[Federal Register Volume 77, Number 211 (Wednesday, October 31, 2012)]
[Rules and Regulations]
[Pages 65805-65808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26483]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0652; Directorate Identifier 2010-NM-045-AD; 
Amendment 39-17240; AD 2012-22-04]
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 all The 
Boeing Company Model MD-90-30 airplanes. This AD was prompted by 
reports of cracks of the wing rear spar lower cap at the outboard flap, 
inboard drive hinge at station Xrs=164.000. This AD requires repetitive 
eddy current high frequency (ETHF) inspections for cracking on the aft 
side of the left and right wing rear spar lower caps at station 
Xrs=164.000, further ETHF inspections if cracks are found, and repair 
if necessary; and repetitive post-repair inspections, and repair if 
necessary. We are issuing this AD to detect and correct cracking of the 
left and right rear spar lower caps, which could result in fuel leaks 
and damage to the wing skin or other structure, and consequent loss of 
the structural integrity of the wing.

DATES: This AD is effective December 5, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of December 5, 
2012.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
3855 Lakewood Boulevard, MC D800-0019, Long Beach, CA 90846-0001; 
telephone 206-544-5000, extension 2; fax 206-766-5683; 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, Airframe Branch, ANM-
120L, FAA, Los Angeles Aircraft Certification Office (ACO), 3960 
Paramount Boulevard, Lakewood, California 90712-4137; phone: (562) 627-
5233; Fax: (562) 627-5210; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to 
amend 14 CFR part 39 to include an airworthiness directive (AD) that 
would apply to the specified products. That SNPRM published in the 
Federal Register on July 24, 2012 (77 FR 43178). The original NPRM (76 
FR 40288, July 8, 2011) proposed to require repetitive eddy current 
high frequency (ETHF) inspections for cracking on the aft side of the 
left and right wing rear spar lower caps at station Xrs=164.000, 
further ETHF inspections if cracks are found, and repair if necessary. 
The original NPRM also proposed to require repetitive post-repair 
inspections and repair if necessary. The SNPRM proposed to continue to 
have the same requirements as the original NPRM, but also added new 
repetitive post-repair inspections, and corrective action if necessary.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the SNPRM (77 FR 43178, July 24, 
2012) 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--except for 
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
SNPRM (77 FR

[[Page 65806]]

43178, July 24, 2012) for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the SNPRM (77 FR 43178, July 24, 2012).

Costs of Compliance

    We estimate that this AD affects 51 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost    Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspection.......................  4 work-hours x $85            N/A  $340 per inspection   $17,340 per
                                    per hour = $340 per                cycle.                inspection cycle.
                                    inspection cycle.
----------------------------------------------------------------------------------------------------------------

    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):

2012-22-04 The Boeing Company: Amendment 39-17240; Docket No. FAA-
2011-0652; Directorate Identifier 2010-NM-045-AD.

(a) Effective Date

    This AD is effective December 5, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model MD-90-30 
airplanes, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by reports of cracks of the wing rear spar 
lower cap at the outboard flap, inboard drive hinge at station 
Xrs=164.000. We are issuing this AD to detect and correct cracking 
of the left and right rear spar lower caps, which could result in 
fuel leaks and damage to the wing skin or other structure, and 
consequent loss of the structural integrity of the wing.

(f) Compliance

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

(g) Repetitive Inspections

    Before the accumulation of 30,000 total flight cycles, or within 
10,000 flight cycles after the effective date of this AD, whichever 
occurs later, do an eddy current high frequency (ETHF) inspection 
for cracking on the aft side of the left and right wing rear spar 
lower caps at station Xrs=164.000, in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin MD90-
57A026, Revision 1, dated February 23, 2011. If no cracking is found 
on the left or right wing rear spar lower cap, repeat the inspection 
on the affected wing rear spar lower cap thereafter at intervals not 
to exceed 2,550 flight cycles. Doing a repair of the left or right 
wing rear spar lower cap required by this AD terminates the 
repetitive inspections required by this paragraph for that side 
only.

