25960 Federal Register / Vol. 72, No. 88 / Tuesday, May 8, 2007 / Rules and Regulations 

485, Olney, Texas 76374; telephone: (940) 

564–5616; fax: (940) 564–5612. 

(3) You may review copies at the FAA, 

Central Region, Office of the Regional 

Counsel, 901 Locust, Kansas City, Missouri 

64106; or 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 April 

27, 2007. 

David R. Showers, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–8671 Filed 5–7–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–28100; Directorate 

Identifier 2007–NM–103–AD; Amendment 

39–15045; AD 2007–10–04] 

RIN 2120–AA64 

Airworthiness Directives; McDonnell 

Douglas 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), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all 

McDonnell Douglas 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 requires repetitive 

inspections to detect cracks in the 

horizontal stabilizer, and related 

investigative/corrective actions if 

necessary. This AD results from reports 

of cracks found in the horizontal 

stabilizer—in the upper and lower aft 

skin panels at the aft inboard corner at 

station XH = 8.2, and in the rear spar 

upper caps adjacent to the aft skin panel 

at station XH = 10.0. We are issuing this 

AD to detect and correct cracks in the 

upper and lower aft skin panels and rear 

spar upper caps, which, if not corrected, 

could lead to the loss of overall 

structural integrity of the horizontal 

stabilizer. 

DATES: This AD becomes effective May 

23, 2007. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of May 23, 2007. 

We must receive comments on this 

AD by July 9, 2007. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

AD. 

• DOT Docket Web site: Go to http:// 

dms.dot.gov and follow the instructions 

for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street SW., Nassif Building, 

Room PL–401, Washington, DC 20590. 

• Fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street SW., Washington, 

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

through Friday, except Federal holidays. 

Contact Boeing Commercial 

Airplanes, Long Beach Division, 3855 

Lakewood Boulevard, Long Beach, 

California 90846, Attention: Data and 

Service Management, Dept. C1–L5A 

(D800–0024), for service information 

identified in this AD. 

FOR FURTHER INFORMATION CONTACT: 

Roger Durbin, Aerospace Engineer, 

Airframe Branch, ANM–120L, FAA, Los 

Angeles Aircraft Certification Office, 

3960 Paramount Boulevard, Lakewood, 

California 90712–4137; telephone (562) 

627–5233; fax (562) 627–5210. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We have received reports of cracks 

found in the horizontal stabilizer—in 

the upper and lower aft skin panels at 

the aft inboard corner at station XH = 

8.2, and in the rear spar upper caps 

adjacent to the aft skin panel at station 

XH = 10.0. These cracks were found 

during maintenance visual inspections. 

The cause of the cracking is still 

under investigation. If not corrected, the 

cracked upper and lower aft skin panels 

and rear spar upper caps could lead to 

the loss of overall structural integrity of 

the horizontal stabilizer. 

Relevant Service Information 

We have reviewed Boeing Alert 

Service Bulletin MD80–55A065, dated 

April 25, 2007. The service bulletin 

describes procedures for repetitive lowand high-frequency eddy current 

inspections to detect cracks of the 

horizontal stabilizer’s upper and lower 

aft skin panels and rear spar upper caps. 

The service bulletin provides options 

for corrective action based on crack 

length, location, and repairability; these 

options include some combination of 

the following actions: 

• Stop drilling the end of the crack; 

• Trimming the crack and installing a 

filler; 

• Installing a skin panel splice or rear 

spar upper cap splice; 

• Replacing the skin panel or rear 

spar upper cap with a new part; and 

• Repeating the inspection of the 

cracked area (including aft skin panels, 

skin panel splice, and rear spar upper 

cap). 

The repetitive inspection intervals, 

which range from 200 to 2,600 flight 

cycles, depend on the option used. 

Accomplishing the actions specified 

in the service information is intended to 

adequately address the unsafe 

condition. 

FAA’s Determination and Requirements 

of This AD 

The unsafe condition described 

previously is likely to exist or develop 

on other airplanes of the same type 

design. For this reason, we are issuing 

this AD to detect and correct cracks in 

the upper and lower aft skin panels and 

rear spar upper caps, which, if not 

corrected, could lead to the loss of 

overall structural integrity of the 

horizontal stabilizer. This AD requires 

accomplishing the actions specified in 

the service information described 

previously, except as discussed under 

‘‘Differences Between the AD and the 

Service Bulletin’’ below. 

