Proposed Rule2022-19901
Airworthiness Directives; The Boeing Company Airplanes
Primary source
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Published
September 15, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2007-10-04, which applies to all McDonnell Douglas 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. AD 2007-10-04 requires repetitive inspections to detect cracks in the horizontal stabilizer, and related investigative and corrective actions if necessary. Since the FAA issued AD 2007-10-04, it has been determined that certain compliance times and repetitive intervals must be reduced to address the unsafe condition. This proposed AD continues to require the actions specified in AD 2007-10-04 with revised compliance times for certain actions. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 87 Issue 178 (Thursday, September 15, 2022)</title>
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[Federal Register Volume 87, Number 178 (Thursday, September 15, 2022)]
[Proposed Rules]
[Pages 56593-56596]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19901]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 87, No. 178 / Thursday, September 15, 2022 /
Proposed Rules
[[Page 56593]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1050; Project Identifier AD-2021-01257-T]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2007-10-04, which applies to all McDonnell Douglas 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. AD 2007-10-04 requires repetitive inspections to detect
cracks in the horizontal stabilizer, and related investigative and
corrective actions if necessary. Since the FAA issued AD 2007-10-04, it
has been determined that certain compliance times and repetitive
intervals must be reduced to address the unsafe condition. This
proposed AD continues to require the actions specified in AD 2007-10-04
with revised compliance times for certain actions. The FAA is proposing
this AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by October 31,
2022.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> 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.
<bullet> Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this NPRM, 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 <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>. You may
view this service information at the FAA, Airworthiness Products
Section, Operational Safety Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call 206-231-3195. It is also available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>
by searching for and locating Docket No. FAA-2022-1050.
Examining the AD Docket
You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2022-1050; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, any comments
received, and other information. The street address for Docket
Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Sean Newell, Aerospace Engineer,
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5266; email:
<a href="/cdn-cgi/l/email-protection#217244404f0f6c0f6f4456444d4d614740400f464e57"><span class="__cf_email__" data-cfemail="0f5c6a6e61214221416a786a63634f696e6e21686079">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-1050; Project Identifier
AD-2021-01257-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this proposed AD.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Sean
Newell, Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO
Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-
627-5266; email: <a href="/cdn-cgi/l/email-protection#0c5f696d6222412242697b6960604c6a6d6d226b637a"><span class="__cf_email__" data-cfemail="83d0e6e2edadceadcde6f4e6efefc3e5e2e2ade4ecf5">[email protected]</span></a>. Any commentary that the FAA
receives that is not specifically designated as CBI will be placed in
the public docket for this rulemaking.
Background
The FAA issued AD 2007-10-04, Amendment 39-15045 (72 FR 25960, May
8, 2007) (AD 2007-10-04), for all McDonnell Douglas 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. AD 2007-10-04 was prompted by reports of cracks found in the
horizontal stabilizer in the upper and lower aft skin panels at the aft
inboard corner at station XH = 8.2 and in the rear spar upper caps
adjacent to the aft skin panel at station XH = 10.0. AD 2007-10-04
requires repetitive inspections to detect cracks in the horizontal
stabilizer, and related investigative and corrective actions if
necessary. The FAA issued AD 2007-10-04 to detect and correct cracks in
the
[[Page 56594]]
upper and lower aft skin panels and rear spar upper caps, which, if not
corrected, could lead to the loss of overall structural integrity of
the horizontal stabilizer.
Actions Since AD 2007-10-04 Was Issued
Since the FAA issued AD 2007-10-04, it has been determined that
certain compliance times and repetitive intervals must be reduced for
the high frequency eddy current (HFEC) surface and open hole
inspections of the rear spar upper caps. The FAA received a report from
Boeing of a crack found along fasteners in the upper rear spar that was
longer than two inches during an inspection of the horizontal rear spar
upper cap on a Model DC-9-82 (MD-82) airplane with 69,799 flight hours
and 38,520 flight cycles. The crack was discovered prior to the
compliance time intervals for the repetitive inspections required by AD
2007-10-04; it was determined that certain compliance times do not
provide at least two opportunities to reliably detect dual origin
cracks before they reach critical length.
