68686 Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Rules and Regulations 

EMBRAER Phenom Service Bulletin 500–21– 

0001, dated December 9, 2009. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Office, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. Send information to 

ATTN: Karl Schletzbaum, Aerospace 

Engineer, FAA, Small Airplane Directorate, 

901 Locust, Room 301, Kansas City, Missouri 

64106; telephone: (816) 329–4146; fax: (816) 

329–4090. Before using any approved AMOC 

on any airplane to which the AMOC applies, 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, a Federal 

agency may not conduct or sponsor, and a 

person is not required to respond to, nor 

shall a person be subject to a penalty for 

failure to comply with a collection of 

information subject to the requirements of 

the Paperwork Reduction Act unless that 

collection of information displays a current 

valid OMB Control Number. The OMB 

Control Number for this information 

collection is 2120–0056. Public reporting for 

this collection of information is estimated to 

be approximately 5 minutes per response, 

including the time for reviewing instructions, 

completing and reviewing the collection of 

information. All responses to this collection 

of information are mandatory. Comments 

concerning the accuracy of this burden and 

suggestions for reducing the burden should 

be directed to the FAA at: 800 Independence 

Ave., SW., Washington, DC 20591, Attn: 

Information Collection Clearance Officer, 

AES–200. 

Related Information 

(h) Refer to MCAI AGEˆNCIA NACIONAL 

DE AVIAC ̧A ̃ O CIVIL—BRAZIL (ANAC) AD 

No. 2010–08–01, dated September 3, 2010; 

and EMBRAER Phenom Service Bulletin 

500–21–0001, dated December 9, 2009, for 

related information. 

Material Incorporated by Reference 

(i) You must use EMBRAER Phenom 

Service Bulletin 500–21–0001, dated 

December 9, 2009, to do the actions required 

by this AD, unless the AD specifies 

otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact EMBRAER Empresa 

Brasileira de Aerona ́utica S.A., Phenom 

Maintenance Support, Av. Brig. Farina Lima, 

2170, Sao Jose dos Campos—SP, CEP: 12227– 

901—P.O. Box: 38/2, BRASIL, telephone: 

++55 12 3927–5383; fax: ++55 12 3927–2610; 

E-mail: reliability.executive@embraer.com.br; 

Internet: http://www.embraer.com.br. 

(3) You may review copies of the 

referenced service information at the FAA, 

Small Airplane Directorate, 901 Locust, 

Kansas City, Missouri 64106. For information 

on the availability of this material at the 

FAA, call 816–329–4148. 

(4) You may also review copies of the 

service information incorporated by reference 

for this AD 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/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Kansas City, Missouri, on 

October 29, 2010. 

John Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–27974 Filed 11–8–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0705; Directorate 

Identifier 2009–NM–206–AD; Amendment 

39–16499; AD 2010–23–10] 

RIN 2120–AA64 

Airworthiness Directives; McDonnell 

Douglas Corporation Model DC–9–14, 

DC–9–15, and DC–9–15F Airplanes; 

and Model DC–9–20, DC–9–30, DC–9– 

40, and DC–9–50 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are superseding an 

existing airworthiness directive (AD) for 

the products listed above. That AD 

currently requires repetitive high 

frequency eddy current inspections to 

detect cracking in the vertical radius 

(also known as the ‘‘vertical leg’’) of the 

upper cap of the center wing rear spar, 

and repair if necessary. This new AD 

expands the area to be inspected by 

including inspections to detect cracking 

of the horizontal flange of the upper cap 

of the left and right center wing rear 

spar, and repair if necessary. This new 

AD also adds certain airplanes to the 

applicability. This AD was prompted by 

reports of cracking in the vertical radius 

of the upper cap of the center wing rear 

spar, and the horizontal flange on the 

inboard side of the of the rear spar 

upper cap, which resulted from stress 

corrosion. We are issuing this AD to 

detect and correct cracking in the 

vertical leg or the horizontal flange of 

the upper cap of the left or right center 

wing rear spar, which could cause a 

possible fuel leak, damage to the wing 

skin, and structural failure of the upper 

cap, and result in reduced structural 

integrity of the airplane. 

DATES: This AD is effective December 

14, 2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of December 14, 2010. 

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, 3855 

Lakewood Boulevard, MC D800–0019, 

Long Beach, California 90846–0001; 

telephone 206–544–5000, extension 2; 

fax 206–766–5683; e-mail 

dse.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. You 

may review copies of the referenced 

service information at the FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington. 

