Airworthiness Directives; 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, 38883-38885 [E8-14472]
Download as PDF
38883
Rules and Regulations
Federal Register
Vol. 73, No. 131
Tuesday, July 8, 2008
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–29335; Directorate
Identifier 2007–NM–045–AD; Amendment
39–15592; AD 2008–13–29]
RIN 2120–AA64
Airworthiness Directives; 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
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
ebenthall on PRODPC60 with RULES
AGENCY:
14:13 Jul 07, 2008
Jkt 214001
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
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
SUMMARY: We are adopting a new
airworthiness directive (AD) 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. This AD requires repetitive
inspections for cracking of the overwing
frames from stations 845 to 905 (MD–87
stations 731 to 791), 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 August 12,
2008.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of August 12, 2008.
ADDRESSES: For service information
identified in this AD, contact Boeing
Commercial Airplanes, Long Beach
Division, 3855 Lakewood Boulevard,
Long Beach, California 90846,
Attention: Data and Service
VerDate Aug<31>2005
Management, Dept. C1–L5A (D800–
0024).
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
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. That NPRM was published
in the Federal Register on September
28, 2007 (72 FR 55111). That NPRM
proposed to require repetitive
inspections for cracking of the overwing
frames from stations 845 to 905 (MD–87
stations 731 to 791), 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.
Request To Extend Compliance Time
Air Transport Association (ATA), on
behalf of its member American Airlines,
states that a 24-month compliance
period for the initial inspections would
be overly burdensome. The commenters
request that we extend the compliance
time to 48 months so operators can
integrate the required actions with
planned heavy maintenance visits. The
commenters add that we did not
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
consider the size of the fleet and the
availability of parts when we
determined the compliance period.
American Airlines finds that a longer
compliance time can be justified by
applying statistically based risk analysis
methods and accounting for the effect of
flight cycles.
We do not agree to extend the
compliance time. We have no data or
analysis to support such an extension of
the compliance period. For airplanes
that have accumulated more than 20,000
total flight cycles, the extent of damage
already accumulated on the affected
fuselage frames cannot be
predetermined, so accounting for
subsequent flight cycles will provide no
benefit. The 24-month compliance
period is considered appropriate in light
of the characteristics of crack growth,
the probability of crack initiation, and
the ability of operators to integrate the
required actions into established
maintenance practices. Currently there
are insufficient statistical or other data
to justify a compliance period beyond
the proposed 24 months. However,
paragraph (h) of this final rule provides
operators the opportunity to request an
extension of the compliance time if data
are presented to justify such an
extension. We have not changed the
final rule regarding this issue.
Request To Delay Issuance of AD
Pending Parts Availability
ATA, on behalf of its member
American Airlines, notes that the rate of
cracking noted in early inspections
suggests that the supply of available
spare parts is insufficient to support
completion of the proposed actions
within the 24-month compliance period.
Delta Air Lines also expresses concern
over the availability of spare frames and
reports that all its repairs done to date
have been done by frame replacement
with a like part.
We infer that the commenters request
that we wait to issue the final rule until
sufficient parts are available. We
disagree with the need to delay the final
rule. Boeing has arranged to have
additional frames manufactured as
demand builds during the 24-month
compliance period. Boeing expects a
sufficient supply to be available to
support the AD requirements. We are
proceeding with issuance of the final
rule as proposed.
E:\FR\FM\08JYR1.SGM
08JYR1
38884
Federal Register / Vol. 73, No. 131 / Tuesday, July 8, 2008 / Rules and Regulations
Request To Revise Cost Estimate
ATA, on behalf of its member Delta
Air Lines, notes that the estimated work
hours to do the required actions assume
that access to the overwing frames is
available during a scheduled
maintenance visit. The commenters
assert that the 4-hour labor estimate
applies only when the inspection can be
done during a scheduled heavy
maintenance visit, when the airplane is
already opened up. Delta states that, in
reality, up to 67 percent of its fleet will
not be due for the heavy maintenance
visit during the proposed compliance
time. That portion of the fleet will
require special-schedule inspection
visits, and add at least 16 work hours to
gain access to the inspection areas.
We infer that the commenters are
requesting that we revise the cost
estimate provided in the NPRM. We do
not agree. The cost information
provided in AD actions describes only
the direct costs of the specific
requirements. Based on the best data
available, the manufacturer provided
the number of work hours to do the
required actions for this AD. We
recognize that, in doing the actions
required by an AD, operators might
incur incidental costs, such as the time
necessary for access and close, in
addition to the direct costs. These
incidental costs can vary significantly
among operators. We have not changed
the final rule regarding this issue.
