Airworthiness Directives; The Boeing Company Airplanes, 41160-41163 [2017-18165]

Download as PDF 41160 Federal Register / Vol. 82, No. 167 / Wednesday, August 30, 2017 / Rules and Regulations amount for a loan amount greater than or equal to $105,158; $3,155 for a loan amount greater than or equal to $63,095 but less than $105,158; 5 percent of the total loan amount for loans greater than or equal to $21,032 but less than $63,095; $1,052 for a loan amount greater than or equal to $13,145 but less than $21,032; or 8 percent of the total loan amount for loans less than $13,145. The Bureau is amending comment 43(e)(3)(ii)–1, which lists the adjustments for each year, to reflect the new dollar threshold amounts for 2018. III. Procedural Requirements A. Administrative Procedure Act Under the Administrative Procedure Act, notice and opportunity for public comment are not required if the Bureau finds that notice and public comment are impracticable, unnecessary, or contrary to the public interest. 5 U.S.C. 553(b)(B). Pursuant to this final rule, in Regulation Z, comments 32(a)(1)(ii)–1.iv and –3.iv, 43(e)(3)(ii)–1.iv, and 52(b)(1)(ii)–2.i.E in supplement I are added to update the exemption thresholds. The amendments in this final rule are technical and nondiscretionary, as they merely apply the method previously established in Regulation Z for determining adjustments to the thresholds. For these reasons, the Bureau has determined that publishing a notice of proposed rulemaking and providing opportunity for public comment are unnecessary. The amendments therefore are adopted in final form. B. Regulatory Flexibility Act Because no notice of proposed rulemaking is required, the Regulatory Flexibility Act does not require an initial or final regulatory flexibility analysis. 5 U.S.C. 603(a), 604(a). C. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3506; 5 CFR part 1320), the Bureau reviewed this final rule. No collections of information pursuant to the Paperwork Reduction Act are contained in the final rule. List of Subjects in 12 CFR Part 1026 Advertising, Consumer protection, Credit, Credit unions, Mortgages, National banks, Reporting and recordkeeping requirements, Savings associations, Truth in lending. Authority and Issuance For the reasons set forth in the preamble, the Bureau amends Regulation Z, 12 CFR part 1026, as set forth below: VerDate Sep<11>2014 13:47 Aug 29, 2017 Jkt 241001 PART 1026—TRUTH IN LENDING (REGULATION Z) 1. The authority citation for part 1026 continues to read as follows: ■ Authority: 12 U.S.C. 2601, 2603–2605, 2607, 2609, 2617, 3353, 5511, 5512, 5532, 5581; 15 U.S.C. 1601 et seq. 2. In Supplement I to part 1026— Official Interpretations: ■ a. Under Section 1026.32— Requirements for High-Cost Mortgages, under 32(a) Coverage, under Paragraph 32(a)(1)(ii), paragraphs 1.iv and 3.iv are added. ■ b. Under Section 1026.43—Minimum Standards for Transactions Secured by a Dwelling, under 43(e) Qualified mortgages, under Paragraph 43(e)(3)(ii), paragraph 1.iv is added. ■ c. Under Section 1026.52— Limitations on Fees, under 52(b) Limitations on Penalty Fees, under 52(b)(1)(ii) Safe harbors, paragraph 2.i.E is added. The additions read as follows: ■ Supplement I to Part 1026—Official Interpretations * * * * * * * Subpart G—Special Rules Applicable to Credit Card Accounts and Open-End Credit Offered to College Students * * * * * Section 1026.52—Limitations on Fees * * * * * 52(b) Limitations on Penalty Fees * * * * * 52(b)(1)(ii) Safe harbors * * Subpart E—Special Rules for Certain Home Mortgage Transactions * A. For a loan amount greater than or equal to $105,158: 3 percent of the total loan amount; B. For a loan amount greater than or equal to $63,095 but less than $105,158: $3,155; C. For a loan amount greater than or equal to $21,032 but less than $63,095: 5 percent of the total loan amount; D. For a loan amount greater than or equal to $13,145 but less than $21,032: $1,052; E. For a loan amount less than $13,145: 8 percent of the total loan amount. * * * * * * Section 1026.32—Requirements for Certain Closed-End Home Mortgages 32(a) Coverage * * * * * Paragraph 32(a)(1)(ii). 1. * * * iv. For 2018, $1,052, reflecting a 2.2 percent increase in the CPI–U from June 2016 to June 2017, rounded to the nearest whole dollar. * * * * * 3. * * * iv. For 2018, $21,032, reflecting a 2.2 percent increase in the CPI–U from June 2016 to June 2017, rounded to the nearest whole dollar. * * * * * * * * * 2. * * * i. * * * E. Card issuers were permitted to impose a fee for violating the terms of an agreement if the fee did not exceed $27 under § 1026.52(b)(1)(ii)(A) and $38 under § 1026.52(b)(1)(ii)(B), through December 31, 2017. * * * * * Dated: July 25, 2017. Richard Cordray, Director, Bureau of Consumer Financial Protection. [FR Doc. 2017–18003 Filed 8–29–17; 8:45 am] BILLING CODE 4810–AM–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 Section 1026.43—Minimum Standards for Transactions Secured by a Dwelling [Docket No. FAA–2017–0503; Product Identifier 2017–NM–032–AD; Amendment 39–19009; AD 2017–17–19] * RIN 2120–AA64 * * * * 43(e) Qualified mortgages. * * * * * Paragraph 43(e)(3)(ii). 