82_FR_23602 82 FR 23504 - Airworthiness Directives; The Boeing Company Airplanes

82 FR 23504 - Airworthiness Directives; The Boeing Company Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 98 (May 23, 2017)

Page Range23504-23507
FR Document2017-10252

We are adopting a new airworthiness directive (AD) for all The Boeing Company Model MD-90-30 airplanes. This AD was prompted by a report of cracking in a horizontal stabilizer rear spar cap. This AD requires repetitive inspections for any crack in the left and right side horizontal stabilizer rear spar upper caps, and repair or replacement if necessary. We are issuing this AD to address the unsafe condition on these products.

Federal Register, Volume 82 Issue 98 (Tuesday, May 23, 2017)
[Federal Register Volume 82, Number 98 (Tuesday, May 23, 2017)]
[Rules and Regulations]
[Pages 23504-23507]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10252]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9433; Directorate Identifier 2016-NM-159-AD; 
Amendment 39-18901; AD 2017-11-02]
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 MD-90-30 airplanes. This AD was prompted by a 
report of cracking in a horizontal stabilizer rear spar cap. This AD 
requires repetitive inspections for any crack in the left and right 
side horizontal stabilizer rear spar upper caps, and repair or 
replacement if necessary. We are issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective June 27, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 27, 
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-
9433.

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-
9433; 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: James Guo, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification 
Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 
562-627-5357; fax: 562-627-5210; email: [email protected].

SUPPLEMENTARY INFORMATION: 

[[Page 23505]]

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 MD-90-30 airplanes. The NPRM published in the Federal Register on 
December 5, 2016 (81 FR 87499). The NPRM was prompted by a report of 
cracking in an MD-90 horizontal stabilizer rear spar cap at station XE 
 5.931. The NPRM proposed to require repetitive open hole 
eddy current high frequency (ETHF) or surface eddy current low 
frequency (ETLF) inspections for any crack in the left and right side 
horizontal stabilizer rear spar upper caps, and repair or replacement 
if necessary. We are issuing this AD to detect and correct fatigue 
cracking of the horizontal stabilizer rear spar upper cap, which could 
adversely affect the structural integrity of the airplane.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM and 
the FAA's response to each comment.

Support for the NPRM

    Boeing stated that it supports the NPRM.

Request To Allow Installation of a Serviceable Spare as a Corrective 
Action

    Delta Airlines requested that we allow installation of a qualified 
serviceable spare horizontal stabilizer as a corrective action in lieu 
of repairing or replacing the horizontal stabilizer. Delta noted that 
this type of corrective action has been approved as an alternative 
method of compliance (AMOC) for other ADs affecting the horizontal 
stabilizer.
    We disagree with the request. While an AMOC has been previously 
granted to allow applicants to replace an unserviceable stabilizer with 
a serviceable stabilizer, each such AMOC approval required the 
applicant to demonstrate that they had a sufficient program in place to 
trace, document, inspect, and install the serviceable horizontal 
stabilizers. The details of such a program cannot be prescribed and 
documented within an AD. However, we will consider requests for 
approval of an AMOC under the provisions of paragraph (j) of this AD.

Explanation of Change to NPRM

    We revised paragraph (g) of the proposed AD to refer to the 
compliance times of both table 1 and table 2 of paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin MD90-55A018, dated 
June 29, 2016. The reference to table 2 had been inadvertently omitted 
from the proposed AD. Table 2 specifies the same compliance times as 
table 1, but table 2 applies to the right side horizontal rear spar 
upper cap, while table 1 applies to the left side.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the change described previously, and 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.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin MD90-55A018, dated June 
29, 2016. The service information describes procedures for repetitive 
open hole ETHF or surface ETLF inspections for any crack in the left 
and right side horizontal stabilizer rear spar upper caps common to the 
elevator hinge fitting at station XE =  5.931, and repair 
or replacement. 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 105 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
             Action                     Labor cost          Parts cost     Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection.....................  8 work-hours x $85 per               $0  $680 per            $71,400 per
                                  hour = $680 per                          inspection cycle.   inspection cycle.
                                  inspection cycle.
----------------------------------------------------------------------------------------------------------------

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

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Upper cap splice repair or replacement (each    368 work-hours x $85 per hour =          $64,306         $95,586
 side).                                          $31,280.
----------------------------------------------------------------------------------------------------------------

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

[[Page 23506]]

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):

2017-11-02 The Boeing Company: Amendment 39-18901; Docket No. FAA-
2016-9433; Directorate Identifier 2016-NM-159-AD.

