Federal Register / Vol. 78, No. 47 / Monday, March 11, 2013 / Rules and Regulations 15281 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0909; Directorate 

Identifier 2011–NM–027–AD; Amendment 

39–17374; AD 2013–05–02] 

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 DC–9–81 (MD– 

81), DC–9–82 (MD–82), DC–9–83 (MD– 

83), DC–9–87 (MD–87), and MD–88 

airplanes. This AD was prompted by 

reports of cracks of the hinge bearing 

lugs of the center section ribs of the 

horizontal stabilizer. This AD requires 

repetitive high frequency eddy current 

(HFEC) inspections for cracking of the 

left and right rib hinge bearing lugs of 

the aft face of the center section of the 

horizontal stabilizer; measuring crack 

length and blending out cracks; and 

replacing the horizontal stabilizer center 

section rib, if necessary. We are issuing 

this AD to detect and correct cracking in 

the hinge bearing lugs of the horizontal 

stabilizer center section ribs, which 

could result in failure of the lugs, and 

consequent inability of the horizontal 

stabilizer to sustain the required limit 

loads and loss of control of the airplane. 

DATES: This AD is effective April 15, 

2013. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of April 15, 2013. 

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, 3855 

Lakewood Boulevard, MC D800–0019, 

Long Beach, CA 90846–0001; telephone 

206–544–5000, extension 2; fax 206– 

766–5683; Internet https:// 

www.myboeingfleet.com. You may 

review copies of the referenced service 

information at the FAA, Transport 

Airplane Directorate, 1601 Lind Avenue 

SW., Renton, Washington. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

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

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

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

Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Roger Durbin, Aerospace Engineer, 

Airframe Branch, ANM–120L, FAA, Los 

Angeles Aircraft Certification Office 

(ACO), 3960 Paramount Boulevard, 

Lakewood, CA 90712–4137; phone: 

562–627–5233; fax: 562–627–5210; 

email: roger.durbin@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a supplemental notice of 

proposed rulemaking (SNPRM) to 

amend 14 CFR part 39 to include an 

airworthiness directive (AD) that would 

apply to the specified products. That 

SNPRM published in the Federal 

Register on September 11, 2012 (77 FR 

55773). The original NPRM (76 FR 

53346, August 26, 2011) proposed to 

require repetitive high frequency eddy 

current (HFEC) inspections for cracking 

of the left and right rib hinge bearing 

lugs of the aft face of the center section 

of the horizontal stabilizer; measuring 

crack length and blending out cracks; 

and replacing the horizontal stabilizer 

center section rib, if necessary. The 

SNPRM proposed to specify the 

corrective actions for airplanes on 

which cracking is found during the 

inspections of the blendout required by 

paragraphs (h)(1) and (j)(1) of the 

SNPRM. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. The 

following presents the comments 

received on the proposal (77 FR 55773, 

September 11, 2012) and the FAA’s 

response to each comment. One 

representative of Boeing concurred with 

the contents of the proposed rule. 

Request To Revise Paragraphs (h)(1)(ii) 

and (j)(1)(ii) of SNPRM (77 FR 55773, 

September 11, 2012) 

Another representative of Boeing 

requested that we revise paragraphs 

(h)(1)(ii) and (j)(1)(ii) of the SNPRM (77 

FR 55773, September 11, 2012). Those 

paragraphs specify that if any cracking 

is found during any inspection of the 

blendout to do a replacement. The 

commenter requested that we specify 

either doing a repair or a replacement. 

We disagree with the request To 

revise paragraphs (h)(1)(ii) and (j)(1)(ii) 

of this AD to allow a repair as an option 

to the replacement. Providing a repair 

option would allow a blendout repair 

for cracking found in a rib with a 

blendout repair already accomplished. 

The intent of the AD is to allow only 

one blendout repair before the rib must 

be replaced. No change has been made 

to the AD in this regard. 