(h) Further Inspections if Cracking of Two Inches or Less Is Found and 
Is Not in the Rear Spar Lower Cap, Repair, and Repetitive Post-Repair 
Inspections

    If, during any inspection required by paragraph (g) of this AD, 
any crack is found that is two inches or less and is not in the rear 
spar lower cap forward horizontal leg radius: Before further flight, 
do an ETHF inspection for cracking on the affected wing rear spar 
upper cap at station Xrs=164.000, in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin MD90-
57A026, Revision 1, dated February 23, 2011.
    (1) If no crack is found in the rear spar upper cap during the 
inspection required in paragraph (h) of this AD, do the actions 
specified in paragraph (h)(1)(i) or (h)(1)(ii) of this AD.
    (i) Option 1: Before further flight, do a doubler repair of the 
rear spar lower cap, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin MD90-57A026, Revision 
1, dated February 23, 2011. Within 13,500 flight cycles after doing 
the doubler repair, do an ETHF inspection for any cracking in the 
repaired area of the rear spar lower cap, in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin MD90-
57A026, Revision 1, dated February 23, 2011. Repeat the inspection 
thereafter at intervals not to exceed 8,500 flight cycles. If any 
cracking is found during any inspection required by this paragraph, 
before further flight, repair using a method approved in accordance 
with the procedures specified in paragraph (l) of this AD.
    (ii) Option 2: Before further flight, do a splice repair of the 
rear spar lower cap, in

[[Page 65807]]

accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin MD90-57A026, Revision 1, dated February 23, 2011. 
Within 20,000 flight cycles after doing the splice repair, do an 
eddy current low frequency (ETLF) inspection and an ultrasonic (UT) 
inspection for cracking in the repaired area of the rear spar lower 
cap, in accordance with the Accomplishment Instructions of Boeing 
Alert Service Bulletin MD90-57A026, Revision 1, dated February 23, 
2011. Repeat the inspections thereafter at intervals not to exceed 
3,000 flight cycles. If any cracking is found during any inspection 
required by this paragraph, before further flight, repair using a 
method approved in accordance with the procedures specified in 
paragraph (l) of this AD.
    (2) If any crack that is two inches or less is found in the rear 
spar upper cap during the inspection required by paragraph (h) of 
this AD, do the actions specified in paragraph (h)(2)(i) or 
(h)(2)(ii) of this AD.
    (i) Option 1: Before further flight, do a doubler repair of the 
rear spar upper and lower caps, in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin MD90-
57A026, Revision 1, dated February 23, 2011. Within 13,500 flight 
cycles after doing the doubler repair, do an ETHF inspection for any 
cracking in the repaired area of the rear spar upper and lower caps, 
in accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin MD90-57A026, Revision 1, dated February 23, 2011. 
Repeat the inspection thereafter at intervals not to exceed 8,500 
flight cycles. If any cracking is found during any inspection 
required by this paragraph, before further flight, repair using a 
method approved in accordance with the procedures specified in 
paragraph (l) of this AD.
    (ii) Option 2: Before further flight, do a splice repair of the 
rear spar upper and lower caps, in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin MD90-
57A026, Revision 1, dated February 23, 2011. Within 20,000 flight 
cycles after doing the splice repair, do an ETLF inspection and a UT 
inspection for any cracking in the repaired area of the rear spar 
lower cap, in accordance with the Accomplishment Instructions of 
Boeing Alert Service Bulletin MD90-57A026, Revision 1, dated 
February 23, 2011. Repeat the inspections thereafter at intervals 
not to exceed 3,000 flight cycles. If any cracking is found during 
any inspection required by this paragraph, before further flight, 
repair using a method approved in accordance with the procedures 
specified in paragraph (l) of this AD.
    (3) If any crack that is greater than two inches is found in the 
rear spar upper cap during the inspection required by paragraph (h) 
of this AD, do the actions specified in paragraph (h)(3)(i) or 
(h)(3)(ii) of this AD.
    (i) Option 1: Before further flight, do a splice repair of the 
rear spar upper cap and a doubler repair of the rear spar lower cap, 
in accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin MD90-57A026, Revision 1, dated February 23, 2011. 
Within 13,500 flight cycles after doing the doubler repair, do an 
ETHF inspection for any cracking in the repaired area of the rear 
spar lower cap, in accordance with the Accomplishment Instructions 
of Boeing Alert Service Bulletin MD90-57A026, Revision 1, dated 
February 23, 2011. Repeat the inspection thereafter at intervals not 
to exceed 8,500 flight cycles. If any cracking is found during any 
inspection required by this paragraph, before further flight, repair 
using a method approved in accordance with the procedures specified 
in paragraph (l) of this AD.
    (ii) Option 2: Before further flight, do a splice repair of the 
rear spar upper and lower caps, in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin MD90-
57A026, Revision 1, dated February 23, 2011. Within 20,000 flight 
cycles after doing the splice repair, do an ETLF inspection and a UT 
inspection for any cracking in the repaired area of the rear spar 
lower cap, in accordance with the Accomplishment Instructions of 
Boeing Alert Service Bulletin MD90-57A026, Revision 1, dated 
February 23, 2011. Repeat the inspections thereafter at intervals 
not to exceed 3,000 flight cycles. If any cracking is found during 
any inspection required by this paragraph, before further flight, 
repair using a method approved in accordance with the procedures 
specified in paragraph (l) of this AD.