Conclusion
We reviewed the relevant data,
considered the comments received, and
determined that air safety and the
public interest require adopting the AD
as proposed.
Interim Action
We consider this AD interim action.
The manufacturer is currently
developing a modification that will
address the unsafe condition identified
in this AD. Once this modification is
developed, approved, and available, we
may consider additional rulemaking.
Costs of Compliance
There are about 1,189 airplanes of the
affected design in the worldwide fleet.
The following table provides the
estimated costs for U.S. operators to
comply with this AD.
ESTIMATED COSTS
Average labor
rate per hour
Work hours
4 .....................
$80
Number of
U.S.registered
airplanes
Parts
Cost per
airplane
None ...............
$320, per inspection cycle ...............
ebenthall on PRODPC60 with RULES
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.
(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.
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:
PART 39—AIRWORTHINESS
DIRECTIVES
VerDate Aug<31>2005
14:13 Jul 07, 2008
Jkt 214001
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:
I
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
I
2008–13–29 McDonnell Douglas:
Amendment 39–15592. Docket No.
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
Fleet cost
670
$214,400, per inspection cycle.
FAA–2007–29335; Directorate Identifier
2007–NM–045–AD.
Effective Date
(a) This airworthiness directive (AD) is
effective August 12, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD 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, certificated in any
category.
Unsafe Condition
(d) 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
(e) 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
(f) Before the accumulation of 20,000 total
flight cycles, or within 24 months after the
effective date of this AD, whichever occurs
later: Do general visual and high frequency
eddy current inspections, and all applicable
corrective actions, in accordance with the
Accomplishment Instructions of Boeing Alert
Service Bulletin MD80–53A301, Revision 1,
dated May 25, 2007. Do the applicable
E:\FR\FM\08JYR1.SGM
08JYR1
Federal Register / Vol. 73, No. 131 / Tuesday, July 8, 2008 / Rules and Regulations
corrective actions before further flight after
accomplishing the inspections. Repeat the
inspections thereafter at applicable intervals
not to exceed those specified in paragraph
1.E., ‘‘Compliance,’’ of the service bulletin.
Actions According to Previous Issue of
Service Bulletin
BILLING CODE 4910–13–P
(g) Inspections and related investigative
and corrective actions are also acceptable for
compliance with the requirements of
paragraph (f) of this AD if done before the
effective date of this AD in accordance with
Boeing Alert Service Bulletin MD80–53A301,
dated January 9, 2007.
(h)(1) The Manager, Los Angeles Aircraft
Certification Office (ACO), FAA, has the
authority to approve AMOCs for this AD, if
requested in accordance with the procedures
found in 14 CFR 39.19.
(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 appropriate principal inspector
(PI) in the FAA Flight Standards District
Office (FSDO), or lacking a PI, your local
FSDO.
(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 an
Authorized Representative for the Boeing
Commercial Airplanes Delegation Option
Authorization Organization who 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 14
CFR 25.571, Amendment 45, and the
approval must specifically refer to this AD.
ebenthall on PRODPC60 with RULES
Material Incorporated by Reference
(i) You must use Boeing Alert Service
Bulletin MD80–53A301, Revision 1, dated
May 25, 2007, 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, Long Beach Division, 3855
Lakewood Boulevard, Long Beach, California
90846, Attention: Data and Service
Management, Dept. C1–L5A (D800–0024).
(3) You may review copies of the service
information incorporated by reference at the
FAA, Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington; or 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: https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
14:13 Jul 07, 2008
Jkt 214001
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–0395; Directorate
Identifier 2007–NM–157–AD; Amendment
39–15588; AD 2008–13–25]
Alternative Methods of Compliance
(AMOCs)
VerDate Aug<31>2005
Issued in Renton, Washington, on June 8,
2008.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E8–14472 Filed 7–7–08; 8:45 am]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 737–300 and –400 Series
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: We are adopting a new
airworthiness directive (AD) for certain
Boeing Model 737–300 and –400 series
airplanes. This AD requires testing and
inspecting a certain web panel of the
main wheel well pressure deck to
determine the material type and
thickness; and related investigative and
corrective actions if necessary. This AD
results from several reports indicating
that cracks ranging from 0.8 to 8.0
inches long were found on a certain web
panel of the main wheel well pressure
deck. We are issuing this AD to prevent
fatigue cracking in the web panel of the
main wheel well pressure deck, which
could result in venting and consequent
decompression of the airplane.
