[Federal Register Volume 79, Number 247 (Wednesday, December 24, 2014)]
[Rules and Regulations]
[Pages 77376-77378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30131]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0981; Directorate Identifier 2013-NM-032-AD; 
Amendment 39-18036; AD 2014-24-03]
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 superseding Airworthiness Directive (AD) 97-11-07 and 
AD 99-18-23, which apply to all The Boeing Company Model MD-90-30 
airplanes. AD 97-11-07 and AD 99-18-23 required revising the 
Airworthiness Limitations Section (ALS) of the Instructions for 
Continued Airworthiness to incorporate certain compliance times for 
principal structural element (PSE) inspections and replacement times 
for safe-life limited parts. This new AD also requires revising the 
maintenance or inspection program to incorporate a new PSE requirement 
for the rear spar caps of the horizontal stabilizer and its associated 
inspections, which would terminate certain inspections of the 
horizontal stabilizer rear spar. This AD was prompted by an analysis of 
data that identified a need to introduce a new PSE requirement for the 
rear spar caps of the horizontal stabilizer. We are issuing this AD to 
detect and correct fatigue cracking of PSEs and certain safe-life 
limited parts, which could adversely affect the structural integrity of 
the airplane.

DATES: This AD is effective January 27, 2015.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 27, 
2015.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of 
October 8, 1999 (64 FR 48284, September 3, 1999).

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-2013-
0981; 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: Roger Durbin, Airframe Branch, ANM-
120L, FAA, Los Angeles Aircraft Certification Office (ACO), 3960 
Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5233; fax: 
562-627-5210; email: <a href="/cdn-cgi/l/email-protection#f68499919384d8928384949f98b6909797d8919980"><span class="__cf_email__" data-cfemail="65170a0200174b011017070c0b250304044b020a13">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to supersede AD 97-11-07, Amendment 39-10036 (62 FR 27941, May 
22, 1997); and AD 99-18-23, Amendment 39-11289 (64 FR 48284, September 
3, 1999). AD 97-11-07 and AD 99-18-23 applied to all The Boeing Company 
Model MD-90-30 airplanes. The NPRM published in the Federal Register on 
December 9, 2013 (78 FR 73739). An action to reopen the comment period 
was issued on April 4, 2014 (79 FR 20138, April 11, 2014). The NPRM was 
prompted by an analysis of data that identified a need to introduce a 
new PSE requirement for the rear spar caps of the horizontal 
stabilizer. The NPRM proposed to continue to require revising the 
maintenance or inspection program to incorporate certain compliance 
times for PSE inspections and replacement times for safe-life limited 
parts. The NPRM also proposed to require revising the maintenance or 
inspection program to incorporate a new PSE requirement for the rear 
spar caps of the horizontal stabilizer and its associated inspections. 
We are issuing this AD to detect and correct fatigue cracking of PSEs 
and certain safe-life limited parts, which could 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. One commenter, a 
private individual, supported the NPRM (78 FR 73739, December 9, 2013).

Explanation of Changes Made to This AD

    In the NPRM (78 FR 73739, December 9, 2013), we referred to 
McDonnell Douglas Airworthiness Limitations Instructions (ALI), Report 
No. MDC-94K9000, Revision 1, dated January 1995; or McDonnell Douglas 
Airworthiness Limitations Instructions (ALI), Report No. MDC-94K9000, 
Revision 2, dated July 1996; as the appropriate sources of service 
information for certain requirements retained from AD 97-11-07, 
Amendment 39-10036 (62 FR 27941, May 22, 1997). We have changed 
paragraphs (g) and (h) of this AD by removing these references because 
this service information is out of date and no longer available. 
Instead, we have provided the option of using a method approved by the 
FAA to accomplish the actions in those paragraphs. We have also added a 
new paragraph (n) to this AD to provide credit for previous actions 
done using these earlier revisions. We have redesignated subsequent 
paragraphs accordingly.
    We have also replaced the text ``alternative inspections and 
inspection intervals'' specified in paragraph (k) of the proposed AD 
(78 FR 73739, December 9, 2013) with the text ``alternative replacement 
times'' in paragraph (k) of this AD in order to clarify that no 
alternative replacement times for certain safe-life limited parts may 
be approved, except as provided by paragraphs (l) and (o) of this AD.

[[Page 77377]]

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the changes described previously and minor editorial 
changes. We have determined that these minor changes:

    <bullet> Are consistent with the intent that was proposed in the 
NPRM (78 FR 73739, December 9, 2013) for correcting the unsafe 
condition; and
    <bullet> Do not add any additional burden upon the public than 
was already proposed in the NPRM (78 FR 73739, December 9, 2013).

