[Federal Register Volume 82, Number 167 (Wednesday, August 30, 2017)]
[Rules and Regulations]
[Pages 41160-41163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18165]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0503; Product Identifier 2017-NM-032-AD; Amendment 
39-19009; AD 2017-17-19]
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 DC-9-81 (MD-

[[Page 41161]]

81), DC-9-82 (MD-82), DC-9-83 (MD-83), and DC-9-87 (MD-87) airplanes, 
and Model MD-88 airplanes. This AD was prompted by reports of cracking 
of various structures in the bulkhead. This AD requires an inspection 
for cracking in these structures, and corrective actions if necessary. 
We are issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective October 4, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 4, 
2017.

ADDRESSES: For service information identified in this final rule, 
contact Boeing Commercial Airplanes, Attention: Contractual & Data 
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 
90740-5600; telephone 562-797-1717; Internet https://www.myboeingfleet.com. You may view this service information at the 
FAA, Transport Standards Branch, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 425-
227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0509.

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-2017-
0503; 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 final rule, 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 Section, FAA, Los Angeles ACO Branch, 3960 Paramount 
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5232; fax: 562-627-
5210; email: <a href="/cdn-cgi/l/email-protection#3156545e4356541f5650434358555e715750501f565e47"><span class="__cf_email__" data-cfemail="0b6c6e64796c6e256c6a7979626f644b6d6a6a256c647d">[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 DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), and DC-9-87 
(MD-87) airplanes, and Model MD-88 airplanes. The NPRM published in the 
Federal Register on June 2, 2017 (82 FR 25547). The NPRM was prompted 
by reports of cracking of various structures in the bulkhead. The NPRM 
proposed to require an inspection for cracking in these structures, and 
corrective actions if necessary. We are issuing this AD to detect and 
correct cracking at the cant station 1463 bulkhead and cant station 
1254 bulkhead, which could result in reduced structural integrity of 
the airplane.

Comments

    We gave the public the opportunity to participate in developing 
this final rule. The following presents the comments received on the 
NPRM and the FAA's response to each comment.

Support for the NPRM

    Boeing stated that it appreciates the credit for actions done prior 
to the effective date of the AD specified in paragraph (i) of the 
proposed AD.

Request To Clarify Location of Crack Findings

    Boeing requested that we revise the Discussion section to add the 
vertical stabilizer location in the sentence ``The cracks were in the 
upper left area of the bulkhead, between longerons L-2 and L-3, in the 
frame web, horizontal stiffeners, lower frame cap, [vertical 
stabilizer] rear spar cap, and spar cap web.''
    We partially agree with Boeing's request. The added wording does 
accurately indicate the cracking location. However, this description is 
not repeated in this final rule. Therefore, no change is needed in this 
regard.

Requests To Revise Inspection Locations for Affected Airplanes

    Boeing and Delta Airlines (DAL) requested that we revise paragraph 
(g) of the proposed AD to include Model MD-88 airplanes in the cant 
station 1463 bulkhead group instead of the cant station 1254 bulkhead 
group. The commenters explained that Model MD-88 airplanes share the 
same fuselage length (and hence, station numbers) as Model DC-9-81, DC-
9-82, and DC-9-83 airplanes. The commenters also request that, with the 
requested change to paragraph (g) of the proposed AD, we remove 
paragraph (h)(1) of the proposed AD since there would be no need for 
that exception to the service information.
    We agree with the commenters' requests. The cant station 1463 
bulkhead is correct for Model MD-88 airplanes. This group revision does 
not change the overall scope of the actions required for Model MD-88 
airplanes. We agree that the service information exception in paragraph 
(h)(1) of the proposed AD is no longer needed. We have revised the 
Model MD-88 grouping in paragraph (g) of this AD, removed paragraph 
(h)(1) of the proposed AD, and redesignated paragraph (h)(2) of the 
proposed AD as paragraph (h) in this AD.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this final rule 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 for correcting the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin MD80-53A316, dated 
December 15, 2016. The service information describes procedures for a 
detailed inspection on the left and right sides of the forward and aft 
surfaces of cant station 1463 bulkhead and cant station 1254 bulkhead 
for cracking in the upper caps, upper cap doublers, bulkhead webs and 
doublers, stiffeners, lower caps, and vertical stabilizer rear spar 
caps and webs, between longerons L-11L through L-11R, and corrective 
actions. This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD will affect 361 airplanes of U.S. 
registry. We estimate the following costs to comply with this AD:

[[Page 41162]]



                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection.........................  3 work-hours x $85 per hour              $0            $255         $92,055
                                      = $255.
----------------------------------------------------------------------------------------------------------------

    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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes to 
the Director of the System Oversight Division.

