82 FR 41160 - Airworthiness Directives; The Boeing Company Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 167 (August 30, 2017)

Page Range		41160-41163
FR Document		2017-18165
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 reports of cracking of various structures in the bulkhead. This AD requires an inspection for cracking in these structures, and corrective actions if necessary. We are issuing this AD to address the unsafe condition on these products.
Federal Register, Volume 82 Issue 167 (Wednesday, August 30, 2017)
[Federal Register Volume 82, Number 167 (Wednesday, August 30, 2017)]
[Rules and Regulations]
[Pages 41160-41163]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18165]


=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0503; Product Identifier 2017-NM-032-AD; Amendment 
39-19009; AD 2017-17-19]
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-

[[Page 41161]]

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 reports of cracking 
of various structures in the bulkhead. This AD requires an inspection 
for cracking in these structures, and corrective actions if necessary. 
We are issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective October 4, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 4, 
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 service information at the 
FAA, Transport Standards Branch, 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-2017-
0509.

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-2017-
0503; 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 final rule, 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: George Garrido, Aerospace Engineer, 
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount 
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5232; 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 June 2, 2017 (82 FR 25547). The NPRM was prompted 
by reports of cracking of various structures in the bulkhead. The NPRM 
proposed to require an inspection for cracking in these structures, and 
corrective actions if necessary. We are issuing this AD to detect and 
correct cracking at the cant station 1463 bulkhead and cant station 
1254 bulkhead, which could result in reduced structural integrity of 
the airplane.

Comments

    We gave the public the opportunity to participate in developing 
this final rule. 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 appreciates the credit for actions done prior 
to the effective date of the AD specified in paragraph (i) of the 
proposed AD.

Request To Clarify Location of Crack Findings

    Boeing requested that we revise the Discussion section to add the 
vertical stabilizer location in the sentence ``The cracks were in the 
upper left area of the bulkhead, between longerons L-2 and L-3, in the 
frame web, horizontal stiffeners, lower frame cap, [vertical 
stabilizer] rear spar cap, and spar cap web.''
    We partially agree with Boeing's request. The added wording does 
accurately indicate the cracking location. However, this description is 
not repeated in this final rule. Therefore, no change is needed in this 
regard.

Requests To Revise Inspection Locations for Affected Airplanes

    Boeing and Delta Airlines (DAL) requested that we revise paragraph 
(g) of the proposed AD to include Model MD-88 airplanes in the cant 
station 1463 bulkhead group instead of the cant station 1254 bulkhead 
group. The commenters explained that Model MD-88 airplanes share the 
same fuselage length (and hence, station numbers) as Model DC-9-81, DC-
9-82, and DC-9-83 airplanes. The commenters also request that, with the 
requested change to paragraph (g) of the proposed AD, we remove 
paragraph (h)(1) of the proposed AD since there would be no need for 
that exception to the service information.
    We agree with the commenters' requests. The cant station 1463 
bulkhead is correct for Model MD-88 airplanes. This group revision does 
not change the overall scope of the actions required for Model MD-88 
airplanes. We agree that the service information exception in paragraph 
(h)(1) of the proposed AD is no longer needed. We have revised the 
Model MD-88 grouping in paragraph (g) of this AD, removed paragraph 
(h)(1) of the proposed AD, and redesignated paragraph (h)(2) of the 
proposed AD as paragraph (h) in this AD.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this final rule with the changes 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 final 
rule.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin MD80-53A316, dated 
December 15, 2016. The service information describes procedures for a 
detailed inspection on the left and right sides of the forward and aft 
surfaces of cant station 1463 bulkhead and cant station 1254 bulkhead 
for cracking in the upper caps, upper cap doublers, bulkhead webs and 
doublers, stiffeners, lower caps, and vertical stabilizer rear spar 
caps and webs, between longerons L-11L through L-11R, 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 will affect 361 airplanes of U.S. 
registry. We estimate the following costs to comply with this AD:

[[Page 41162]]



                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection.........................  3 work-hours x $85 per hour              $0            $255         $92,055
                                      = $255.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes to 
the Director of the System Oversight Division.

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):

2017-17-19 The Boeing Company: Amendment 39-19009; Docket No. FAA-
2017-0503; Product Identifier 2017-NM-032-AD.

(a) Effective Date

    This AD is effective October 4, 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 53; Fuselage.