Request To Permit Rib Replacement 

Using Structural Repair Manual 

American Airlines (American) stated 

that paragraphs (h)(2) and (j)(2) of the 

SNPRM (77 FR 55773, September 11, 

2012) would require replacing the 

horizontal stabilizer rib in accordance 

with a method approved by the FAA. 

American stated that the rib 

replacement is not a type design change, 

and this action should be allowed to be 

accomplished with approved type 

design data and the structural repair 

manual (SRM) without the need for 

FAA approval. 

We partially agree. Although we have 

determined that rib replacement using 

the SRM is acceptable, we cannot refer 

to the SRM without revision levels and 

dates as a method of compliance 

because doing so violates Office of the 

Federal Register regulations for 

approving materials that are 

incorporated by reference. We will 

consider approving a global AMOC 

allowing rib replacement using the 

SRM. 

Conclusion 

We reviewed the relevant data, 

considered the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

as proposed—except for minor editorial 

changes. We have determined that these 

minor changes: 

• Are consistent with the intent that 

was proposed in the SNPRM (77 FR 

55773, September 11, 2012) for 

correcting the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the SNPRM (77 FR 55773, 

September 11, 2012). 

Interim Action 

We consider this AD interim action 

since investigation is ongoing and no 

terminating action has been developed 

yet. The manufacturer is currently 

developing a modification that will 

address the unsafe condition identified 

in this AD. Once this modification is 

developed, approved, and available, we 

may consider additional rulemaking. 

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15282 Federal Register / Vol. 78, No. 47 / Monday, March 11, 2013 / Rules and Regulations 

Costs of Compliance 

We estimate that this AD affects 668 

airplanes of U.S. registry. 

We estimate the following costs to 

comply with this AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Inspection .................... 6 work-hours × $85 per hour = $510 per inspection cycle ................ $0 $510 $340,680 

We have received no definitive data 

that would enable us to provide labor 

cost estimates for the on-condition 

actions (blendout repair(s) or 

replacement of center section rib(s)) 

specified in this AD. However, we have 

been advised that replacement parts 

would be $14,500 per horizontal 

stabilizer rib crack repair kit. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII: 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in Subtitle VII, 

Part A, Subpart III, Section 44701: 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

This AD will not have federalism 

implications under Executive Order 

13132. This AD will not have a 

substantial direct effect on the States, on 

the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Is not a ‘‘significant rule’’ under 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979), 

(3) Will not affect intrastate aviation 

in Alaska, and 

(4) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 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 adding 

the following new airworthiness 

directive (AD): 

2013–05–02 The Boeing Company: 

Amendment 39–17374; Docket No. 

FAA–2011–0909; Directorate Identifier 

2011–NM–027–AD. 

(a) Effective Date 

This AD is effective April 15, 2013. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to The Boeing Company 

Model DC–9–81 (MD–81), DC–9–82 (MD–82), 

DC–9–83 (MD–83), DC–9–87 (MD–87), and 

MD–88 airplanes, certificated in any 

category, as identified in Boeing Alert 

Service Bulletin MD80–55A069, dated 

January 19, 2011. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 55, Stabilizers. 

(e) Unsafe Condition 

This AD was prompted by reports of cracks 

of the hinge bearing lugs of the center section 

ribs of the horizontal stabilizer. We are 

issuing this AD to detect and correct cracking 

in the hinge bearing lugs of the horizontal 

stabilizer center section ribs, which could 

result in failure of the lugs, resulting in the 

inability of the horizontal stabilizer to sustain 

the required limit loads and consequent loss 

of control of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Inspection of Horizontal Stabilizer Ribs 

Made From 7075–T7351 Material 

For Group 1 airplanes, as identified in 

Boeing Alert Service Bulletin MD80–55A069, 

dated January 19, 2011: Before the 

accumulation of 23,000 total flight cycles, or 

within 4,383 flight cycles after the effective 

date of this AD, whichever occurs later, do 

a high frequency eddy current (HFEC) 

inspection for cracking of the left and right 

rib hinge bearing lugs of the aft face of the 

center section of the horizontal stabilizer, in 

accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

MD80–55A069, dated January 19, 2011. For 

any crack-free lug, repeat the inspection 

thereafter at intervals not to exceed 8,200 

flight cycles. 

(h) Repair and Replacement for Cracking of 

7075–T7351 Material 

If, during any inspection required by 

paragraph (g) of this AD, any crack is found: 

Before further flight, measure the length of 

the crack between the points specified in 

Boeing Alert Service Bulletin MD80–55A069, 

dated January 19, 2011. Do the action in 

accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

MD80–55A069, dated January 19, 2011. 

(1) If the crack length between points ‘A’ 

and ‘B’ is less than or equal to 0.15 inch and 

the crack length between points ‘C’ and ‘D’ 

is less than or equal to 0.05 inch: Before 

further flight, blend out the crack, in 

accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

MD80–55A069, dated January 19, 2011. 

Within 15,600 flight cycles after doing the 

blendout, do an HFEC inspection of the 

blendout on the center section rib hinge 

bearing lug for cracking, in accordance with 

the Accomplishment Instructions of Boeing 

Alert Service Bulletin MD80–55A069, dated 

January 19, 2011. 

(i) If no cracking is found, repeat the 

inspection thereafter at intervals not to 

exceed 3,900 flight cycles. 

(ii) If cracking is found during any 

inspection of the blendout, before further 

flight, do the replacement required by 

paragraph (h)(2) of this AD, and do the 

inspections required by paragraph (h)(2) of 

this AD at the times specified in paragraph 

(h)(2) of this AD. 

(2) If the crack length between points ‘A’ 

and ‘B’ is greater than 0.15 inch or the crack 

length between points ‘C’ and ‘D’ is greater 

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Federal Register / Vol. 78, No. 47 / Monday, March 11, 2013 / Rules and Regulations 15283 

than 0.05 inch: Before further flight, replace 

the horizontal stabilizer center section rib 

with a new horizontal stabilizer center 

section rib, using a method approved in 

accordance with the procedures specified in 

paragraph (l) of this AD. Repeat the 

inspection required by paragraph (g) of this 

AD one time before the accumulation of 

23,000 total flight cycles on the new 

horizontal stabilizer center section rib, and 

thereafter at intervals not to exceed 11,300 

flight cycles. 

(i) Inspection of Horizontal Stabilizer Ribs 

Made From 7050–T7451 Material 

For Group 2 airplanes, as identified in 

Boeing Alert Service Bulletin MD80–55A069, 

dated January 19, 2011: Before the 

accumulation of 23,000 total flight cycles, or 

within 4,383 flight cycles after the effective 

date of this AD, whichever occurs later, do 

an HFEC inspection for cracking of the left 

and right rib hinge bearing lugs of the aft face 

of the center section of the horizontal 

stabilizer, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin MD80–55A069, dated 

January 19, 2011. For any crack-free lug, 

repeat the inspection thereafter at intervals 

not to exceed 11,300 flight cycles. 

(j) Repair and Replacement for Cracking of 

7050–T7451 Material 

If, during any inspection required by 

paragraph (i) of this AD, any crack is found: 

Before further flight, measure the length of 

the crack between the points specified in, 

and in accordance, with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

MD80–55A069, dated January 19, 2011. 

(1) If the crack length between points ‘A’ 

and ‘B’ is less than or equal to 0.15 inch and 

the crack length between points ‘C’ and ‘D’ 

is less than or equal to 0.05 inch: Before 

further flight, blendout the crack, in 

accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

MD80–55A069, dated January 19, 2011. 

Within 15,600 flight cycles after doing the 

blendout, do an HFEC inspection of the 

blendout on the center section rib hinge 

bearing lug for cracking, in accordance with 

the Accomplishment Instructions of Boeing 

Alert Service Bulletin MD80–55A069, dated 

January 19, 2011. 