(a) Effective Date

    This AD is effective June 27, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model MD-90-30 
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 cracking in a horizontal 
stabilizer rear spar cap at station XE =  5.931. We are 
issuing this AD to detect and correct fatigue cracking of the 
horizontal stabilizer rear spar upper cap, which 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 Open Hole Eddy Current High Frequency or Surface Eddy 
Current Low Frequency Inspections

    Except as required by paragraph (i) of this AD, at the 
applicable times specified in table 1 or table 2 of paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin MD90-55A018, dated 
June 29, 2016: Do either an open hole eddy current high frequency 
(ETHF) or a surface eddy current low frequency (ETLF) inspection for 
any crack in the left and right side horizontal stabilizer rear spar 
upper caps common to the elevator hinge fitting at station XE = 
 5.931, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin MD90-55A018, dated 
June 29, 2016. Repeat the inspection thereafter at the time 
specified in tables 1 through 4, as applicable, of paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin MD90-55A018, dated 
June 29, 2016.

(h) Horizontal Rear Spar Upper Cap Splice Repair or Replacement

    If any crack is found during any inspection required by 
paragraph (g) of this AD, repair or replace before further flight in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin MD90-55A018, dated June 29, 2016.

(i) Service Information Exception

    Where Boeing Alert Service Bulletin MD90-55A018, dated June 29, 
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.

(j) 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 (k) of this AD. 
Information may be emailed to: 9-ANM-LAA[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) For service information that contains steps that are labeled 
as Required for Compliance (RC), the provisions of paragraphs 
(j)(4)(i) and (j)(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 substep is labeled ``RC Exempt,'' then the 
RC requirement is removed from that step or substep. An AMOC is 
required for any deviations to RC steps, including substeps and 
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining approval of an AMOC, provided the RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition.

(k) Related Information

    For more information about this AD, contact James Guo, Aerospace 
Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft 
Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 
90712-4137; phone: 562-627-5357; fax: 562-627-5210; email: 
[email protected].

(l) 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 MD90-55A018, dated June 29, 
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. You may view this referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, WA.
    (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://

[[Page 23507]]

www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on May 12, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-10252 Filed 5-22-17; 8:45 am]
BILLING CODE 4910-13-P



                                                23504               Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Rules and Regulations

