[Federal Register Volume 85, Number 30 (Thursday, February 13, 2020)]
[Proposed Rules]
[Pages 8209-8212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02862]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0096; Product Identifier 2019-NM-211-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: The FAA proposes to supersede Airworthiness Directive (AD) 
2016-07-28, which 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. AD 2016-07-28 requires repetitive eddy 
current high frequency (ETHF) inspections for any cracking in the left 
and right side center wing lower skin, and repair if any crack is 
found. Since the FAA issued AD 2016-07-28, the FAA has determined it is 
necessary to expand the inspection area to include adjacent stringers 
with similar stress levels and to perform an inspection with increased 
sensitivity for crack detection. This proposed AD would retain certain 
requirements of AD 2016-07-28, expand the inspection area, and require 
new inspections. The FAA is proposing this AD to address the unsafe 
condition on these products.

DATES: The FAA must receive comments on this proposed AD by March 30, 
2020.

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 https://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 90740-5600; 
telephone 562-797-1717; internet https://www.myboeingfleet.com. You may 
view

[[Page 8210]]

this service information at the FAA, Transport Standards Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability of 
this material at the FAA, call 206-231-3195. It is also available on 
the internet at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2020-0096.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0096; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this NPRM, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations is listed above. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Mohit Garg, Aerospace Engineer, 
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount 
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5264; fax: 562-627-
5210; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites 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-2020-0096; 
Product Identifier 2019-NM-211-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The FAA will 
consider all comments received by the closing date and may amend this 
NPRM because of those comments.
    The FAA will post all comments, without change, to https://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact the agency receives about this proposed AD.

Discussion

    The FAA issued AD 2016-07-28, Amendment 39-18473 (81 FR 21253, 
April 11, 2016) (``AD 2016-07-28''), 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. AD 2016-07-28 requires repetitive 
ETHF inspections for any cracking in the left and right side center 
wing lower skin, and repair if any crack is found. AD 2016-07-28 
resulted from reports of cracking at certain stringers, associated end 
fittings, and skins in the center wing fuel tank where the stringers 
meet the end fittings. The FAA issued AD 2016-07-28 to detect and 
correct cracking in the center wing lower skin. Such cracking could 
cause structural failure of the wings.

Actions Since AD 2016-07-28 Was Issued

    Since the FAA issued AD 2016-07-28, there have been additional 
reports of cracks at certain stringers, including one at stringer S-13, 
which was not addressed in AD 2016-07-28. The FAA has determined it is 
necessary to expand the inspection area to include adjacent stringers 
with similar stress levels and to perform a new inspection with 
increased sensitivity for crack detection in the area (eddy current low 
frequency (ETLF) inspection). This proposed AD would retain certain 
requirements of AD 2016-07-28, expand the inspection area and require 
new inspections.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Service Bulletin MD80-57A244, 
Revision 1, dated October 1, 2019. This service information describes 
procedures for a general visual inspection (GVI) for existing repairs; 
repetitive ETLF inspections of the left and right side fastener holes 
common to stringers 11 through 22 and the forward and aft skins for any 
crack; repetitive ETHF inspections of the lower skin at stringers 18 
through 20 for any crack; an ETHF inspection of the left side and right 
side center wing lower skin for any crack; and applicable on-condition 
actions. On-condition actions include repair and an internal GVI for 
any cracks in stringers 11 through 22 between Xcw=0.0 and Xcw=20.0. 
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

    The FAA is proposing this AD because the FAA 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

    Although this proposed AD does not explicitly restate the 
requirements of AD 2016-07-28, this proposed AD would retain some of 
the requirements of AD 2016-07-28. Those requirements are referenced in 
the service information identified previously, which, in turn, is 
referenced in paragraph (g) of this proposed AD. This proposed AD would 
also require accomplishment of the actions identified as ``RC'' 
(required for compliance) in the Accomplishment Instructions of Boeing 
Alert Service Bulletin MD80-57A244, Revision 1, dated October 1, 2019, 
described previously.
    For information on the procedures and compliance times, see this 
service information at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2020-0096.