(e) Unsafe Condition

    This AD was prompted by reports of cracking of various 
structures at the cant station 1463 bulkhead and at the cant station 
1254 bulkhead. We are issuing this AD to detect and correct cracking 
at the cant station 1463 bulkhead and cant station 1254 bulkhead, 
which could result in reduced structural integrity of the airplane.

(f) Compliance

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

(g) Inspection and Corrective Action

    Within 700 flight cycles or 6 months after the effective date of 
this AD, whichever occurs first, do a detailed inspection for 
cracking on the left and right sides of the forward and aft surfaces 
of the cant station 1463 bulkhead (for Model DC-9-81 (MD-81), DC-9-
82 (MD-82), and DC-9-83 (MD-83) airplanes, and Model MD-88 
airplanes) and cant station 1254 bulkhead (for Model DC-9-87 (MD-87) 
airplanes); and do all applicable corrective actions; in accordance 
with the Accomplishment Instructions of Boeing Alert Service 
Bulletin MD80-53A316, dated December 15, 2016, except as required in 
paragraph (h) of this AD. Do all applicable corrective actions 
before further flight.

(h) Exception to Service Information

    Where Boeing Alert Service Bulletin MD80-53A316, dated December 
15, 2016, specifies to contact Boeing for appropriate action and 
specifies that action as ``RC'' (Required for Compliance): Before 
further flight, repair the cracking using a method approved in 
accordance with the procedures specified in paragraph (k) of this 
AD.

(i) Credit for Previous Actions

    This paragraph provides credit for the actions specified in 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using Boeing Multi Operator Message MOM-
MOM-16-0684-01B, dated October 7, 2016.

(j) Special Flight Permit

    Special flight permits, as described in Section 21.197 and 
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197 
and 21.199), may be issued to operate the airplane to a location 
where the requirements of this AD can be accomplished, but 
concurrence by the Manager, Los Angeles ACO Branch, FAA, is required 
before issuance of the special flight permit.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO Branch, FAA, has the authority 
to approve AMOCs for this AD, if requested using the procedures 
found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your 
request to your principal inspector or local Flight Standards 
District Office, as appropriate. If sending information directly to 
the manager of the certification office, send it to the attention of 
the person identified in paragraph (l) of this AD. Information may 
be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector,

[[Page 41163]]

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 Branch, 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 (h) 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 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.

(l) Related Information

    (1) For more information about this AD, contact George Garrido, 
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5232; fax: 562-627-5210; email: [email protected].
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (m)(3) and (m)(4) of this AD.

(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 MD80-53A316, dated December 
15, 2016.
    (ii) Reserved.
    (3) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Contractual & Data Services 
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; Internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport 
Standards Branch, 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 August 17, 2017.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2017-18165 Filed 8-29-17; 8:45 am]
BILLING CODE 4910-13-P
41160 Federal Register / Vol. 82, No. 167 / Wednesday, August 30, 2017 / Rules and Regulations

