81_FR_93835 81 FR 93590 - Airworthiness Directives; The Boeing Company Airplanes

81 FR 93590 - Airworthiness Directives; The Boeing Company Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 245 (December 21, 2016)

Page Range93590-93592
FR Document2016-29306

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.

Federal Register, Volume 81 Issue 245 (Wednesday, December 21, 2016)
[Federal Register Volume 81, Number 245 (Wednesday, December 21, 2016)]
[Rules and Regulations]
[Pages 93590-93592]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29306]



[[Page 93590]]

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

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.

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

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


[[Page 93591]]


                                      Estimated Costs for Optional Actions
----------------------------------------------------------------------------------------------------------------
              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



                                                  93590           Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Rules and Regulations

                                                  DEPARTMENT OF TRANSPORTATION                               the availability of this material at the               inspections, and corrective actions if
                                                                                                             FAA, call 425–227–1221. It is also                     necessary. The proposed AD also
                                                  Federal Aviation Administration                            available on the Internet at http://                   included an optional terminating fatigue
                                                                                                             www.regulations.gov by searching for                   life enhancement modification. We are
                                                  14 CFR Part 39                                             and locating Docket No. FAA–2016–                      issuing this AD to detect and correct
                                                                                                             8845.                                                  fatigue cracking in the rear spar lower
                                                  [Docket No. FAA–2016–8845; Directorate
                                                  Identifier 2016–NM–094–AD; Amendment                       Examining the AD Docket                                caps of the horizontal stabilizer, which,
                                                  39–18732; AD 2016–25–06]                                                                                          paired with cracking in adjacent areas,
                                                                                                               You may examine the AD docket on                     could adversely affect the structural
                                                  RIN 2120–AA64                                              the Internet at http://                                integrity of the airplane.
                                                                                                             www.regulations.gov by searching for
                                                  Airworthiness Directives; The Boeing                       and locating Docket No. FAA–2016–                      Comments
                                                  Company Airplanes                                          8845 or in person at the Docket                          We gave the public the opportunity to
                                                  AGENCY:  Federal Aviation                                  Management Facility between 9 a.m.                     participate in developing this AD. We
                                                                                                             and 5 p.m., Monday through Friday,                     have considered the comment received.
                                                  Administration (FAA), DOT.
                                                                                                             except Federal holidays. The AD docket                 Boeing supported the NPRM.
                                                  ACTION: Final rule.                                        contains this AD, the regulatory
                                                                                                             evaluation, any comments received, and                 Conclusion
                                                  SUMMARY:    We are adopting a new
                                                  airworthiness directive (AD) for all The                   other information. The address for the                   We reviewed the relevant data,
                                                  Boeing Company Model DC–9–81 (MD–                          Docket Office (phone: 800–647–5527) is                 considered the comment received, and
                                                  81), DC–9–82 (MD–82), DC–9–83 (MD–                         Docket Management Facility, U.S.                       determined that air safety and the
                                                                                                             Department of Transportation, Docket                   public interest require adopting this AD
                                                  83), and DC–9–87 (MD–87) airplanes;
                                                                                                             Operations, M–30, West Building                        as proposed, except for minor editorial
                                                  and Model MD–88 airplanes. This AD
                                                                                                             Ground Floor, Room W12–140, 1200
                                                  was prompted by a report of fatigue                                                                               changes. We have determined that these
