Federal Register / Vol. 76, No. 136 / Friday, July 15, 2011 / Rules and Regulations 41651 

Service Bulletin 382–28–20, Revision 8, 

dated October 13, 2009; Revision 9, dated 

December 14, 2009; or Revision 10, dated 

March 18, 2010; are acceptable for 

compliance with the requirements of 

paragraph (h) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(o)(1) The Manager, Atlanta 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) AMOCs approved for AD 2008–20–01 

are approved as AMOCs for this AD. 

Related Information 

(p) For more information about this AD, 

contact Neil Duggan, Aerospace Engineer, 

Propulsion and Services Branch, ACE–118A, 

FAA, Atlanta Aircraft Certification Office, 

1701 Columbia Avenue, College Park, GA 

30337; phone: (404) 474–5576; fax: (404) 

474–5606; e-mail: neil.duggan@faa.gov. 

Material Incorporated by Reference 

(q) You must use Lockheed Service 

Bulletin 382–28–19, Revision 4, dated 

September 18, 2008; or Lockheed Service 

Bulletin 382–28–22, Revision 3, dated March 

28, 2008; as applicable; 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 

Lockheed Service Bulletin 382–28–19, 

Revision 4, dated September 18, 2008, under 

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

(2) The Director of the Federal Register 

previously approved the incorporation by 

reference of Lockheed Service Bulletin 382– 

28–22, Revision 3, dated March 28, 2008, on 

November 3, 2008 (73 FR 56464, September 

29, 2008). 

(3) For service information identified in 

this AD, contact Lockheed Martin 

Corporation/Lockheed Martin Aeronautics 

Company, Airworthiness Office, Dept. 6A0M, 

Zone 0252, Column P–58, 86 S. Cobb Drive, 

Marietta, Georgia 30063; telephone 770–494– 

5444; fax 770–494–5445; e-mail 

ams.portal@lmco.com; Internet http:// 

www.lockheedmartin.com/ams/tools/ 

TechPubs.html. 

(4) You may review copies of the service 

information at the FAA, 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 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 July 1, 

2011. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2011–17399 Filed 7–14–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0217; Directorate 

Identifier 2010–NM–165–AD; Amendment 

39–16748; AD 2011–15–01] 

RIN 2120–AA64 

Airworthiness Directives; 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 

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 

a detailed inspection to detect distress 

and existing repairs to the leading edge 

structure of the vertical stabilizer at the 

splice at Station Zfs = 52.267; repetitive 

inspections for cracking in the front spar 

cap forward flanges of the vertical 

stabilizer, and either the aft flanges or 

side skins; repetitive inspections for 

loose and missing fasteners; and related 

investigative and corrective actions if 

necessary. This AD was prompted by 

reports of cracked vertical stabilizer 

skin, a severed front spar cap, elongated 

fastener holes at the leading edge of the 

vertical stabilizer, and a cracked front 

spar web and front spar cap bolt holes 

in the vertical stabilizer. We are issuing 

this AD to detect and correct such 

cracking damage, which could result in 

the structure being unable to support 

limit load, and could lead to the loss of 

the vertical stabilizer. 

DATES: This AD is effective August 19, 

2011. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of August 19, 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; 

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 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, Los 

Angeles Aircraft Certification Office, 

3960 Paramount Boulevard, Lakewood, 

California 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 

March 14, 2011 (76 FR 13543). That 

NPRM proposed to require a detailed 

inspection to detect distress and 

existing repairs to the leading edge 

structure of the vertical stabilizer at the 

splice at Station Zfs = 52.267; repetitive 

inspections for cracking in the front spar 

cap forward flanges of the vertical 

stabilizer, and either the aft flanges or 

side skins; repetitive inspections for 

loose and missing fasteners; and related 

investigative and corrective actions if 

necessary. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. The 

following presents the comments 

received on the proposal and the FAA’s 

response to each comment. 

