[Federal Register Volume 81, Number 233 (Monday, December 5, 2016)]
[Proposed Rules]
[Pages 87499-87501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28668]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9433; Directorate Identifier 2016-NM-159-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 MD-90-30 airplanes. This proposed AD was 
prompted by a report of cracking in a horizontal stabilizer rear spar 
cap. This proposed AD would require repetitive open hole eddy current 
high frequency (ETHF) or surface eddy current low frequency (ETLF) 
inspections for any crack in the left and right side horizontal 
stabilizer rear spar upper caps, and repair or replacement if 
necessary. We are proposing this AD to prevent the unsafe condition on 
these products.

DATES: We must receive comments on this proposed AD by January 19, 
2017.

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: Contractual & Data Services (C&DS), 
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740; 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-2016-9433.

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-
9433; 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-2016-9433; 
Directorate Identifier 2016-NM-159-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 a report of cracking in an MD-90 horizontal 
stabilizer rear spar cap at station XE = +/-5.931. The affected 
airplane had accumulated 36,588 total flight hours and 24,975 total 
landing cycles. Without routine inspections, such cracks could grow to 
critical length before being detected. This condition, if not 
corrected, could result in fatigue cracking of the horizontal 
stabilizer rear spar upper cap, which could adversely affect the 
structural integrity of the airplane.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin MD90-55A018, dated June 
29, 2016. The service information describes procedures for repetitive 
open hole ETHF or surface ETLF inspections for any crack in the left 
and right side horizontal stabilizer rear spar upper caps common to the 
elevator hinge fitting at station XE = +/-5.931, and repair or 
replacement. 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 the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in the service information described previously. 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-
9433.

Costs of Compliance

    We estimate that this proposed AD affects 105 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

[[Page 87500]]



                                                 Estimated Costs
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                                                                                                 Cost on U.S.
             Action                     Labor cost          Parts cost     Cost per  product       operators
----------------------------------------------------------------------------------------------------------------
Inspection.....................  8 work-hours x $85 per               $0  $680 per            $71,400 per
                                  hour = $680 per                          inspection cycle.   inspection cycle.
                                  inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary repairs or 
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 actions:

                                               On-Condition Costs
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                                                                                                     Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Upper cap splice repair or replacement       368 work-hours x $85 per hour =             $64,306        $95,586.
 (each side).                                 $31,280.
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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-2016-9433; Directorate Identifier 
2016-NM-159-AD.

(a) Comments Due Date

    We must receive comments by January 19, 2017.

(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 55, Stabilizers.

(e) Unsafe Condition

    This AD was prompted by a report of cracking in a horizontal 
stabilizer rear spar cap at station XE = +/-5.931. We are issuing 
this AD to detect and correct fatigue cracking of the horizontal 
stabilizer rear spar upper cap, 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) Repetitive Open Hole Eddy Current High Frequency or Surface Eddy 
Current Low Frequency Inspections

    Except as required by paragraph (i) of this AD, at the 
applicable times specified in table 1 of paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin MD90-55A018, dated 
June 29, 2016: Do either an open hole eddy current high frequency 
(ETHF) or a surface eddy current low frequency (ETLF) inspection for 
any crack in the left and right side horizontal stabilizer rear spar 
upper caps common to the elevator hinge fitting at station XE = +/-
5.931, in accordance with the Accomplishment Instructions of Boeing 
Alert Service Bulletin MD90-55A018, dated June 29, 2016, except as 
required by paragraph (i) of this AD. Repeat the inspection 
thereafter at the time specified in tables 1 through 4, as 
applicable, of paragraph 1.E., ``Compliance,'' of Boeing Alert 
Service Bulletin MD90-55A018, dated June 29, 2016.

(h) Horizontal Rear Spar Upper Cap Splice Repair or Replacement

    If any crack is found during any inspection required by 
paragraph (g) of this AD, repair or replace before further flight in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin MD90-55A018, dated June 29, 2016.

(i) Service Information Exceptions

    Where Boeing Alert Service Bulletin MD90-55A018, dated June 29, 
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.

(j) 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

[[Page 87501]]

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 (k)(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) For service information that contains steps that are labeled 
as Required for Compliance (RC), the provisions of paragraphs 
(j)(4)(i) and (j)(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.

(k) 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: Contractual & Data Services 
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740; 
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.

    Issued in Renton, Washington, on November 17, 2016.
Phil Forde,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-28668 Filed 12-2-16; 8:45 am]
 BILLING CODE 4910-13-P