(i) Further Inspections If Cracking That Is Greater Than Two Inches Is 
Found or Is in the Rear Spar Lower Cap, Repair, and Repetitive Post-
Repair Inspections

    If, during any inspection required by paragraph (g) of this AD, 
any crack is found that is greater than two inches or is in the rear 
spar lower cap forward horizontal leg radius, before further flight, 
do an ETHF inspection for cracking on the affected wing rear spar 
upper cap at station Xrs=164.000, in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin MD90-
57A026, Revision 1, dated February 23, 2011.
    (1) If no crack is found in the rear spar upper cap, before 
further flight, do a splice repair of the rear spar lower cap, in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin MD90-57A026, Revision 1, dated February 23, 2011. 
Within 20,000 flight cycles after doing the splice repair, do an 
ETLF inspection and a UT inspection for any cracking of the repaired 
area of the lower rear spar cap, in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin MD90-
57A026, Revision 1, dated February 23, 2011. Repeat the inspections 
thereafter at intervals not to exceed 3,000 flight cycles. If any 
cracking is found during any inspection required by this paragraph, 
before further flight, repair using a method approved in accordance 
with the procedures specified in paragraph (l) of this AD.
    (2) If any crack that is two inches or less is found in the rear 
spar upper cap, do the actions specified in paragraph (i)(2)(i) or 
(i)(2)(ii) of this AD.
    (i) Option 1: Do the actions specified in paragraphs 
(i)(2)(i)(A), (i)(2)(i)(B), and (i)(2)(i)(C) of this AD.
    (A) Before further flight, do a doubler repair of the rear spar 
upper cap and a splice repair of the rear spar lower cap, in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin MD90-57A026, Revision 1, dated February 23, 2011.
    (B) Within 13,500 flight cycles after doing the doubler repair 
required by paragraph (i)(2)(i)(A) of this AD, do an ETHF inspection 
for any cracking in the repaired area of the rear spar upper cap, in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin MD90-57A026, Revision 1, dated February 23, 2011. 
Repeat the inspection thereafter at intervals not to exceed 8,500 
flight cycles. If any cracking is found during any inspection 
required by this paragraph, before further flight, repair using a 
method approved in accordance with the procedures specified in 
paragraph (l) of this AD.
    (C) Within 20,000 flight cycles after doing the splice repair 
required by paragraph (i)(2)(i)(A) of this AD, do an ETLF inspection 
and a UT inspection for cracking in the repaired area of the rear 
spar lower cap, in accordance with the Accomplishment Instructions 
of Boeing Alert Service Bulletin MD90-57A026, Revision 1, dated 
February 23, 2011. Repeat the inspections thereafter at intervals 
not to exceed 3,000 flight cycles. If any cracking is found during 
any inspection required by this paragraph, before further flight, 
repair using a method approved in accordance with the procedures 
specified in paragraph (l) of this AD.
    (ii) Option 2: Before further flight, do a splice repair of the 
rear spar upper and lower caps, in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin MD90-
57A026, Revision 1, dated February 23, 2011. Within 20,000 flight 
cycles after doing the splice repair, do an ETLF inspection and a UT 
inspection for cracking in the repaired area of the rear spar lower 
cap, in accordance with the Accomplishment Instructions of Boeing 
Alert Service Bulletin MD90-57A026, Revision 1, dated February 23, 
2011. Repeat the inspections thereafter at intervals not to exceed 
3,000 flight cycles. If any cracking is found during any inspection 
required by this paragraph, before further flight, repair using a 
method approved in accordance with the procedures specified in 
paragraph (l) of this AD.
    (3) If any crack that is greater than two inches is found in the 
rear spar upper cap, before further flight, do a splice repair of 
the rear spar upper and lower caps, in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin MD90-
57A026, Revision 1, dated February 23, 2011. Within 20,000 flight 
cycles after doing the splice repair, do an ETLF inspection and a UT 
inspection for cracking in the repaired area of the rear spar lower 
cap, in accordance with the Accomplishment Instructions of Boeing 
Alert Service Bulletin MD90-57A026, Revision 1, dated February 23, 
2011. Repeat the inspections thereafter at intervals not to exceed 
3,000 flight cycles. If any cracking is found during any inspection 
required by this paragraph, before further flight, repair using a 
method approved in