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41652 Federal Register / Vol. 76, No. 136 / Friday, July 15, 2011 / Rules and Regulations 

Support for the Proposed AD 

Boeing stated that it agrees with the 

NPRM. 

Request To Change Heading for 

Paragraph (h) of the NPRM 

American Airlines (American) stated 

that the heading of ‘‘Repetitive 

Inspections for Cracks, and Related 

Investigative and Corrective Actions’’ 

prior to paragraph (h) of the NPRM 

should not include ‘‘repetitive’’ because 

paragraph (h) of the NPRM only address 

initial inspections. From these 

statements, we infer that American 

wants us to remove ‘‘repetitive’’ from 

the heading preceding paragraph (h) of 

the NPRM. 

We disagree. The heading applies to 

all paragraphs following the heading 

until the next header. Paragraph (h)(2) 

of this AD requires repetitive 

inspections if no crack is detected by 

the initial inspection. We have not 

changed the AD in this regard. 

Request To Match Actions Proposed in 

NPRM to Actions in Service 

Information 

American stated that Boeing Alert 

Service Bulletin MD80–55A067, dated 

June 24, 2010, in paragraph 4 and 5 of 

the Accomplishment Instructions, 

recommends repetitive inspections of 

the leading edge and spar cap structure, 

and that only paragraph (j) of the NPRM 

requires repetitive inspections and then 

only for the leading edge structure 

under some conditions. We infer that 

American wants us to change the AD to 

match Boeing Alert Service Bulletin 

MD80–55A067, dated June 24, 2010. 

We disagree with revising the AD. In 

addition to paragraph (j), paragraph 

(h)(2) of this AD requires repetitive 

inspections for cracks of the left and 

right vertical stabilizer front spar cap if 

no crack is detected by the initial 

inspection, which is consistent with the 

service information and results in the 

AD and service information having 

consistent requirements. We have not 

changed the AD in this regard. 

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. 

Costs of Compliance 

We estimate that this AD will affect 

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 for existing repairs, distress .... 10 work-hours × $85 per hour = $850 .... $0 $850 ....................... $567,800. 

Repetitive inspections for cracking and 

loose and missing fasteners.

7 work-hours × $85 per hour = $595 per 

inspection cycle.

$0 $595 per inspection 

cycle.

$397,460 per inspection cycle. 

We have received no definitive data 

that would enable us to provide cost 

estimates for the on-condition actions 

specified in this AD. 

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): 

2011–15–01 The Boeing Company: 

Amendment 39–16748; Docket No. 

FAA–2011–0217; Directorate Identifier 

2010–NM–165–AD. 

Effective Date 

(a) This AD is effective August 19, 2011. 

Affected ADs 

(b) None. 

Applicability 

(c) 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 MD80–55A067, dated June 

24, 2010. 

Subject 

(d) Joint Aircraft System Component 

(JASC)/Air Transport Association (ATA) of 

America Code 55: Stabilizers. 

Unsafe Condition 

(e) This AD was prompted by reports of 

cracked vertical stabilizer skin, a severed 

front spar cap, elongated fastener holes at the 

leading edge of the vertical stabilizer, and a 

cracked front spar web and front spar cap 

bolt holes in the vertical stabilizer. We are 

issuing this AD to detect and correct such 

cracking damage, which could result in the 

structure being unable to support limit load, 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 76, No. 136 / Friday, July 15, 2011 / Rules and Regulations 41653 

and could lead to the loss of the vertical 

stabilizer. 

Compliance 

(f) Comply with this AD within the 

compliance times specified, unless already 

done. 

Inspections 

(g) Within 4,500 flight cycles after the 

effective date of this AD, do a detailed 

inspection for distress in and existing repairs 

to the leading edge structure of the vertical 

stabilizer at the splice at Station Zfs=52.267, 

in accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

MD80–55A067, dated June 24, 2010. 

