12100 Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Proposed Rules 

Related Information 

(j) Mandatory Continuing Airworthiness 

Information (MCAI) Transport Canada 

Airworthiness Directive CF–2007–22, dated 

September 14, 2007, and Bell Helicopter 

Textron Alert Service Bulletin No. 427–06– 

15, dated December 14, 2006, contain related 

information. 

Subject 

(k) Air Transport Association of America 

(ATA) Code:5553, Vertical Stabilizer, Attach 

Fittings. 

Issued in Fort Worth, Texas, on March 4, 

2009. 

Jerald E. Strentz, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–6225 Filed 3–20–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0160; Directorate 

Identifier 2008–NM–176–AD] 

RIN 2120–AA64 

Airworthiness Directives; McDonnell 

Douglas Model MD–90–30 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 

McDonnell Douglas Model MD–90–30 

airplanes. This proposed AD would 

require repetitive inspections for cracks 

of the upper aft skin panels on the 

horizontal stabilizer, and related 

investigative and corrective actions if 

necessary. This proposed AD results 

from a report of cracks found in the aft 

skin panels on the upper right side of 

the horizontal stabilizer at the aft 

inboard corner. We are proposing this 

AD to detect and correct cracks in the 

fail-safe structure that may not be able 

to sustain limit load, which could result 

in the loss of overall structural integrity 

of the horizontal stabilizer. 

DATES: We must receive comments on 

this proposed AD by May 7, 2009. 

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: 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 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 

or 425–227–1152. 

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 

(telephone 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, 

California 90712–4137; telephone (562) 

627–5233; fax (562) 627–5210. 

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–2009–0160; Directorate Identifier 

2008–NM–176–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 that one 

operator found two instances of a crack 

in the aft skin panel on the upper right 

side of the horizontal stabilizer at the aft 

inboard corner. The airplanes had 

accumulated 16,659 total flight cycles/ 

31,403 total flight hours and 18,128 total 

flight cycles/33,959 total flight hours. 

The cause of the cracking on the aft skin 

panel on the upper right side of the 

horizontal stabilizer is suspected to be 

fatigue. This condition, if not detected 

and corrected, could result in cracks in 

the fail-safe structure that may not be 

able to sustain limit load, which could 

result in the loss of overall structural 

integrity of the horizontal stabilizer. 

Relevant Service Information 

We have reviewed Boeing Alert 

Service Bulletin MD90–55A012, dated 

September 23, 2008. The service 

bulletin describes procedures for 

repetitive eddy current inspections to 

detect cracks on the upper aft skin 

panels on the left and right sides of the 

horizontal stabilizer, and related 

investigative and corrective actions. The 

initial compliance time is 13,500 total 

flight cycles or 24 months after the 

effective date of this AD, whichever 

occurs later. The related investigative 

actions include repetitive eddy current 

inspections for cracks of the rear spar 

upper caps of the left and right sides of 

the horizontal stabilizer. The repetitive 

interval for the inspection is within 

1,600 or 2,100 flight cycles, depending 

on the previous inspection method 

used. 

Corrective actions include, depending 

on crack findings and crack location, 

installing the upper aft skin panel splice 

of the horizontal stabilizer, and 

replacing the upper aft skin panel of the 

horizontal stabilizer. The service 

bulletin describes three options, 

depending on crack findings and crack 

location: 

• (Option 1) The service bulletin 

describes procedures for a high 

frequency eddy current inspection of 

the rear spar cap of the horizontal 

stabilizer and installation of the upper 

aft skin panel splice of the horizontal 

stabilizer before further flight, and an 

eddy current inspection on the upper aft 

skin panel of the horizontal stabilizer 

within 13,500 flight cycles after the 

installation. If the crack is on the rear 

spar cap of the horizontal stabilizer, the 

service bulletin specifies to contact 


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Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Proposed Rules 12101 

Boeing for repair instructions and do the 

repair before further flight. 

• (Option 2) The service bulletin 

describes procedures for a high 

frequency eddy current inspection of 

the rear spar cap of the horizontal 

stabilizer, remove and replace the upper 

aft skin panel of the horizontal stabilizer 

before further flight, and an eddy 

current inspection of the upper aft skin 

panel of the horizontal stabilizer within 

13,500 flight cycles. If the crack is on 

the rear spar cap of the horizontal 

stabilizer, the service bulletin specifies 

to contact Boeing for further repair 

instructions and do the repair before 

further flight. 

• (Option 3) The service bulletin 

specifies one option is to contact Boeing 

for possible temporary repair of skin 

cracks and do the repair before further 

flight. 

FAA’s Determination and Requirements 

of This Proposed AD 

We are proposing this AD because we 

evaluated all relevant information and 

determined the unsafe condition 

described previously is likely to exist or 

develop in other products of the(se) 

same type design(s). This proposed AD 

would require accomplishing the 

actions specified in the service 

information described previously, 

except as discussed under ‘‘Difference 

Between the Proposed AD and Service 

Bulletin.’’ 