DATES: This AD is effective August 12,
2008.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of August 12, 2008.
ADDRESSES: For service information
identified in this AD, contact Boeing
Commercial Airplanes, P.O. Box 3707,
Seattle, Washington 98124–2207.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
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,
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
38885
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:
Wayne Lockett, Aerospace Engineer,
Airframe Branch, ANM–120S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 917–6447; fax (425) 917–6590.
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
certain Boeing Model 737–300 and –400
series airplanes. That NPRM was
published in the Federal Register on
January 10, 2008 (73 FR 1846). That
NPRM proposed to require testing and
inspecting a certain web panel of the
main wheel well pressure deck to
determine the material type and
thickness; and related investigative and
corrective actions if necessary.
Comments
We gave the public the opportunity to
participate in developing this AD. We
considered the comments received.
Request To Change the Description of
the Unsafe Condition
Boeing asks that the unsafe condition
(end level effect) specified in the
applicable sections of the NPRM be
changed from ‘‘rapid decompression’’ to
‘‘controlled decompression.’’ Boeing
states that the most probable result of
the cracking would be pressure loss or
controlled depressurization. Boeing has
received reports of cracks ranging from
4.5 to 8 inches in the web panel of the
main wheel well pressure deck; the
reports included the following data:
• Cabin crews reported a loud hissing
noise coming from the area below seats
14A, B, and C. No depressurization was
reported.
• The crew reported a loud hissing
noise from the cabin lining on the lefthand side at row 15. The cabin windows
along the left-hand side progressively
frosted up until, after about 2 hours, all
the windows were frosted up between
rows 11 through 17.
• It was reported that it was not
possible to pressurize another airplane.
We partially agree with Boeing. We
agree to change the end level effect of
the unsafe condition by removing the
word ‘‘rapid,’’ since Boeing has
provided data verifying that the
decompression does not happen
quickly. However, we do not agree that
E:\FR\FM\08JYR1.SGM
08JYR1
Agencies
[Federal Register Volume 73, Number 131 (Tuesday, July 8, 2008)]
[Rules and Regulations]
[Pages 38883-38885]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-14472]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 73, No. 131 / Tuesday, July 8, 2008 / Rules
and Regulations
[[Page 38883]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-29335; Directorate Identifier 2007-NM-045-AD;
Amendment 39-15592; AD 2008-13-29]
RIN 2120-AA64
Airworthiness Directives; 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
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) 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. This AD requires repetitive
inspections for cracking of the overwing frames from stations 845 to
905 (MD-87 stations 731 to 791), 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 August 12, 2008.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 12,
2008.
ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood
Boulevard, Long Beach, California 90846, Attention: Data and Service
Management, Dept. C1-L5A (D800-0024).
Examining the AD Docket
You may examine the AD docket on the Internet at https://
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 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. That NPRM was published
in the Federal Register on September 28, 2007 (72 FR 55111). That NPRM
proposed to require repetitive inspections for cracking of the overwing
frames from stations 845 to 905 (MD-87 stations 731 to 791), 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.
Request To Extend Compliance Time
Air Transport Association (ATA), on behalf of its member American
Airlines, states that a 24-month compliance period for the initial
inspections would be overly burdensome. The commenters request that we
extend the compliance time to 48 months so operators can integrate the
required actions with planned heavy maintenance visits. The commenters
add that we did not consider the size of the fleet and the availability
of parts when we determined the compliance period. American Airlines
finds that a longer compliance time can be justified by applying
statistically based risk analysis methods and accounting for the effect
of flight cycles.
We do not agree to extend the compliance time. We have no data or
analysis to support such an extension of the compliance period. For
airplanes that have accumulated more than 20,000 total flight cycles,
the extent of damage already accumulated on the affected fuselage
frames cannot be predetermined, so accounting for subsequent flight
cycles will provide no benefit. The 24-month compliance period is
considered appropriate in light of the characteristics of crack growth,
the probability of crack initiation, and the ability of operators to
integrate the required actions into established maintenance practices.
Currently there are insufficient statistical or other data to justify a
compliance period beyond the proposed 24 months. However, paragraph (h)
of this final rule provides operators the opportunity to request an
extension of the compliance time if data are presented to justify such
an extension. We have not changed the final rule regarding this issue.