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):

2017-17-19 The Boeing Company: Amendment 39-19009; Docket No. FAA-
2017-0503; Product Identifier 2017-NM-032-AD.

(a) Effective Date

    This AD is effective October 4, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model DC-9-81 (MD-81), 
DC-9-82 (MD-82), DC-9-83 (MD-83), and DC-9-87 (MD-87) airplanes, and 
Model MD-88 airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 53; Fuselage.

(e) Unsafe Condition

    This AD was prompted by reports of cracking of various 
structures at the cant station 1463 bulkhead and at the cant station 
1254 bulkhead. We are issuing this AD to detect and correct cracking 
at the cant station 1463 bulkhead and cant station 1254 bulkhead, 
which could result in reduced structural integrity of the airplane.

(f) Compliance

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

(g) Inspection and Corrective Action

    Within 700 flight cycles or 6 months after the effective date of 
this AD, whichever occurs first, do a detailed inspection for 
cracking on the left and right sides of the forward and aft surfaces 
of the cant station 1463 bulkhead (for Model DC-9-81 (MD-81), DC-9-
82 (MD-82), and DC-9-83 (MD-83) airplanes, and Model MD-88 
airplanes) and cant station 1254 bulkhead (for Model DC-9-87 (MD-87) 
airplanes); and do all applicable corrective actions; in accordance 
with the Accomplishment Instructions of Boeing Alert Service 
Bulletin MD80-53A316, dated December 15, 2016, except as required in 
paragraph (h) of this AD. Do all applicable corrective actions 
before further flight.

(h) Exception to Service Information

    Where Boeing Alert Service Bulletin MD80-53A316, dated December 
15, 2016, specifies to contact Boeing for appropriate action and 
specifies that action as ``RC'' (Required for Compliance): Before 
further flight, repair the cracking using a method approved in 
accordance with the procedures specified in paragraph (k) of this 
AD.

(i) Credit for Previous Actions

    This paragraph provides credit for the actions specified in 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using Boeing Multi Operator Message MOM-
MOM-16-0684-01B, dated October 7, 2016.

(j) Special Flight Permit

    Special flight permits, as described in Section 21.197 and 
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197 
and 21.199), may be issued to operate the airplane to a location 
where the requirements of this AD can be accomplished, but 
concurrence by the Manager, Los Angeles ACO Branch, FAA, is required 
before issuance of the special flight permit.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO Branch, 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 certification office, 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#6e57432f202343222f2f2d21432f23212d433c0b1f1b0b1d1a1d2e080f0f40090118"><span class="__cf_email__" data-cfemail="053c28444b4828494444464a2844484a46285760747060767176456364642b626a73">[email protected]</span></a>.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector,

[[Page 41163]]

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, modification, or alteration 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 Branch, to make those findings. To be 
approved, the repair method, modification deviation, or alteration 
deviation must meet the certification basis of the airplane, and the 
approval must specifically refer to this AD.
    (4) Except as required by paragraph (h) of this AD: For service 
information that contains steps that are labeled as Required for 
Compliance (RC), the provisions of paragraphs (k)(4)(i) and 
(k)(4)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD. If a step or substep is labeled ``RC Exempt,'' then the 
RC requirement is removed from that step or substep. An AMOC is 
required for any deviations to RC steps, including substeps and 
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining approval of an AMOC, provided the RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition.

(l) Related Information

    (1) For more information about this AD, contact George Garrido, 
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5232; fax: 562-627-5210; email: <a href="/cdn-cgi/l/email-protection#7017151f0217155e1711020219141f301611115e171f06"><span class="__cf_email__" data-cfemail="cea9aba1bca9abe0a9afbcbca7aaa18ea8afafe0a9a1b8">[email protected]</span></a>.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (m)(3) and (m)(4) of this AD.

(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 MD80-53A316, dated December 
15, 2016.
    (ii) Reserved.
    (3) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Contractual & Data Services 
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; Internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport 
Standards Branch, 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 August 17, 2017.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2017-18165 Filed 8-29-17; 8:45 am]
BILLING CODE 4910-13-P


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