In addition, since the FAA issued AD 2007-10-04, the legal name of
the manufacturer has been changed from McDonnell Douglas Corporation to
The Boeing Company on the most recent type certificate data sheet for
the affected airplane models.
FAA's Determination
The FAA is issuing this NPRM after determining that the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Boeing Alert Service Bulletin MD80-55A065,
Revision 2, dated October 11, 2021. This service information specifies
procedures for repetitive eddy current inspections (HFEC or low
frequency eddy current inspections, as applicable) of the horizontal
stabilizer; and applicable corrective actions. Corrective actions
include stop drilling the end of the crack, trimming out the crack and
installing filler, installing a horizontal stabilizer upper and lower
aft skin panel splice, replacing the horizontal stabilizer upper and
lower aft skin panel, installing bushings and cold working holes,
removing the crack and performing a repair, replacing the horizontal
stabilizer rear spar upper cap splice, and replacing the splice repair
with a new horizontal stabilizer rear spar upper cap.
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.
Proposed AD Requirements in This NPRM
Although this proposed AD does not explicitly restate the
requirements of AD 2007-10-04, this proposed AD would retain all
requirements of AD 2007-10-04. Those requirements are referenced in the
service information identified previously, which, in turn, is
referenced in paragraph (g) of this proposed AD. This proposed AD would
also reduce certain compliance times. This proposed AD would also
require accomplishing the actions specified in the service information
described previously. Alternative methods of compliance (AMOCs)
previously approved for AD 2007-10-04 are approved for the
corresponding provisions of Boeing Alert Service Bulletin MD80-55A065,
dated April 25, 2007, that are required by paragraph (g) of this
proposed AD. However, the following AMOCs are canceled as they
reference specific inspection intervals that now fall outside of the
new inspections requirements:
<bullet> FAA Letter Number 120L-14-226a, dated January 29, 2015.
<bullet> FAA Letter Number 120L-15-384b, dated November 2, 2015.
<bullet> FAA Letter Number 120L-10-345, dated August 3, 2010.
For information on the procedures and compliance times, see this
service information at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and
locating Docket No. FAA-2022-1050.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 22 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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Inspections (retained actions 8 work-hours x $85 $0 $680, per $14,960 per
from AD 2007-10-04). per hour = $680, inspection cycle. inspection cycle.
per inspection
cycle.
Inspections (new proposed action) Up to 20 work-hours 0 Up to $1,700 per Up to $37,400 per
x $85 per hour = inspection cycle. inspection cycle.
$1,700 per
inspection cycle.
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The FAA estimates the following costs to do any necessary
corrective actions (e.g., repairs, replacements, installation) that
would be required based on the results of the proposed inspection. The
FAA has no way of determining the number of aircraft that might need
these corrective actions:
On-Condition Costs
----------------------------------------------------------------------------------------------------------------
Action Labor cost Parts cost Cost per product
----------------------------------------------------------------------------------------------------------------
Repair, replacement and Up to 656 work-hours Up to $128,892............ Up to $184,652.
installation of upper or lower x $85 per hour =
aft skin panel or splice. $55,760.
Stop drill repair................. 4 work-hours x $85 $0........................ $340.
per hour = $340.
Trim out.......................... 8 work-hours x $85 $0........................ $680.
per hour = $680.
Install bushings and cold work.... 26 work-hours x $85 $9,827.................... $12,037.
per hour = $2,210.
Crack removal and repair.......... 6 work hours x $85 $2,033.................... $2,543.
per hour = $510.
Replace rear spar upper cap....... 368 work-hours x $85 $36,402................... $67,682.
per hour = $31,280.
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[[Page 56595]]
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.
The FAA is 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
The FAA has 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 that the proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would 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.
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
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) 2007-10-04, Amendment 39-15045
(72 FR 25960, May 8, 2007), and
0
b. Adding the following new AD:
The Boeing Company: Docket No. FAA-2022-1050; Project Identifier AD-
2021-01257-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) action by October 31, 2022.
