[Federal Register Volume 78, Number 236 (Monday, December 9, 2013)]
[Proposed Rules]
[Pages 73739-73742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29317]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0981; Directorate Identifier 2013-NM-032-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directives (ADs) 97-11-
07 and AD 99-18-23, which apply to all The Boeing Company Model MD-90-
30 airplanes. AD 97-11-07 and AD 99-18-23 currently require revising 
the Airworthiness Limitations Section (ALS) of the Instructions for 
Continued Airworthiness to incorporate certain compliance times for 
principal structural elements (PSE) inspections and replacement times 
for safe-life limited parts. Since we issued AD 97-11-07 and AD 99-18-
23, an analysis of data identified a need to introduce a new PSE 
requirement for the rear spar caps of the horizontal stabilizer. This 
proposed AD would require revising the maintenance or inspection 
program to incorporate the new PSE requirement and its associated 
inspections. We are proposing this AD to detect and correct fatigue 
cracking of PSEs and certain safe-life limited parts, which could 
adversely affect the structural integrity of the airplane.

DATES: We must receive comments on this proposed AD by January 23, 
2014.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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: Deliver to Mail address above 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, CA 90846-0001; 
telephone 206-544-5000, extension 2; fax 206-766-5683; Internet https://www.myboeingfleet.com. You may view this 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 proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (phone: 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, 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: 

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-2013-0981; 
Directorate Identifier 2013-NM-032-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

    On May 16, 1997, we issued AD 97-11-07, Amendment 39-10036 (62 FR 
27941, May 22, 1997), for all The Boeing Company Model MD-90-30 
airplanes. AD 97-11-07 requires revising the Airworthiness Limitations 
Section of the Instructions for Continued Airworthiness (MD-90-30 
Airworthiness Limitations Instructions

[[Page 73740]]

(ALI)) to add principle structural elements (PSE) requirements. AD 97-
11-07 resulted from analysis of data that identified reduced initial 
inspection thresholds, reduced repetitive inspection intervals for 
PSEs, and other PSEs to be added to the ALI. We issued AD 97-11-07 to 
detect and correct fatigue cracking, which could result in reduced 
structural integrity or reduced controllability of the airplane.
    On August 27, 1999, we issued AD 99-18-23, Amendment 39-11289 (64 
FR 48284, September 3, 1999), for all The Boeing Company Model MD-90-30 
airplanes. AD 99-18-23 requires revising the Airworthiness Limitations 
Section of the Instructions for Continued Airworthiness (MD-90-30 
Airworthiness Limitations Instructions (ALI)) to incorporate certain 
replacement times for safe-life limited parts. AD 99-18-23 resulted 
from analysis of data that identified reduced replacement times for 
certain safe-life limited parts. We issued AD 99-18-23 to prevent 
fatigue cracking of various safe-life limited parts, which could 
adversely affect the structural integrity of airplanes.

Actions Since Existing AD Was Issued

    Since we issued AD 97-11-07, Amendment 39-10036 (62 FR 27941, May 
22, 1997), and AD 99-18-23, Amendment 39-11289 (64 FR 48284, September 
3, 1999), an analysis of data identified the need to introduce a new 
principle structural elements (PSE) requirement for the rear spar of 
the horizontal stabilizer and its associated inspections.

Relevant Service Information

    We reviewed Boeing MD-90 Airworthiness Limitations Instructions 
(ALI) Report No. MDC-94K9000, Revision 6, dated September 2011. For 
information on the procedures and compliance times, see this service 
information at http://www.regulations.gov by searching for Docket No. 
FAA-2013-0981.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.
    This AD requires revisions to certain operator maintenance 
documents to include new actions (e.g., inspections). Compliance with 
these actions is required by 14 CFR 91.403(c). For airplanes that have 
been previously modified, altered, or repaired in the areas addressed 
by this AD, the operator may not be able to accomplish the actions 
described in the revisions. In this situation, to comply with 14 CFR 
91.403(c), the operator must request approval for an alternative method 
of compliance according to paragraph (n) of this proposed AD. The 
request should include a description of changes to the required actions 
that will ensure the continued damage tolerance of the affected 
structure.

Proposed AD Requirements

    This proposed AD would retain all of the requirements of AD 97-11-
07, Amendment 39-10036 (62 FR 27941, May 22, 1997), and AD 99-18-23, 
Amendment 39-11289 (64 FR 48284, September 3, 1999). This proposed AD 
would require revising the maintenance program to incorporate the new 
PSE requirement and its associated inspections.