Difference Between the Proposed AD 

and Service Bulletin 

Boeing Alert Service Bulletin MD90– 

55A012, dated September 23, 2008, 

specifies to contact the manufacturer for 

instructions on how to repair certain 

conditions, but this proposed AD would 

require repairing those conditions in 

one of the following ways: 

• Using a method that we approve; or 

• Using 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. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 16 airplanes of U.S. 

registry. The following table provides 

the estimated costs for U.S. operators to 

comply with this proposed AD. 

ESTIMATED COSTS

Action Work hours 

Average 

labor rate 

per hour 

Parts Cost per airplane 

Number of 

U.S.- 

registered 

airplanes 

Fleet cost 

Inspection ..................... 4 $80 None ........................... $320 per inspection 

cycle.

16 $5,120 per inspection 

cycle. 

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), 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. 

You can find our regulatory 

evaluation and the estimated costs of 

compliance in the AD Docket. 

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 AD: 

McDonnell Douglas: Docket No. FAA–2009– 

0160; Directorate Identifier 2008–NM– 

176–AD. 

Comments Due Date 

(a) We must receive comments by May 7, 

2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all Boeing Model 

MD–90–30 airplanes, certificated in any 

category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 55: Stabilizers. 

Unsafe Condition 

(e) This AD results from a report of cracks 

found in the right upper aft skin panel of the 

horizontal stabilizer at the aft inboard corner. 

We are issuing this AD to detect and correct 

cracks in the fail-safe structure that may not 

be able to sustain limit load, which could 

result in the loss of overall structural 

integrity of the horizontal stabilizer. 

Compliance 

(f) Comply with this AD within the 

compliance times specified, unless already 

done. 


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12102 Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Proposed Rules 

Inspections 

(g) Except as required by paragraphs (h) 

and (i) of this AD: At the times specified in 

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

Alert Service Bulletin MD90–55A012, dated 

September 23, 2008, do an eddy current 

inspection for cracks of the upper aft skin 

panels on the left and right sides of the 

horizontal stabilizer, and do all applicable 

related investigative and corrective actions, 

in accordance with the Accomplishment 

Instructions of the service bulletin. 

Exceptions to Service Bulletin Specifications 

(h) Where Boeing Alert Service Bulletin 

MD90–55A012, dated September 23, 2008, 

specifies a compliance time after the date on 

the service bulletin, this AD requires 

compliance within the specified compliance 

time after the effective date of this AD. 

(i) If any crack is found during any 

inspection required by this AD, and Boeing 

Alert Service Bulletin MD90–55A012, dated 

September 23, 2008, specifies to contact 

Boeing for appropriate action: Before further 

flight, repair using a method approved in 

accordance with the procedures specified in 

paragraph (k) of this AD. 

Inspections Done According to MultiOperator Message 

(j) Inspections and corrective actions done 

before the effective date of this AD are 

acceptable for compliance with the 

corresponding requirements of this AD, if 

done in accordance with Boeing MultiOperator Message 1–669017091–1, dated 

November 9, 2007. 

Alternative Methods of Compliance 

(AMOCs) 

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

Certification Office, FAA, ATTN: 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; has the authority to approve 

AMOCs for this AD, if requested using 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 principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, in the FAA Flight Standards 

District Office (FSDO), or lacking a principal 

inspector, your local FSDO. The AMOC 

approval letter must specifically reference 

this AD. 

(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, International 

Branch, 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. 

Issued in Renton, WA, on March 6, 2009. 

Linda Navarro, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–6218 Filed 3–20–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0064] 

RIN 1625–AA00 

Safety Zone: Ocean City Air Show, 

Atlantic Ocean, Ocean City, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes 

establishing a safety zone on the 

Atlantic Ocean in the vicinity of Ocean 

City, MD to support the Ocean City Air 

Show. This action is intended to restrict 

vessel traffic on the Atlantic Ocean to 

protect mariners from the hazards 

associated with air show events 

scheduled to take place from June 12 to 

June 14, 2009. 

DATES: Comments and related material 

must either be submitted to our online 

docket via http://www.regulations.gov 

on or before April 22, 2009 or reach the 

Docket Management Facility by that 

date. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–0064 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these methods. For instructions 

on submitting comments, see the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call LT Tiffany Duffy, Chief 

Waterways Management Division, 

Sector Hampton Roads at (757) 668– 

5580. If you have questions on viewing 

or submitting material to the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2009–0064), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online, or by fax, mail or hand 

delivery, but please use only one of 

these means. We recommend that you 

include your name and a mailing 

address, an e-mail address, or a phone 

number in the body of your document 

so that we can contact you if we have 

questions regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert ‘‘USCG– 

2009–0064’’ in the Docket ID box, press 

Enter, and then click on the balloon 

shape in the Actions column. If you 

submit your comments by mail or hand 

delivery, submit them in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying and electronic 

filing. If you submit them by mail and 

would like to know that they reached 

the Facility, please enclose a stamped, 

self-addressed postcard or envelope. We 

will consider all comments and material 

received during the comment period 

and may change the rule based on your 

comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert USCG– 

2009–0064 in the Docket ID box, press 

Enter, and then click on the item in the 

Docket ID column. You may also visit 

either the Docket Management Facility 

in Room W12–140 on the ground floor 


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