amount for a loan amount greater than PART 1026—TRUTH IN LENDING A. For a loan amount greater than or
or equal to $105,158; $3,155 for a loan (REGULATION Z) equal to $105,158: 3 percent of the total
amount greater than or equal to $63,095 loan amount;
but less than $105,158; 5 percent of the ■ 1. The authority citation for part 1026 B. For a loan amount greater than or
total loan amount for loans greater than continues to read as follows: equal to $63,095 but less than $105,158:
or equal to $21,032 but less than Authority: 12 U.S.C. 2601, 2603–2605, $3,155;
$63,095; $1,052 for a loan amount 2607, 2609, 2617, 3353, 5511, 5512, 5532, C. For a loan amount greater than or
greater than or equal to $13,145 but less 5581; 15 U.S.C. 1601 et seq. equal to $21,032 but less than $63,095:
than $21,032; or 8 percent of the total ■ 2. In Supplement I to part 1026— 5 percent of the total loan amount;
loan amount for loans less than $13,145. Official Interpretations: D. For a loan amount greater than or
The Bureau is amending comment equal to $13,145 but less than $21,032:
■ a. Under Section 1026.32—
43(e)(3)(ii)–1, which lists the $1,052;
Requirements for High-Cost Mortgages,
adjustments for each year, to reflect the E. For a loan amount less than
under 32(a) Coverage, under Paragraph
new dollar threshold amounts for 2018. $13,145: 8 percent of the total loan
32(a)(1)(ii), paragraphs 1.iv and 3.iv are
III. Procedural Requirements added. amount.
■ b. Under Section 1026.43—Minimum * * * * *
A. Administrative Procedure Act
Standards for Transactions Secured by
Under the Administrative Procedure a Dwelling, under 43(e) Qualified Subpart G—Special Rules Applicable
Act, notice and opportunity for public mortgages, under Paragraph 43(e)(3)(ii), to Credit Card Accounts and Open-End
comment are not required if the Bureau paragraph 1.iv is added. Credit Offered to College Students
finds that notice and public comment ■ c. Under Section 1026.52— * * * * *
are impracticable, unnecessary, or Limitations on Fees, under 52(b)
contrary to the public interest. 5 U.S.C. Limitations on Penalty Fees, under Section 1026.52—Limitations on Fees
553(b)(B). Pursuant to this final rule, in 52(b)(1)(ii) Safe harbors, paragraph 2.i.E * * * * *
Regulation Z, comments 32(a)(1)(ii)–1.iv is added.
and –3.iv, 43(e)(3)(ii)–1.iv, and 52(b) Limitations on Penalty Fees
The additions read as follows:
52(b)(1)(ii)–2.i.E in supplement I are * * * * *
added to update the exemption Supplement I to Part 1026—Official
thresholds. The amendments in this Interpretations 52(b)(1)(ii) Safe harbors
final rule are technical and non- * * * * * * * * * *
discretionary, as they merely apply the 2. * * *
method previously established in Subpart E—Special Rules for Certain i. * * *
Regulation Z for determining Home Mortgage Transactions E. Card issuers were permitted to
adjustments to the thresholds. For these impose a fee for violating the terms of
reasons, the Bureau has determined that * * * * *
an agreement if the fee did not exceed
publishing a notice of proposed Section 1026.32—Requirements for $27 under § 1026.52(b)(1)(ii)(A) and $38
rulemaking and providing opportunity Certain Closed-End Home Mortgages under § 1026.52(b)(1)(ii)(B), through
for public comment are unnecessary. December 31, 2017.
The amendments therefore are adopted 32(a) Coverage
* * * * *
in final form. * * * * *
Dated: July 25, 2017.
B. Regulatory Flexibility Act Paragraph 32(a)(1)(ii).
Richard Cordray,
1. * * *
Because no notice of proposed Director, Bureau of Consumer Financial
rulemaking is required, the Regulatory iv. For 2018, $1,052, reflecting a 2.2
Protection.
Flexibility Act does not require an percent increase in the CPI–U from June
[FR Doc. 2017–18003 Filed 8–29–17; 8:45 am]
initial or final regulatory flexibility 2016 to June 2017, rounded to the
BILLING CODE 4810–AM–P
analysis. 5 U.S.C. 603(a), 604(a). nearest whole dollar.
* * * * *
C. Paperwork Reduction Act 3. * * *
In accordance with the Paperwork DEPARTMENT OF TRANSPORTATION
iv. For 2018, $21,032, reflecting a 2.2
Reduction Act of 1995 (44 U.S.C. 3506; percent increase in the CPI–U from June Federal Aviation Administration
5 CFR part 1320), the Bureau reviewed 2016 to June 2017, rounded to the
this final rule. No collections of nearest whole dollar. 14 CFR Part 39
information pursuant to the Paperwork * * * * *
Reduction Act are contained in the final [Docket No. FAA–2017–0503; Product
rule. Section 1026.43—Minimum Standards Identifier 2017–NM–032–AD; Amendment
for Transactions Secured by a Dwelling 39–19009; AD 2017–17–19]
List of Subjects in 12 CFR Part 1026
* * * * * RIN 2120–AA64
Advertising, Consumer protection,
43(e) Qualified mortgages.
Credit, Credit unions, Mortgages, Airworthiness Directives; The Boeing
National banks, Reporting and * * * * *
Paragraph 43(e)(3)(ii). Company Airplanes
recordkeeping requirements, Savings
associations, Truth in lending. 1. * * * AGENCY: Federal Aviation
iv. For 2018, reflecting a 2.2 percent Administration (FAA), DOT.
Authority and Issuance increase in the CPI–U that was reported ACTION: Final rule.
For the reasons set forth in the on the preceding June 1, a covered
preamble, the Bureau amends transaction is not a qualified mortgage SUMMARY: We are adopting a new
Regulation Z, 12 CFR part 1026, as set unless the transaction’s total points and airworthiness directive (AD) for all The
forth below: fees do not exceed: Boeing Company Model DC–9–81 (MD–

VerDate Sep<11>2014 13:47 Aug 29, 2017 Jkt 241001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\30AUR1.SGM 30AUR1
41162 Federal Register / Vol. 82, No. 167 / Wednesday, August 30, 2017 / Rules and Regulations