1. * * * iv. For 2018, reflecting a 2.2 percent increase in the CPI–U that was reported on the preceding June 1, a covered transaction is not a qualified mortgage unless the transaction’s total points and fees do not exceed: PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: SUMMARY: We are adopting a new airworthiness directive (AD) for all The Boeing Company Model DC–9–81 (MD– E:\FR\FM\30AUR1.SGM 30AUR1 Federal Register / Vol. 82, No. 167 / Wednesday, August 30, 2017 / Rules and Regulations 81), DC–9–82 (MD–82), DC–9–83 (MD– 83), and DC–9–87 (MD–87) airplanes, and Model MD–88 airplanes. This AD was prompted by reports of cracking of various structures in the bulkhead. This AD requires an inspection for cracking in these structures, and corrective actions if necessary. We are issuing this AD to address the unsafe condition on these products. DATES: This AD is effective October 4, 2017. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of October 4, 2017. ADDRESSES: For service information identified in this final rule, 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 service information at the FAA, Transport Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA–2017– 0509. Examining the AD Docket You may examine the AD docket on the Internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2017– 0503; 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 final rule, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800–647–5527) is Docket 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: George Garrido, Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712–4137; phone: 562–627–5232; fax: 562–627– 5210; email: george.garrido@faa.gov. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would VerDate Sep<11>2014 13:47 Aug 29, 2017 Jkt 241001 41161 apply 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. The NPRM published in the Federal Register on June 2, 2017 (82 FR 25547). The NPRM was prompted by reports of cracking of various structures in the bulkhead. The NPRM proposed to require an inspection for cracking in these structures, and corrective actions if necessary. We are issuing this AD to detect and correct cracking at the cant station 1463 bulkhead and cant station 1254 bulkhead, which could result in reduced structural integrity of the airplane. that exception to the service information. We agree with the commenters’ requests. The cant station 1463 bulkhead is correct for Model MD–88 airplanes. This group revision does not change the overall scope of the actions required for Model MD–88 airplanes. We agree that the service information exception in paragraph (h)(1) of the proposed AD is no longer needed. We have revised the Model MD–88 grouping in paragraph (g) of this AD, removed paragraph (h)(1) of the proposed AD, and redesignated paragraph (h)(2) of the proposed AD as paragraph (h) in this AD. Comments We gave the public the opportunity to participate in developing this final rule. The following presents the comments received on the NPRM and the FAA’s response to each comment. Conclusion Support for the NPRM Boeing stated that it appreciates the credit for actions done prior to the effective date of the AD specified in paragraph (i) of the proposed AD. Request To Clarify Location of Crack Findings Boeing requested that we revise the Discussion section to add the vertical stabilizer location in the sentence ‘‘The cracks were in the upper left area of the bulkhead, between longerons L–2 and L–3, in the frame web, horizontal stiffeners, lower frame cap, [vertical stabilizer] rear spar cap, and spar cap web.’’ We partially agree with Boeing’s request. The added wording does accurately indicate the cracking location. However, this description is not repeated in this final rule. Therefore, no change is needed in this regard. Requests To Revise Inspection Locations for Affected Airplanes Boeing and Delta Airlines (DAL) requested that we revise paragraph (g) of the proposed AD to include Model MD– 88 airplanes in the cant station 1463 bulkhead group instead of the cant station 1254 bulkhead group. The commenters explained that Model MD– 88 airplanes share the same fuselage length (and hence, station numbers) as Model DC–9–81, DC–9–82, and DC–9– 83 airplanes. The commenters also request that, with the requested change to paragraph (g) of the proposed AD, we remove paragraph (h)(1) of the proposed AD since there would be no need for PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this final rule with the changes described previously and minor editorial changes. We have determined that these minor changes: • Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the NPRM. We also determined that these changes will not increase the economic burden on any operator or increase the scope of this final rule. Related Service Information Under 1 CFR Part 51 We reviewed Boeing Alert Service Bulletin MD80–53A316, dated December 15, 2016. The service information describes procedures for a detailed inspection on the left and right sides of the forward and aft surfaces of cant station 1463 bulkhead and cant station 1254 bulkhead for cracking in the upper caps, upper cap doublers, bulkhead webs and doublers, stiffeners, lower caps, and vertical stabilizer rear spar caps and webs, between longerons L–11L through L–11R, and corrective actions. 