(b) Affected ADs
This AD replaces AD 2007-10-04, Amendment 39-15045 (72 FR 25960,
May 8, 2007) (AD 2007-10-04).
(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), DC-9-87 (MD-87), and MD-88
airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 55, Stabilizers.
(e) Unsafe Condition
This AD was prompted by reports of cracks found in the
horizontal stabilizer in the upper and lower aft skin panels at the
aft inboard corner at station XH = 8.2 and in the rear spar upper
caps adjacent to the aft skin panel at station XH = 10.0; and by a
determination that certain compliance times and inspection intervals
must be reduced. The FAA is issuing this AD to detect and correct
cracks in the upper and lower aft skin panels and rear spar upper
caps, which, if not corrected, could lead to the loss of overall
structural integrity of the horizontal stabilizer.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Repetitive Inspections and Corrective Actions
Except as specified in paragraph (h) of this AD: At the
applicable times specified in paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin MD80-55A065, Revision 2, dated October
11, 2021, do an eddy current inspection to detect any cracking in
the horizontal stabilizer and do all applicable repetitive
inspections and corrective actions, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin MD80-
55A065, Revision 2, dated October 11, 2021. Do all applicable
repetitive inspections and corrective actions at the times specified
in paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
MD80-55A065, Revision 2, dated October 11, 2021.
(h) Exceptions to Service Information Specifications
(1) Where the Compliance Time columns of the tables in paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin MD80-55A065,
Revision 2, dated October 11, 2021, use the phrase ``the original
issue date of this service bulletin,'' this AD requires using May
23, 2007 (the effective date of AD 2007-10-04).
(2) Where the Compliance Time columns of the tables in paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin MD80-55A065,
Revision 2, dated October 11, 2021, use the phrase ``the Revision 2
date of this service bulletin,'' this AD requires using ``the
effective date of this AD.''
(i) Credit for Previous Actions
(1) 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 Alert Service Bulletin MD80-
55A065, dated April 25, 2007. This service information was
incorporated by reference in AD 2007-10-04, Amendment 39-15045 (72
FR 25960, May 8, 2007).
(2) 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 Alert Service Bulletin MD80-
55A065, Revision 1, dated September 23, 2008. This service
information is not incorporated by reference in this AD.
(j) 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 responsible Flight Standards
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 (k)(1) of this AD. Information may be
emailed to: <a href="/cdn-cgi/l/email-protection#033a2e424d4e2e4f4242404c2e424e4c402e5166727666707770436562622d646c75"><span class="__cf_email__" data-cfemail="437a6e020d0e6e0f0202000c6e020e0c006e1126323626303730032522226d242c35">[email protected]</span></a>.
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards 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 Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Los
Angeles ACO Branch, FAA, 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) AMOCs approved for AD 2007-10-04 are approved as AMOCs for
the corresponding provisions of Boeing Alert Service Bulletin MD80-
55A065, dated April 25, 2007, that are required by paragraph (g) of
this AD, except the AMOCs specified in paragraphs (j)(4)(i) through
(iii) of this AD are not approved as AMOCs for this AD.
(i) FAA Letter Number 120L-14-226a, dated January 29, 2015.
(ii) FAA Letter Number 120L-15-384b, dated November 2, 2015.
(iii) FAA Letter Number 120L-10-345, dated August 3, 2010.
[[Page 56596]]
(k) Related Information
(1) For more information about this AD, contact Sean Newell,
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch,
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5266; email: <a href="/cdn-cgi/l/email-protection#a4f7c1c5ca8ae98aeac1d3c1c8c8e4c2c5c58ac3cbd2"><span class="__cf_email__" data-cfemail="5b083e3a35751675153e2c3e37371b3d3a3a753c342d">[email protected]</span></a>.
(2) 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 <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>. You may view this referenced service
information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des Moines, WA. For information
on the availability of this material at the FAA, call 206-231-3195.
Issued on August 4, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022-19901 Filed 9-14-22; 8:45 am]
BILLING CODE 4910-13-P
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