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
----------------------------------------------------------------------------------------------------------------
Revise airworthiness limitations      1 work-hour x 85 per hour                0              85           4,420
 [retained actions from AD 97-11-07,   = 85.
 Amendment 39-10036 (62 FR 27941,
 May 22, 1997).
Revise airworthiness limitations      1 work-hour x 85 per hour                0              85           4,420
 [retained actions from AD 99-18-23,   = 85.
 Amendment 39-11289 (64 FR 48284,
 September 3, 1999).
Revise airworthiness limitations      1 work-hour x 85 per hour                0              85           4,420
 [new action].                         = 85.
----------------------------------------------------------------------------------------------------------------

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 have determined that 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
0
a. Removing Airworthiness Directive (AD) 97-11-07, Amendment 39-10036 
(62 FR 27941, May 22, 1997); and AD 99-18-23, Amendment 39-11289 (64 FR 
48284, September 3, 1999); and
0
b. Adding the following new AD:

2014-24-03 The Boeing Company: Amendment 39-18036; Docket No. FAA-
2013-0981; Directorate Identifier 2013-NM-032-AD.

(a) Effective Date

    This AD is effective January 27, 2015.

(b) Affected ADs

    This AD replaces AD 97-11-07, Amendment 39-10036 (62 FR 27941, 
May 22, 1997); and AD 99-18-23, Amendment 39-11289 (64 FR 48284, 
September 3, 1999).

(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 51, Standard 
Practices/Structures; Code 55, Stabilizers.

(e) Unsafe Condition

    This AD was prompted by an analysis of data that identified a 
need to introduce a new principal structural element (PSE) 
requirement for the rear spar caps of the horizontal stabilizer. We 
are issuing this AD to detect and correct fatigue cracking of PSEs 
and certain safe-life limited parts, which could adversely affect 
the structural integrity of the airplane.

(f) Compliance

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

(g) Retained Revision of Airworthiness Limitations: Paragraph (a) of AD 
97-11-07, Amendment 39-10036 (62 FR 27941, May 22, 1997)

    This paragraph restates the requirements of paragraph (a) of AD 
97-11-07, Amendment 39-10036 (62 FR 27941, May 22, 1997). Within 180 
days after June 26, 1997 (the effective date of AD 97-11-07), revise 
the Airworthiness Limitations Section of the Instructions for 
Continued Airworthiness to incorporate the Item, Location, and 
Inspection Interval of PSEs identified in paragraphs (g)(1) through 
(g)(3) of this AD. This may be accomplished by inserting a copy of 
this AD into the ALI, or by using a method approved by the Manager, 
Los Angeles Aircraft Certification Office (ACO), FAA.
    (1) For Item 53.30.02.3 at Skin Panels, station (STA) 237 to 
1395 Fuselage Skin in Constant Section from Longeron 3 Left to 
Longeron 3 Right: the initial interval is 60,000 landings. Repeat 
the inspection thereafter at intervals not to exceed 11,000 
landings.
    (2) For Item 53.30.02.4 at Skin Panels, STA 237 to 1395 Fuselage 
Hoop Skin Splice in Constant Section from Longeron 5 Left to 
Longeron 5 Right: the initial interval is 60,000 landings. Repeat 
the inspection

[[Page 77378]]

thereafter at intervals not to exceed 30,000 landings.
    (3) For Item 54.10.04.1 at Thrust Bulkhead, Pylon--STA Yn 
170.5--Rear Spar and Engine Thrust Support Fitting (Upper and 
Lower): the initial interval is 15,000 landings. Repeat the 
inspection thereafter at intervals not to exceed 4,500 landings.

(h) Retained Revision of Airworthiness Limitations: Paragraph (b) of AD 
97-11-07, Amendment 39-10036 (62 FR 27941, May 22, 1997)

    This paragraph restates the requirements of paragraph (b) of AD 
97-11-07, Amendment 39-10036 (62 FR 27941, May 22, 1997). Within 180 
days after June 26, 1997 (the effective date of AD 97-11-07), revise 
the Airworthiness Limitations Section of the Instructions for 
Continued Airworthiness to incorporate the Item, Location, and 
Inspection Interval of PSE 55.13.01.1 at Plates/Skin--Upper STA Xh 
27.2 Left to Xh 27.2 Right--Upper Aft Skin Plank with Integral 
Stringers from Xh 7.234 to Xh 26.859. The initial interval is 60,000 
landings. Repeat the inspection thereafter at intervals not to 
exceed 8,100 landings. This may be accomplished by inserting a copy 
of this AD into the ALI, or using a method approved by the Manager, 
Los Angeles ACO, FAA.

(i) Retained Restriction on Alternative Inspections and Inspection 
Intervals: Paragraph (c) of AD 97-11-07, Amendment 39-10036 (62 FR 
27941, May 22, 1997)

    This paragraph restates the restriction on alternative 
inspections and inspection intervals required by paragraph (c) of AD 
97-11-07, Amendment 39-10036 (62 FR 27941, May 22, 1997). Except as 
provided by paragraphs (l) and (o) of this AD: After the actions 
required by paragraphs (g) and (h) of this AD have been 
accomplished, no alternative inspections or inspection intervals may 
be approved for the parts specified in paragraphs (g) and (h) of 
this AD.