Repetitive Inspections for Cracks, and 

Related Investigative and Corrective Actions 

(h) Before further flight after doing the 

inspection required by paragraph (g) of this 

AD, inspect for cracks of the left and right 

vertical stabilizer front spar cap, in 

accordance with either Option 1 or Option 2 

as specified in the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

MD80–55A067, dated June 24, 2010. If any 

crack is found, before further flight, evaluate 

and verify to confirm all crack indications, in 

accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

MD80–55A067, dated June 24, 2010. 

(1) If any cracking is confirmed, before 

further flight, repair using a method 

approved in accordance with the procedures 

specified in paragraph (l) of this AD. 

(2) If no cracking is confirmed, repeat the 

inspection thereafter at intervals not to 

exceed the applicable interval specified in 

paragraph (h)(2)(i) or (h)(2)(ii) of this AD. 

(i) If the most recent inspection was done 

using Option 1, the next inspection must be 

done within 4,400 flight cycles. 

(ii) If the most recent inspection was done 

using Option 2, the next inspection must be 

done within 3,000 flight cycles. 

Leading Edge Repair 

(i) If leading edge distress is found during 

the detailed inspection required by paragraph 

(g) of this AD, before further flight and after 

accomplishing the inspection required by 

paragraph (h) of this AD, repair the leading 

edge, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin MD80–55A067, dated June 

24, 2010. 

Inspection for Loose/Missing Fasteners 

(j) For airplanes on which no cracking is 

confirmed during the initial inspection 

required by paragraph (h) of this AD: At the 

applicable time specified in paragraph (j)(1) 

or (j)(2) of this AD, do a detailed inspection 

for indications of loose and missing fasteners, 

in accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

MD80–55A067, dated June 24, 2010. If any 

loose or missing fastener is found, before 

further flight, repair the leading edge, in 

accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

MD80–55A067, dated June 24, 2010. 

(1) If the inspection required by paragraph 

(h) was done using Option 1, do the 

inspection required by paragraph (j) of this 

AD within 4,400 flight cycles after 

accomplishing the inspection required by 

paragraph (h) of this AD. 

(2) If inspection required by paragraph (h) 

was done using Option 2, do the inspection 

required by paragraph (j) of this AD within 

3,000 flight cycles after accomplishing the 

inspection required by paragraph (h) of this 

AD. 

(k) For airplanes on which no cracking is 

confirmed during the most recent inspection 

required by paragraph (h) of this AD: Repeat 

the inspection for loose and missing fasteners 

required by paragraph (j) of this AD thereafter 

at intervals not to exceed the applicable time 

specified in paragraph (k)(1) or (k)(2) of this 

AD. 

(1) If the most recent inspection required 

by paragraph (h) was done using Option 1, 

the next inspection required by paragraph (j) 

of this AD must be done within 4,400 flight 

cycles after accomplishing the most recent 

inspection required by paragraph (j) of this 

AD. 

(2) If the most recent inspection required 

by paragraph (h) was done using Option 2, 

the next inspection required by paragraph (j) 

of this AD must be done within 3,000 flight 

cycles after the most recent inspection 

required by paragraph (j) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(l)(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 

(m) For more information about this AD, 

contact Roger Durbin, Aerospace Engineer, 

Airframe Branch, ANM–120L, Los Angeles 

Aircraft Certification Office, 3960 Paramount 

Boulevard, Lakewood, California 90712– 

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

5210; e-mail: Roger.Durbin@faa.gov. 

Material Incorporated by Reference 

(n) You must use Boeing Alert Service 

Bulletin MD80–55A067, dated June 24, 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 

this service information 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; telephone 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 July 1, 

2011. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2011–17400 Filed 7–14–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–1307; Directorate 

Identifier 2010–NM–049–AD; Amendment 

39–16671; AD 2011–09–09] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Model CL–600–2A12 (CL–601) and 

CL–600–2B16 (CL–601–3A, CL–601– 

3R, and CL–604 Variants) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

During flight-testing of a wing anti-ice 

piccolo tube containing a deliberate small 

breach, it was determined that the wing 

leading edge thermal switches were not 

detecting the consequent bleed leak at the 

design threshold. As a result, new 

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