[Federal Register Volume 85, Number 30 (Thursday, February 13, 2020)]
[Proposed Rules]
[Pages 8209-8212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02862]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0096; Product Identifier 2019-NM-211-AD]
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)
2016-07-28, which 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. AD 2016-07-28 requires repetitive eddy
current high frequency (ETHF) inspections for any cracking in the left
and right side center wing lower skin, and repair if any crack is
found. Since the FAA issued AD 2016-07-28, the FAA has determined it is
necessary to expand the inspection area to include adjacent stringers
with similar stress levels and to perform an inspection with increased
sensitivity for crack detection. This proposed AD would retain certain
requirements of AD 2016-07-28, expand the inspection area, and require
new inspections. 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 March 30,
2020.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
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.
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 https://www.myboeingfleet.com. You may
view
[[Page 8210]]
this service information at the FAA, Transport Standards 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 on
the internet at https://www.regulations.gov by searching for and
locating Docket No. FAA-2020-0096.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0096; 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, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations is listed above.
Comments will be available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Mohit Garg, Aerospace Engineer,
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5264; fax: 562-627-
5210; email: [email protected].
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 the ADDRESSES section. Include ``Docket No. FAA-2020-0096;
Product Identifier 2019-NM-211-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM because of those comments.
The FAA will post all comments, without change, to https://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact the agency receives about this proposed AD.
Discussion
The FAA issued AD 2016-07-28, Amendment 39-18473 (81 FR 21253,
April 11, 2016) (``AD 2016-07-28''), for 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. AD 2016-07-28 requires repetitive
ETHF inspections for any cracking in the left and right side center
wing lower skin, and repair if any crack is found. AD 2016-07-28
resulted from reports of cracking at certain stringers, associated end
fittings, and skins in the center wing fuel tank where the stringers
meet the end fittings. The FAA issued AD 2016-07-28 to detect and
correct cracking in the center wing lower skin. Such cracking could
cause structural failure of the wings.
Actions Since AD 2016-07-28 Was Issued
Since the FAA issued AD 2016-07-28, there have been additional
reports of cracks at certain stringers, including one at stringer S-13,
which was not addressed in AD 2016-07-28. The FAA has determined it is
necessary to expand the inspection area to include adjacent stringers
with similar stress levels and to perform a new inspection with
increased sensitivity for crack detection in the area (eddy current low
frequency (ETLF) inspection). This proposed AD would retain certain
requirements of AD 2016-07-28, expand the inspection area and require
new inspections.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Boeing Alert Service Bulletin MD80-57A244,
Revision 1, dated October 1, 2019. This service information describes
procedures for a general visual inspection (GVI) for existing repairs;
repetitive ETLF inspections of the left and right side fastener holes
common to stringers 11 through 22 and the forward and aft skins for any
crack; repetitive ETHF inspections of the lower skin at stringers 18
through 20 for any crack; an ETHF inspection of the left side and right
side center wing lower skin for any crack; and applicable on-condition
actions. On-condition actions include repair and an internal GVI for
any cracks in stringers 11 through 22 between Xcw=0.0 and Xcw=20.0.
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.
FAA's Determination
The FAA is proposing this AD because the FAA evaluated all the
relevant information and determined the unsafe condition described
previously is likely to exist or develop in other products of the same
type design.
Proposed AD Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2016-07-28, this proposed AD would retain some of
the requirements of AD 2016-07-28. 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 require accomplishment of the actions identified as ``RC''
(required for compliance) in the Accomplishment Instructions of Boeing
Alert Service Bulletin MD80-57A244, Revision 1, dated October 1, 2019,
described previously.
For information on the procedures and compliance times, see this
service information at https://www.regulations.gov by searching for and
locating Docket No. FAA-2020-0096.
Costs of Compliance
The FAA estimates that this proposed AD affects 288 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
Estimated Costs for Required Actions
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Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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Inspection (retained actions 14 work-hours x $85 per $0 $1,190 per $342,720 per
from AD 2016-07-02). hour = $1,190 per inspection cycle. inspection cycle.
inspection cycle.
Expanded inspection (new Up to 48 work-hours x 0 Up to $4,080 per Up to $1,175,040
proposed action). $85 per hour = $4,080 inspection cycle. per inspection
per inspection cycle. cycle.
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The FAA has received no definitive data that would enable the
agency to provide cost estimates for the on-condition actions specified
in this proposed AD.
[[Page 8211]]
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) 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 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 removing Airworthiness Directive (AD)
2016-07-28, Amendment 39-18473 (81 FR 21253, April 11, 2016), and
adding the following new AD:
The Boeing Company: Docket No. FAA-2020-0096; Product Identifier
2019-NM-211-AD.
(a) Comments Due Date
The FAA must receive comments on this AD action by March 30,
2020.
(b) Affected ADs
This AD replaces AD 2016-07-28, Amendment 39-18473 (81 FR 21253,
April 11, 2016) (``AD 2016-07-28'').
(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 57, Wings.
(e) Unsafe Condition
This AD was prompted by reports of cracking at certain
stringers, associated end fittings, and skins in the center wing
fuel tank where the stringers meet the end fittings. The FAA is
issuing this AD to detect and correct cracking in the center wing
lower skin. Such cracking could cause structural failure of the
wings.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required 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 MD80-57A244, Revision 1, dated October
1, 2019, do all applicable actions identified as ``RC'' (required
for compliance) in, and in accordance with, the Accomplishment
Instructions of Boeing Alert Service Bulletin MD80-57A244, Revision
1, dated October 1, 2019.
Note 1 to paragraph (g) of this AD: Boeing Alert Service
Bulletin MD80-57A244, Revision 1, dated October 1, 2019, refers to
Drawing SN09570007 for certain inspection sequences. If the pages of
Drawing SN09570007 are illegible, guidance can be found in Boeing
Multi Operator Message MOM-MOM-19-0549-01B, dated October 4, 2019.
(h) Exception to Service Information Specifications
Where Boeing Alert Service Bulletin MD80-57A244, Revision 1,
dated October 1, 2019, specifies contacting Boeing for repair
instructions or for alternative inspections: This AD requires doing
the repair, or doing the alternative inspections and applicable on-
condition actions before further flight using a method approved in
accordance with the procedures specified in paragraph (i) of this
AD.
(i) 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 (j)(1) of this AD. Information
may be emailed to: [email protected].
(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, 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 previously for AD 2016-07-28 are not approved
as AMOCs for this AD.
(5) For service information that contains steps that are labeled
as Required for Compliance (RC), the provisions of paragraphs
(i)(5)(i) and (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.
(j) Related Information
(1) For more information about this AD, contact Mohit Garg,
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch,
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5264; fax: 562-627-5210; email: [email protected].
(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 https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Transport Standards Branch, 2200 South 216th
St., Des Moines, WA. For information on the availability of this
material at the FAA, call 206-231-3195.
[[Page 8212]]
Issued on February 7, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-02862 Filed 2-12-20; 8:45 am]
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