[[Page 65808]]

accordance with the procedures specified in paragraph (l) of this 
AD.

(j) Repeat ETHF Inspection

    For airplanes on which any splice repair was required by this 
AD: Within 30,000 flight cycles after the splice repair, repeat the 
inspection required by paragraph (g) of this AD for the repaired 
wing. If no cracking is found on the on the rear spar lower cap of 
the repaired wing, repeat the inspection on the affected wing rear 
spar lower cap thereafter at intervals not to exceed 2,550 flight 
cycles. If any cracking is found during any inspection required by 
this paragraph, before further flight, repair using a method 
approved in accordance with the procedures specified in paragraph 
(l) of this AD.

(k) Credit for Previous Actions

    This paragraph provides credit for the actions required by 
paragraphs (g), (h), and (i) of this AD, if those actions were 
performed before the effective date of this AD using Boeing Alert 
Service Bulletin MD90-57A026, dated February 11, 2010, which is not 
incorporated by reference in this AD.

(l) Alternative Methods of Compliance (AMOCs)

    (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.

(m) Related Information

    (1) For more information about this AD, contact Roger Durbin, 
Airframe Branch, ANM-120L, FAA, Los Angeles ACO, 3960 Paramount 
Boulevard, Lakewood, California 90712-4137; phone: (562) 627-5233; 
fax: (562) 627-5210; email: [email protected].
    (2) For Boeing service information identified in this AD, 
contact Boeing Commercial Airplanes, Attention: Data & Services 
Management, 3855 Lakewood Boulevard, MC D800-0019, Long Beach, CA 
90846-0001; telephone 206-544-5000, extension 2; fax 206-766-5683; 
Internet https://www.myboeingfleet.com.

(n) 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 Service Bulletin MD90-57A026, Revision 1, dated 
February 23, 2011.
    (ii) Reserved.
    (3) For Boeing service information identified in this AD, 
contact Boeing Commercial Airplanes, Attention: Data & Services 
Management, 3855 Lakewood Boulevard, MC D800-0019, Long Beach, CA 
90846-0001; telephone 206-544-5000, extension 2; fax 206-766-5683; 
Internet https://www.myboeingfleet.com.
    (4) You may view this service information at 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.
    (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 Renton, Washington, on October 19, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-26483 Filed 10-30-12; 8:45 am]
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