Differences Between the AD and the 

Service Bulletin 

The service bulletin specifies that any 

splice installed as part of a crack repair 

option be inspected within 20,000 flight 

cycles after the repair. But the service 

bulletin notes that the type, method, 

and repetitive interval for this 

inspection will be identified by Boeing 

at a later date. (See paragraph 1.E., note 

(a) of Tables 1 and 2 of the service 

bulletin.) To ensure continued safety, 

we have determined that this inspection 

and its repetitive interval must be 

adequately defined. Therefore, this AD 

requires that the inspection type, 

method, and repetitive interval be 

approved either by the FAA, or in 

accordance with data that meet the 

certification basis of the airplane and 

that have been approved by an 

Authorized Representative for the 

Boeing Commercial Airplanes 

Delegation Option Authorization 

Organization whom we have authorized 

to make those findings. 

For a crack that meets the Condition 

2 criteria specified in Table 1 or Table 

3 in paragraph 1.E. of the service 

bulletin, Options 1 and 2 specify 

temporary repairs followed by repetitive 

inspections of the area, but provide no 


cprice-sewell on PROD1PC66 with RULES
Federal Register / Vol. 72, No. 88 / Tuesday, May 8, 2007 / Rules and Regulations 25961 

terminating action for these repetitive 

inspections. In this case, this AD 

requires, within 4,000 flight cycles after 

the crack is detected, either installing a 

horizontal stabilizer aft skin panel 

splice or removing and replacing the 

horizontal stabilizer aft skin panel, in 

accordance with Option 3 or 4 of the 

applicable table, followed by the 

applicable repetitive inspections 

specified in Option 3 or 4. We have 

determined that this action is necessary 

to maintain the safety of the fleet. 

We have coordinated these 

differences with Boeing. 

FAA’s Determination of the Effective 

Date 

Since an unsafe condition exists that 

requires the immediate adoption of this 

AD, we have found that notice and 

opportunity for public comment before 

issuing this AD are impracticable, and 

that good cause exists to make this AD 

effective in less than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements that affect flight safety and 

was not preceded by notice and an 

opportunity for public comment; 

however, we invite you to submit any 

relevant written data, views, or 

arguments regarding this AD. Send your 

comments to an address listed in the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2007–28100; Directorate Identifier 

2007–NM–103–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the AD that might suggest a 

need to modify it. 

We will post all comments we 

receive, without change, to http:// 

dms.dot.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this AD. Using the 

search function of that Web site, anyone 

can find and read the comments in any 

of our dockets, including the name of 

the individual who sent the comment 

(or signed the comment on behalf of an 

association, business, labor union, etc.). 

You may review the DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19477–78), or you may visit 

http://dms.dot.gov. 

Examining the Docket 

You may examine the AD docket on 

the Internet at http://dms.dot.gov, or in 

person at the Docket Management 

Facility office between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The Docket 

Management Facility office (telephone 

(800) 647–5227) is located on the plaza 

level of the Nassif Building at the DOT 

street address stated in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after the Docket 

Management System receives them. 

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 the 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); and 

3. 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. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD docket. 

See the ADDRESSES section for a location 

to examine the regulatory evaluation. 

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 Federal Aviation 

Administration (FAA) amends § 39.13 

by adding the following new 

airworthiness directive (AD): 

2007–10–04 McDonnell Douglas: 

Amendment 39–15045. Docket No. 

FAA–2007–28100; Directorate Identifier 

2007–NM–103–AD. 

Effective Date 

(a) This AD becomes effective May 23, 

2007. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all McDonnell 

Douglas 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. 

Unsafe Condition 

(d) This AD results from reports of cracks 

found in the horizontal stabilizer—in the 

upper and lower aft skin panels at the aft 

inboard corner at station XH = 8.2, and in the 

rear spar upper caps adjacent to the aft skin 

panel at station XH = 10.0. We are issuing 

this AD to detect and correct cracks in the 

upper and lower aft skin panels and rear spar 

upper caps, which, if not corrected, could 

lead to the loss of overall structural integrity 

of the horizontal stabilizer. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Repetitive Inspections 

(f) Do eddy current inspections to detect 

cracks in the horizontal stabilizer, in 

accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

MD80–55A065, dated April 25, 2007. 

(1) Do the initial inspections before the 

accumulation of 20,000 total flight cycles, or 

within 854 flight cycles after the effective 

date of this AD, whichever occurs later. 

(2) Except as required by paragraphs (g) 

and (h) of this AD: Do all applicable 

repetitive inspections and related 

investigative and corrective actions in 

accordance with, and at the times specified 

in, the service bulletin. 

Exceptions to Service Bulletin Specifications 

(g) Where Boeing Alert Service Bulletin 

MD80–55A065, dated April 25, 2007, 

specifies inspecting any skin panel splice or 

cap splice installed as part of a crack repair 


cprice-sewell on PROD1PC66 with RULES
25962 Federal Register / Vol. 72, No. 88 / Tuesday, May 8, 2007 / Rules and Regulations 

option: This AD requires the initial 

inspection within the compliance time 

specified in the service bulletin, but the 

inspection type, method, and repetitive 

interval must be done with FAA approval in 

accordance with the procedures specified in 

paragraph (i) of this AD. 

