AD):

2011-15-01 The Boeing Company: Amendment 39-16748; Docket No. FAA-
2011-0217; Directorate Identifier 2010-NM-165-AD.

Effective Date

    (a) This AD is effective August 19, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to The Boeing Company Model DC-9-81 (MD-81), 
DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), and MD-88 
airplanes, certificated in any category, as identified in Boeing 
Alert Service Bulletin MD80-55A067, dated June 24, 2010.

Subject

    (d) Joint Aircraft System Component (JASC)/Air Transport 
Association (ATA) of America Code 55: Stabilizers.

Unsafe Condition

    (e) This AD was prompted by reports of cracked vertical 
stabilizer skin, a severed front spar cap, elongated fastener holes 
at the leading edge of the vertical stabilizer, and a cracked front 
spar web and front spar cap bolt holes in the vertical stabilizer. 
We are issuing this AD to detect and correct such cracking damage, 
which could result in the structure being unable to support limit 
load,

[[Page 41653]]

and could lead to the loss of the vertical stabilizer.

Compliance

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

Inspections

    (g) Within 4,500 flight cycles after the effective date of this 
AD, do a detailed inspection for distress in and existing repairs to 
the leading edge structure of the vertical stabilizer at the splice 
at Station Zfs=52.267, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin MD80-55A067, dated 
June 24, 2010.

Repetitive Inspections for Cracks, and Related Investigative and 
Corrective Actions

    (h) Before further flight after doing the inspection required by 
paragraph (g) of this AD, inspect for cracks of the left and right 
vertical stabilizer front spar cap, in accordance with either Option 
1 or Option 2 as specified in the Accomplishment Instructions of 
Boeing Alert Service Bulletin MD80-55A067, dated June 24, 2010. If 
any crack is found, before further flight, evaluate and verify to 
confirm all crack indications, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin MD80-55A067, dated 
June 24, 2010.
    (1) If any cracking is confirmed, before further flight, repair 
using a method approved in accordance with the procedures specified 
in paragraph (l) of this AD.
    (2) If no cracking is confirmed, repeat the inspection 
thereafter at intervals not to exceed the applicable interval 
specified in paragraph (h)(2)(i) or (h)(2)(ii) of this AD.
    (i) If the most recent inspection was done using Option 1, the 
next inspection must be done within 4,400 flight cycles.
    (ii) If the most recent inspection was done using Option 2, the 
next inspection must be done within 3,000 flight cycles.

Leading Edge Repair

    (i) If leading edge distress is found during the detailed 
inspection required by paragraph (g) of this AD, before further 
flight and after accomplishing the inspection required by paragraph 
(h) of this AD, repair the leading edge, in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin MD80-
55A067, dated June 24, 2010.

Inspection for Loose/Missing Fasteners

    (j) For airplanes on which no cracking is confirmed during the 
initial inspection required by paragraph (h) of this AD: At the 
applicable time specified in paragraph (j)(1) or (j)(2) of this AD, 
do a detailed inspection for indications of loose and missing 
fasteners, in accordance with the Accomplishment Instructions of 
Boeing Alert Service Bulletin MD80-55A067, dated June 24, 2010. If 
any loose or missing fastener is found, before further flight, 
repair the leading edge, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin MD80-55A067, dated 
June 24, 2010.
    (1) If the inspection required by paragraph (h) was done using 
Option 1, do the inspection required by paragraph (j) of this AD 
within 4,400 flight cycles after accomplishing the inspection 
required by paragraph (h) of this AD.
    (2) If inspection required by paragraph (h) was done using 
Option 2, do the inspection required by paragraph (j) of this AD 
within 3,000 flight cycles after accomplishing the inspection 
required by paragraph (h) of this AD.
    (k) For airplanes on which no cracking is confirmed during the 
most recent inspection required by paragraph (h) of this AD: Repeat 
the inspection for loose and missing fasteners required by paragraph 
(j) of this AD thereafter at intervals not to exceed the applicable 
time specified in paragraph (k)(1) or (k)(2) of this AD.
    (1) If the most recent inspection required by paragraph (h) was 
done using Option 1, the next inspection required by paragraph (j) 
of this AD must be done within 4,400 flight cycles after 
accomplishing the most recent inspection required by paragraph (j) 
of this AD.
    (2) If the most recent inspection required by paragraph (h) was 
done using Option 2, the next inspection required by paragraph (j) 
of this AD must be done within 3,000 flight cycles after the most 
recent inspection required by paragraph (j) of this AD.

Alternative Methods of Compliance (AMOCs)

    (l)(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. 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 ACO, send it to the 
attention of the person identified in the Related Information 
section of this AD.
    (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 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 to 
make those findings. For a repair method to be approved, the repair 
must meet the certification basis of the airplane and 14 CFR 25.571, 
Amendment 45, and the approval must specifically refer to this AD.

Related Information

    (m) For more information about this AD, contact Roger Durbin, 
Aerospace Engineer, Airframe Branch, ANM-120L, Los Angeles Aircraft 
Certification Office, 3960 Paramount Boulevard, Lakewood, California 
90712-4137; phone: 562-627-5233; fax: 562-627-5210; e-mail: 
[email protected].

Material Incorporated by Reference

    (n) You must use Boeing Alert Service Bulletin MD80-55A067, 
dated June 24, 2010, 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.
    (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 an NARA facility, 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 July 1, 2011.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-17400 Filed 7-14-11; 8:45 am]
BILLING CODE 4910-13-P