Costs of Compliance

    We estimate that this proposed AD affects 52 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
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                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
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Revise airworthiness limitations        1 work-hour x $85 per                 $0             $85         $35,445
 [retained actions from AD 97-11-07,     hour = $85.
 Amendment 39-10036 (62 FR 27941, May
 22, 1997).
Revise airworthiness limitations        1 work-hour x 85 per                   0              85          35,445
 [retained actions from AD 99-18-23,     hour = 85.
 Amendment 39-11289 (64 FR 48284,
 September 3, 1999).
Revise airworthiness limitations [new   1 work-hour x 85 per                   0              85          35,445
 proposed action].                       hour = 85.
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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 have 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 that the 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),
    (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.

[[Page 73741]]

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

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:
0
a. Removing airworthiness directive (AD) 97-11-07, Amendment 39-10036 
(62 FR 27941, May 22, 1997), and AD 99-18-23, Amendment 39-11289 (64 FR 
48284, September 3, 1999), and
0
b. Adding the following new AD:

The Boeing Company: Docket No. FAA-2013-0981; Directorate Identifier 
2013-NM-032-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by January 23, 
2014.

(b) Affected ADs

    This AD supersedes AD 97-11-07, Amendment 39-10036 (62 FR 27941, 
May 22, 1997), and AD 99-18-23, Amendment 39-11289 (64 FR 48284, 
September 3, 1999).

(c) Applicability

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

(d) Subject

    Air Transport Association (ATA) of America Code 51, Standard 
Practices/Structures; Code 55, Stabilizers.

(e) Unsafe Condition

    This AD was prompted by an analysis of data that identified a 
need to introduce a new principal structural elements (PSE) 
requirement for the rear spar caps of the horizontal stabilizer. We 
are issuing this AD to detect and correct fatigue cracking of PSEs 
and certain safe-life limited parts, which could adversely affect 
the structural integrity of the airplane.

(f) Compliance

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

(g) Retained Revision of Airworthiness Limitations of Principal 
Structural Elements

    This paragraph restates the requirements of paragraph (a) of AD 
97-11-07, Amendment 39-10036 (62 FR 27941, May 22, 1997). Within 180 
days after June 26, 1997 (the effective date of AD 97-11-07, 
Amendment 39-10036 (62 FR 27941, May 22, 1997)), revise the 
Airworthiness Limitations Section of the Instructions for Continued 
Airworthiness (Airworthiness Limitations Instructions (ALI), 
McDonnell Douglas Report No. MDC-94K9000, dated November 1994) to 
incorporate the Item, Location, and Inspection Interval of principal 
structural elements identified in paragraphs (g)(1) through (g)(3) 
of this AD. This may be accomplished by inserting a copy of Revision 
1 of the ALI, dated January 1995; or a copy of this AD into the ALI.
    (1) For Item 53.30.02.3 at Skin Panels, STA 237 to 1395 Fuselage 
Skin in Constant Section from Longeron 3 Left to Longeron 3 Right: 
Initial Interval at 60,000 landings. Repeat the inspection 
thereafter at intervals not to exceed 11,000 landings.
    (2) For Item 53.30.02.4 at Skin Panels, STA 237 to 1395 Fuselage 
Hoop Skin Splice in Constant Section from Longeron 5 Left to 
Longeron 5 Right: Initial Interval at 60,000 landings. Repeat the 
inspection thereafter at intervals not to exceed 30,000 landings.
    (3) For Item 54.10.04.1 at Thrust Bulkhead, Pylon--STA Yn 
170.5--Rear Spar and Engine Thrust Support Fitting (Upper and 
Lower): Initial Interval at 15,000 landings. Repeat the inspection 
thereafter at intervals not to exceed 4,500 landings.