                                                inspections for cracking in the front and rear          Designation Authorization (ODA) that has              ACTION:   Final rule.
                                                spar upper clevis lugs of the center section            been authorized by the Manager, Los Angeles
                                                or front and rear spar upper lugs of the                ACO, to make those findings. To be                    SUMMARY:    We are adopting a new
                                                horizontal stabilizer, as applicable, and do all        approved, the repair method, modification             airworthiness directive (AD) for all The
                                                applicable related investigative and                    deviation, or alteration deviation must meet          Boeing Company Model MD–90–30
                                                corrective actions, in accordance with the              the certification basis of the airplane and the       airplanes. This AD was prompted by a
                                                Accomplishment Instructions of Boeing Alert             approval must specifically refer to this AD.
                                                                                                                                                              report of cracking in a horizontal
                                                Service Bulletin 737–55A1033, Revision 2,
                                                                                                        (s) Related Information                               stabilizer rear spar cap. This AD
                                                dated August 7, 2015; except as specified in
                                                paragraph (p) of this AD. Do all related                   For more information about this AD,                requires repetitive inspections for any
                                                investigative and corrective actions before             contact George Garrido, Aerospace Engineer,           crack in the left and right side
                                                further flight. Repeat the inspections                  Airframe Branch, ANM–120L, FAA, Los                   horizontal stabilizer rear spar upper
                                                thereafter at the applicable times specified in         Angeles Aircraft Certification Office (ACO),          caps, and repair or replacement if
                                                table 8 of paragraph 1.E., ‘‘Compliance,’’ of           3960 Paramount Boulevard, Lakewood, CA
                                                                                                                                                              necessary. We are issuing this AD to
                                                Boeing Alert Service Bulletin 737–55A1033,              90712–4137; phone: 562–627–5232; fax: 562–
                                                                                                        627–5210; email: George.Garrido@faa.gov.              address the unsafe condition on these
                                                Revision 2, dated August 7, 2015.
                                                                                                                                                              products.
                                                (o) Exceptions to the Service Information:              (t) Material Incorporated by Reference
                                                                                                                                                              DATES: This AD is effective June 27,
                                                Compliance Times                                           (1) The Director of the Federal Register
                                                                                                                                                              2017.
                                                  Where Boeing Alert Service Bulletin 737–              approved the incorporation by reference
                                                                                                        (IBR) of the service information listed in this
                                                                                                                                                                 The Director of the Federal Register
                                                55A1033, Revision 2, dated August 7, 2015,                                                                    approved the incorporation by reference
                                                specifies a compliance time ‘‘after the                 paragraph under 5 U.S.C. 552(a) and 1 CFR
                                                Revision 2 date of this service bulletin,’’ this        part 51.                                              of a certain publication listed in this AD
                                                AD requires compliance within the specified                (2) You must use this service information          as of June 27, 2017.
                                                compliance time after the effective date of             as applicable to do the actions required by           ADDRESSES: For service information
                                                this AD.                                                this AD, unless the AD specifies otherwise.           identified in this final rule, contact
                                                                                                           (i) Boeing Alert Service Bulletin 737–
                                                (p) Exception to the Service Information:                                                                     Boeing Commercial Airplanes,
                                                                                                        55A1033, Revision 2, dated August 7, 2015.
                                                Repair Compliance Method                                   (ii) Reserved.                                     Attention: Contractual & Data Services
                                                                                                           (3) For Boeing service information                 (C&DS), 2600 Westminster Blvd., MC
                                                  If any cracking of the lug is found during
                                                any inspection required by this AD, and                 identified in this AD, contact Boeing                 110–SK57, Seal Beach, CA 90740–5600;
                                                Boeing Alert Service Bulletin 737–55A1033,              Commercial Airplanes, Attention:                      telephone 562–797–1717; Internet
                                                Revision 2, dated August 7, 2015, specifies to          Contractual & Data Services (C&DS), 2600              https://www.myboeingfleet.com. You
                                                contact Boeing for appropriate action: Before           Westminster Blvd., MC 110–SK57, Seal                  may view this referenced service
                                                further flight, repair the lug using a method           Beach, CA 90740–5600; telephone 562–797–              information at the FAA, Transport
                                                approved in accordance with the procedures              1717; Internet https://                               Airplane Directorate, 1601 Lind Avenue
                                                specified in paragraph (r) of this AD.                  www.myboeingfleet.com.
                                                                                                           (4) You may view this service information          SW., Renton, WA. For information on
                                                (q) Terminating Actions                                 at the FAA, Transport Airplane Directorate,           the availability of this material at the
                                                  (1) For Model 737–100, –200, and –200C                1601 Lind Avenue SW., Renton, WA. For                 FAA, call 425–227–1221. It is also
                                                series airplanes: Accomplishment of the                 information on the availability of this               available on the Internet at http://
                                                initial inspections specified in paragraph (g)          material at the FAA, call 425–227–1221.               www.regulations.gov by searching for
                                                of this AD terminates all requirements of AD               (5) You may view this service information          and locating Docket No. FAA–2016–
                                                84–23–05, Amendment 39–4949 (Docket No.                 that is incorporated by reference at the              9433.
                                                84–NM–37–AD; 49 FR 45744, November 20,                  National Archives and Records
                                                1984).                                                  Administration (NARA). For information on             Examining the AD Docket
                                                  (2) For Model 737–200 and –200C series                the availability of this material at NARA, call
                                                                                                        202–741–6030, or go to: http://
                                                                                                                                                                You may examine the AD docket on
                                                airplanes: Accomplishment of the initial
                                                inspections specified in paragraph (m) and              www.archives.gov/federal-register/cfr/ibr-            the Internet at http://
                                                (n) of this AD terminates all requirements of           locations.html.                                       www.regulations.gov by searching for
                                                AD 86–12–05, Amendment 39–5321 (Docket                                                                        and locating Docket No. FAA–2016–
                                                                                                          Issued in Renton, Washington, on May 12,
                                                No. 85–NM–162–AD; 51 FR 18771, May 22,                  2017.
                                                                                                                                                              9433; or in person at the Docket
                                                1986).                                                                                                        Management Facility between 9 a.m.
                                                                                                        Michael Kaszycki,
                                                (r) Alternative Methods of Compliance                                                                         and 5 p.m., Monday through Friday,
                                                                                                        Acting Manager, Transport Airplane
                                                (AMOCs)                                                                                                       except Federal holidays. The AD docket
                                                                                                        Directorate, Aircraft Certification Service.
                                                                                                                                                              contains this AD, the regulatory
                                                   (1) The Manager, Los Angeles Aircraft                [FR Doc. 2017–10259 Filed 5–22–17; 8:45 am]
                                                Certification Office (ACO), FAA, has the                                                                      evaluation, any comments received, and
                                                                                                        BILLING CODE 4910–13–P                                other information. The address for the
                                                authority to approve AMOCs for this AD, if
                                                requested using the procedures found in 14                                                                    Docket Office (phone: 800–647–5527) is
                                                CFR 39.19. In accordance with 14 CFR 39.19,                                                                   Docket Management Facility, U.S.
                                                send your request to your principal inspector           DEPARTMENT OF TRANSPORTATION
                                                                                                                                                              Department of Transportation, Docket
                                                or local Flight Standards District Office, as                                                                 Operations, M–30, West Building
                                                appropriate. If sending information directly            Federal Aviation Administration
                                                                                                                                                              Ground Floor, Room W12–140, 1200
                                                to the manager of the ACO, send it to the
                                                                                                        14 CFR Part 39                                        New Jersey Avenue SE., Washington,
                                                attention of the person identified in
                                                paragraph (s) of this AD.                                                                                     DC 20590.
                                                                                                        [Docket No. FAA–2016–9433; Directorate                FOR FURTHER INFORMATION CONTACT:
                                                   (2) Before using any approved AMOC,                  Identifier 2016–NM–159–AD; Amendment
                                                notify your appropriate principal inspector,            39–18901; AD 2017–11–02]                              James Guo, Aerospace Engineer,
jstallworth on DSK7TPTVN1PROD with RULES