(i) If no cracking is found, repeat the 

inspection thereafter at intervals not to 

exceed 5,800 flight cycles. 

(ii) If cracking is found during any 

inspection of the blendout, before further 

flight, do the replacement required by 

paragraph (j)(2) of this AD, and do the 

inspections required by paragraph (j)(2) of 

this AD at the times specified in paragraph 

(j)(2) of this AD. 

(2) If the crack length between points ‘A’ 

and ‘B’ is greater than 0.15 inch or the crack 

length between points ‘C’ and ‘D’ is greater 

than 0.05 inch: Before further flight, replace 

the horizontal stabilizer center section rib 

with a new horizontal stabilizer center 

section rib, using a method approved in 

accordance with the procedures specified in 

paragraph (l) of this AD. Repeat the 

inspection required by paragraph (i) of this 

AD one time before the accumulation of 

23,000 total flight cycles on the new 

horizontal stabilizer center section rib, and 

thereafter at intervals not to exceed 11,300 

flight cycles. 

(k) No Reporting Requirement 

Although Boeing Alert Service Bulletin 

MD80–55A069, dated January 19, 2011, 

specifies to submit certain information to the 

manufacturer, this AD does not include that 

requirement. 

(l) 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 the 

Related Information section of this AD. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD if it is approved by the 

Boeing Commercial Airplanes Organization 

Designation Authorization (ODA) that has 

been authorized by the Manager, Los Angeles 

ACO, to make those findings. For a repair 

method to be approved, the repair must meet 

the certification basis of the airplane and 14 

CFR 25.571, Amendment 45, and the 

approval must specifically refer to this AD. 

(m) Related Information 

For more information about this AD, 

contact Roger Durbin, Aerospace Engineer, 

Airframe Branch, ANM–120L, FAA, Los 

Angeles Aircraft Certification Office (ACO), 

3960 Paramount Boulevard, Lakewood, CA 

90712–4137; phone: 562–627–5233; fax: 562– 

627–5210; email: roger.durbin@faa.gov. 

(n) 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– 

55A069, dated January 19, 2011. 

(ii) Reserved. 

(3) 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; Internet https:// 

www.myboeingfleet.com. 

(4) You may view this service information 

at 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. 

(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/ibrlocations.html. 

Issued in Renton, Washington, on February 

22, 2013. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–05196 Filed 3–8–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF LABOR 

Veterans’ Employment and Training 

Service 

20 CFR Part 1001 

RIN 1293–AA18 

Uniform National Threshold Entered 

Employment Rate for Veterans 

AGENCY: Veterans’ Employment and 

Training Service, Labor. 

ACTION: Final rule. 

SUMMARY: The purpose of this Final 

Rule is to establish the uniform national 

threshold entered employment rate 

(UNTEER) for veterans, as required of 

the Secretary in 38 U.S.C. 

4102A(c)(3)(B), for use in evaluating 

States’ performance in assisting veterans 

to meet their employment needs. The 

Final Rule also explains how the 

threshold will be used in the process of 

identifying those States to be reviewed 

by comparing the actual entered 

employment rate (EER) achieved for 

veterans with the threshold EER, and it 

identifies certain factors, in addition to 

the threshold, that will be included in 

the Department’s review to determine 

whether an EER below the threshold 

reflects a deficiency in the State’s 

performance, or is attributable to other 

factors beyond the State’s control. 

Finally, in those cases in which a State’s 

EER is determined to reflect a deficiency 

in a State’s performance, this Final Rule 

identifies the procedure for the 

submission and review of a corrective 

action plan (CAP), the delivery of 

technical assistance (TA), and the 

initiation of the necessary steps to 

implement corrective actions to improve 

the State’s performance in assisting 

veterans to meet their employment 

needs. 

DATES: Effective Date: The Final Rule 

will become effective on May 10, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Ruth Samardick, Director, Office of 

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