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. Costs of Compliance We estimate that this AD will affect 361 airplanes of U.S. registry. We estimate the following costs to comply with this AD: E:\FR\FM\30AUR1.SGM 30AUR1 41162 Federal Register / Vol. 82, No. 167 / Wednesday, August 30, 2017 / Rules and Regulations ESTIMATED COSTS Action Labor cost Inspection ................................ 3 work-hours × $85 per hour = $255 ..................................... We have received no definitive data that would enable us to provide cost estimates for the on-condition actions specified in this AD. 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. This AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to issue ADs applicable to transport category airplanes to the Director of the System Oversight Division. 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), VerDate Sep<11>2014 13:47 Aug 29, 2017 Jkt 241001 (3) Will not affect intrastate aviation in Alaska, and (4) 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. Adoption of 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 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): ■ 2017–17–19 The Boeing Company: Amendment 39–19009; Docket No. FAA–2017–0503; Product Identifier 2017–NM–032–AD. (a) Effective Date This AD is effective October 4, 2017. (b) Affected ADs None. (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 53; Fuselage. (e) Unsafe Condition This AD was prompted by reports of cracking of various structures at the cant station 1463 bulkhead and at the cant station 1254 bulkhead. We are issuing this AD to detect and correct cracking at the cant station 1463 bulkhead and cant station 1254 bulkhead, which could result in reduced structural integrity of the airplane. PO 00000 Frm 00006 Fmt 4700 Cost per product Parts cost Sfmt 4700 $0 $255 Cost on U.S. operators $92,055 (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Inspection and Corrective Action Within 700 flight cycles or 6 months after the effective date of this AD, whichever occurs first, do a detailed inspection for cracking on the left and right sides of the forward and aft surfaces of the cant station 1463 bulkhead (for Model DC–9–81 (MD–81), DC–9–82 (MD–82), and DC–9–83 (MD–83) airplanes, and Model MD–88 airplanes) and cant station 1254 bulkhead (for Model DC– 9–87 (MD–87) airplanes); and do all applicable corrective actions; in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin MD80–53A316, dated December 15, 2016, except as required in paragraph (h) of this AD. Do all applicable corrective actions before further flight. (h) Exception to Service Information Where Boeing Alert Service Bulletin MD80–53A316, dated December 15, 2016, specifies to contact Boeing for appropriate action and specifies that action as ‘‘RC’’ (Required for Compliance): Before further flight, repair the cracking using a method approved in accordance with the procedures specified in paragraph (k) of this AD. (i) Credit for Previous Actions 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 Multi Operator Message MOM–MOM–16–0684– 01B, dated October 7, 2016. (j) Special Flight Permit Special flight permits, as described in Section 21.197 and Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199), may be issued to operate the airplane to a location where the requirements of this AD can be accomplished, but concurrence by the Manager, Los Angeles ACO Branch, FAA, is required before issuance of the special flight permit. (k) 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 (l) of this AD. Information may be emailed to: 9-ANMLAACO-AMOC-Requests@faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, E:\FR\FM\30AUR1.SGM 30AUR1 Federal Register / Vol. 82, No. 167 / Wednesday, August 30, 2017 / Rules and Regulations 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 Commercial Airplanes Organization Designation Authorization (ODA) that has been authorized by the Manager, Los Angeles ACO Branch, 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) Except as required by paragraph (h) of this AD: For service information that contains steps that are labeled as Required for Compliance (RC), the provisions of paragraphs (k)(4)(i) and (k)(4)(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. (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, call 202–741–6030, or go to: http:// www.archives.gov/federal-register/cfr/ibrlocations.html. Issued in Renton, Washington, on August 17, 2017. Jeffrey E. Duven, Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2017–18165 Filed 8–29–17; 8:45 am] BILLING CODE 4910–13–P CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Part 1308 [Docket No. CPSC–2016–0017] Prohibition of Children’s Toys and Child Care Articles Containing