                                                                                                             New Jersey Avenue SE., Washington,
                                                  cracking in a rear spar lower cap of the                                                                          minor changes:
                                                                                                             DC 20590.
                                                  horizontal stabilizer. This AD requires                                                                             • Are consistent with the intent that
                                                  repetitive inspections for cracking of the                 FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                    was proposed in the NPRM for
                                                  rear spar lower caps of the horizontal                     Haytham Alaidy, Aerospace Engineer,
                                                                                                                                                                    correcting the unsafe condition; and
                                                  stabilizer, post-modification and post-                    Airframe Branch, ANM–120L, FAA, Los
                                                                                                             Angeles Aircraft Certification Office                    • Do not add any additional burden
                                                  repair inspections, and corrective                                                                                upon the public than was already
                                                  actions if necessary. This AD also                         (ACO), 3960 Paramount Boulevard,
                                                                                                             Lakewood, CA 90712–4137; phone:                        proposed in the NPRM.
                                                  provides an optional terminating fatigue
                                                  life enhancement modification. We are                      562–627–5224; fax: 562–627–5210;                       Related Service Information Under 1
                                                  issuing this AD to address the unsafe                      email: haytham.alaidy@faa.gov.                         CFR Part 51
                                                  condition on these products.                               SUPPLEMENTARY INFORMATION:
                                                                                                                                                                      We reviewed Boeing Alert Service
                                                  DATES: This AD is effective January 25,                    Discussion                                             Bulletin MD80–55A072, dated April 8,
                                                  2017.                                                        We issued a notice of proposed                       2016. The service information describes
                                                     The Director of the Federal Register                    rulemaking (NPRM) to amend 14 CFR                      procedures for doing inspections for
                                                  approved the incorporation by reference                    part 39 by adding an AD that would                     cracking of the rear spar lower caps of
                                                  of a certain publication listed in this AD                 apply to all The Boeing Company Model                  the horizontal stabilizer, post-
                                                  as of January 25, 2017.                                    DC–9–81 (MD–81), DC–9–82 (MD–82),                      modification and post-repair
                                                  ADDRESSES: For service information                         DC–9–83 (MD–83), and DC–9–87 (MD–                      inspections, and corrective actions. This
                                                  identified in this final rule, contact                     87) airplanes; and Model MD–88                         service information is reasonably
                                                  Boeing Commercial Airplanes,                               airplanes. The NPRM published in the                   available because the interested parties
                                                  Attention: Contractual & Data Services                     Federal Register on August 22, 2016 (81                have access to it through their normal
                                                  (C&DS), 2600 Westminster Blvd., MC                         FR 56540) (‘‘the NPRM’’). The NPRM                     course of business or by the means
                                                  110–SK57, Seal Beach, CA 90740–5600;                       was prompted by a report of fatigue                    identified in the ADDRESSES section.
                                                  telephone: 562–797–1717; Internet:                         cracking in a rear spar lower cap of the               Costs of Compliance
                                                  https://www.myboeingfleet.com. You                         horizontal stabilizer. The NPRM
                                                  may view this referenced service                           proposed to require repetitive                           We estimate that this AD affects 395
                                                  information at the FAA, Transport                          inspections for cracking of the rear spar              airplanes of U.S. registry.
                                                  Airplane Directorate, 1601 Lind Avenue                     lower caps of the horizontal stabilizer,                 We estimate the following costs to
                                                  SW., Renton, WA. For information on                        post-modification and post-repair                      comply with this AD:

                                                                                                                          ESTIMATED COSTS
                                                                                                                                                                                      Cost per     Cost on U.S.
                                                            Action                                                 Labor cost                                       Parts cost        product       operators

                                                  Inspection ...................   3 work-hours × $85 per hour = $255 per inspection cycle ................            $0              $255 per    $100,725 per
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                                                                                                                                                      inspection    inspection
                                                                                                                                                                                         cycle        cycle.




                                             VerDate Sep<11>2014      17:05 Dec 20, 2016   Jkt 241001   PO 00000   Frm 00020    Fmt 4700   Sfmt 4700   E:\FR\FM\21DER1.SGM   21DER1


                                                                 Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Rules and Regulations                                                    93591

                                                                                                          ESTIMATED COSTS FOR OPTIONAL ACTIONS
                                                                                                                                                                                                  Cost per
                                                           Action                                                  Labor cost                                          Parts cost                 product

                                                  Modification ..............   59 work-hours × $85 per hour = $5,015 per stabilizer .............................      $1,267        $6,282 per stabilizer.



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

                                                                                                                        ON-CONDITION COSTS
                                                           Action                                                  Labor cost                                          Parts cost            Cost per product

                                                  Replacement ............      368 work-hours × $85 per hour = $31,280 per stabilizer .........................        $31,408       $62,688 per stabilizer.