For information on the availability of 

this material at the FAA, call 425–227– 

1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (phone: 800–647–5527) is 

Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Wahib Mina, Aerospace Engineer, 

Airframe Branch, ANM–120L, FAA, Los 

Angeles Aircraft Certification Office, 

3960 Paramount Boulevard, Lakewood, 

California 90712–4137; telephone (562) 

627–5324; fax (562) 627–5210. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to supersede airworthiness 


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Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Rules and Regulations 68687 

directive (AD) 2004–23–11, Amendment 

39–13866 (69 FR 65522, November 15, 

2004). That AD applies to the specified 

products. The NPRM was published in 

the Federal Register on August 5, 2010 

(75 FR 47242). That NPRM proposed to 

continue to require repetitive high 

frequency eddy current inspections to 

detect cracks in the vertical radius (also 

known as the ‘‘vertical leg’’) of the upper 

cap of the center wing rear spar, and 

repair if necessary. That NPRM also 

proposed to expand the area to be 

inspected by including inspections to 

detect cracking of the horizontal flange 

of the upper cap of the left and right 

center wing rear spar, and repair if 

necessary. In addition, that NPRM 

proposed to add certain airplanes to the 

applicability. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM or 

on the determination of the cost to the 

public. 

Conclusion 

We reviewed the relevant data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed, except for minor editorial 

changes. We have determined that these 

minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM for 

correcting the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM. 

Costs of Compliance 

There are approximately 510 

airplanes of the affected design in the 

worldwide fleet. We estimate that 322 

airplanes of U.S. registry will be affected 

by this AD. The following table provides 

the estimated costs for U.S. operators to 

comply with this AD. 

ESTIMATED COSTS

Action Work hours 

Average 

labor rate per 

hour 

Parts Cost per airplane 

Number of 

U.S.- 

registered 

airplanes 

Fleet cost 

Inspection ......... 3 $85 $0 $255 per inspection 

cycle.

322 $82,110 per inspection cycle. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

Section 106, describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in Subtitle VII, 

Part A, Subpart III, Section 44701, 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We have determined that 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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by 

removing airworthiness directive (AD) 

2004–23–11, Amendment 39–13866 (69 

FR 65522, November 15, 2004), and 

adding the following new AD: 

2010–23–10 McDonnell Douglas 

Corporation: Amendment 39–16499; 

Docket No. FAA–2010–0705; Directorate 

Identifier 2009–NM–206–AD. 

Effective Date 

(a) This airworthiness directive (AD) is 

effective December 14, 2010. 

Affected ADs 

(b) This AD supersedes AD 2004–23–11, 

Amendment 39–13866. 

Applicability 

(c) This AD applies to McDonnell Douglas 

Corporation Model DC–9–14, DC–9–15, DC– 

9–15F, DC–9–21, DC–9–31, DC–9–32, DC–9– 

32 (VC–9C), DC–9–32F, DC–9–33F, DC–9–34, 

DC–9–34F, DC–9–32F (C–9A, C–9B), DC–9– 

41, and DC–9–51 airplanes; certificated in 

any category; as identified in Boeing Service 

Bulletin DC9–57–223, Revision 1, dated 

August 13, 2009. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 57: Wings. 

Unsafe Condition 

(e) This AD results from reports of cracking 

in the vertical radius (also known as the 

‘‘vertical leg’’) of the upper cap of the center 

wing rear spar, and the horizontal flange on 

the inboard side of the rear spar upper cap, 

which resulted from stress corrosion. The 

Federal Aviation Administration is issuing 

this AD to detect and correct cracking in the 

vertical leg or the horizontal flange of the 

upper cap of the left or right center wing rear 

spar, which could cause a possible fuel leak, 

damage to the wing skin, and structural 

failure of the upper cap, and result in 

reduced structural integrity of the airplane. 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
68688 Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Rules and Regulations 

Restatement of Requirements of AD 2004– 

23–11, With Revised Service Information 

Inspection 

(g) For all airplanes except Model DC–9– 

15F airplanes, at the later of the times 

specified in paragraphs (g)(1) and (g)(2) of 

this AD: Do a high frequency eddy current 

inspection to detect cracks in the vertical 

radius of the upper cap of the center wing 

rear spar, in accordance with the 

Accomplishment Instructions of Boeing 

Service Bulletin DC9–57–223, dated July 21, 

2003; or Revision 1, dated August 13, 2009. 

After the effective date of this AD, only 

Revision 1 may be used. 

(1) Before the accumulation of 25,000 total 

flight cycles. 

(2) Within 15,000 flight cycles or 5 years 

after December 20, 2004 (the effective date of 

AD 2004–23–11), whichever occurs first. 

