[Federal Register Volume 79, Number 236 (Tuesday, December 9, 2014)]
[Rules and Regulations]
[Pages 72968-72970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28145]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0450; Directorate Identifier 2013-NM-250-AD; 
Amendment 39-18037; AD 2014-24-04]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all The 
Boeing Company Model MD-90-30 airplanes. This AD was prompted by 
reports of cracks emanating from the aft-most barrel nut holes of the 
left and right upper rear spar caps of the horizontal stabilizer. This 
AD requires repetitive high frequency eddy current (ETHF) inspections 
for cracks in the areas around the two aft-most barrel nut holes of the 
upper rear spar caps, and corrective action if necessary; and 
repetitive ETHF inspections for cracks in the areas around the two aft-
most barrel nut holes of any repaired or replaced upper rear spar cap, 
and corrective actions if necessary. We are issuing this AD to detect 
and correct such cracks, which could propagate until the upper rear 
spar cap severs, and result in failure of the horizontal stabilizer 
upper center or aft skin panel and adversely affect the structural 
integrity of the airplane.

DATES: This AD is effective January 13, 2015.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 13, 
2015.

ADDRESSES: 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 view this referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, WA. 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 by searching for and locating Docket No. FAA-2014-
0450; 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 Docket 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: George Garrido, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-
627-5357; fax: 562-627-5210; email: <a href="/cdn-cgi/l/email-protection#b4d3d1dbc6d3d19ad3d5c6c6ddd0dbf4d2d5d59ad3dbc2"><span class="__cf_email__" data-cfemail="c5a2a0aab7a2a0eba2a4b7b7aca1aa85a3a4a4eba2aab3">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to all The Boeing Company 
Model MD-90-30 airplanes. The NPRM published in the Federal Register on 
July 18, 2014 (79 FR 41943). The NPRM was prompted by reports of cracks 
emanating from the aft-most barrel nut holes of the left and right 
upper rear spar caps of the horizontal stabilizer. The NPRM proposed to 
require repetitive high frequency eddy current (ETHF) inspections for 
cracks in the

[[Page 72969]]

areas around the two aft-most barrel nut holes of the upper rear spar 
caps, and corrective action if necessary; and repetitive ETHF 
inspections for cracks in the areas around the two aft-most barrel nut 
holes of any repaired or replaced upper rear spar cap, and corrective 
actions if necessary. We are issuing this AD to detect and correct such 
cracks, which could propagate until the upper rear spar cap severs, and 
result in failure of the horizontal stabilizer upper center or aft skin 
panel and adversely affect the structural integrity of the airplane.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We have considered the comment received. Boeing supported the 
NPRM (79 FR 41943, July 18, 2014).

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD as proposed, except for minor editorial changes. We have 
determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (79 FR 41943, July 18, 2014) for correcting the unsafe condition; 
and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (79 FR 41943, July 18, 2014).

Costs of Compliance

    We estimate that this AD affects 52 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per      Cost on  U.S.
            Action                       Labor cost               Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Inspection...................  9 work-hours x $85 per hour =           $1,410   $2,175 per       Up to $113,100
                                $765 per inspection cycle.                       inspection       per inspection
                                                                                 cycle.           cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary repairs and 
replacements 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 and replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
              Action                            Labor cost                   Parts cost        Cost per product
----------------------------------------------------------------------------------------------------------------
Repair (per side)................  368 work[dash]hours x $85 per hour   Up to $90,129......  Up to $121,409.
                                    = $31,280.
Replacement......................  368 work[dash]hours x $85 per hour   $81,764............  $113,044.
                                    = $31,280.
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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

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):

2014-24-04 The Boeing Company: Amendment 39-18037; Docket No. FAA-
2014-0450; Directorate Identifier 2013-NM-250-AD.

(a) Effective Date

    This AD is effective January 13, 2015.

(b) Affected ADs

    None.

(c) Applicability

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

(d) Subject

    Air Transport Association (ATA) of America Code Stabilizers, 55.

