[Federal Register Volume 87, Number 178 (Thursday, September 15, 2022)]
[Proposed Rules]
[Pages 56593-56596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19901]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 87, No. 178 / Thursday, September 15, 2022 / 
Proposed Rules  

[[Page 56593]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1050; Project Identifier AD-2021-01257-T]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2007-10-04, which applies to all McDonnell Douglas Model DC-9-81 (MD-
81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), and MD-88 
airplanes. AD 2007-10-04 requires repetitive inspections to detect 
cracks in the horizontal stabilizer, and related investigative and 
corrective actions if necessary. Since the FAA issued AD 2007-10-04, it 
has been determined that certain compliance times and repetitive 
intervals must be reduced to address the unsafe condition. This 
proposed AD continues to require the actions specified in AD 2007-10-04 
with revised compliance times for certain actions. 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 October 31, 
2022.

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 this service information at the FAA, Airworthiness Products 
Section, Operational Safety 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 at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2022-1050.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-1050; 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, any comments 
received, and other information. The street address for Docket 
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Sean Newell, Aerospace Engineer, 
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount 
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5266; 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 ADDRESSES. Include ``Docket No. FAA-2022-1050; Project Identifier 
AD-2021-01257-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to Sean 
Newell, Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO 
Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-
627-5266; email: [email protected]. Any commentary that the FAA 
receives that is not specifically designated as CBI will be placed in 
the public docket for this rulemaking.

Background

    The FAA issued AD 2007-10-04, Amendment 39-15045 (72 FR 25960, May 
8, 2007) (AD 2007-10-04), for all McDonnell Douglas Model DC-9-81 (MD-
81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), and MD-88 
airplanes. AD 2007-10-04 was prompted by reports of cracks found in the 
horizontal stabilizer in the upper and lower aft skin panels at the aft 
inboard corner at station XH = 8.2 and in the rear spar upper caps 
adjacent to the aft skin panel at station XH = 10.0. AD 2007-10-04 
requires repetitive inspections to detect cracks in the horizontal 
stabilizer, and related investigative and corrective actions if 
necessary. The FAA issued AD 2007-10-04 to detect and correct cracks in 
the

[[Page 56594]]

upper and lower aft skin panels and rear spar upper caps, which, if not 
corrected, could lead to the loss of overall structural integrity of 
the horizontal stabilizer.

Actions Since AD 2007-10-04 Was Issued

    Since the FAA issued AD 2007-10-04, it has been determined that 
certain compliance times and repetitive intervals must be reduced for 
the high frequency eddy current (HFEC) surface and open hole 
inspections of the rear spar upper caps. The FAA received a report from 
Boeing of a crack found along fasteners in the upper rear spar that was 
longer than two inches during an inspection of the horizontal rear spar 
upper cap on a Model DC-9-82 (MD-82) airplane with 69,799 flight hours 
and 38,520 flight cycles. The crack was discovered prior to the 
compliance time intervals for the repetitive inspections required by AD 
2007-10-04; it was determined that certain compliance times do not 
provide at least two opportunities to reliably detect dual origin 
cracks before they reach critical length.
    In addition, since the FAA issued AD 2007-10-04, the legal name of 
the manufacturer has been changed from McDonnell Douglas Corporation to 
The Boeing Company on the most recent type certificate data sheet for 
the affected airplane models.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe 
condition described previously is likely to exist or develop on other 
products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Service Bulletin MD80-55A065, 
Revision 2, dated October 11, 2021. This service information specifies 
procedures for repetitive eddy current inspections (HFEC or low 
frequency eddy current inspections, as applicable) of the horizontal 
stabilizer; and applicable corrective actions. Corrective actions 
include stop drilling the end of the crack, trimming out the crack and 
installing filler, installing a horizontal stabilizer upper and lower 
aft skin panel splice, replacing the horizontal stabilizer upper and 
lower aft skin panel, installing bushings and cold working holes, 
removing the crack and performing a repair, replacing the horizontal 
stabilizer rear spar upper cap splice, and replacing the splice repair 
with a new horizontal stabilizer rear spar upper cap.
    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.

Proposed AD Requirements in This NPRM

    Although this proposed AD does not explicitly restate the 
requirements of AD 2007-10-04, this proposed AD would retain all 
requirements of AD 2007-10-04. 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 reduce certain compliance times. This proposed AD would also 
require accomplishing the actions specified in the service information 
described previously. Alternative methods of compliance (AMOCs) 
previously approved for AD 2007-10-04 are approved for the 
corresponding provisions of Boeing Alert Service Bulletin MD80-55A065, 
dated April 25, 2007, that are required by paragraph (g) of this 
proposed AD. However, the following AMOCs are canceled as they 
reference specific inspection intervals that now fall outside of the 
new inspections requirements:
     FAA Letter Number 120L-14-226a, dated January 29, 2015.
     FAA Letter Number 120L-15-384b, dated November 2, 2015.
     FAA Letter Number 120L-10-345, dated August 3, 2010.
    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-2022-1050.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 22 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspections (retained actions      8 work-hours x $85               $0  $680, per            $14,960 per
 from AD 2007-10-04).               per hour = $680,                     inspection cycle.    inspection cycle.
                                    per inspection
                                    cycle.
Inspections (new proposed action)  Up to 20 work-hours               0  Up to $1,700 per     Up to $37,400 per
                                    x $85 per hour =                     inspection cycle.    inspection cycle.
                                    $1,700 per
                                    inspection cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary 
corrective actions (e.g., repairs, replacements, installation) that 
would be required based on the results of the proposed inspection. The 
FAA has no way of determining the number of aircraft that might need 
these corrective actions:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
              Action                     Labor cost               Parts cost               Cost per  product
----------------------------------------------------------------------------------------------------------------
Repair, replacement and             Up to 656 work-hours  Up to $128,892............  Up to $184,652.
 installation of upper or lower      x $85 per hour =
 aft skin panel or splice.           $55,760.
Stop drill repair.................  4 work-hours x $85    $0........................  $340.
                                     per hour = $340.
Trim out..........................  8 work-hours x $85    $0........................  $680.
                                     per hour = $680.
Install bushings and cold work....  26 work-hours x $85   $9,827....................  $12,037.
                                     per hour = $2,210.
Crack removal and repair..........  6 work hours x $85    $2,033....................  $2,543.
                                     per hour = $510.
Replace rear spar upper cap.......  368 work-hours x $85  $36,402...................  $67,682.
                                     per hour = $31,280.
----------------------------------------------------------------------------------------------------------------


[[Page 56595]]

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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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:
0
a. Removing Airworthiness Directive (AD) 2007-10-04, Amendment 39-15045 
(72 FR 25960, May 8, 2007), and
0
b. Adding the following new AD:

The Boeing Company: Docket No. FAA-2022-1050; Project Identifier AD-
2021-01257-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) action by October 31, 2022.

(b) Affected ADs

    This AD replaces AD 2007-10-04, Amendment 39-15045 (72 FR 25960, 
May 8, 2007) (AD 2007-10-04).

(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), DC-9-87 (MD-87), and 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 reports of cracks found in the 
horizontal stabilizer in the upper and lower aft skin panels at the 
aft inboard corner at station XH = 8.2 and in the rear spar upper 
caps adjacent to the aft skin panel at station XH = 10.0; and by a 
determination that certain compliance times and inspection intervals 
must be reduced. The FAA is issuing this AD to detect and correct 
cracks in the upper and lower aft skin panels and rear spar upper 
caps, which, if not corrected, could lead to the loss of overall 
structural integrity of the horizontal stabilizer.

(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 (h) of this AD: At the 
applicable times specified in paragraph 1.E., ``Compliance,'' of 
Boeing Alert Service Bulletin MD80-55A065, Revision 2, dated October 
11, 2021, do an eddy current inspection to detect any cracking in 
the horizontal stabilizer and do all applicable repetitive 
inspections and corrective actions, in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin MD80-
55A065, Revision 2, dated October 11, 2021. Do all applicable 
repetitive inspections and corrective actions at the times specified 
in paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 
MD80-55A065, Revision 2, dated October 11, 2021.

(h) Exceptions to Service Information Specifications

    (1) Where the Compliance Time columns of the tables in paragraph 
1.E., ``Compliance,'' of Boeing Alert Service Bulletin MD80-55A065, 
Revision 2, dated October 11, 2021, use the phrase ``the original 
issue date of this service bulletin,'' this AD requires using May 
23, 2007 (the effective date of AD 2007-10-04).
    (2) Where the Compliance Time columns of the tables in paragraph 
1.E., ``Compliance,'' of Boeing Alert Service Bulletin MD80-55A065, 
Revision 2, dated October 11, 2021, use the phrase ``the Revision 2 
date of this service bulletin,'' this AD requires using ``the 
effective date of this AD.''

(i) Credit for Previous Actions

    (1) This paragraph provides credit for the actions specified in 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using Boeing Alert Service Bulletin MD80-
55A065, dated April 25, 2007. This service information was 
incorporated by reference in AD 2007-10-04, Amendment 39-15045 (72 
FR 25960, May 8, 2007).
    (2) This paragraph provides credit for the actions specified in 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using Boeing Alert Service Bulletin MD80-
55A065, Revision 1, dated September 23, 2008. This service 
information is not incorporated by reference in this AD.

(j) 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 responsible Flight Standards 
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 (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 responsible Flight Standards 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 for AD 2007-10-04 are approved as AMOCs for 
the corresponding provisions of Boeing Alert Service Bulletin MD80-
55A065, dated April 25, 2007, that are required by paragraph (g) of 
this AD, except the AMOCs specified in paragraphs (j)(4)(i) through 
(iii) of this AD are not approved as AMOCs for this AD.
    (i) FAA Letter Number 120L-14-226a, dated January 29, 2015.
    (ii) FAA Letter Number 120L-15-384b, dated November 2, 2015.
    (iii) FAA Letter Number 120L-10-345, dated August 3, 2010.

[[Page 56596]]

(k) Related Information

    (1) For more information about this AD, contact Sean Newell, 
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5266; 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, Airworthiness Products Section, Operational 
Safety Branch, 2200 South 216th St., Des Moines, WA. For information 
on the availability of this material at the FAA, call 206-231-3195.

    Issued on August 4, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2022-19901 Filed 9-14-22; 8:45 am]
BILLING CODE 4910-13-P