                                                or lacking a principal inspector, the manager                                                                 Airframe Branch, ANM–120L, FAA, Los
                                                of the local flight standards district office/          RIN 2120–AA64                                         Angeles Aircraft Certification Office
                                                certificate holding district office.                                                                          (ACO), 3960 Paramount Boulevard,
                                                   (3) An AMOC that provides an acceptable              Airworthiness Directives; The Boeing
                                                level of safety may be used for any repair,
                                                                                                                                                              Lakewood, CA 90712–4137; phone:
                                                                                                        Company Airplanes                                     562–627–5357; fax: 562–627–5210;
                                                modification, or alteration required by this
                                                AD if it is approved by the Boeing                      AGENCY:Federal Aviation                               email: james.guo@faa.gov.
                                                Commercial Airplanes Organization                       Administration (FAA), DOT.                            SUPPLEMENTARY INFORMATION:



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                                                                        Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Rules and Regulations                                                  23505

                                                Discussion                                                 spare horizontal stabilizer as a                        determined that air safety and the
                                                   We issued a notice of proposed                          corrective action in lieu of repairing or               public interest require adopting this AD
                                                rulemaking (NPRM) to amend 14 CFR                          replacing the horizontal stabilizer. Delta              with the change described previously,
                                                part 39 by adding an AD that would                         noted that this type of corrective action               and minor editorial changes. We have
                                                apply to all The Boeing Company Model                      has been approved as an alternative                     determined that these minor changes:
                                                MD–90–30 airplanes. The NPRM                               method of compliance (AMOC) for other                     • Are consistent with the intent that
                                                published in the Federal Register on                       ADs affecting the horizontal stabilizer.                was proposed in the NPRM for
                                                December 5, 2016 (81 FR 87499). The                          We disagree with the request. While                   correcting the unsafe condition; and
                                                NPRM was prompted by a report of                           an AMOC has been previously granted                       • Do not add any additional burden
                                                cracking in an MD–90 horizontal                            to allow applicants to replace an                       upon the public than was already
                                                stabilizer rear spar cap at station XE ±                   unserviceable stabilizer with a                         proposed in the NPRM.
                                                5.931. The NPRM proposed to require                        serviceable stabilizer, each such AMOC
                                                                                                                                                                     We also determined that these
                                                repetitive open hole eddy current high                     approval required the applicant to
                                                                                                                                                                   changes will not increase the economic
                                                frequency (ETHF) or surface eddy                           demonstrate that they had a sufficient
                                                                                                                                                                   burden on any operator or increase the
                                                current low frequency (ETLF)                               program in place to trace, document,
                                                                                                                                                                   scope of this AD.
                                                inspections for any crack in the left and                  inspect, and install the serviceable
                                                right side horizontal stabilizer rear spar                 horizontal stabilizers. The details of                  Related Service Information Under 1
                                                upper caps, and repair or replacement if                   such a program cannot be prescribed                     CFR Part 51
                                                necessary. We are issuing this AD to                       and documented within an AD.
                                                                                                           However, we will consider requests for                     We reviewed Boeing Alert Service
                                                detect and correct fatigue cracking of the                                                                         Bulletin MD90–55A018, dated June 29,
                                                horizontal stabilizer rear spar upper cap,                 approval of an AMOC under the
                                                                                                           provisions of paragraph (j) of this AD.                 2016. The service information describes
                                                which could adversely affect the                                                                                   procedures for repetitive open hole
                                                structural integrity of the airplane.                      Explanation of Change to NPRM                           ETHF or surface ETLF inspections for
                                                Comments                                                     We revised paragraph (g) of the                       any crack in the left and right side
                                                                                                           proposed AD to refer to the compliance                  horizontal stabilizer rear spar upper
                                                  We gave the public the opportunity to
                                                                                                           times of both table 1 and table 2 of                    caps common to the elevator hinge
                                                participate in developing this AD. The
                                                                                                           paragraph 1.E., ‘‘Compliance,’’ of Boeing               fitting at station XE = ± 5.931, and repair
                                                following presents the comments
                                                                                                           Alert Service Bulletin MD90–55A018,                     or replacement. This service
                                                received on the NPRM and the FAA’s
                                                                                                           dated June 29, 2016. The reference to                   information is reasonably available
                                                response to each comment.
                                                                                                           table 2 had been inadvertently omitted                  because the interested parties have
                                                Support for the NPRM                                       from the proposed AD. Table 2 specifies                 access to it through their normal course
                                                  Boeing stated that it supports the                       the same compliance times as table 1,                   of business or by the means identified
                                                NPRM.                                                      but table 2 applies to the right side                   in the ADDRESSES section.
                                                                                                           horizontal rear spar upper cap, while                   Costs of Compliance
                                                Request To Allow Installation of a
                                                                                                           table 1 applies to the left side.
                                                Serviceable Spare as a Corrective                                                                                    We estimate that this AD affects 105
                                                Action                                                     Conclusion                                              airplanes of U.S. registry. We estimate
                                                  Delta Airlines requested that we allow                     We reviewed the relevant data,                        the following costs to comply with this
                                                installation of a qualified serviceable                    considered the comments received, and                   AD:

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

                                                Inspection ......................   8 work-hours × $85 per hour = $680 per in-                             $0   $680 per inspection        $71,400 per inspection
                                                                                      spection cycle.                                                             cycle.                     cycle.



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

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

                                                Upper cap splice repair or replacement (each side) ....             368 work-hours × $85 per hour = $31,280 ..................            $64,306           $95,586



                                                Authority for This Rulemaking                              detail the scope of the Agency’s                        air commerce by prescribing regulations
                                                                                                           authority.                                              for practices, methods, and procedures
jstallworth on DSK7TPTVN1PROD with RULES




                                                  Title 49 of the United States Code                                                                               the Administrator finds necessary for
                                                specifies the FAA’s authority to issue                        We are issuing this rulemaking under
                                                                                                           the authority described in Subtitle VII,                safety in air commerce. This regulation
                                                rules on aviation safety. Subtitle I,                                                                              is within the scope of that authority
                                                section 106, describes the authority of                    Part A, Subpart III, Section 44701:
                                                                                                           ‘‘General requirements.’’ Under that                    because it addresses an unsafe condition
                                                the FAA Administrator. Subtitle VII:                                                                               that is likely to exist or develop on
                                                Aviation Programs, describes in more                       section, Congress charges the FAA with
                                                                                                           promoting safe flight of civil aircraft in


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                                                23506               Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Rules and Regulations

