[Federal Register Volume 75, Number 37 (Thursday, February 25, 2010)]
[Rules and Regulations]
[Pages 8465-8467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3469]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0783; Directorate Identifier 2009-NM-081-AD;
Amendment 39-16213; AD 2010-05-04]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Corporation Model MD-
90-30 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
Model MD-90-30 airplanes. This AD requires repetitive inspections for
cracking of the overwing frames at stations 883, 902, 924, 943, and
962, left and right sides, and corrective actions if necessary. This AD
results from reports of cracked overwing frames. We are issuing this AD
to detect and correct such cracking, which could sever the frame,
increase the loading of adjacent frames, and result in damage to
adjacent structure and loss of overall structural integrity of the
airplane.
DATES: This AD is effective April 1, 2010.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of April 1,
2010.
ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
3855 Lakewood Boulevard, MC D800-0019, Long Beach, California 90846-
0001; telephone 206-544-5000, extension 2; fax 206-766-5683; e-mail
[email protected]; Internet https://www.myboeingfleet.com.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov; 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 (telephone 800-647-5527) is the Document 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, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137;
telephone (562) 627-5233; fax (562) 627-5210.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
all Model MD-90-30 airplanes. That NPRM was published in the Federal
Register on September 4, 2009 (74 FR 45785). That NPRM proposed to
require repetitive inspections for cracking of the overwing frames at
stations 883, 902, 924, 943, and 962, left and right sides, and
corrective actions if necessary.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received from the sole commenter.
Request To Revise Wording in the Summary Section and Unsafe Condition
Paragraph of the NPRM
The Boeing Company requests that we revise the wording of the
precipitating event in the Summary section and Unsafe Condition
paragraph of the NPRM to clarify that the reported cracking was found
on Model MD-80 airplanes, and that frames of the same design are
installed on Model MD-90 airplanes. The commenter explains that the
proposed revision will be in line with the first paragraph of the
``Discussion'' section of the NPRM. The commenter asserts that
otherwise, the Summary section and paragraph (e) of the NPRM read that
``Model MD-90 overwing frames have cracked,'' which is not the case.
We agree that clarification might be necessary. While the
commenter's proposed revision is more precise with respect to the
history of the service difficulties, the Summary section of ADs is
designed to provide only a brief description of the action being
proposed. Likewise, the Unsafe Condition paragraph in the regulatory
text of an AD is meant to be only a brief statement. Detailed
background information is provided in the Discussion section of a
proposed AD. We addressed the issues raised by the commenter in the
Discussion section of the NPRM. That section is not restated in this
final rule. We have not changed the AD in this regard.
Request To Revise Wording in the Discussion Section of the NPRM
The Boeing Company requests that we revise the first sentence of
the second paragraph of the ``Discussion'' section of the NPRM to read,
``The cracked overwing frames on McDonnell Douglas Model MD-90-30
airplanes have the same design as those installed on Model MD-80 series
airplanes.'' The commenter explains that the proposed revision sounds
more logical than how it reads in the NPRM and that the issue is the
Model MD-90 frames cracking, not the Model MD-80 frames.
We agree that clarification is needed. The proposed revision would
indicate that we have reports of cracks on Model MD-90-30 airplanes,
which is not the case. As stated in the NPRM, the reports
[[Page 8466]]
we received were of cracked frames on Model MD-80 airplanes. This AD is
being issued because Model MD-90-30 airplanes have frames with the same
design, and therefore, are also susceptible to the unsafe condition
addressed by this AD. Regardless, the Discussion section of the NPRM is
not restated in this final rule. No change to the AD is necessary in
this regard.
Explanation of Name Change Made to This AD
We have revised this AD to identify the legal name of the
manufacturer as published in the most recent type certificate data
sheet for the affected airplane models.
Explanation of Delegation Authorization Change Made to This AD
Boeing Commercial Airplanes has received an Organization
Designation Authorization (ODA), which replaces their previous
designation as a Delegation Option Authorization (DOA) holder. We have
revised paragraph (h)(3) of this AD to delegate the authority to
approve an alternative method of compliance for any repair required by
this AD to the Boeing Commercial Airplanes ODA.
Conclusion
We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting the
AD with the changes described previously. We also determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.
Explanation of Change to Costs of Compliance
Since issuance of the NPRM, we have increased the labor rate used
in the Costs of Compliance from $80 per work-hour to $85 per work-hour.
The Costs of Compliance information, below, reflects this increase in
the specified hourly labor rate.
Costs of Compliance
We estimate that this AD affects 16 airplanes of U.S. registry. We
also estimate that it takes about 10 work-hours per product to comply
with this AD. The average labor rate is $85 per work-hour. Based on
these figures, we estimate the cost of this AD to the U.S. operators to
be $13,600, or $850 per product.
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
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), 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.
You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
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 AD:
2010-05-04 McDonnell Douglas Corporation: Amendment 39-16213. Docket
No. FAA-2009-0783; Directorate Identifier 2009-NM-081-AD.
Effective Date
(a) This airworthiness directive (AD) is effective April 1,
2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all McDonnell Douglas Corporation Model
MD-90-30 airplanes, certificated in any category.
Subject
(d) Air Transport Association (ATA) of America Code 53:
Fuselage.
Unsafe Condition
(e) This AD results from reports of cracked overwing frames. We
are issuing this AD to detect and correct such cracking, which could
sever the frame, increase the loading of adjacent frames, and result
in damage to adjacent structure and loss of overall structural
integrity of the airplane.
Compliance
(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Inspections
(g) Before the accumulation of 20,000 total flight cycles, or
within 60 months after the effective date of this AD, whichever
occurs later: Do general visual and high frequency eddy current
inspections for cracking of the overwing frames, in accordance with
the Accomplishment Instructions of Boeing Alert Service Bulletin
MD90-53A031, dated April 10, 2009. Do the applicable corrective
actions before further flight, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin MD90-53A031, dated
April 10, 2009. Repeat the inspections thereafter at the applicable
time specified in paragraph 1.E., ``Compliance,'' of Boeing Alert
Service Bulletin MD90-53A031, dated April 10, 2009.
Alternative Methods of Compliance (AMOCs)
(h)(1) The Manager, Los Angeles Aircraft Certification Office
(ACO), FAA, has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Roger Durbin, Aerospace Engineer, Airframe
Branch, ANM-120L, FAA, Los Angeles Aircraft Certification Office,
3960 Paramount Boulevard, Lakewood, California 90712-4137; telephone
(562) 627-5233; fax (562) 627-5210.
(2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District
[[Page 8467]]
Office. The AMOC approval letter must specifically reference this
AD.
(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 the
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.
Material Incorporated by Reference
(i) You must use Boeing Alert Service Bulletin MD90-53A031,
dated April 10, 2009, to do the actions required by this AD, unless
the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
3855 Lakewood Boulevard, MC D800-0019, Long Beach, California 90846-
0001; telephone 206-544-5000, extension 2; fax 206-766-5683; e-mail
[email protected]; Internet https://www.myboeingfleet.com.
(3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call 425-227-1221 or 425-227-1152.
(4) You may also review copies of the 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/code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on February 16, 2010.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-3469 Filed 2-24-10; 8:45 am]
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