Corrective Action 

(h)(1) If no crack is found during any 

inspection required by paragraph (g) of this 

AD, then repeat the inspection thereafter at 

intervals not to exceed 15,000 flight cycles or 

5 years, whichever occurs first, until the 

initial inspection required by paragraph (i) of 

this AD is done. 

(2) If any crack is found during the 

inspection required by paragraph (g) of this 

AD, before further flight, repair per a method 

approved by the Manager, Los Angeles 

Aircraft Certification Office (ACO), FAA. For 

a repair method to be approved by the 

Manager, Los Angeles ACO, as required by 

this paragraph, the Manager’s approval letter 

must specifically refer to this AD. 

New Requirements of This AD 

Inspection 

(i) At the later of the times specified in 

paragraphs (i)(1) and (i)(2) of this AD: Do a 

high frequency eddy current inspection to 

detect cracking in the vertical leg (also 

known as the ‘‘vertical radius’’) and 

horizontal flange of the left and right rear 

spar upper cap, inboard and outboard sides, 

at the bulkhead at wing station Xcw=58.500, 

in accordance with the Accomplishment 

Instructions of Boeing Service Bulletin DC9– 

57–223, Revision 1, dated August 13, 2009. 

If no cracking is found, repeat the inspection 

thereafter at intervals not to exceed 15,000 

flight cycles or 5 years, whichever occurs 

first. Accomplishment of the initial 

inspection required by paragraph (i) of this 

AD terminates the requirements of 

paragraphs (g) and (h)(1) of this AD. 

(1) Before the accumulation of 25,000 total 

flight cycles. 

(2) Within 15,000 flight cycles or 5 years 

after accomplishing the most recent high 

frequency eddy current inspection required 

by paragraph (g) of this AD, whichever 

occurs first. 

Corrective Action 

(j) If any cracking is found during any 

inspection required by paragraph (i) of this 

AD, before further flight, repair the cracking 

using a method approved in accordance with 

the procedures specified in paragraph (k) of 

this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(k)(1) The Manager, Los Angeles ACO, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. Send information to 

ATTN: Wahib Mina, Aerospace Engineer, 

Airframe Branch, ANM–120L, Los Angeles 

ACO, FAA, 3960 Paramount Boulevard, 

Lakewood, California 90712–4137; telephone 

(562) 627–5324; fax (562) 627–5210. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

Office. The AMOC approval letter must 

specifically refer to this AD. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD if it is approved by the 

Boeing Commercial Airplanes Organization 

Designation Authorization (ODA) that has 

been authorized by the Manager, Los Angeles 

ACO, to make those findings. For a repair 

method to be approved, the repair must meet 

the certification basis of the airplane, and the 

approval must specifically refer to this AD. 

(4) AMOCs approved previously in 

accordance with AD 2004–23–11, 

Amendment 39–13866, are approved as 

AMOCs for the corresponding provisions of 

paragraph (h)(2) of this AD. 

Material Incorporated by Reference 

(l) You must use Boeing Service Bulletin 

DC9–57–223, Revision 1, dated August 13, 

2009, to do the actions required by this AD, 

unless the AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, 3855 Lakewood Boulevard, MC 

D800–0019, Long Beach, California 90846– 

0001; telephone 206–544–5000, extension 2; 

fax 206–766–5683; e-mail 

dse.boecom@boeing.com; Internet https:// 

www.myboeingfleet.com. 

(3) You may review copies of the service 

information at the FAA, 1601 Lind Avenue, 

SW., Renton, Washington. For information 

on the availability of this material at the 

FAA, call 425–227–1221. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at an NARA facility, call 202–741– 

6030, or go to http://www.archives.gov/ 

federal_register/code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on October 

21, 2010. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–28084 Filed 11–8–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0483; Directorate 

Identifier 2010–NM–065–AD; Amendment 

39–16502; AD 2010–23–13] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Model 757 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all 

Model 757 airplanes. This AD requires 

changing the lower fixed leading edge 

panel assemblies immediately outboard 

of the nacelles at slats 4 and 7. This AD 

results from reports of Model 757 

airplanes in service that have drain 

holes and unsealed panel assemblies in 

the fixed leading edge adjacent to the 

inboard end of slats 4 and 7 that are too 

close to the hot portion of the engines. 

We are issuing this AD to prevent fuel 

leaking onto an engine and a consequent 

fire. 

DATES: This AD is effective December 

14, 2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of December 14, 2010. 

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, Washington 98124– 

2207; telephone 206–544–5000, 

extension 1; fax 206–766–5680; e-mail 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (telephone 800–647–5527) 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1