                                                    We have received no definitive data                       (4) Will not have a significant                        issuing this AD to detect and correct fatigue
                                                  that would enable us to provide cost                      economic impact, positive or negative,                   cracking in the rear spar lower caps of the
                                                  estimates for the on-condition actions                    on a substantial number of small entities                horizontal stabilizer, which, paired with
                                                                                                                                                                     cracking in adjacent areas, could adversely
                                                  that require repair using a method                        under the criteria of the Regulatory
                                                                                                                                                                     affect the structural integrity of the airplane.
                                                  specified in paragraph (k) of this AD.                    Flexibility Act.
                                                                                                                                                                     (f) Compliance
                                                  Authority for This Rulemaking                             List of Subjects in 14 CFR Part 39
                                                                                                                                                                        Comply with this AD within the
                                                     Title 49 of the United States Code                       Air transportation, Aircraft, Aviation                 compliance times specified, unless already
                                                  specifies the FAA’s authority to issue                    safety, Incorporation by reference,                      done.
                                                  rules on aviation safety. Subtitle I,                     Safety.                                                  (g) Repetitive Inspections and Corrective
                                                  section 106, describes the authority of                   Adoption of the Amendment                                Actions
                                                  the FAA Administrator. Subtitle VII:                                                                                  Except as specified in paragraph (i)(1) of
                                                  Aviation Programs, describes in more                        Accordingly, under the authority
                                                                                                                                                                     this AD, at the applicable time specified in
                                                  detail the scope of the Agency’s                          delegated to me by the Administrator,
                                                                                                                                                                     paragraph 1.E., ‘‘Compliance,’’ of Boeing
                                                  authority.                                                the FAA amends 14 CFR part 39 as                         Alert Service Bulletin MD80–55A072, dated
                                                                                                            follows:                                                 April 8, 2016: Do an open hole high
                                                     We are issuing this rulemaking under
                                                                                                                                                                     frequency eddy current inspection (HFEC) or
                                                  the authority described in Subtitle VII,                  PART 39—AIRWORTHINESS                                    surface HFEC inspection for cracking of the
                                                  Part A, Subpart III, Section 44701:                       DIRECTIVES                                               rear spar lower caps of the horizontal
                                                  ‘‘General requirements.’’ Under that                                                                               stabilizer, and do all applicable corrective
                                                  section, Congress charges the FAA with                    ■ 1. The authority citation for part 39                  actions; in accordance with the
                                                  promoting safe flight of civil aircraft in                continues to read as follows:                            Accomplishment Instructions of Boeing Alert
                                                  air commerce by prescribing regulations                       Authority: 49 U.S.C. 106(g), 40113, 44701.           Service Bulletin MD80–55A072, dated April
                                                  for practices, methods, and procedures                                                                             8, 2016, except as specified in paragraph
                                                  the Administrator finds necessary for                     § 39.13    [Amended]                                     (i)(2) of this AD. Do all applicable corrective
                                                                                                                                                                     actions before further flight. Repeat the
                                                  safety in air commerce. This regulation                   ■ 2. The FAA amends § 39.13 by adding                    inspection thereafter at the applicable
                                                  is within the scope of that authority                     the following new airworthiness                          interval specified in paragraph 1.E.,
                                                  because it addresses an unsafe condition                  directive (AD):                                          ‘‘Compliance,’’ of Boeing Alert Service
                                                  that is likely to exist or develop on                                                                              Bulletin MD80–55A072, dated April 8, 2016,
                                                                                                            2016–25–06 The Boeing Company:
                                                  products identified in this rulemaking                        Amendment 39–18732; Docket No.                       until accomplishment of the actions provided
                                                  action.                                                       FAA–2016–8845; Directorate Identifier                by paragraph (h) of this AD.
                                                  Regulatory Findings                                           2016–NM–094–AD.                                      (h) Optional Terminating Action
                                                                                                            (a) Effective Date                                         Accomplishment of the fatigue life
                                                    This AD will not have federalism
                                                                                                              This AD is effective January 25, 2017.                 enhancement modification in accordance
                                                  implications under Executive Order                                                                                 with the Accomplishment Instructions of
                                                  13132. This AD will not have a                            (b) Affected ADs                                         Boeing Alert Service Bulletin MD80–55A072,
                                                  substantial direct effect on the States, on                 None.                                                  dated April 8, 2016, terminates the repetitive
                                                  the relationship between the national                                                                              inspections required by paragraph (g) of this
                                                  government and the States, or on the                      (c) Applicability                                        AD.
                                                  distribution of power and                                    This AD applies to all The Boeing                     (i) Service Information Exceptions
                                                  responsibilities among the various                        Company Model DC–9–81 (MD–81), DC–9–
                                                                                                            82 (MD–82), DC–9–83 (MD–83), and DC–9–                      (1) Where paragraph 1.E., ‘‘Compliance,’’ of
                                                  levels of government.
                                                                                                            87 (MD–87) airplanes; and Model MD–88                    Boeing Alert Service Bulletin MD80–55A072,
                                                    For the reasons discussed above, I                                                                               dated April 8, 2016, specifies a compliance
                                                                                                            airplanes; certificated in any category.
                                                  certify that this AD:
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                                                                                                                                     time ‘‘after the original issue date of this
                                                    (1) Is not a ‘‘significant regulatory                   (d) Subject                                              service bulletin,’’ this AD requires
                                                  action’’ under Executive Order 12866,                       Air Transport Association (ATA) of                     compliance within the specified compliance
                                                    (2) Is not a ‘‘significant rule’’ under                 America Code 55, Stabilizers.                            time after the effective date of this AD.
                                                                                                                                                                        (2) If any cracking is found during any
                                                  DOT Regulatory Policies and Procedures                    (e) Unsafe Condition                                     inspection required by this AD, and Boeing
                                                  (44 FR 11034, February 26, 1979),                            This AD was prompted by a report of                   Alert Service Bulletin MD80–55A072, dated
                                                    (3) Will not affect intrastate aviation                 fatigue cracking in a Model MD–88 rear spar              April 8, 2016, specifies to contact Boeing for
                                                  in Alaska, and                                            lower cap of the horizontal stabilizer. We are           appropriate action: Before further flight,