                                                products identified in this rulemaking                  (e) Unsafe Condition                                  modification, or alteration required by this
                                                action.                                                    This AD was prompted by a report of                AD if it is approved by the Boeing
                                                                                                        cracking in a horizontal stabilizer rear spar         Commercial Airplanes Organization
                                                Regulatory Findings                                     cap at station XE = ± 5.931. We are issuing           Designation Authorization (ODA) that has
                                                                                                        this AD to detect and correct fatigue cracking        been authorized by the Manager, Los Angeles
                                                  This AD will not have federalism                                                                            ACO, to make those findings. To be
                                                                                                        of the horizontal stabilizer rear spar upper
                                                implications under Executive Order                      cap, which could adversely affect the                 approved, the repair method, modification
                                                13132. This AD will not have a                          structural integrity of the airplane.                 deviation, or alteration deviation must meet
                                                substantial direct effect on the States, on                                                                   the certification basis of the airplane, and the
                                                the relationship between the national                   (f) Compliance                                        approval must specifically refer to this AD.
                                                government and the States, or on the                       Comply with this AD within the                        (4) For service information that contains
                                                distribution of power and                               compliance times specified, unless already            steps that are labeled as Required for
                                                responsibilities among the various                      done.                                                 Compliance (RC), the provisions of
                                                                                                                                                              paragraphs (j)(4)(i) and (j)(4)(ii) of this AD
                                                levels of government.                                   (g) Repetitive Open Hole Eddy Current High
                                                                                                                                                              apply.
                                                  For the reasons discussed above, I                    Frequency or Surface Eddy Current Low
                                                                                                                                                                 (i) The steps labeled as RC, including
                                                certify that this AD:                                   Frequency Inspections
                                                                                                                                                              substeps under an RC step and any figures
                                                  (1) Is not a ‘‘significant regulatory                    Except as required by paragraph (i) of this        identified in an RC step, must be done to
                                                                                                        AD, at the applicable times specified in table        comply with the AD. If a step or substep is
                                                action’’ under Executive Order 12866,
                                                                                                        1 or table 2 of paragraph 1.E., ‘‘Compliance,’’       labeled ‘‘RC Exempt,’’ then the RC
                                                  (2) Is not a ‘‘significant rule’’ under               of Boeing Alert Service Bulletin MD90–                requirement is removed from that step or
                                                DOT Regulatory Policies and Procedures                  55A018, dated June 29, 2016: Do either an             substep. An AMOC is required for any
                                                (44 FR 11034, February 26, 1979),                       open hole eddy current high frequency                 deviations to RC steps, including substeps
                                                  (3) Will not affect intrastate aviation               (ETHF) or a surface eddy current low                  and identified figures.
                                                                                                        frequency (ETLF) inspection for any crack in             (ii) Steps not labeled as RC may be
                                                in Alaska, and                                          the left and right side horizontal stabilizer         deviated from using accepted methods in
                                                  (4) Will not have a significant                       rear spar upper caps common to the elevator           accordance with the operator’s maintenance
                                                economic impact, positive or negative,                  hinge fitting at station XE = ± 5.931, in             or inspection program without obtaining
                                                on a substantial number of small entities               accordance with the Accomplishment                    approval of an AMOC, provided the RC steps,
                                                under the criteria of the Regulatory                    Instructions of Boeing Alert Service Bulletin         including substeps and identified figures, can
                                                Flexibility Act.                                        MD90–55A018, dated June 29, 2016. Repeat              still be done as specified, and the airplane
                                                                                                        the inspection thereafter at the time specified       can be put back in an airworthy condition.
                                                List of Subjects in 14 CFR Part 39                      in tables 1 through 4, as applicable, of
                                                                                                        paragraph 1.E., ‘‘Compliance,’’ of Boeing             (k) Related Information
                                                  Air transportation, Aircraft, Aviation                Alert Service Bulletin MD90–55A018, dated               For more information about this AD,
                                                safety, Incorporation by reference,                     June 29, 2016.                                        contact James Guo, Aerospace Engineer,
                                                Safety.                                                                                                       Airframe Branch, ANM–120L, FAA, Los
                                                                                                        (h) Horizontal Rear Spar Upper Cap Splice
                                                Adoption of the Amendment                               Repair or Replacement                                 Angeles Aircraft Certification Office (ACO),
                                                                                                                                                              3960 Paramount Boulevard, Lakewood, CA
                                                                                                          If any crack is found during any inspection
                                                  Accordingly, under the authority                      required by paragraph (g) of this AD, repair
                                                                                                                                                              90712–4137; phone: 562–627–5357; fax: 562–
                                                delegated to me by the Administrator,                                                                         627–5210; email: james.guo@faa.gov.
                                                                                                        or replace before further flight in accordance
                                                the FAA amends 14 CFR part 39 as                        with the Accomplishment Instructions of               (l) Material Incorporated by Reference
                                                follows:                                                Boeing Alert Service Bulletin MD90–55A018,               (1) The Director of the Federal Register
                                                                                                        dated June 29, 2016.                                  approved the incorporation by reference
                                                PART 39—AIRWORTHINESS
                                                                                                        (i) Service Information Exception                     (IBR) of the service information listed in this
                                                DIRECTIVES                                                                                                    paragraph under 5 U.S.C. 552(a) and 1 CFR
                                                                                                           Where Boeing Alert Service Bulletin
                                                                                                        MD90–55A018, dated June 29, 2016,                     part 51.
                                                ■ 1. The authority citation for part 39                                                                          (2) You must use this service information
                                                                                                        specifies a compliance time ‘‘after the
                                                continues to read as follows:                                                                                 as applicable to do the actions required by
                                                                                                        original issue date of this service bulletin,’’
                                                    Authority: 49 U.S.C. 106(g), 40113, 44701.          this AD requires compliance within the                this AD, unless the AD specifies otherwise.
                                                                                                        specified compliance time after the effective            (i) Boeing Alert Service Bulletin MD90–
                                                § 39.13   [Amended]                                     date of this AD.                                      55A018, dated June 29, 2016.
                                                                                                                                                                 (ii) Reserved.
                                                ■ 2. The FAA amends § 39.13 by adding                   (j) Alternative Methods of Compliance                    (3) For Boeing service information
                                                the following new airworthiness                         (AMOCs)                                               identified in this AD, contact Boeing
                                                directive (AD):                                            (1) The Manager, Los Angeles Aircraft              Commercial Airplanes, Attention:
                                                                                                        Certification Office (ACO), FAA, has the              Contractual & Data Services (C&DS), 2600
                                                2017–11–02 The Boeing Company:
                                                                                                        authority to approve AMOCs for this AD, if            Westminster Blvd., MC 110–SK57, Seal
                                                    Amendment 39–18901; Docket No.
                                                                                                        requested using the procedures found in 14            Beach, CA 90740–5600; telephone 562–797–
                                                    FAA–2016–9433; Directorate Identifier
                                                                                                        CFR 39.19. In accordance with 14 CFR 39.19,           1717; Internet https://
                                                    2016–NM–159–AD.
                                                                                                        send your request to your principal inspector         www.myboeingfleet.com. You may view this
                                                (a) Effective Date                                      or local Flight Standards District Office, as         referenced service information at the FAA,
                                                  This AD is effective June 27, 2017.                   appropriate. If sending information directly          Transport Airplane Directorate, 1601 Lind
                                                                                                        to the manager of the ACO, send it to the             Avenue SW., Renton, WA.
                                                (b) Affected ADs                                        attention of the person identified in                    (4) You may view this service information
                                                  None.                                                 paragraph (k) of this AD. Information may be          at the FAA, Transport Airplane Directorate,
                                                                                                        emailed to: 9-ANM-LAACO-AMOC-                         1601 Lind Avenue SW., Renton, WA. For
                                                (c) Applicability
jstallworth on DSK7TPTVN1PROD with RULES




