[Federal Register Volume 81, Number 214 (Friday, November 4, 2016)]
[Rules and Regulations]
[Pages 76848-76851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26629]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9306; Directorate Identifier 2016-NM-169-AD; 
Amendment 39-18707; AD 2016-22-18]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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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 requires a detailed 
inspection of the forward and aft surfaces on the left and right sides 
at the cant station 1520 bulkhead for any crack in the upper cap and 
(cap) doubler, webs and doublers, stiffeners, and the lower tee cap 
between longerons 3 through 11, and repairs if necessary. This AD was 
prompted by a report of cracking in various structures in the fuselage 
cant station 1520 bulkhead. We are issuing this AD to detect and 
correct cracking in the bulkhead, which could result in reduced 
structural integrity of the airplane.

DATES: This AD is effective November 21, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 21, 
2016.
    We must receive comments on this AD by December 19, 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 final rule, contact 
Boeing Commercial Airplanes, Attention: Contractual & Data Services 
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; 
telephone 562-797-1717; 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-2016-9306.

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-
9306; 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 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

[[Page 76849]]

(ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-
627-5232; fax: 562-627-5210; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    We have received a report indicating an operator found cracking of 
various structures in the fuselage cant station 1520 bulkhead on a 
Model MD-90-30 airplane. The cracks were in the upper left area of the 
bulkhead, between longerons 5 and 10, in the web, lower tee cap, and 
the upper cap and (cap) doubler. The affected airplane had accumulated 
52,993 total flight hours and 28,718 total flight cycles. Boeing 
analysis determined that the operational and limit loads cannot 
duplicate this condition, and the root cause is suspected to be the 
result of a high load event based on service experience. Cracking of 
the bulkhead, if not detected and corrected, could result in the 
inability of the structure to sustain limit loads, and consequent 
reduced structural integrity of the airplane. We are issuing this AD to 
correct the unsafe condition on these products.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin MD90-53A037, dated 
September 19, 2016. The service information describes procedures for a 
detailed inspection of the forward and aft surfaces on the left and 
right sides at cant station 1520 bulkhead for any crack in the upper 
cap and (cap) doubler, webs and doublers, stiffeners, and the lower tee 
cap between longerons 3 through 11, 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 issuing 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.

AD Requirements

    This AD requires 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-2016-9306.

Differences Between This Proposed AD and the Service Information

    Boeing Alert Service Bulletin MD90-53A037, dated September 19, 
2016, specifies to contact the manufacturer for certain instructions, 
but this 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.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because 
undetected cracking of the bulkhead may result in the inability of the 
structure to sustain limit loads, and consequent reduced structural 
integrity of the airplane. Therefore, we find that notice and 
opportunity for prior public comment are impracticable and that good 
cause exists for making this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety and was not preceded by notice and an opportunity for public 
comment. However, we invite you to send any written data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include the docket number FAA-2016-9306 and 
Directorate Identifier 2016-NM-169-AD at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this AD. We will 
consider all comments received by the closing date and may amend this 
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 AD.

Costs of Compliance

    We estimate that this AD affects 71 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
             Action                       Labor cost              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Detailed inspection............  2 work-hours x $85 per hour               $0             $170          $12,070
                                  = $170.
----------------------------------------------------------------------------------------------------------------

    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

[[Page 76850]]

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):

2016-22-18 The Boeing Company: Amendment 39-18707; Docket No. FAA-
2016-9306; Directorate Identifier 2016-NM-169-AD.

(a) Effective Date

    This AD is effective November 21, 2016.

(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

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by a report of cracking in various 
structures in the fuselage cant station 1520 bulkhead. We are 
issuing this AD to detect and correct cracking in the bulkhead, 
which could result in reduced structural integrity of the airplane.

(f) Compliance

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

(g) Detailed Inspection of the Cant Station 1520 Bulkhead

    At the applicable time specified in paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin MD90-53A037, dated 
September 19, 2016, except as required by paragraph (j) of this AD: 
On the left and right sides at the cant station 1520 bulkhead, do a 
detailed inspection of the forward and aft surfaces, for any crack 
in the upper cap and (cap) doubler, webs and doublers, stiffeners, 
and the lower tee cap between longerons 3 through 11, in accordance 
with the Accomplishment Instructions of Boeing Alert Service 
Bulletin MD90-53A037, dated September 19, 2016.

(h) Repair of Cracks in the Bulkhead Web or Doubler

    If any crack is found in the bulkhead web or doubler, do the 
repair in accordance with Boeing Alert Service Bulletin MD90-53A037, 
dated September 19, 2016. Do all repairs before further flight.

(i) Repair of Non-Web or Non-Doubler Cracks in the Bulkhead

    If any non-web or non-doubler crack is found in the bulkhead, 
repair before further flight using a method approved in accordance 
with the procedures specified in paragraph (l) of this AD.

(j) Service Information Exception

    Where paragraph 1.E., ``Compliance,'' of Boeing Alert Service 
Bulletin MD90-53A037, dated September 19, 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.

(k) Special Flight Permit

    Special flight permits may be issued in accordance with sections 
21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 
and 21.199) to operate the airplane to a location where the airplane 
can be repaired, but if any crack is found as identified in Boeing 
Alert Service Bulletin MD90-53A037, dated September 19, 2016, 
concurrence by the Manager, Los Angeles Aircraft Certification 
Office (ACO), FAA, is required before issuance of the special flight 
permit.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles 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 (m) 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 (j) of this AD: For service 
information that contains steps that are labeled as Required for 
Compliance (RC), the provisions of paragraphs (l)(4)(i) and 
(l)(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 substep is labeled ``RC Exempt,'' then the 
RC requirement is removed from that step or substep. 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.

(m) Related Information

    For more information about this AD, contact George Garrido, 
Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles 
Aircraft Certification Office (ACO), 3960 Paramount Boulevard, 
Lakewood, CA 90712-4137; phone: 562-627-5232; fax: 562-627-5210; 
email: [email protected].

(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 MD90-53A037, dated September 
19, 2016.
    (ii) Reserved.
    (3) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Contractual & Data Services 
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; Internet https://www.myboeingfleet.com.
    (4) You may view this 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.
    (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.


[[Page 76851]]


    Issued in Renton, Washington, on October 26, 2016.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-26629 Filed 11-3-16; 8:45 am]
 BILLING CODE 4910-13-P