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

Inspection ................................ 3 work-hours × $85 per hour = $255 ..................................... $0 $255 $92,055

We have received no definitive data (3) Will not affect intrastate aviation (f) Compliance
that would enable us to provide cost in Alaska, and Comply with this AD within the
estimates for the on-condition actions (4) Will not have a significant compliance times specified, unless already
specified in this AD. done.
economic impact, positive or negative,
Authority for This Rulemaking on a substantial number of small entities (g) Inspection and Corrective Action
under the criteria of the Regulatory Within 700 flight cycles or 6 months after
Title 49 of the United States Code Flexibility Act. the effective date of this AD, whichever
specifies the FAA’s authority to issue occurs first, do a detailed inspection for
rules on aviation safety. Subtitle I, List of Subjects in 14 CFR Part 39 cracking on the left and right sides of the
section 106, describes the authority of forward and aft surfaces of the cant station
the FAA Administrator. Subtitle VII: Air transportation, Aircraft, Aviation 1463 bulkhead (for Model DC–9–81 (MD–81),
Aviation Programs, describes in more safety, Incorporation by reference, DC–9–82 (MD–82), and DC–9–83 (MD–83)
detail the scope of the Agency’s Safety. airplanes, and Model MD–88 airplanes) and
cant station 1254 bulkhead (for Model DC–
authority. Adoption of the Amendment 9–87 (MD–87) airplanes); and do all
We are issuing this rulemaking under applicable corrective actions; in accordance
the authority described in Subtitle VII, Accordingly, under the authority with the Accomplishment Instructions of
Part A, Subpart III, Section 44701: delegated to me by the Administrator, Boeing Alert Service Bulletin MD80–53A316,
‘‘General requirements.’’ Under that the FAA amends 14 CFR part 39 as dated December 15, 2016, except as required
section, Congress charges the FAA with follows: in paragraph (h) of this AD. Do all applicable
promoting safe flight of civil aircraft in corrective actions before further flight.
air commerce by prescribing regulations PART 39—AIRWORTHINESS
(h) Exception to Service Information
for practices, methods, and procedures DIRECTIVES
Where Boeing Alert Service Bulletin
the Administrator finds necessary for MD80–53A316, dated December 15, 2016,
safety in air commerce. This regulation ■ 1. The authority citation for part 39 specifies to contact Boeing for appropriate
is within the scope of that authority continues to read as follows: action and specifies that action as ‘‘RC’’
because it addresses an unsafe condition Authority: 49 U.S.C. 106(g), 40113, 44701. (Required for Compliance): Before further
that is likely to exist or develop on flight, repair the cracking using a method
products identified in this rulemaking § 39.13 [Amended] approved in accordance with the procedures
specified in paragraph (k) of this AD.
action.
■ 2. The FAA amends § 39.13 by adding (i) Credit for Previous Actions
This AD is issued in accordance with the following new airworthiness
authority delegated by the Executive directive (AD): This paragraph provides credit for the
Director, Aircraft Certification Service, actions specified in paragraph (g) of this AD,
as authorized by FAA Order 8000.51C. 2017–17–19 The Boeing Company: if those actions were performed before the
In accordance with that order, issuance Amendment 39–19009; Docket No. effective date of this AD using Boeing Multi
FAA–2017–0503; Product Identifier Operator Message MOM–MOM–16–0684–
of ADs is normally a function of the
2017–NM–032–AD. 01B, dated October 7, 2016.
Compliance and Airworthiness
Division, but during this transition (a) Effective Date (j) Special Flight Permit
period, the Executive Director has This AD is effective October 4, 2017. Special flight permits, as described in
delegated the authority to issue ADs Section 21.197 and Section 21.199 of the
applicable to transport category (b) Affected ADs Federal Aviation Regulations (14 CFR 21.197
airplanes to the Director of the System None. and 21.199), may be issued to operate the
Oversight Division. airplane to a location where the requirements
(c) Applicability of this AD can be accomplished, but
Regulatory Findings This AD applies to all The Boeing concurrence by the Manager, Los Angeles
Company Model DC–9–81 (MD–81), DC–9– ACO Branch, FAA, is required before
This AD will not have federalism issuance of the special flight permit.
82 (MD–82), DC–9–83 (MD–83), and DC–9–
implications under Executive Order 87 (MD–87) airplanes, and Model MD–88 (k) Alternative Methods of Compliance
13132. This AD will not have a airplanes, certificated in any category. (AMOCs)
substantial direct effect on the States, on
the relationship between the national (d) Subject (1) The Manager, Los Angeles ACO Branch,
FAA, has the authority to approve AMOCs
government and the States, or on the Air Transport Association (ATA) of
for this AD, if requested using the procedures
distribution of power and America Code 53; Fuselage. found in 14 CFR 39.19. In accordance with
responsibilities among the various (e) Unsafe Condition 14 CFR 39.19, send your request to your
levels of government. principal inspector or local Flight Standards
This AD was prompted by reports of
For the reasons discussed above, I District Office, as appropriate. If sending
cracking of various structures at the cant information directly to the manager of the
certify that this AD:
station 1463 bulkhead and at the cant station certification office, send it to the attention of
(1) Is not a ‘‘significant regulatory 1254 bulkhead. We are issuing this AD to the person identified in paragraph (l) of this
action’’ under Executive Order 12866, detect and correct cracking at the cant station AD. Information may be emailed to: 9-ANM-
(2) Is not a ‘‘significant rule’’ under 1463 bulkhead and cant station 1254 LAACO-AMOC-Requests@faa.gov.
DOT Regulatory Policies and Procedures bulkhead, which could result in reduced (2) Before using any approved AMOC,
(44 FR 11034, February 26, 1979), structural integrity of the airplane. notify your appropriate principal inspector,

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Federal Register / Vol. 82, No. 167 / Wednesday, August 30, 2017 / Rules and Regulations 41163

or lacking a principal inspector, the manager (5) You may view this service information certify that the product complies with
of the local flight standards district office/ that is incorporated by reference at the all applicable CPSC-enforced
certificate holding district office. National Archives and Records requirements. 15 U.S.C. 2063(a). For
(3) An AMOC that provides an acceptable Administration (NARA). For information on
level of safety may be used for any repair, the availability of this material at NARA, call children’s products, certification must
modification, or alteration required by this 202–741–6030, or go to: http:// be based on testing conducted by a
AD if it is approved by the Boeing www.archives.gov/federal-register/cfr/ibr- CPSC-accepted third party conformity
Commercial Airplanes Organization locations.html. assessment body. Id. Public Law 112–28
Designation Authorization (ODA) that has (August 12, 2011) amended the CPSA
Issued in Renton, Washington, on August
been authorized by the Manager, Los Angeles and directed the CPSC to seek comment
17, 2017.
ACO Branch, to make those findings. To be
approved, the repair method, modification Jeffrey E. Duven, on ‘‘opportunities to reduce the cost of
deviation, or alteration deviation must meet Director, System Oversight Division, Aircraft third party testing requirements
the certification basis of the airplane, and the Certification Service. consistent with assuring compliance
approval must specifically refer to this AD. [FR Doc. 2017–18165 Filed 8–29–17; 8:45 am] with any applicable consumer product
(4) Except as required by paragraph (h) of BILLING CODE 4910–13–P safety rule, ban, standard, or
this AD: For service information that regulation.’’ Public Law 112–28 also
contains steps that are labeled as Required
authorized the Commission to issue new
for Compliance (RC), the provisions of
paragraphs (k)(4)(i) and (k)(4)(ii) of this AD CONSUMER PRODUCT SAFETY or revised third party testing regulations
apply. COMMISSION if the Commission determines ‘‘that
(i) The steps labeled as RC, including such regulations will reduce third party
substeps under an RC step and any figures 16 CFR Part 1308 testing costs consistent with assuring
identified in an RC step, must be done to compliance with the applicable
[Docket No. CPSC–2016–0017]
comply with the AD. If a step or substep is consumer product safety rules, bans,
labeled ‘‘RC Exempt,’’ then the RC
Prohibition of Children’s Toys and standards, and regulations.’’ 15 U.S.C.
requirement is removed from that step or
substep. An AMOC is required for any Child Care Articles Containing 2063(d)(3)(B).
deviations to RC steps, including substeps Specified Phthalates: Determinations
Regarding Certain Plastics 2. Prohibitions in Section 108 of the
and identified figures.
(ii) Steps not labeled as RC may be CPSIA
deviated from using accepted methods in
AGENCY: U.S. Consumer Product Safety
accordance with the operator’s maintenance Commission. Section 108(a) of the CPSIA
or inspection program without obtaining ACTION: Final rule. permanently prohibits the manufacture
approval of an AMOC, provided the RC steps, for sale, offer for sale, distribution in
including substeps and identified figures, can SUMMARY: The Consumer Product Safety commerce, or importation into the
still be done as specified, and the airplane Commission (Commission, or CPSC) is United States of any ‘‘children’s toy or
can be put back in an airworthy condition. issuing a final rule that determines that child care article’’ that contains
(l) Related Information certain plastics with specified additives concentrations of more than 0.1 percent
would not contain the specified of di(2-ethylhexyl) phthalate (DEHP),
(1) For more information about this AD,
contact George Garrido, Aerospace Engineer,
phthalates prohibited in children’s toys dibutyl phthalate (DBP), or butyl benzyl
Airframe Section, FAA, Los Angeles ACO and child care articles. Based on these phthalate (BBP). 15 U.S.C. 2057c(a).
Branch, 3960 Paramount Boulevard, determinations, the specified plastics Section 108(b)(1) prohibits on an
Lakewood, CA 90712–4137; phone: 562–627– with specified additives will not require interim basis (i.e., until the Commission
5232; fax: 562–627–5210; email: third party testing for compliance with
promulgates a final rule), the
george.garrido@faa.gov. the mandatory prohibitions on
(2) Service information identified in this manufacture for sale, offer for sale,
children’s toys and child care articles
AD that is not incorporated by reference is distribution in commerce, or
containing phthalates.
available at the addresses specified in importation into the United States of
paragraphs (m)(3) and (m)(4) of this AD. DATES: The rule is effective on
‘‘any children’s toy that can be placed
September 29, 2017.
(m) Material Incorporated by Reference in a child’s mouth’’ or ‘‘child care
FOR FURTHER INFORMATION CONTACT: John article’’ containing concentrations of
(1) The Director of the Federal Register W. Boja, Lead Compliance Officer,
approved the incorporation by reference more than 0.1 percent of diisononyl
Regulatory Enforcement, Office of phthalate (DINP), diisodecyl phthalate
(IBR) of the service information listed in this
Compliance and Field Operations,
paragraph under 5 U.S.C. 552(a) and 1 CFR (DIDP), or di-n-octyl phthalate (DNOP).
part 51. Consumer Product Safety Commission,
15 U.S.C. 2057c(b)(1). Children’s toys
(2) You must use this service information 4330 East West Highway Bethesda, MD
and child care articles subject to the
as applicable to do the actions required by 20814–4408; telephone: 301–504–7300;
email: jboja@cpsc.gov. content limits in section 108 of the
this AD, unless the AD specifies otherwise.
(i) Boeing Alert Service Bulletin MD80– CPSIA require third party testing for
SUPPLEMENTARY INFORMATION:
53A316, dated December 15, 2016. compliance with the phthalate content
(ii) Reserved. A. Background limits before the manufacturer can issue
(3) For service information identified in a Children’s Product Certificate (CPC)
this AD, contact Boeing Commercial 1. Third Party Testing and Burden
Reduction and enter the children’s toys or child
Airplanes, Attention: Contractual & Data care articles into commerce.
Services (C&DS), 2600 Westminster Blvd., Section 14(a) of the Consumer
MC 110–SK57, Seal Beach, CA 90740–5600; Product Safety Act, (CPSA), as amended The CPSIA required the Commission
telephone 562–797–1717; Internet https:// by the Consumer Product Safety to appoint a Chronic Hazard Advisory
www.myboeingfleet.com. Panel (CHAP) to ‘‘study the effects on
(4) You may view this service information
Improvement Act of 2008 (CPSIA),
requires that manufacturers of products children’s health of all phthalates and
at the FAA, Transport Standards Branch,
subject to a consumer product safety phthalate alternatives as used in
1601 Lind Avenue SW., Renton, WA. For
information on the availability of this rule or similar rule, ban, standard, or children’s toys and child care articles.’’
material at the FAA, call 425–227–1221. regulation enforced by the CPSC, must 15 U.S.C. 2057c(b)(2). The CHAP issued

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Document Created: 2017-08-30 04:08:18
Document Modified: 2017-08-30 04:08:18
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This AD is effective October 4, 2017.
Contact		George Garrido, Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5232; fax: 562-627- 5210; email: [email protected]
FR Citation		82 FR 41160
RIN Number		2120-AA64
CFR Associated		Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety
82 FR 41160 - Airworthiness Directives; The Boeing Company Airplanes

DEPARTMENT OF TRANSPORTATIONFederal Aviation Administration

Federal Register Volume 82, Issue 167 (August 30, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
