[Federal Register Volume 81, Number 162 (Monday, August 22, 2016)]
[Proposed Rules]
[Pages 56540-56542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19936]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-8845; Directorate Identifier 2016-NM-094-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), and DC-9-87 (MD-87) airplanes; and Model MD-88 airplanes. This 
proposed AD was prompted by a report of fatigue cracking in a rear spar 
lower cap of the horizontal stabilizer. This proposed AD would require 
repetitive inspections for cracking of the rear spar lower caps of the 
horizontal stabilizer, post-modification and post-repair inspections, 
and corrective actions if necessary. This proposed AD also provides an 
optional terminating fatigue life enhancement modification. We are 
proposing this AD to detect and correct fatigue cracking in the rear 
spar lower caps of the horizontal stabilizer, which, paired with 
cracking in adjacent areas, could adversely affect the structural 
integrity of the airplane.

DATES: We must receive comments on this proposed AD by October 6, 2016.

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 NPRM, 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. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
8845.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
8845; 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: Haytham Alaidy, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification 
Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 
562-627-5224; 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-2016-8845; 
Directorate Identifier 2016-NM-094-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.

[[Page 56541]]

Discussion

    We have received a report of a 0.513-inch crack in a rear spar 
lower cap of the horizontal stabilizer. The Model MD-88 airplane had 
accumulated 61,741 total flight hours and 45,985 total landing cycles. 
Lab analysis on the area adjacent to the crack shows that the crack was 
caused by fatigue. Such fatigue cracking, paired with cracking in 
adjacent areas, could adversely affect the structural integrity of the 
airplane.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin MD80-55A072, dated April 
8, 2016. The service information describes procedures for doing 
inspections for cracking of the rear spar lower caps of the horizontal 
stabilizer, post-modification and post-repair inspections, and repairs. 
This service information is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

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 these same type 
designs.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in the service information described previously, except as discussed 
under ``Differences Between this Proposed AD and the Service 
Information.'' 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-2016-8845.
    The phrase ``corrective actions'' is used in this proposed AD. 
Corrective actions correct or address any condition found. Corrective 
actions in an AD could include, for example, repairs.

Differences Between This Proposed AD and the Service Information

    Boeing Alert Service Bulletin MD80-55A072, dated April 8, 2016, 
specifies to contact the manufacturer for certain instructions, but 
this proposed AD would require accomplishment of repair methods, 
modification deviations, and alteration deviations in one of the 
following ways:
     In accordance with a method that we approve; or
     Using data that meet the certification basis of the 
airplane, and that have been approved by the Boeing Commercial 
Airplanes Organization Designation Authorization (ODA) whom we have 
authorized to make those findings.

Costs of Compliance

    We estimate that this proposed AD affects 395 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                                 Estimated Costs
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                                                                                                  Cost on U.S.
             Action                     Labor cost           Parts cost      Cost per product      operators
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Inspection.....................  3 work-hours x $85 per                $0   $255 per           $100,725 per
                                  hour = $255 per                            inspection cycle.  inspection
                                  inspection cycle.                                             cycle.
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                                      Estimated Costs for Optional Actions
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                Action                           Labor cost              Parts cost         Cost per product
----------------------------------------------------------------------------------------------------------------
Modification.........................  59 work-hours x $85 per hour            $1,267   $6,282 per stabilizer.
                                        = $ 5,015 per stabilizer.
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    We estimate the following costs to do any necessary replacement 
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 
this replacement:

                                               On-Condition Costs
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                Action                           Labor cost              Parts cost         Cost per product
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Replacement..........................  368 work-hours x $85 per hour          $31,408   $62,688 per stabilizer.
                                        = $31,280 per stabilizer.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions that require repair using a 
method specified in paragraph (k) of this proposed 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

    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,

[[Page 56542]]

    (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-2016-8845; Directorate Identifier 
2016-NM-094-AD.

(a) Comments Due Date

    We must receive comments by October 6, 2016.

(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), and DC-9-87 (MD-87) airplanes; and 
Model MD-88 airplanes; certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 55, Stabilizers.

(e) Unsafe Condition

    This AD was prompted by a report of fatigue cracking in a Model 
MD-88 rear spar lower cap of the horizontal stabilizer. We are 
issuing this AD to detect and correct fatigue cracking in the rear 
spar lower caps of the horizontal stabilizer, which, paired with 
cracking in adjacent areas, could adversely affect the structural 
integrity of the airplane.

(f) Compliance

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

(g) Repetitive Inspections and Corrective Actions

    Except as specified in paragraph (i)(1) of this AD, at the 
applicable time specified in paragraph 1.E., ``Compliance,'' of 
Boeing Alert Service Bulletin MD80-55A072, dated April 08, 2016: Do 
an open hole high frequency eddy current inspection (HFEC) or 
surface HFEC inspection for cracking of the rear spar lower caps of 
the horizontal stabilizer, and do all applicable corrective actions; 
in accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin MD80-55A072, dated April 8, 2016, except as 
specified in paragraph (i)(2) of this AD. Do all applicable 
corrective actions before further flight. Repeat the inspection 
thereafter at the applicable interval specified in paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin MD80-55A072, dated 
April 8, 2016, until accomplishment of the actions provided by 
paragraph (h) of this AD.

(h) Optional Terminating Action

    Accomplishment of the fatigue life enhancement modification in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin MD80-55A072, dated April 8, 2016, terminates the 
repetitive inspections required by paragraph (g) of this AD.

(i) Service Information Exceptions

    (1) Where paragraph 1.E., ``Compliance,'' of Boeing Alert 
Service Bulletin MD80-55A072, dated April 8, 2016, 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.
    (2) If any cracking is found during any inspection required by 
this AD, and Boeing Alert Service Bulletin MD80-55A072, dated April 
8, 2016, specifies to contact Boeing for appropriate action: Before 
further flight, repair the cracking using a method approved in 
accordance with the procedures specified in paragraph (k) of this 
AD.

(j) Post-Modification and Post-Repair Actions

    For airplanes on which any modification or repair specified in 
(g) or (h) of this AD has been done: At the applicable time and 
intervals specified in paragraph 1.E., ``Compliance,'' of Boeing 
Alert Service Bulletin MD80-55A072, dated April 8, 2016, do all 
applicable post-modification and post-repair inspections and all 
applicable corrective actions; in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin MD80-55A072, dated 
April 8, 2016; except as specified in paragraph (i)(2) of this AD. 
All applicable corrective actions must be done before further 
flight.

(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. 
Information may be emailed to: [email protected].
    (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, modification, or alteration 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. To be approved, 
the repair method, modification deviation, or alteration deviation 
must meet the certification basis of the airplane, and the approval 
must specifically refer to this AD.
    (4) Except as required by paragraph (i)(2) of this AD: For 
service information that contains steps that are labeled as Required 
for Compliance (RC), the provisions of paragraphs (k)(4)(i) and 
(k)(4)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD. If a step or sub-step is labeled ``RC Exempt,'' then 
the RC requirement is removed from that step or sub-step. An AMOC is 
required for any deviations to RC steps, including substeps and 
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining approval of an AMOC, provided the RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition.

(l) Related Information

    (1) For more information about this AD, contact Haytham Alaidy, 
Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles 
Aircraft Certification Office (ACO), 3960 Paramount Boulevard, 
Lakewood, CA 90712-4137; phone: 562-627-5224; 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, WA. For information on the availability of this 
material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on August 11, 2016.
Paul R. Bernado,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-19936 Filed 8-19-16; 8:45 am]
 BILLING CODE 4910-13-P