Federal Register / Vol. 77, No. 176 / Tuesday, September 11, 2012 / Proposed Rules 55773 

Issued in Kansas City, Missouri, on 

September 5, 2012. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2012–22332 Filed 9–10–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0909; Directorate 

Identifier 2011–NM–027–AD] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Supplemental notice of 

proposed rulemaking (NPRM); 

reopening of comment period. 

SUMMARY: We are revising an earlier 

proposed 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. That NPRM proposed 

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. That NPRM 

was prompted by reports of cracks of the 

hinge bearing lugs of the center section 

ribs of the horizontal stabilizer. This 

action revises that NPRM by adding the 

requirement for rib replacement if 

cracking is found during certain 

inspections of this proposed AD. We are 

proposing this supplemental NPRM 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. Since these actions impose an 

additional burden over that proposed in 

the NPRM, we are reopening the 

comment period to allow the public the 

chance to comment on these proposed 

changes. 

DATES: We must receive comments on 

this supplemental NPRM by October 26, 

2012. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, 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: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590, 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, 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 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, 

Airframe Branch, ANM–120L, FAA, Los 

Angeles Aircraft Certification Office, 

3960 Paramount Boulevard, Lakewood, 

CA 90712–4137; phone: (562) 627–5233; 

fax: (562) 627–5210; email: 

roger.durbin@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2011–0909; Directorate Identifier 

2011–NM–027–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 issued an NPRM to amend 14 CFR 

part 39 to include an AD that would 

apply 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. That NPRM 

published in the Federal Register on 

August 26, 2011 (76 FR 53346). That 

NPRM proposed to require repetitive 

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. 

Actions Since NPRM (76 FR 53346, 

August 26, 2011) Was Issued 

Since we issued the previous NPRM 

(76 FR 53346, August 26, 2011), we 

determined a required corrective action 

was not specified by Boeing Alert 

Service Bulletin MD80–55A069, dated 

January 19, 2011. Therefore, we propose 

to add a requirement for rib replacement 

if cracking is found during certain 

inspections required by this 

supplemental NPRM. 

Comments 

We gave the public the opportunity to 

comment on the previous NPRM (76 FR 

53346, August 26, 2011). The following 

presents the comments received on the 

NPRM and the FAA’s response to each 

comment. 

Support for the NPRM (76 FR 53346, 

August 26, 2011) 

Boeing stated it supports the NPRM 

(76 FR 53346, August 26, 2011). 

Recognition That Reporting of Findings 

Is Not Required 

American Airlines stated it recognizes 

that reporting of findings requested by 

Boeing Alert Service Bulletin MD80– 

55A069, dated January 19, 2011, is not 

required by the NPRM (76 FR 53346, 

August 26, 2011). 

We acknowledge American Airlines’s 

comment. Reporting is not required by 

the supplemental NPRM. We have not 


srobinson on DSK4SPTVN1PROD with PROPOSALS
55774 Federal Register / Vol. 77, No. 176 / Tuesday, September 11, 2012 / Proposed Rules 

changed the supplemental NPRM in this 

regard. 

FAA’s Determination 

We are proposing this supplemental 

NPRM because we evaluated all the 

relevant information and determined 

the unsafe condition described 

previously is likely to exist or develop 

in other products of these same type 

designs. Certain changes described 

above expand the scope of the previous 

NPRM (76 FR 53346, August 26, 2011). 

As a result, we have determined that it 

is necessary to reopen the comment 

period to provide additional 

opportunity for the public to comment 

on this supplemental NPRM. 

Proposed Requirements of the 

Supplemental NPRM 

This supplemental NPRM would 

require accomplishing the actions 

specified in the service information 

described previously, except as 

discussed under ‘‘Differences Between 

the Supplemental NPRM and the 

Service Information.’’ 

Differences Between the Supplemental 

NPRM and the Service Information 

Although Boeing Alert Service 

Bulletin MD80–55A069, dated January 

19, 2011, specifies to send the 

inspection results to the manufacturer, 

this proposed supplemental NPRM 

would not require any report. 

Boeing Alert Service Bulletin MD80– 

55A069, dated January 19, 2011, does 

not specify instructions for replacing a 

horizontal stabilizer center section rib. If 

crack length exceeds a certain specified 

length or if cracking is found during any 

inspection of a blend-out repair, 

paragraphs (h)(2) and (j)(2) of this 

supplemental NPRM would require 

repairing those conditions in one of the 

following ways: 

• In accordance with a method that 

we approve; or 

• Using data that meet the 

certification basis of the airplane, and 

that have been approved by the Boeing 

Commercial Airplanes Organization 

Designation Authorization (ODA) whom 

we have authorized to make those 

findings. 

Interim Action 

We consider this supplemental NPRM 

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 supplemental NPRM. 

Once this modification is developed, 

approved, and available, we may 

consider additional rulemaking. 

Costs of Compliance 

We estimate that this proposed AD 

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

We have received no definitive data 

that would enable us to provide labor 

cost estimates for the on-condition 

actions (blend-out repair(s) or 

replacement of center section rib(s)) 

specified in this proposed AD. However, 

we have been advised that replacement 

parts would be $14,500 per repair kit for 

each horizontal stabilizer rib. 

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): 

The Boeing Company: Docket No. FAA– 

2011–0909; Directorate Identifier 

2011–NM–027–AD. 

(a) Comments Due Date 

We must receive comments by October 26, 

2012. 

(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. 


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 176 / Tuesday, September 11, 2012 / Proposed Rules 55775 

(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 

blend-out, 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 blend out, 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 

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, 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 

blend out, do an HFEC inspection of the 

blend out 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 blend out, 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 

(1) For more information about this AD, 

contact Roger Durbin, Aerospace Engineer, 

Airframe Branch, ANM–120L, FAA, Los 

Angeles Aircraft Certification Office, 3960 

Paramount Boulevard, Lakewood, CA 90712– 

4137; phone: (562) 627–5233; fax: (562) 627– 

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

(2) 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. 

Issued in Renton, Washington, on 

September 4, 2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–22314 Filed 9–10–12; 8:45 am] 

BILLING CODE 4910–13–P 


srobinson on DSK4SPTVN1PROD with PROPOSALS