Costs of Compliance

    The FAA estimates that this proposed AD affects 288 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
             Action                     Labor cost          Parts cost     Cost per product        operators
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Inspection (retained actions     14 work-hours x $85 per              $0  $1,190 per          $342,720 per
 from AD 2016-07-02).             hour = $1,190 per                        inspection cycle.   inspection cycle.
                                  inspection cycle.
Expanded inspection (new         Up to 48 work-hours x                 0  Up to $4,080 per    Up to $1,175,040
 proposed action).                $85 per hour = $4,080                    inspection cycle.   per inspection
                                  per inspection cycle.                                        cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data that would enable the 
agency to provide cost estimates for the on-condition actions specified 
in this proposed AD.

[[Page 8211]]

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.
    The FAA is 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

    The FAA has 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 that the proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) 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 removing Airworthiness Directive (AD) 
2016-07-28, Amendment 39-18473 (81 FR 21253, April 11, 2016), and 
adding the following new AD:

The Boeing Company: Docket No. FAA-2020-0096; Product Identifier 
2019-NM-211-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by March 30, 
2020.

(b) Affected ADs

    This AD replaces AD 2016-07-28, Amendment 39-18473 (81 FR 21253, 
April 11, 2016) (``AD 2016-07-28'').

(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 57, Wings.

(e) Unsafe Condition

    This AD was prompted by reports of cracking at certain 
stringers, associated end fittings, and skins in the center wing 
fuel tank where the stringers meet the end fittings. The FAA is 
issuing this AD to detect and correct cracking in the center wing 
lower skin. Such cracking could cause structural failure of the 
wings.

(f) Compliance

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

(g) Required Actions

    Except as specified in paragraph (h) of this AD: At the 
applicable times specified in paragraph 1.E., ``Compliance,'' of 
Boeing Alert Service Bulletin MD80-57A244, Revision 1, dated October 
1, 2019, do all applicable actions identified as ``RC'' (required 
for compliance) in, and in accordance with, the Accomplishment 
Instructions of Boeing Alert Service Bulletin MD80-57A244, Revision 
1, dated October 1, 2019.

    Note 1 to paragraph (g) of this AD: Boeing Alert Service 
Bulletin MD80-57A244, Revision 1, dated October 1, 2019, refers to 
Drawing SN09570007 for certain inspection sequences. If the pages of 
Drawing SN09570007 are illegible, guidance can be found in Boeing 
Multi Operator Message MOM-MOM-19-0549-01B, dated October 4, 2019.

(h) Exception to Service Information Specifications

    Where Boeing Alert Service Bulletin MD80-57A244, Revision 1, 
dated October 1, 2019, specifies contacting Boeing for repair 
instructions or for alternative inspections: This AD requires doing 
the repair, or doing the alternative inspections and applicable on-
condition actions before further flight using a method approved in 
accordance with the procedures specified in paragraph (i) of this 
AD.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO Branch, 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 certification office, send it to the attention of 
the person identified in paragraph (j)(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 Company Organization Designation 
Authorization (ODA) that has been authorized by the Manager, Los 
Angeles ACO Branch, FAA, 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) AMOCs approved previously for AD 2016-07-28 are not approved 
as AMOCs for this AD.
    (5) For service information that contains steps that are labeled 
as Required for Compliance (RC), the provisions of paragraphs 
(i)(5)(i) and (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.

(j) Related Information

    (1) For more information about this AD, contact Mohit Garg, 
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5264; 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-
5600; telephone 562-797-1717; internet https://www.myboeingfleet.com. You may view this referenced service 
information at the FAA, Transport Standards Branch, 2200 South 216th 
St., Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195.


[[Page 8212]]


    Issued on February 7, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-02862 Filed 2-12-20; 8:45 am]
BILLING CODE 4910-13-P