                                             VerDate Sep<11>2014     17:05 Dec 20, 2016   Jkt 241001   PO 00000   Frm 00021   Fmt 4700   Sfmt 4700   E:\FR\FM\21DER1.SGM     21DER1


                                                  93592        Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Rules and Regulations

                                                  repair the cracking using a method approved             (l) Related Information                               (Regional Jet Series 1000) airplanes.
                                                  in accordance with the procedures specified                For more information about this AD,                This AD was prompted by reports of
                                                  in paragraph (k) of this AD.                            contact Haytham Alaidy, Aerospace                     two cases where the main landing gear
                                                  (j) Post-Modification and Post-Repair                   Engineer, Airframe Branch, ANM–120L,                  (MLG) failed to fully extend; it was
                                                  Actions                                                 FAA, Los Angeles ACO, 3960 Paramount                  determined that interference between
                                                                                                          Boulevard, Lakewood, CA 90712–4137;                   the MLG door and the MLG fairing seal
                                                     For airplanes on which any modification or
                                                                                                          phone: 562–627–5224; fax: 562–627–5210;               prevented the MLG door from opening
                                                  repair specified in (g) or (h) of this AD has
                                                                                                          email: haytham.alaidy@faa.gov.
                                                  been done: At the applicable time and                                                                         fully. This AD requires repetitive
                                                  intervals specified in paragraph 1.E.,                  (m) Material Incorporated by Reference                inspections of the MLG fairing, fairing
                                                  ‘‘Compliance,’’ of Boeing Alert Service                    (1) The Director of the Federal Register           seal, door, and adjacent structures; and
                                                  Bulletin MD80–55A072, dated April 8, 2016,              approved the incorporation by reference               replacement or repair of affected parts
                                                  do all applicable post-modification and post-           (IBR) of the service information listed in this       and fasteners, or removal of the MLG
                                                  repair inspections and all applicable                   paragraph under 5 U.S.C. 552(a) and 1 CFR             door, if necessary. This AD also requires
                                                  corrective actions; in accordance with the              part 51.
                                                  Accomplishment Instructions of Boeing Alert                                                                   installation of a safety guide in the MLG
                                                                                                             (2) You must use this service information          fairing and an increase of the spacing
                                                  Service Bulletin MD80–55A072, dated April               as applicable to do the actions required by
                                                  8, 2016; except as specified in paragraph                                                                     between the MLG door and the fairing,
                                                                                                          this AD, unless the AD specifies otherwise.
                                                  (i)(2) of this AD. All applicable corrective               (i) Boeing Alert Service Bulletin MD80–            which would terminate the repetitive
                                                  actions must be done before further flight.             55A072, dated April 8, 2016.                          inspections. We are issuing this AD to
                                                  (k) Alternative Methods of Compliance                      (ii) Reserved.                                     address the unsafe condition on these
                                                  (AMOCs)                                                    (3) For Boeing service information                 products.
                                                                                                          identified in this AD, contact Boeing                 DATES: This AD is effective January 25,
                                                     (1) The Manager, Los Angeles Aircraft
                                                                                                          Commercial Airplanes, Attention:
                                                  Certification Office (ACO), FAA, has the                                                                      2017.
                                                                                                          Contractual & Data Services (C&DS), 2600
                                                  authority to approve AMOCs for this AD, if
                                                                                                          Westminster Blvd., MC 110–SK57, Seal
                                                                                                                                                                  The Director of the Federal Register
                                                  requested using the procedures found in 14
                                                                                                          Beach, CA 90740–5600; telephone: 562–797–             approved the incorporation by reference
                                                  CFR 39.19. In accordance with 14 CFR 39.19,                                                                   of certain publications listed in this AD
                                                                                                          1717; Internet: https://
                                                  send your request to your principal inspector                                                                 as of January 25, 2017.
                                                                                                          www.myboeingfleet.com.
                                                  or local Flight Standards District Office, as
                                                                                                             (4) You may view this service information          ADDRESSES: For service information
                                                  appropriate. If sending information directly
                                                                                                          at the FAA, Transport Airplane Directorate,           identified in this final rule, contact
                                                  to the manager of the ACO, send it to the
                                                                                                          1601 Lind Avenue SW., Renton, WA. For                 Bombardier, Inc., 400 Côte-Vertu Road
                                                  attention of the person identified in
                                                                                                          information on the availability of this               West, Dorval, Québec H4S 1Y9, Canada;
                                                  paragraph (l) of this AD. Information may be
                                                                                                          material at the FAA, call 425–227–1221.
                                                  emailed to: 9-ANM-LAACO-AMOC-
                                                                                                             (5) You may view this service information
                                                                                                                                                                Widebody Customer Response Center
                                                  Requests@faa.gov.                                                                                             North America toll-free telephone 1–
                                                                                                          that is incorporated by reference at the
                                                     (2) Before using any approved AMOC,                                                                        866–538–1247 or direct-dial telephone
