```

[Federal Register Volume 76, Number 55 (Tuesday, March 22, 2011)]
[Rules and Regulations]
[Pages 15800-15802]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6249]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1202; Directorate Identifier 2010-NM-167-AD; 
Amendment 39-16637; AD 2011-06-12]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model MD-90-30 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD requires repetitive inspections for 
cracking of the left and right upper center skin panels of the 
horizontal stabilizer, and corrective action if necessary. This 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 issuing 
this AD to detect and correct cracks in the upper center skin panels of 
the horizontal stabilizer. Uncorrected cracks might ultimately lead to 
the loss of overall structural integrity of the horizontal stabilizer.

DATES: This AD is effective April 26, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of April 26, 
2011.

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; phone: 206-544-5000, extension 2; fax: 206-766-5683; e-mail: 
dse.boecom@boeing.com; Internet: https://www.myboeingfleet.com. You

[[Page 15801]]

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, Los 
Angeles ACO, Airframe Branch, ANM-120L, FAA, 3960 Paramount Boulevard, 
Lakewood, CA 90712-4137; phone: 562-627-5233; fax: 562-627-5210; e-
mail: Roger.Durbin@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an airworthiness directive (AD) that would apply to 
the specified products. That NPRM published in the Federal Register on 
December 23, 2010 (75 FR 80742). That NPRM proposed to require 
repetitive inspections for cracking of the left and right upper center 
skin panels of the horizontal stabilizer, and corrective action if 
necessary.

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.

Explanation of Change to Applicability

    We have revised the applicability of the existing AD to identify 
model designations as published in the most recent type certificate 
data sheet for the affected models.

Conclusion

    We reviewed the relevant data, and determined that air safety and 
the public interest require adopting the AD with the change described 
previously. 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 the AD.

Costs of Compliance

    We estimate that this AD affects 19 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost    Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspection.......................  4 work-hours x $85             $0  $340 per inspection   $6,460 per
                                    per hour = $340 per                cycle.                inspection cycle.
                                    inspection cycle.
----------------------------------------------------------------------------------------------------------------

     We estimate the following costs to do any necessary repairs that 
would be required based on the results of the inspection. We have no 
way of determining the number of aircraft that might need these 
repairs.

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Skin panel replacement........................  648 work-hours x $85 per hour =          $55,608        $110,688
                                                 $55,080.
----------------------------------------------------------------------------------------------------------------

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:

[[Page 15802]]

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):

2011-06-12 The Boeing Company: Amendment 39-16637; Docket No. FAA-
2010-1202; Directorate Identifier 2010-NM-167-AD.

Effective Date

    (a) This AD is effective April 26, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all The Boeing Company Model MD-90-30 
airplanes, certificated in any category.

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 upper center skin panel of the horizontal stabilizer. 
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 3,778 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 MD90-55A015, 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 MD90-55A015, 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 MD90-
55A015, 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 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.

Related Information

    (i) For more information about this AD, contact Roger Durbin, 
Aerospace Engineer, Los Angeles ACO, Airframe Branch, ANM-120L, FAA, 
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5233; fax: 562-627-5210; e-mail: Roger.Durbin@faa.gov.

Material Incorporated by Reference

    (j) You must use Boeing Alert Service Bulletin MD90-55A015, 
dated July 16, 2010, 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 Boeing Alert Service Bulletin MD90-
55A015, dated July 16, 2010, 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; phone: 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, 
Transport Airplane Directorate, 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 March 9, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-6249 Filed 3-21-11; 8:45 am]
BILLING CODE 4910-13-P
```