                                                                                                        Requests@faa.gov.                                     information on the availability of this
                                                   This AD applies to all The Boeing                       (2) Before using any approved AMOC,                material at the FAA, call 425–227–1221.
                                                Company Model MD–90–30 airplanes,                       notify your appropriate principal inspector,             (5) You may view this service information
                                                certificated in any category.                           or lacking a principal inspector, the manager         that is incorporated by reference at the
                                                                                                        of the local flight standards district office/        National Archives and Records
                                                (d) Subject                                             certificate holding district office.                  Administration (NARA). For information on
                                                  Air Transport Association (ATA) of                       (3) An AMOC that provides an acceptable            the availability of this material at NARA, call
                                                America Code 55, Stabilizers.                           level of safety may be used for any repair,           202–741–6030, or go to: http://



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                                                                    Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Rules and Regulations                                          23507

                                                www.archives.gov/federal-register/cfr/ibr-              Examining the AD Docket                               Effect of Winglets on Accomplishment
                                                locations.html.                                                                                               of the Proposed Actions
                                                  Issued in Renton, Washington, on May 12,                You may examine the AD docket on
                                                                                                        the Internet at http://                                 Aviation Partners Boeing stated that
                                                2017.                                                                                                         installation of winglets, as provided in
                                                Michael Kaszycki,                                       www.regulations.gov by searching for
                                                                                                        and locating Docket No. FAA–2016–                     Supplemental Type Certificate (STC)
                                                Acting Manager, Transport Airplane                                                                            ST00830SE, does not affect the ability to
                                                Directorate, Aircraft Certification Service.            9434; or in person at the Docket
                                                                                                                                                              accomplish the actions proposed in the
                                                [FR Doc. 2017–10252 Filed 5–22–17; 8:45 am]             Management Facility between 9 a.m.
                                                                                                                                                              NPRM.
                                                                                                        and 5 p.m., Monday through Friday,
                                                BILLING CODE 4910–13–P                                                                                          We agree with the commenter. We
                                                                                                        except Federal holidays. The AD docket
                                                                                                                                                              have redesignated paragraph (c) of the
                                                                                                        contains this AD, the regulatory                      proposed AD as paragraph (c)(1) of this
                                                DEPARTMENT OF TRANSPORTATION                            evaluation, any comments received, and                AD and added paragraph (c)(2) to this
                                                                                                        other information. The address for the                AD to state that installation of STC
                                                Federal Aviation Administration                         Docket Office (phone: 800–647–5527) is                ST00830SE does not affect the ability to
                                                                                                        Docket Management Facility, U.S.                      accomplish the actions required by this
                                                14 CFR Part 39                                          Department of Transportation, Docket                  AD. Therefore, for airplanes on which
                                                [Docket No. FAA–2016–9434; Directorate                  Operations, M–30, West Building                       STC ST00830SE is installed, a ‘‘change
                                                Identifier 2016–NM–136–AD; Amendment                    Ground Floor, Room W12–140, 1200                      in product’’ alternative method of
                                                39–18896; AD 2017–10–22]                                New Jersey Avenue SE., Washington,                    compliance (AMOC) approval request is
                                                RIN 2120–AA64                                           DC 20590.                                             not necessary to comply with the
                                                                                                        FOR FURTHER INFORMATION CONTACT:                      requirements of 14 CFR 39.17.
                                                Airworthiness Directives; The Boeing                    Alan Pohl, Aerospace Engineer,                        Request To Omit Inspections of Existing
                                                Company Airplanes                                       Airframe Branch, ANM–120S, FAA,                       Repairs
                                                AGENCY:  Federal Aviation                               Seattle Aircraft Certification Office
                                                                                                                                                                 Southwest Airlines (SWA) asked that
                                                Administration (FAA), DOT.                              (ACO), 1601 Lind Avenue SW., Renton,                  we include provisions for airplanes on
                                                ACTION: Final rule.                                     WA 98057–3356; phone: 425–917–6450;                   which repairs have been accomplished
                                                                                                        fax: 425–917–6590; email: alan.pohl@                  previously per the structural repair
                                                SUMMARY:   We are adopting a new                        faa.gov.                                              manual or per an Organization
                                                airworthiness directive (AD) for certain
                                                                                                        SUPPLEMENTARY INFORMATION:
                                                                                                                                                              Designation Authorization (ODA) signed
                                                The Boeing Company Model 737–600,