                                                                                                          National Archives and Records
                                                  notify your appropriate principal inspector,                                                                  1–514–855–2999; fax 514–855–7401;
                                                                                                          Administration (NARA). For information on
                                                  or lacking a principal inspector, the manager                                                                 email ac.yul@aero.bombardier.com;
                                                                                                          the availability of this material at NARA, call
                                                  of the local flight standards district office/
                                                                                                          202–741–6030, or go to: http://                       Internet http://www.bombardier.com.
                                                  certificate holding district office.
                                                                                                          www.archives.gov/federal-register/cfr/ibr-            You may view this referenced service
                                                     (3) An AMOC that provides an acceptable
                                                                                                          locations.html.                                       information at the FAA, Transport
                                                  level of safety may be used for any repair,
                                                  modification, or alteration required by this              Issued in Renton, Washington, on                    Airplane Directorate, 1601 Lind Avenue
                                                  AD if it is approved by the Boeing                      November 25, 2016.                                    SW., Renton, WA. For information on
                                                  Commercial Airplanes Organization                       John P. Piccola, Jr.,                                 the availability of this material at the
                                                  Designation Authorization (ODA) that has                Acting Manager, Transport Airplane                    FAA, call 425–227–1221. It is also
                                                  been authorized by the Manager, Los Angeles             Directorate, Aircraft Certification Service.          available on the Internet at http://
                                                  ACO, to make those findings. To be                                                                            www.regulations.gov by searching for
                                                                                                          [FR Doc. 2016–29306 Filed 12–20–16; 8:45 am]
                                                  approved, the repair method, modification
                                                  deviation, or alteration deviation must meet            BILLING CODE 4910–13–P                                and locating Docket No. FAA–2016–
                                                  the certification basis of the airplane, and the                                                              8847.
                                                  approval must specifically refer to this AD.                                                                  Examining the AD Docket
                                                     (4) Except as required by paragraph (i)(2)           DEPARTMENT OF TRANSPORTATION
                                                  of this AD: For service information that                                                                        You may examine the AD docket on
                                                  contains steps that are labeled as Required             Federal Aviation Administration                       the Internet at http://
                                                  for Compliance (RC), the provisions of                                                                        www.regulations.gov by searching for
                                                  paragraphs (k)(4)(i) and (k)(4)(ii) of this AD          14 CFR Part 39                                        and locating Docket No. FAA–2016–
                                                  apply.                                                                                                        8847; or in person at the Docket
                                                     (i) The steps labeled as RC, including               [Docket No. FAA–2016–8847; Directorate
                                                                                                          Identifier 2016–NM–020–AD; Amendment
                                                                                                                                                                Management Facility between 9 a.m.
                                                  substeps under an RC step and any figures                                                                     and 5 p.m., Monday through Friday,
                                                  identified in an RC step, must be done to               39–18742; AD 2016–25–16]
                                                  comply with the AD. If a step or sub-step is
                                                                                                                                                                except Federal holidays. The AD docket
                                                                                                          RIN 2120–AA64                                         contains this AD, the regulatory
                                                  labeled ‘‘RC Exempt,’’ then the RC
                                                  requirement is removed from that step or                                                                      evaluation, any comments received, and
                                                                                                          Airworthiness Directives; Bombardier,                 other information. The street address for
                                                  sub-step. An AMOC is required for any
                                                  deviations to RC steps, including substeps
                                                                                                          Inc. Airplanes                                        the Docket Office (telephone 800–647–
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  and identified figures.                                 AGENCY:  Federal Aviation                             5527) is Docket Management Facility,
                                                     (ii) Steps not labeled as RC may be                  Administration (FAA), Department of                   U.S. Department of Transportation,
                                                  deviated from using accepted methods in                                                                       Docket Operations, M–30, West
                                                  accordance with the operator’s maintenance
                                                                                                          Transportation (DOT).
                                                                                                          ACTION: Final rule.
                                                                                                                                                                Building Ground Floor, Room W12–140,
                                                  or inspection program without obtaining
                                                  approval of an AMOC, provided the RC steps,
                                                                                                                                                                1200 New Jersey Avenue SE.,
                                                  including substeps and identified figures, can          SUMMARY:  We are adopting a new                       Washington, DC 20590.
                                                  still be done as specified, and the airplane            airworthiness directive (AD) for certain              FOR FURTHER INFORMATION CONTACT:
                                                  can be put back in an airworthy condition.              Bombardier, Inc. Model CL–600–2E25                    Fabio Buttitta, Aerospace Engineer,


                                             VerDate Sep<11>2014   17:05 Dec 20, 2016   Jkt 241001   PO 00000   Frm 00022   Fmt 4700   Sfmt 4700   E:\FR\FM\21DER1.SGM   21DER1



Document Created: 2018-02-14 09:11:56
Document Modified: 2018-02-14 09:11:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis AD is effective January 25, 2017.
ContactHaytham 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]
FR Citation81 FR 93590 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR