[Federal Register Volume 76, Number 136 (Friday, July 15, 2011)]
[Rules and Regulations]
[Pages 41651-41653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17400]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-0217; Directorate Identifier 2010-NM-165-AD;
Amendment 39-16748; AD 2011-15-01]
RIN 2120-AA64
Airworthiness Directives; 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
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD requires a detailed inspection to detect
distress and existing repairs to the leading edge structure of the
vertical stabilizer at the splice at Station Zfs = 52.267; repetitive
inspections for cracking in the front spar cap forward flanges of the
vertical stabilizer, and either the aft flanges or side skins;
repetitive inspections for loose and missing fasteners; and related
investigative and corrective actions if necessary. This AD was prompted
by reports of cracked vertical stabilizer skin, a severed front spar
cap, elongated fastener holes at the leading edge of the vertical
stabilizer, and a cracked front spar web and front spar cap bolt holes
in the vertical stabilizer. We are issuing this AD to detect and
correct such cracking damage, which could result in the structure being
unable to support limit load, and could lead to the loss of the
vertical stabilizer.
DATES: This AD is effective August 19, 2011.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of August 19,
2011.
ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
3855 Lakewood Boulevard, MC D800-0019, Long Beach, California 90846-
0001; telephone 206-544-5000, extension 2; fax 206-766-5683; e-mail
[email protected]; Internet https://www.myboeingfleet.com. You may
review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at the
FAA, call 425-227-1221.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov; 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 Document 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: Roger Durbin, Aerospace Engineer,
Airframe Branch, ANM-120L, Los Angeles Aircraft Certification Office,
3960 Paramount Boulevard, Lakewood, California 90712-4137; phone: 562-
627-5233; fax: 562-627-5210; e-mail: [email protected].
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
the specified products. That NPRM published in the Federal Register on
March 14, 2011 (76 FR 13543). That NPRM proposed to require a detailed
inspection to detect distress and existing repairs to the leading edge
structure of the vertical stabilizer at the splice at Station Zfs =
52.267; repetitive inspections for cracking in the front spar cap
forward flanges of the vertical stabilizer, and either the aft flanges
or side skins; repetitive inspections for loose and missing fasteners;
and related investigative and corrective actions if necessary.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
and the FAA's response to each comment.
[[Page 41652]]
Support for the Proposed AD
Boeing stated that it agrees with the NPRM.
Request To Change Heading for Paragraph (h) of the NPRM
American Airlines (American) stated that the heading of
``Repetitive Inspections for Cracks, and Related Investigative and
Corrective Actions'' prior to paragraph (h) of the NPRM should not
include ``repetitive'' because paragraph (h) of the NPRM only address
initial inspections. From these statements, we infer that American
wants us to remove ``repetitive'' from the heading preceding paragraph
(h) of the NPRM.
We disagree. The heading applies to all paragraphs following the
heading until the next header. Paragraph (h)(2) of this AD requires
repetitive inspections if no crack is detected by the initial
inspection. We have not changed the AD in this regard.
Request To Match Actions Proposed in NPRM to Actions in Service
Information
American stated that Boeing Alert Service Bulletin MD80-55A067,
dated June 24, 2010, in paragraph 4 and 5 of the Accomplishment
Instructions, recommends repetitive inspections of the leading edge and
spar cap structure, and that only paragraph (j) of the NPRM requires
repetitive inspections and then only for the leading edge structure
under some conditions. We infer that American wants us to change the AD
to match Boeing Alert Service Bulletin MD80-55A067, dated June 24,
2010.
We disagree with revising the AD. In addition to paragraph (j),
paragraph (h)(2) of this AD requires repetitive inspections for cracks
of the left and right vertical stabilizer front spar cap if no crack is
detected by the initial inspection, which is consistent with the
service information and results in the AD and service information
having consistent requirements. We have not changed the AD in this
regard.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD as proposed.
Costs of Compliance
We estimate that this AD will affect 668 airplanes of U.S.
registry.
We estimate the following costs to comply with this AD:
Estimated Costs
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Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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Inspection for existing repairs, 10 work-hours x $85 per $0 $850............... $567,800.
distress. hour = $850.
Repetitive inspections for 7 work-hours x $85 per $0 $595 per inspection $397,460 per
cracking and loose and missing hour = $595 per cycle. inspection cycle.
fasteners. inspection cycle.
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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 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):
2011-15-01 The Boeing Company: Amendment 39-16748; Docket No. FAA-
2011-0217; Directorate Identifier 2010-NM-165-AD.
Effective Date
(a) This AD is effective August 19, 2011.
Affected ADs
(b) None.
Applicability
(c) This AD applies to 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, as identified in Boeing
Alert Service Bulletin MD80-55A067, dated June 24, 2010.
Subject
(d) Joint Aircraft System Component (JASC)/Air Transport
Association (ATA) of America Code 55: Stabilizers.