                                                                                                                                                              FAA Form 8100–9 to omit the
                                                –700, –700C, –800, and –900 series
                                                                                                        Discussion                                            inspections at the repair locations. SWA
                                                airplanes. This AD was prompted by an
                                                                                                                                                              noted that these existing repairs would
                                                evaluation by the design approval                          We issued a notice of proposed                     inhibit the inspections specified in
                                                holder (DAH) indicating that the web                    rulemaking (NPRM) to amend 14 CFR                     paragraph (g) of the proposed AD. SWA
                                                lap splices in the aft pressure bulkhead                part 39 by adding an AD that would                    added that including follow-on actions
                                                are subject to widespread fatigue                       apply to certain The Boeing Company                   as an alternative to the actions specified
                                                damage (WFD). This AD requires                          Model 737–600, –700, –700C, –800, and                 in Boeing Alert Service Bulletin 737–
                                                repetitive inspections of the web lap                   –900 series airplanes. The NPRM                       53A1353, dated July 21, 2016, when an
                                                splices in the aft pressure bulkhead for                published in the Federal Register on                  existing repair inhibits the inspections
                                                cracking of the fastener holes, and repair              December 5, 2016 (81 FR 87496) (‘‘the                 required by paragraph (g) of the
                                                if necessary. We are issuing this AD to
                                                                                                        NPRM’’). The NPRM was prompted by                     proposed AD, would also be acceptable.
                                                address the unsafe condition on these
                                                                                                        an evaluation by the DAH indicating                      We do not agree with the commenter’s
                                                products.
                                                                                                        that the web lap splices in the aft                   request. We acknowledge that SWA is
                                                DATES: This AD is effective June 27,                    pressure bulkhead are subject to WFD.                 requesting relief from additional
                                                2017.                                                   The NPRM proposed to require                          approval for actions for existing
                                                   The Director of the Federal Register                 repetitive inspections of the web lap                 repaired locations. However, SWA did
                                                approved the incorporation by reference                 splices in the aft pressure bulkhead for              not identify any specific structural
                                                of a certain publication listed in this AD              cracking of the fastener holes, and repair            repair manual (SRM) repairs or provide
                                                as of June 27, 2017.                                    if necessary. We are issuing this AD to               a general repair description of repairs
                                                ADDRESSES: For service information                      detect and correct cracks of the web lap              previously approved by the Boeing ODA
                                                identified in this final rule, contact                  splices in the aft pressure bulkhead,                 per an FAA Form 8100–9. These criteria
                                                Boeing Commercial Airplanes,                            which could result in possible rapid                  have been published by Boeing in
                                                Attention: Contractual & Data Services                  decompression and loss of structural                  related service information for similar
                                                (C&DS), 2600 Westminster Blvd., MC                      integrity of the airplane.                            issues, but not for this particular issue.
                                                110–SK57, Seal Beach, CA 90740;                                                                               Under the provisions of paragraph (i) of
                                                telephone: 562–797–1717; Internet:                      Comments                                              this AD, we will consider requests for
                                                https://www.myboeingfleet.com. You                                                                            approval of an AMOC if appropriate
                                                may view this referenced service                          We gave the public the opportunity to
                                                                                                                                                              data are submitted to substantiate that
                                                information at the FAA, Transport                       participate in developing this AD. The
                                                                                                                                                              the method would provide an
                                                Airplane Directorate, 1601 Lind Avenue                  following presents the comments
                                                                                                                                                              acceptable level of safety. We have
jstallworth on DSK7TPTVN1PROD with RULES




                                                SW., Renton, WA. For information on                     received on the NPRM and the FAA’s
                                                                                                                                                              made no change to this AD in this
                                                the availability of this material at the                response to each comment.                             regard.
                                                FAA, call 425–227–1221. It is also                      Support for the NPRM
                                                available on the Internet at http://                                                                          Conclusion
                                                www.regulations.gov by searching for                      Boeing, United Airlines, and                          We reviewed the relevant data,
                                                and locating Docket No. FAA–2016–                       commenter Razia Khan concurred with                   considered the comments received, and
                                                9434.                                                   the content of the NPRM.                              determined that air safety and the


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Document Created: 2017-05-23 02:14:24
Document Modified: 2017-05-23 02:14:24
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 June 27, 2017.
ContactJames Guo, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5357; fax: 562-627-5210; email: [email protected]
FR Citation82 FR 23504 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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