(e) Unsafe Condition

    This AD was prompted by reports of cracks emanating from the 
aft-most barrel nut holes of the left and right upper rear spar caps 
of

[[Page 72970]]

the horizontal stabilizer. We are issuing this AD to detect and 
correct such cracks, which could propagate until the upper rear spar 
cap severs, and result in failure of the horizontal stabilizer upper 
center or aft skin panel and adversely affect the structural 
integrity of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Inspection

    At the applicable compliance time specified in paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin MD90-55A017, dated 
September 27, 2013, except as provided by paragraph (j) of this AD: 
Do a high frequency eddy current inspection (ETHF) for cracks in the 
areas around the two aft-most barrel nut holes of the upper rear 
spar cap; and do all applicable corrective actions; in accordance 
with the Accomplishment Instructions of Boeing Alert Service 
Bulletin MD90-55A017, dated September 27, 2013. Thereafter, repeat 
the ETHF inspection at the applicable time specified in paragraph 
1.E., ``Compliance,'' of Boeing Alert Service Bulletin MD90-55A017, 
dated September 27, 2013. Do all corrective actions before further 
flight.

(h) Post-Repair/Replacement Actions

    For airplanes on which a splice repair or replacement was done 
as specified in Boeing Alert Service Bulletin MD90-55A017: At the 
applicable compliance time specified in paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin MD90-55A017, dated 
September 27, 2013, do an ETHF inspection for cracks at the two aft-
most barrel nut holes of any repaired or replaced upper rear spar 
cap, in accordance with the Accomplishment Instructions of Boeing 
Alert Service Bulletin MD90-55A017, dated September 27, 2013. 
Thereafter, repeat the ETHF inspection at the applicable time 
specified in paragraph 1.E., ``Compliance,'' of Boeing Alert Service 
Bulletin MD90-55A017, dated September 27, 2013. If any cracking is 
found, before further flight, do the repair or replacement, in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin MD90-55A017, dated September 27, 2013.

(i) Post-Repair Inspections

    The post-repair inspections of the upper rear spar cap of the 
aft flange that has been splice-repaired specified in Table 1 of 
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 
MD90-55A017, dated September 27, 2013, are not required by this AD.

    Note 1 to paragraph (i) of this AD: The damage tolerance 
inspections (post-repair inspections of the upper rear spar cap aft 
flange) specified in Table 1 of paragraph 1.E., ``Compliance,'' of 
Boeing Alert Service Bulletin MD90-55A017, dated September 27, 2013, 
may be used in support of compliance with Section 121.1109(c)(2) or 
129.109(b)(2) of the Federal Aviation Regulations (14 CFR 
121.1109(c)(2) or 14 CFR 129.109(b)(2)). The corresponding actions 
specified in the Accomplishment Instructions of Boeing Alert Service 
Bulletin MD90-55A017, dated September 27, 2013, are not required by 
this AD.

(j) Exception to the Service Information

    Where Boeing Alert Service Bulletin MD90-55A017, dated September 
27, 2013, specifies a compliance time ``after the original issue 
date of this service bulletin,'' this AD requires compliance within 
the specified compliance time after the effective date of this AD.

(k) 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 paragraph (l) of this AD. 
Information may be emailed to: <a href="/cdn-cgi/l/email-protection#71485c303f3c5c3d3030323e5c303c3e325c2334202434222522311710105f161e07"><span class="__cf_email__" data-cfemail="9aa3b7dbd4d7b7d6dbdbd9d5b7dbd7d5d9b7c8dfcbcfdfc9cec9dafcfbfbb4fdf5ec">[email protected]</span></a>.
    (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.

(l) Related Information

    For more information about this AD, contact George Garrido, 
Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles 
Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, 
CA 90712-4137; phone: 562-627-5357; fax: 562-627-5210; email: 
<a href="/cdn-cgi/l/email-protection#0d6a68627f6a68236a6c7f7f6469624d6b6c6c236a627b"><span class="__cf_email__" data-cfemail="c9aeaca6bbaeace7aea8bbbba0ada689afa8a8e7aea6bf">[email protected]</span></a>.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin MD90-55A017, dated September 
27, 2013.
    (ii) Reserved.
    (3) For Boeing 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.
    (4) You may view this service information at FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425 227-1221.
    (5) You may view this service information that is incorporated 
by reference 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/ibr-locations.html.

    Issued in Renton, Washington, on November 19, 2014.
Suzanne Masterson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-28145 Filed 12-8-14; 8:45 am]
BILLING CODE 4910-13-P


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