Request To Delay Issuance of AD Pending Parts Availability
ATA, on behalf of its member American Airlines, notes that the rate
of cracking noted in early inspections suggests that the supply of
available spare parts is insufficient to support completion of the
proposed actions within the 24-month compliance period. Delta Air Lines
also expresses concern over the availability of spare frames and
reports that all its repairs done to date have been done by frame
replacement with a like part.
We infer that the commenters request that we wait to issue the
final rule until sufficient parts are available. We disagree with the
need to delay the final rule. Boeing has arranged to have additional
frames manufactured as demand builds during the 24-month compliance
period. Boeing expects a sufficient supply to be available to support
the AD requirements. We are proceeding with issuance of the final rule
as proposed.
[[Page 38884]]
Request To Revise Cost Estimate
ATA, on behalf of its member Delta Air Lines, notes that the
estimated work hours to do the required actions assume that access to
the overwing frames is available during a scheduled maintenance visit.
The commenters assert that the 4-hour labor estimate applies only when
the inspection can be done during a scheduled heavy maintenance visit,
when the airplane is already opened up. Delta states that, in reality,
up to 67 percent of its fleet will not be due for the heavy maintenance
visit during the proposed compliance time. That portion of the fleet
will require special-schedule inspection visits, and add at least 16
work hours to gain access to the inspection areas.
We infer that the commenters are requesting that we revise the cost
estimate provided in the NPRM. We do not agree. The cost information
provided in AD actions describes only the direct costs of the specific
requirements. Based on the best data available, the manufacturer
provided the number of work hours to do the required actions for this
AD. We recognize that, in doing the actions required by an AD,
operators might incur incidental costs, such as the time necessary for
access and close, in addition to the direct costs. These incidental
costs can vary significantly among operators. We have not changed the
final rule regarding this issue.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD as proposed.
Interim Action
We consider this AD interim action. The manufacturer is currently
developing a modification that will address the unsafe condition
identified in this AD. Once this modification is developed, approved,
and available, we may consider additional rulemaking.
Costs of Compliance
There are about 1,189 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs for
U.S. operators to comply with this AD.
Estimated Costs
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Number of U.S.-
Work hours Average labor Parts Cost per airplane registered Fleet cost
rate per hour airplanes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
4.................................. $80 None................. $320, per inspection cycle....................... 670 $214,400, per inspection cycle.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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:
2008-13-29 McDonnell Douglas: Amendment 39-15592. Docket No. FAA-
2007-29335; Directorate Identifier 2007-NM-045-AD.
Effective Date
(a) This airworthiness directive (AD) is effective August 12,
2008.
Affected ADs
(b) None.
Applicability
(c) This AD 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, certificated in any category.
Unsafe Condition
(d) 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
(e) 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
(f) Before the accumulation of 20,000 total flight cycles, or
within 24 months after the effective date of this AD, whichever
occurs later: Do general visual and high frequency eddy current
inspections, and all applicable corrective actions, in accordance
with the Accomplishment Instructions of Boeing Alert Service
Bulletin MD80-53A301, Revision 1, dated May 25, 2007. Do the
applicable
[[Page 38885]]
corrective actions before further flight after accomplishing the
inspections. Repeat the inspections thereafter at applicable
intervals not to exceed those specified in paragraph 1.E.,
``Compliance,'' of the service bulletin.
Actions According to Previous Issue of Service Bulletin
(g) Inspections and related investigative and corrective actions
are also acceptable for compliance with the requirements of
paragraph (f) of this AD if done before the effective date of this
AD in accordance with Boeing Alert Service Bulletin MD80-53A301,
dated January 9, 2007.
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 in accordance with the procedures found in 14 CFR 39.19.
(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 appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
(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 an
Authorized Representative for the Boeing Commercial Airplanes
Delegation Option Authorization Organization who 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 14 CFR 25.571, Amendment 45, and the
approval must specifically refer to this AD.
Material Incorporated by Reference
(i) You must use Boeing Alert Service Bulletin MD80-53A301,
Revision 1, dated May 25, 2007, 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, Long Beach Division, 3855 Lakewood
Boulevard, Long Beach, California 90846, Attention: Data and Service
Management, Dept. C1-L5A (D800-0024).
(3) You may review copies of the service information
incorporated by reference at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or 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: https://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html.
Issued in Renton, Washington, on June 8, 2008.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-14472 Filed 7-7-08; 8:45 am]
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