(h) Retained Revision of Airworthiness Limitations

    (1) This paragraph restates the requirements of paragraph (b) of 
AD 97-11-07, Amendment 39-10036 (62 FR 27941, May 22, 1997). Within 
180 days after June 26, 1997 (the effective date of AD 97-11-07, 
Amendment 39-10036 (62 FR 27941, May 22, 1997)), revise the 
Airworthiness Limitations Section of the Instructions for Continued 
Airworthiness (Airworthiness Limitations Instructions (ALI), 
McDonnell Douglas Report No. MDC-94K9000, dated November 1994) to 
incorporate the Item, Location, and Inspection Interval of principal 
structural element specified in paragraph (h)(2) of this AD. This 
may be accomplished by inserting a copy of Revision 2 to the ALI, 
dated July 1996, or a copy this AD into the ALI or Airworthiness 
Limitations Section.
    (2) For Item 55.13.01.1 at Plates/Skin--Upper STA Xh 27.2 Left 
to Xh 27.2 Right--Upper Aft Skin Plank with Integral Stringers from 
Xh 7.234 to Xh 26.859: Initial Interval at 60,000 landings. Repeat 
the inspection thereafter at intervals not to exceed 8,100 landings.

(i) Retained Restriction on Alternative Inspections and Inspection 
Intervals

    This paragraph restates the restriction on alternative 
inspections and inspection intervals required by paragraph (c) of AD 
97-11-07, Amendment 39-10036 (62 FR 27941, May 22, 1997). Except as 
provided by paragraphs (l) and (n) of this AD:
    After the actions required by paragraphs (g) and (h) of this AD 
have been accomplished, no alternative inspections or inspection 
intervals may be approved for the parts specified in paragraphs (g) 
and (h) of this AD.

(j) Retained Revision of Airworthiness Limitations of Safe-Life Limited 
Parts:

    This paragraph restates the requirements of paragraph (a) of AD 
99-18-23, Amendment 39-11289 (64 FR 48284, September 3, 1999). 
Within 180 days after October 8, 1999 (the effective date of AD 99-
18-23, Amendment 39-48284 (64 FR 48284, September 3, 1999)), revise 
the Airworthiness Limitations Section of the Instructions for 
Continued Airworthiness (Airworthiness Limitations Instructions 
(ALI), McDonnell Douglas Report No. MDC-94K9000, dated November 
1994) to incorporate the Part Number, Item, and Mandatory 
Replacement Time of certain safe-life limited parts by inserting a 
copy of Revision 3, to the ALI, dated November 1997, into the ALI.

(k) Retained Restriction on Alternative Inspections and Inspection 
Intervals

    This paragraph restates the restriction on alternative 
inspections and inspection intervals required by paragraph (b) of AD 
99-18-23, Amendment 39-11289 (64 FR 48284, September 3, 1999). 
Except as provided by paragraphs (l) and (n) of this AD: After the 
actions required by paragraph (j) of this AD have been accomplished, 
no alternative replacement times for the safe-life limited parts 
specified in McDonnell Douglas ALI Report No. MDC-94K9000, Revision 
3, dated November 1997.

(l) New Requirements of This AD: Revision of the Maintenance Program

    (1) Within 180 days after the effective date of this AD, revise 
the maintenance or inspection program, as applicable, to incorporate 
the tasks specified in Airworthiness Limitations Instructions (ALI), 
Boeing Report No. MDC-94K9000, Revision 6, dated September 2011. The 
compliance times for the initial and repetitive intervals for the 
tasks are stated in Airworthiness Limitations Instructions (ALI), 
Boeing Report No. MDC-94K9000, Revision 6, dated September 2011. 
Doing the revision required by this paragraph terminates the 
revisions required by paragraphs (g), (h), and (j) of this AD.

(m) No Alternative Actions or Intervals

    After accomplishing the revision required by paragraph (l) of 
this AD, no alternative actions (e.g., inspections) or intervals may 
be used unless the actions or intervals are approved as an 
alternative method of compliance (AMOC) in accordance with the 
procedures specified in paragraph (n) of this AD.

(n) 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 paragraph (o) 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 Boeing 
Commercial Airplanes Organization Designation Authorization (ODA) 
that has been authorized by the Manager, Los Angeles

[[Page 73742]]

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.
    (4) AMOCs approved for AD 97-11-07, Amendment 39-10036 (62 FR 
27941, May 22, 1997), and AD 99-18-23, Amendment 39-11289 (64 FR 
48284, September 3, 1999), are approved as AMOCs for the 
corresponding provisions of this AD.

(o) Related Information

    (1) For more information about this AD, 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].
    (2) 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 view this 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.

    Issued in Renton, Washington, on November 29, 2013.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-29317 Filed 12-6-13; 8:45 am]
BILLING CODE 4910-13-P