[Federal Register Volume 81, Number 245 (Wednesday, December 21, 2016)]
[Rules and Regulations]
[Pages 93590-93592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29306]



[[Page 93590]]

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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; 
Amendment 39-18732; AD 2016-25-06]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting 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 AD was 
prompted by a report of fatigue cracking in a rear spar lower cap of 
the horizontal stabilizer. This AD requires 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 AD also provides an optional terminating fatigue 
life enhancement modification. We are issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective January 25, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 25, 
2017.

ADDRESSES: 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-
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 AD, the regulatory evaluation, any comments received, and 
other information. The address for the Docket Office (phone: 800-647-
5527) is Docket Management Facility, U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE., Washington, DC 20590.

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:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply 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. The NPRM published in the 
Federal Register on August 22, 2016 (81 FR 56540) (``the NPRM''). The 
NPRM was prompted by a report of fatigue cracking in a rear spar lower 
cap of the horizontal stabilizer. The NPRM proposed to 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. The proposed AD also included an 
optional terminating fatigue life enhancement modification. 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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We have considered the comment received. Boeing supported the 
NPRM.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting 
this AD as proposed, except for minor editorial changes. We have 
determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

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 
corrective actions. 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.

Costs of Compliance

    We estimate that this AD affects 395 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
----------------------------------------------------------------------------------------------------------------
Inspection.......................  3 work-hours x $85 per                  $0         $255 per     $100,725 per
                                    hour = $255 per                                 inspection       inspection
                                    inspection cycle.                                    cycle           cycle.
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[[Page 93591]]


                                      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.
----------------------------------------------------------------------------------------------------------------

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

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
              Action                            Labor cost                Parts cost        Cost per product
----------------------------------------------------------------------------------------------------------------
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 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 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):

2016-25-06 The Boeing Company: Amendment 39-18732; Docket No. FAA-
2016-8845; Directorate Identifier 2016-NM-094-AD.

(a) Effective Date

    This AD is effective January 25, 2017.

(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 8, 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,

[[Page 93592]]

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) 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

    For more information about this AD, contact Haytham Alaidy, 
Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles ACO, 
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5224; fax: 562-627-5210; email: [email protected].

(m) 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 MD80-55A072, dated April 8, 
2016.
    (ii) Reserved.
    (3) For Boeing 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.

    Issued in Renton, Washington, on November 25, 2016.
John P. Piccola, Jr.,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-29306 Filed 12-20-16; 8:45 am]
BILLING CODE 4910-13-P