(h) For airplanes on which any detected 

crack meets the Condition 2 criteria specified 

in Table 1 or Table 3 in paragraph 1.E. of 

Boeing Alert Service Bulletin MD80–55A065, 

dated April 25, 2007: If Option 1 or 2 is 

selected as the corrective action, either install 

a horizontal stabilizer aft skin panel splice or 

remove and replace the horizontal stabilizer 

aft skin panel within 4,000 flight cycles after 

accomplishing Option 1 or 2, in accordance 

with Option 3 or 4 of the applicable table, 

and repeat the inspection thereafter at the 

time specified in Option 3 or 4, as applicable. 

Alternative Methods of Compliance 

(AMOCs) 

(i)(1) The Manager, Los Angeles Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested in accordance with the procedures 

found in 14 CFR 39.19. 

(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 appropriate principal inspector 

(PI) in the FAA Flight Standards District 

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

FSDO. 

(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 an 

Authorized Representative for the Boeing 

Commercial Airplanes Delegation Option 

Authorization Organization who 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. 

Material Incorporated by Reference 

(j) You must use Boeing Alert Service 

Bulletin MD80–55A065, dated April 25, 

2007, to perform the actions that are required 

by this AD, unless the AD specifies 

otherwise. The Director of the Federal 

Register approved the incorporation by 

reference of this document in accordance 

with 5 U.S.C. 552(a) and 1 CFR part 51. 

Contact Boeing Commercial Airplanes, Long 

Beach Division, 3855 Lakewood Boulevard, 

Long Beach, California 90846, Attention: 

Data and Service Management, Dept. C1–L5A 

(D800–0024), for a copy of this service 

information. You may review copies at the 

FAA, Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington; or 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 May 1, 

2007. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–8768 Filed 5–7–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2007–27594; Airspace 

Docket No. 07–ASO–3] 

Establishment of Class D and E 

Airspace; Aguadilla, PR 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

D and E4 airspace at Aguadilla, PR. A 

Federal contract tower with a weather 

reporting system has been constructed 

at Rafael Hernandez Airport. Therefore, 

the airport meets criteria for Class D and 

E4 airspace. Class D and E4 surface area 

airspace is required when the control 

tower is open to contain Standard 

Instrument Approach Procedures 

(SIAPs) and other Instrument Flight 

Rules (IFR) operations at the airport. 

This action establishes Class E and E4 

airspace extending upward from the 

surface to and including 2,700 feet MSL 

within a 4.5-mile radius of the airport 

and within 2.4 miles each side of the 

Borinquen VORTAC 257° radial 

extending from the 4.5 mile radius to 7 

miles west of the VORTAC. 

DATES: Effective Date: 0901 UTC, July 5, 

2007. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR Part 51, 

subject to the annual revision of FAA 

Order 7400.9 and publication of 

conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Mark D. Ward, Group Manager, System 

Support, Eastern Service Center, Federal 

Aviation Administration, P.O. Box 

20636, Atlanta, Georgia 30320; 

telephone (4040 305-5627. 

SUPPLEMENTARY INFORMATION: 

History 

On March 30, 2007, the FAA 

proposed to amend part 71 of the 

Federal Aviation Regulations (14 CFR 

part 71) by establishing Class D and E4 

airspace at Aguadilla, PR, (72 FR 

15077). This action provides adequate 

Class D and E4 airspace for IFR 

operations at Rafael Hernandez Airport. 

Designations for Class D and E4 

Airspace are published in FAA Order 

7400.9P, dated September 1, 2006, and 

effective September 15, 2006, which is 

incorporated by reference in 14 CFR 

71.1. The Class D and E4 airspace 

designations listed in this document 

will be published subsequently in the 

Order. 

Interested parties were invited to 

participate in this rulemaking 

proceeding by submitting written 

comments on the proposal to the FAA. 

No comments objecting to the proposal 

were received. 

The Rule 

This amendment to part 71 of the 

Federal Aviation Regulations (14 CFR 

part 71) establishes Class D and E4 

airspace at Aguadilla, PR. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore, (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); and (3) does not warrant 

preparation of a Regulatory Evaluation 

as the anticipated impact is so minimal. 

Since this is a routine matter that will 

only affect air traffic procedures and air 

navigation, it is certified that this rule, 

when promulgated, will not have a 

significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR Part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

CLASS B, CLASS C, CLASS D, AND 

CLASS E AIRSPACE AREAS; 

AIRWAYS; ROUTES; AND REPORTING 

POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9P, Airspace 


cprice-sewell on PROD1PC66 with RULES