(j) Retained Revision of Airworthiness Limitations of Safe-Life Limited 
Parts: Paragraph (a) of AD 99-18-23, Amendment 39-11289 (64 FR 48284, 
September 3, 1999)

    This paragraph restates the requirements of paragraph (a) of AD 
99-18-23, Amendment 39-11289 (64 FR 48284, September 3, 1999). 
Within 180 days after October 8, 1999 (the effective date of AD 99-
18-23, Amendment 39-48284 (64 FR 48284, September 3, 1999)), revise 
the Airworthiness Limitations Section of the Instructions for 
Continued Airworthiness to incorporate the Part Number, Item, and 
Mandatory Replacement Time of certain safe-life limited parts by 
inserting McDonnell Douglas Airworthiness Limitations Instructions 
(ALI), Report No. MDC-94K9000, Revision 3, dated November 1997, into 
the ALI.

(k) Retained Restriction on Alternative Replacement Times: Paragraph 
(b) of AD 99-18-23, Amendment 39-11289 (64 FR 48284, September 3, 1999)

    This paragraph restates the restriction on alternative 
replacement times required by paragraph (b) of AD 99-18-23, 
Amendment 39-11289 (64 FR 48284, September 3, 1999). Except as 
provided by paragraphs (l) and (o) of this AD: After the actions 
required by paragraph (j) of this AD have been accomplished, no 
alternative replacement times may be approved for the safe-life 
limited parts specified in McDonnell Douglas Airworthiness 
(Airworthiness Limitations Instructions (ALI) Report No. MDC-
94K9000, Revision 3, dated November 1997.

(l) New Requirements of This AD: Revision of the Maintenance Program

    Within 180 days after the effective date of this AD, revise the 
maintenance or inspection program, as applicable, to incorporate the 
tasks specified in Boeing MD-90 Airworthiness Limitations 
Instructions (ALI), Report No. MDC-94K9000, Revision 6, dated 
September 2011. The compliance times for the initial compliance time 
and repetitive intervals for the tasks are stated in Boeing MD-90 
Airworthiness Limitations Instructions (ALI), Report No. MDC-
94K9000, Revision 6, dated September 2011. Doing the revision 
required by this paragraph terminates the revisions required by 
paragraphs (g), (h), and (j) of this AD.

(m) New Restriction on Alternative Actions and Intervals

    After accomplishing the revision required by paragraph (l) of 
this AD, no alternative actions (e.g., inspections) or intervals may 
be used unless the actions or intervals are approved as an AMOC in 
accordance with the procedures specified in paragraph (o) of this 
AD.

(n) Credit for Previous Actions

    (1) This paragraph provides credit for the actions required by 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using McDonnell Douglas Airworthiness 
Limitations Instructions (ALI), Report No. MDC-94K9000, Revision 1, 
dated January 1995.
    (2) This paragraph provides credit for the actions required by 
paragraph (h) of this AD, if those actions were performed before the 
effective date of this AD using McDonnell Douglas ALI, Report No. 
MDC-94K9000, Revision 2, dated July 1996.

(o) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles 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 (p) 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 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 the approval must 
specifically refer to this AD.
    (4) AMOCs approved previously for AD 97-11-07, Amendment 39-
10036 (62 FR 27941, May 22, 1997); and AD 99-18-23, Amendment 39-
11289 (64 FR 48284, September 3, 1999); are approved as AMOCs for 
the corresponding provisions of this AD.

(p) Related Information

    For more information about this AD, contact Roger Durbin, 
Airframe Branch, ANM-120L, FAA, Los Angeles ACO, 3960 Paramount 
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5233; fax: 562-
627-5210; email: <a href="/cdn-cgi/l/email-protection#cfbda0a8aabde1abbabdada6a18fa9aeaee1a8a0b9"><span class="__cf_email__" data-cfemail="fa88959d9f88d49e8f88989394ba9c9b9bd49d958c">[email protected]</span></a>.

(q) 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.
    (3) The following service information was approved for IBR on 
January 27, 2015.
    (i) Boeing MD-90 Airworthiness Limitations Instructions (ALI), 
Report No. MDC-94K9000, Revision 6, dated September 2011.
    (ii) Reserved.
    (4) The following service information was approved for IBR on 
October 8, 1999 (64 FR 48284, September 3, 1999).
    (i) McDonnell Douglas Airworthiness Limitations Instructions 
(ALI) Report No. MDC-94K9000, Revision 3, dated November 1997.
    (ii) Reserved.
    (5) 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.
    (6) 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.
    (7) 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. 2014-30131 Filed 12-23-14; 8:45 am]
BILLING CODE 4910-13-P


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