80744 Federal Register / Vol. 75, No. 246 / Thursday, December 23, 2010 / Proposed Rules 

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 Principal Maintenance Inspector 

or Principal Avionics Inspector, as 

appropriate, or lacking a principal inspector, 

your local Flight Standards 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 the 

approval must specifically refer to this AD. 

Related Information 

(i) For more information about this AD, 

contact Roger Durbin, Aerospace Engineer, 

Los Angeles ACO, Airframe Branch, ANM– 

120L, FAA Los Angeles Aircraft Certification 

Office, 3960 Paramount Blvd, Lakewood, CA 

90712–4137; telephone: (562) 627–5233; fax: 

(562) 627–5210; e-mail: 

roger.durbin@faa.gov. 

(j) 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, the FAA, 1601 Lind Avenue, 

SW., Renton, Washington. For information 

on the availability of this material at the 

FAA, call 425–227–1221. 

Issued in Renton, Washington, on 

December 16, 2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–32207 Filed 12–22–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–1203; Directorate 

Identifier 2010–NM–168–AD] 

RIN 2120–AA64 

Airworthiness Directives; McDonnell 

Douglas Corporation 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 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for all 

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 

proposed AD would require repetitive 

inspections for cracking of the left and 

right upper center skin panels of the 

horizontal stabilizer, and corrective 

action if necessary. This proposed AD 

was prompted by a report of a crack 

found in the upper skin panel at the aft 

inboard corner of a right horizontal 

stabilizer. We are proposing this AD to 

detect and correct cracks in the 

horizontal stabilizer upper center skin 

panel. Uncorrected cracks might 

ultimately lead to the loss of overall 

structural integrity of the horizontal 

stabilizer. 

DATES: We must receive comments on 

this proposed AD by February 7, 2011. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed 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 proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(phone: 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Roger Durbin, Aerospace Engineer, Los 

Angeles ACO, Airframe Branch, ANM– 

120L, FAA Los Angeles Aircraft 

Certification Office, 3960 Paramount 

Blvd, Lakewood, CA 90712–4137; 

telephone: (562) 627–5233; fax: (562) 

627–5210; e-mail: roger.durbin@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposal. Send your comments to 

an address listed under the ADDRESSES

section. Include ‘‘Docket No. FAA– 

2010–1203; Directorate Identifier 2010– 

NM–168–AD’’ at the beginning of your 

comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

We have received a report of a crack 

to a Model MD–80 airplane upper center 

skin panel of the right horizontal 

stabilizer at the aft inboard corner 

during an inspection for cracks in the 

upper and lower aft skin panels of the 

horizontal stabilizer in accordance with 

AD 2007–10–04, Amendment 39–15045 

(72 FR 25960, May 8, 2007). That 

airplane had accumulated 47,146 total 

flight hours and 26,490 total flight 

cycles when the crack was found. The 

cause of the cracking is suspected to be 

fatigue. 

A crack in the upper center skin panel 

may transfer the load to the upper aft 

skin panel. This may result in the upper 

aft skin panel cracking faster than the 

existing inspection intervals that are 

specified by Boeing Alert Service 

Bulletin MD80–55A065. Uncorrected 

cracking could result in loss of the 

overall structural integrity of the 

horizontal stabilizer. 

Relevant Service Information 

We reviewed Boeing Alert Service 

Bulletin MD80–55A068, dated July 16, 

2010. This service bulletin describes 

procedures for repetitive eddy current 

inspections, either (Option 1) two High 

Frequency Eddy Current (ETHF) scans 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 75, No. 246 / Thursday, December 23, 2010 / Proposed Rules 80745 

and one Low Frequency Eddy Current 

(ETLF) scan, or (Option 2) three ETHF 

scans, to detect cracking of the right and 

left upper center skin panels of the 

horizontal stabilizer. Corrective actions 

include replacing any cracked 

horizontal stabilizer upper center skin 

panel with a serviceable panel or 

contacting Boeing for possible 

temporary repair instructions. 

The repetitive interval is 5,200 flight 

cycles or 2,500 flight cycles depending 

on the type of eddy current inspection 

option selected. 

Boeing Alert Service Bulletin MD80– 

55A068, dated July 16, 2010, refers to an 

inspection done for Boeing Alert Service 

Bulletin MD80–55A065, dated April 25, 

2007, which we referred to as the 

appropriate source of service 

information for AD 2007–10–04. Boeing 

Alert Service Bulletin MD80–55A065, 

dated April 25, 2007, addresses cracking 

issues for the horizontal stabilizer’s 

upper and lower aft skin panels and rear 

spar upper caps. 

FAA’s Determination 

We are proposing this AD because we 

evaluated all the relevant information 

and determined the unsafe condition 

described previously is likely to exist or 

develop in other products of the same 

type design. 

Proposed AD Requirements 

This proposed AD would require 

accomplishing the actions specified in 

the service information described 

previously, except as discussed under 

‘‘Differences Between the Proposed AD 

and the Service Information.’’ 

Differences Between the Proposed AD 

and the Service Information 

Alert Service Bulletin MD80–55A068, 

dated July 16, 2010, provides an option 

to contact the manufacturer for 

instructions on how to repair cracking, 

but this proposed AD would require 

replacing the cracked skin panel. 

Costs of Compliance 

We estimate that this proposed AD 

will affect 668 airplanes of U.S. registry. 

We estimate the following costs to 

comply with this proposed AD: 

ESTIMATED COSTS

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

Inspection .......... 4 work-hours × $85 per hour = 

$340 per inspection cycle.

$0 $340 per inspection cycle .............. $227,120 per inspection cycle. 

We estimate the following costs to do 

any necessary repairs that would be 

required based on the results of the 

proposed inspection. We have no way of 

determining the number of aircraft that 

might need these repairs. 

ON-CONDITION COSTS

Action Labor cost Parts cost Cost per 

product 

Group 1: Skin panel replacement ................................ 648 work-hours × $85 per hour = $55,080 .................. $36,405 $91,485 

Group 2: Skin panel replacement ................................ 648 work-hours × $85 per hour = $55,080 .................. 54,071 109,151 

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 determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would 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 this proposed regulation: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

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

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. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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): 

McDonnell Douglas Corporation: Docket No. 

FAA–2010–1203; Directorate Identifier 

2010–NM–168–AD. 

Comments Due Date 

(a) We must receive comments by February 

7, 2011. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all McDonnell 

Douglas Corporation 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. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
80746 Federal Register / Vol. 75, No. 246 / Thursday, December 23, 2010 / Proposed Rules 

Subject 

(d) Joint Aircraft System Component 

(JASC)/Air Transport Association (ATA) of 

America Code 55: Stabilizers. 

Unsafe Condition 

(e) This AD was prompted by a report of 

a crack found in the upper center skin panel 

at the aft inboard corner of a right horizontal 

stabilizer. We are issuing this AD to detect 

and correct cracks in the horizontal stabilizer 

upper center skin panel. Uncorrected cracks 

might ultimately lead to the loss of overall 

structural integrity of the horizontal 

stabilizer. 

Compliance 

(f) Comply with this AD within the 

compliance times specified, unless already 

done. 

Inspections 

(g) Before the accumulation of 20,000 total 

flight cycles, or within 4,379 flight cycles 

after the effective date of this AD, whichever 

occurs later, do eddy current inspections to 

detect cracking of the left and right upper 

center skin panels of the horizontal stabilizer, 

in accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

MD80–55A068, dated July 16, 2010. 

(1) If no crack is found during any 

inspection required by paragraph (g) of this 

AD, repeat the applicable inspections 

thereafter at the applicable times specified in 

paragraph 1.E., ‘‘Compliance,’’ of Boeing Alert 

Service Bulletin MD80–55A068, dated July 

16, 2010. 

(2) If any crack is found during any 

inspection required by paragraph (g) of this 

AD, before further flight, replace the skin 

panel with a serviceable skin panel, in 

accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

MD80–55A068, dated July 16, 2010. Within 

20,000 flight cycles after the replacement, do 

eddy current inspections as required by 

paragraph (g) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(h)(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 Principal Maintenance Inspector 

or Principal Avionics Inspector, as 

appropriate, or lacking a principal inspector, 

your local Flight Standards 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. 

Related Information 

(i) For more information about this AD, 

contact Roger Durbin, Aerospace Engineer, 

Los Angeles ACO, Airframe Branch, ANM– 

120L, FAA Los Angeles Aircraft Certification 

Office, 3960 Paramount Blvd, Lakewood, CA 

90712–4137; telephone: (562) 627–5233; fax: 

(562) 627–5210; e-mail: 

roger.durbin@faa.gov. 

(j) 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, the FAA, 1601 Lind Avenue SW., 

Renton, Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

Issued in Renton, Washington, on 

December 16, 2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–32209 Filed 12–22–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 135 

[Docket No. FAA–2010–1259] 

Interpretation of Rest Requirements 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed 

interpretation. 

SUMMARY: This action proposes to 

interpret the application of 14 CFR 

135.263 and the rest requirements of 

§ 135.267(d) to situations in which a 

flight crewmember’s flight time exceeds 

the permissible limits due to 

circumstances beyond his or her 

control. As discussed below, the FAA 

issued several interpretations 

addressing this issue in the 1990s. 

However, because the proposed 

interpretation relies heavily on a 

seminal FAA interpretation issued in 

2000, the proposed interpretation would 

supersede any previous contrary 

interpretations of §§ 135.263 and 

135.267(d). 

DATES: Comments must be received on 

or before January 24, 2011. 

ADDRESSES: You may send comments 

identified by docket number FAA– 

2010–1259 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send Comments to Docket 

Operations, M–30; U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, West Building 

Ground Floor, Washington, DC 20590– 

0001. 

• Hand Delivery: Take comments to 

Docket Operations in Room W12–140 of 

the West Building Ground Floor at 1200 

New Jersey Avenue, SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

• Fax: (202) 493–2251. 

FOR FURTHER INFORMATION CONTACT: Alex 

Zektser, Attorney, Regulations Division, 

Office of Chief Counsel, Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone: (202) 

267–3073; e-mail: Alex.Zektser@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites interested persons to 

submit written comments, data, or 

views concerning this proposal. The 

most helpful comments reference a 

specific portion of the proposal, explain 

the reason for any recommended 

change, and include supporting data. To 

ensure the docket does not contain 

duplicate comments, please send only 

one copy of written comments, or if you 

are filing comments electronically, 

please submit your comments only one 

time. 

The FAA will file in the docket all 

comments received, as well as a report 

summarizing each substantive public 

contact with FAA personnel concerning 

this proposal. Before acting on this 

proposal, the FAA will consider all 

comments received on or before the 

closing date for comments and any latefiled comments if it is possible to do so 

without incurring expense or delay. The 

FAA may change this proposal in light 

of comments received. 

Availability of This Proposed 

Interpretation 

You can get an electronic copy using 

the Internet by— 

(1) Searching the Federal 

eRulemaking Portal 

(http://www.regulations.gov); 

(2) Visiting the FAA’s Regulations and 

Policies Web page at http://www.faa.

gov/regulations_policies/; or 

(3) Accessing the Government 

Printing Office’s Web page at http://

www.gpoaccess.gov/fr/index.html. 


srobinson on DSKHWCL6B1PROD with PROPOSALS