Unsafe Condition
(e) This AD was prompted by reports of cracked vertical
stabilizer skin, a severed front spar cap, elongated fastener holes
at the leading edge of the vertical stabilizer, and a cracked front
spar web and front spar cap bolt holes in the vertical stabilizer.
We are issuing this AD to detect and correct such cracking damage,
which could result in the structure being unable to support limit
load,
[[Page 41653]]
and could lead to the loss of the vertical stabilizer.
Compliance
(f) Comply with this AD within the compliance times specified,
unless already done.
Inspections
(g) Within 4,500 flight cycles after the effective date of this
AD, do a detailed inspection for distress in and existing repairs to
the leading edge structure of the vertical stabilizer at the splice
at Station Zfs=52.267, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin MD80-55A067, dated
June 24, 2010.
Repetitive Inspections for Cracks, and Related Investigative and
Corrective Actions
(h) Before further flight after doing the inspection required by
paragraph (g) of this AD, inspect for cracks of the left and right
vertical stabilizer front spar cap, in accordance with either Option
1 or Option 2 as specified in the Accomplishment Instructions of
Boeing Alert Service Bulletin MD80-55A067, dated June 24, 2010. If
any crack is found, before further flight, evaluate and verify to
confirm all crack indications, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin MD80-55A067, dated
June 24, 2010.
(1) If any cracking is confirmed, before further flight, repair
using a method approved in accordance with the procedures specified
in paragraph (l) of this AD.
(2) If no cracking is confirmed, repeat the inspection
thereafter at intervals not to exceed the applicable interval
specified in paragraph (h)(2)(i) or (h)(2)(ii) of this AD.
(i) If the most recent inspection was done using Option 1, the
next inspection must be done within 4,400 flight cycles.
(ii) If the most recent inspection was done using Option 2, the
next inspection must be done within 3,000 flight cycles.
Leading Edge Repair
(i) If leading edge distress is found during the detailed
inspection required by paragraph (g) of this AD, before further
flight and after accomplishing the inspection required by paragraph
(h) of this AD, repair the leading edge, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin MD80-
55A067, dated June 24, 2010.
Inspection for Loose/Missing Fasteners
(j) For airplanes on which no cracking is confirmed during the
initial inspection required by paragraph (h) of this AD: At the
applicable time specified in paragraph (j)(1) or (j)(2) of this AD,
do a detailed inspection for indications of loose and missing
fasteners, in accordance with the Accomplishment Instructions of
Boeing Alert Service Bulletin MD80-55A067, dated June 24, 2010. If
any loose or missing fastener is found, before further flight,
repair the leading edge, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin MD80-55A067, dated
June 24, 2010.
(1) If the inspection required by paragraph (h) was done using
Option 1, do the inspection required by paragraph (j) of this AD
within 4,400 flight cycles after accomplishing the inspection
required by paragraph (h) of this AD.
(2) If inspection required by paragraph (h) was done using
Option 2, do the inspection required by paragraph (j) of this AD
within 3,000 flight cycles after accomplishing the inspection
required by paragraph (h) of this AD.
(k) For airplanes on which no cracking is confirmed during the
most recent inspection required by paragraph (h) of this AD: Repeat
the inspection for loose and missing fasteners required by paragraph
(j) of this AD thereafter at intervals not to exceed the applicable
time specified in paragraph (k)(1) or (k)(2) of this AD.
(1) If the most recent inspection required by paragraph (h) was
done using Option 1, the next inspection required by paragraph (j)
of this AD must be done within 4,400 flight cycles after
accomplishing the most recent inspection required by paragraph (j)
of this AD.
(2) If the most recent inspection required by paragraph (h) was
done using Option 2, the next inspection required by paragraph (j)
of this AD must be done within 3,000 flight cycles after the most
recent inspection required by paragraph (j) of this AD.
Alternative Methods of Compliance (AMOCs)
(l)(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 the Related Information
section of this AD.
(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 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. For a repair method to be approved, the repair
must meet the certification basis of the airplane and 14 CFR 25.571,
Amendment 45, and the approval must specifically refer to this AD.
Related Information
(m) For more information about this AD, contact Roger Durbin,
Aerospace Engineer, Airframe Branch, ANM-120L, Los Angeles Aircraft
Certification Office, 3960 Paramount Boulevard, Lakewood, California
90712-4137; phone: 562-627-5233; fax: 562-627-5210; e-mail:
[email protected].
Material Incorporated by Reference
(n) You must use Boeing Alert Service Bulletin MD80-55A067,
dated June 24, 2010, to do the actions required by this AD, unless
the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
3855 Lakewood Boulevard, MC D800-0019, Long Beach, California 90846-
0001; telephone 206-544-5000, extension 2; fax 206-766-5683; e-mail
[email protected]; Internet https://www.myboeingfleet.com.
(3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call 425-227-1221.
(4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on July 1, 2011.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-17400 Filed 7-14-11; 8:45 am]
BILLING CODE 4910-13-P