Rule2023-02934
Airworthiness Directives; The Boeing Company Airplanes
Primary source
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Published
February 13, 2023
Effective
March 20, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is superseding Airworthiness Directive (AD) 2007-10- 04, which applied 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 required 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 AD continues to require the actions specified in AD 2007-10-04 with revised compliance times for certain actions. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 88 Issue 29 (Monday, February 13, 2023)</title>
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[Federal Register Volume 88, Number 29 (Monday, February 13, 2023)]
[Rules and Regulations]
[Pages 9185-9188]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02934]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1050; Project Identifier AD-2021-01257-T;
Amendment 39-22316; AD 2023-02-09]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2007-10-
04, which applied 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 required 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 AD continues to
require the actions specified in AD 2007-10-04 with revised compliance
times for certain actions. The FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective March 20, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 20,
2023.
ADDRESSES:
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
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 final rule, any comments received, and other
information. The address for Docket Operations is U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
Material Incorporated by Reference:
<bullet> For service information incorporated by reference 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; website <a href="http://myboeingfleet.com">myboeingfleet.com</a>.
<bullet> You may view this service information at the FAA,
Airworthiness
[[Page 9186]]
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="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2022-1050.
FOR FURTHER INFORMATION CONTACT: Manuel Hernandez, Aerospace Engineer,
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5256; email:
<a href="/cdn-cgi/l/email-protection#672a060912020b4921492f021509060903021d2701060649000811"><span class="__cf_email__" data-cfemail="5e133f302b3b32701870163b2c303f303a3b241e383f3f70393128">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2007-10-04, Amendment 39-15045 (72 FR
25960, May 8, 2007) (AD 2007-10-04). AD 2007-10-04 applied 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. The NPRM published in the
Federal Register on September 15, 2022 (87 FR 56593). The NPRM was
prompted by the determination 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.
In the NPRM, the FAA proposed to continue to require the actions
specified in AD 2007-10-04, with revised compliance times for certain
actions. 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.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from one commenter, Boeing. The following
presents the comments received on the NPRM and the FAA's response to
each comment.
Request To Revise ``Related Service Information Under 1 CFR Part 51''
Boeing requested that the FAA revise the description of the service
information in the ``Related Service Information under 1 CFR part 51''
paragraph in the NPRM. The paragraph in the NPRM reads as follows:
``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.'' Boeing suggested the FAA revise the text to read:
``Corrective actions to the horizontal stabilizer skin panel upper and
lower aft skin panel include options for (1) stop drilling the end of
the crack or trimming out the crack, and then doing a skin splice
repair or replacing the skin at the given compliance time, (2)
installing a skin panel splice, or (3) replacing the skin panel.
Corrective actions to the horizontal stabilizer rear spar upper cap
include options for (1) enlarging the hole to remove the crack, (2)
performing a cap splice repair, (3) performing a cap splice repair and
cold-working certain holes, (4) performing a cap replacement, or (5)
performing a cap replacement and cold-working certain holes.'' Boeing
reasoned that the revised text would distinguish between corrective
actions specifically for skins and those for spar cap, per the Boeing
Service Bulletin, and would also clarify that replacing a temporarily
repaired structure is applicable only to the skin panel and not the
spar cap; a repaired spar cap is inspected repetitively.
The FAA agrees and revised the ``Related Service Information under
1 CFR part 51'' paragraph in the final rule as requested.
Conclusion
The FAA reviewed the relevant data, considered any comments
received, and determined that air safety requires adopting this AD as
proposed. Accordingly, the FAA is issuing this AD to address the unsafe
condition on these products. Except for minor editorial changes, and
any other changes described previously, this AD is adopted as proposed
in the NPRM. None of the changes will increase the economic burden on
any operator.
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 to
the horizontal stabilizer skin panel upper and lower aft skin panel
include options for (1) stop drilling the end of the crack or trimming
out the crack, and then doing a skin splice repair or replacing the
skin at the given compliance time, (2) installing a skin panel splice,
or (3) replacing the skin panel. Corrective actions to the horizontal
stabilizer rear spar upper cap include options for (1) enlarging the
hole to remove the crack, (2) performing a cap splice repair, (3)
performing a cap splice repair and cold-working certain holes, (4)
performing a cap replacement, or (5) performing a cap replacement and
cold-working certain holes.
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 ADDRESSES.
Costs of Compliance
The FAA estimates that this AD affects 22 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs
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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 inspection $14,960 per
from AD 2007-10-04). per hour = $680, cycle. inspection cycle.
per inspection
cycle.
[[Page 9187]]
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 inspection. The FAA has
no way of determining the number of aircraft that might need these
corrective actions:
On-Condition Costs
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Action Labor cost Parts cost Cost per product
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Repair, replacement and Up to 656 work-hours x Up to $128,892........... Up to $184,652.
installation of upper or lower $85 per hour = $55,760.
aft skin panel or splice.
Stop drill repair.............. 4 work-hours x $85 per $0....................... $340.
hour = $340.
Trim out....................... 8 work-hours x $85 per $0....................... $680.
hour = $680.
Install bushings and cold work. 26 work-hours x $85 per $9,827................... $12,037.
hour = $2,210.
Crack removal and repair....... 6 work-hours x $85 per $2,033................... $2,543.
hour = $510.
Replace rear spar upper cap.... 368 work-hours x $85 $36,402.................. $67,682.
per hour = $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.
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
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) Will not affect intrastate aviation in Alaska, 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
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) 2007-10-04, Amendment 39-15045
(72 FR 25960, May 8, 2007); and
0
b. Adding the following new AD:
2023-02-09 The Boeing Company: Amendment 39-22316; Docket No. FAA-
2022-1050; Project Identifier AD-2021-01257-T.
(a) Effective Date
This airworthiness directive (AD) is effective March 20, 2023.
(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.
[[Page 9188]]
(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#cef7e38f8083e3828f8f8d81e38f83818de39cabbfbbabbdbabd8ea8afafe0a9a1b8"><span class="__cf_email__" data-cfemail="7c45513d323151303d3d3f33513d31333f512e190d09190f080f3c1a1d1d521b130a">[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, Revision 2, dated October 11, 2021, 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.
(k) Related Information
(1) For more information about this AD, contact Manuel
Hernandez, Aerospace Engineer, Airframe Section, FAA, Los Angeles
ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137;
phone: 562-627-5256; email: <a href="/cdn-cgi/l/email-protection#96dbf7f8e3f3fab8d0b8def3e4f8f7f8f2f3ecd6f0f7f7b8f1f9e0"><span class="__cf_email__" data-cfemail="94d9f5fae1f1f8bad2badcf1e6faf5faf0f1eed4f2f5f5baf3fbe2">[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 (l)(3) and (4) of this AD.
(l) 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 MD80-55A065, Revision 2, dated
October 11, 2021.
(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; website <a href="http://myboeingfleet.com">myboeingfleet.com</a>.
(4) 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.
(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, email <a href="/cdn-cgi/l/email-protection#2046520e494e5350454354494f4e604e4152410e474f56"><span class="__cf_email__" data-cfemail="4325316d2a2d30332620372a2c2d032d2231226d242c35">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on January 24, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-02934 Filed 2-10-23; 8:45 am]
BILLING CODE 4910-13-P
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