[Federal Register Volume 79, Number 138 (Friday, July 18, 2014)]
[Proposed Rules]
[Pages 41946-41948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16940]



[[Page 41946]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0451; Directorate Identifier 2013-NM-122-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 adopt a new airworthiness directive (AD) for all 
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. This proposed AD was 
prompted by reports of cracks emanating from the aft-most barrel nut 
holes of the left and right upper rear spar caps of the horizontal 
stabilizer. This proposed AD would require repetitive high frequency 
eddy current (ETHF) inspections for cracks in the areas around the two 
aft-most barrel nut holes of the upper rear spar caps, and corrective 
actions if necessary; and repetitive ETHF inspections for cracks in the 
areas around the two aft-most barrel nut holes of any repaired or 
replaced upper rear spar cap, and corrective actions if necessary. We 
are proposing this AD to detect and correct cracks in the horizontal 
stabilizer, which could propagate until an upper rear spar cap severs, 
and result in failure of the horizontal stabilizer upper center or aft 
skin panel and adversely affect the structural integrity of the 
airplane.

DATES: We must receive comments on this proposed AD by September 2, 
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, WA. 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: George Garrido, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-
627-5357; 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 proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2014-0451; 
Directorate Identifier 2013-NM-122-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 cracks emanating from the aft-most 
barrel nut holes of the left and right upper rear spar caps of the 
horizontal stabilizer. One airplane had accumulated 40,144 total flight 
hours and 32,253 total landing cycles, while another airplane had 
accumulated 58,296 total flight hours and 43,512 total landing cycles. 
Investigations have determined that the cracks were caused by fatigue. 
In both cases, the cracks originated inside of the barrel nut holes, 
and radiated vertically and in the aft direction from the barrel nut 
holes. This condition, if not corrected, could result in cracks in the 
horizontal stabilizer, which could propagate until an upper rear spar 
cap severs, and result in failure of the horizontal stabilizer upper 
center or aft skin panel and adversely affect the structural integrity 
of the airplane.

Relevant Service Information

    We reviewed Boeing Alert Service Bulletin MD80-55A070, Revision 1, 
dated December 17, 2013. For information on the procedures and 
compliance times, see this service information at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0451.

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.

Proposed AD Requirements

    This proposed AD would require repetitive ETHF inspections for 
cracks in the areas around the two aft-most barrel nut holes of the 
left and right upper rear spar caps, and corrective actions if 
necessary; and repetitive ETHF inspections for cracks in the areas 
around the two aft-most barrel nut holes of any the repaired or 
replaced upper rear spar cap, and corrective actions if necessary.
    The phrase ``corrective actions'' is used in this proposed AD. 
``Corrective actions'' are actions that correct or address any 
condition found. Corrective actions in an AD could include, for 
example, repairs.

Costs of Compliance

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

[[Page 41947]]



                                                 Estimated Costs
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                                                                                                 Cost on U.S.
             Action                      Labor cost          Parts cost    Cost per product        operators
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Inspection......................  5 work-hours x $85 per             $0   $425 per            $283,900 per
                                   hour = $425 per                         inspection cycle.   inspection cycle.
                                   inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary repairs and 
replacements that would be required based on the results of the 
proposed inspection. We have no way of determining the number of 
aircraft that might need these repairs and replacements:


                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
               Action                        Labor cost                Parts cost           Cost per product
----------------------------------------------------------------------------------------------------------------
Repair.............................  Up to 394 work[dash]hours   Up to $32,440........  Up to $65,930.
                                      x $85 per hour = $33,490.
Replacement........................  Up to 394 work[dash]hours   Up to $60,222........  Up to $93,712.
                                      x $85 per hour = $33,490.
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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 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),
    (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.

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 adding the following new airworthiness 
directive (AD):

The Boeing Company: Docket No. FAA-2014-0451; Directorate Identifier 
2013-NM-122-AD.

(a) Comments Due Date

    We must receive comments by September 2, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all 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.

(d) Subject

    Air Transport Association (ATA) Code 55, Stabilizers.

(e) Unsafe Condition

    This AD was prompted by reports of cracks emanating from the 
aft-most barrel nut holes of the left and right upper rear spar caps 
of the horizontal stabilizer. We are issuing this AD to detect and 
correct cracks in the horizontal stabilizer, which could propagate 
until an upper rear spar cap severs, and result in failure of the 
horizontal stabilizer upper center or aft skin panel and adversely 
affect the structural integrity of the airplane.

(f) Compliance

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

(g) Inspection

    At the applicable compliance time specified in paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin MD80-55A070, 
Revision 1, dated December 17, 2013; except as provided by paragraph 
(i) of this AD: Do a high frequency eddy current inspection (ETHF) 
for cracks in the areas around the two aft-most barrel nut holes of 
the left and right upper rear spar caps, in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin MD80-
55A070, Revision 1, dated December 17, 2013. Thereafter, repeat the 
ETHF inspection at the applicable time specified in paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin MD80-55A070, 
Revision 1, dated December 17, 2013; except as provided by paragraph 
(i) of this AD. If any cracking is found during any inspection, 
before further flight, do all applicable corrective actions, in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin MD80-55A070, Revision 1, dated December 17, 2013.

(h) Post-Repair/Replacement Actions

    For airplanes on which a splice repair or replacement was done, 
as specified in Boeing Alert Service Bulletin MD80-55A070: At the 
applicable compliance time specified in paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin MD80-55A070, 
Revision 1, dated December 17, 2013, do a ETHF inspection for cracks 
at the two aft-most barrel nut holes of any repaired or replaced 
upper rear spar cap, in accordance

[[Page 41948]]

with the Accomplishment Instructions of Boeing Alert Service 
Bulletin MD80-55A070, Revision 1, dated December 17, 2013. 
Thereafter, repeat the ETHF inspection at the applicable time 
specified in paragraph 1.E., ``Compliance,'' of Boeing Alert Service 
Bulletin MD80-55A070, Revision 1, dated December 17, 2013. If any 
cracking is found during any inspection, before further flight, do 
all applicable corrective actions, in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin MD80-
55A070, Revision 1, dated December 17, 2013.

(i) Exception to the Service Information Specifications

    Where Boeing Alert Service Bulletin MD80-55A070, Revision 1, 
dated December 17, 2013, specifies a compliance time ``after the 
original issue date of this service bulletin,'' this AD requires 
compliance within the specified compliance time after the effective 
date of this AD.

(j) Credit for Previous Actions

    This paragraph provides credit for the actions specified in 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using Boeing Alert Service Bulletin MD80-
55A070, dated May 22, 2013, which is not incorporated by reference 
in this AD.

(k) 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 (l)(1) 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.

(l) Related Information

    (1) For more information about this AD, contact George Garrido, 
Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles 
Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, 
CA 90712-4137; phone: 562-627-5357; 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 review copies of the 
referenced service information at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on 
the availability of this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on July 11, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-16940 Filed 7-17-14; 8:45 am]
BILLING CODE 4910-13-P