Specified Phthalates: Determinations Regarding Certain Plastics U.S. Consumer Product Safety Commission. ACTION: Final rule. AGENCY: SUMMARY: The Consumer Product Safety Commission (Commission, or CPSC) is issuing a final rule that determines that certain plastics with specified additives (l) Related Information would not contain the specified (1) For more information about this AD, phthalates prohibited in children’s toys contact George Garrido, Aerospace Engineer, and child care articles. Based on these Airframe Section, FAA, Los Angeles ACO determinations, the specified plastics Branch, 3960 Paramount Boulevard, Lakewood, CA 90712–4137; phone: 562–627– with specified additives will not require third party testing for compliance with 5232; fax: 562–627–5210; email: george.garrido@faa.gov. the mandatory prohibitions on (2) Service information identified in this children’s toys and child care articles AD that is not incorporated by reference is containing phthalates. available at the addresses specified in DATES: The rule is effective on paragraphs (m)(3) and (m)(4) of this AD. September 29, 2017. (m) Material Incorporated by Reference FOR FURTHER INFORMATION CONTACT: John (1) The Director of the Federal Register W. Boja, Lead Compliance Officer, approved the incorporation by reference Regulatory Enforcement, Office of (IBR) of the service information listed in this Compliance and Field Operations, paragraph under 5 U.S.C. 552(a) and 1 CFR Consumer Product Safety Commission, part 51. 4330 East West Highway Bethesda, MD (2) You must use this service information 20814–4408; telephone: 301–504–7300; as applicable to do the actions required by email: jboja@cpsc.gov. this AD, unless the AD specifies otherwise. (i) Boeing Alert Service Bulletin MD80– SUPPLEMENTARY INFORMATION: 53A316, dated December 15, 2016. (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; Internet https:// www.myboeingfleet.com. (4) You may view this service information at the FAA, Transport Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. VerDate Sep<11>2014 13:47 Aug 29, 2017 Jkt 241001 A. Background 1. Third Party Testing and Burden Reduction Section 14(a) of the Consumer Product Safety Act, (CPSA), as amended by the Consumer Product Safety Improvement Act of 2008 (CPSIA), requires that manufacturers of products subject to a consumer product safety rule or similar rule, ban, standard, or regulation enforced by the CPSC, must PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 41163 certify that the product complies with all applicable CPSC-enforced requirements. 15 U.S.C. 2063(a). For children’s products, certification must be based on testing conducted by a CPSC-accepted third party conformity assessment body. Id. Public Law 112–28 (August 12, 2011) amended the CPSA and directed the CPSC to seek comment on ‘‘opportunities to reduce the cost of third party testing requirements consistent with assuring compliance with any applicable consumer product safety rule, ban, standard, or regulation.’’ Public Law 112–28 also authorized the Commission to issue new or revised third party testing regulations if the Commission determines ‘‘that such regulations will reduce third party testing costs consistent with assuring compliance with the applicable consumer product safety rules, bans, standards, and regulations.’’ 15 U.S.C. 2063(d)(3)(B). 2. Prohibitions in Section 108 of the CPSIA Section 108(a) of the CPSIA permanently prohibits the manufacture for sale, offer for sale, distribution in commerce, or importation into the United States of any ‘‘children’s toy or child care article’’ that contains concentrations of more than 0.1 percent of di(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or butyl benzyl phthalate (BBP). 15 U.S.C. 2057c(a). Section 108(b)(1) prohibits on an interim basis (i.e., until the Commission promulgates a final rule), the manufacture for sale, offer for sale, distribution in commerce, or importation into the United States of ‘‘any children’s toy that can be placed in a child’s mouth’’ or ‘‘child care article’’ containing concentrations of more than 0.1 percent of diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DNOP). 15 U.S.C. 2057c(b)(1). Children’s toys and child care articles subject to the content limits in section 108 of the CPSIA require third party testing for compliance with the phthalate content limits before the manufacturer can issue a Children’s Product Certificate (CPC) and enter the children’s toys or child care articles into commerce. The CPSIA required the Commission to appoint a Chronic Hazard Advisory Panel (CHAP) to ‘‘study the effects on children’s health of all phthalates and phthalate alternatives as used in children’s toys and child care articles.’’ 15 U.S.C. 2057c(b)(2). The CHAP issued E:\FR\FM\30AUR1.SGM 30AUR1

Agencies

[Federal Register Volume 82, Number 167 (Wednesday, August 30, 2017)]
[Rules and Regulations]
[Pages 41160-41163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18165]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0503; Product Identifier 2017-NM-032-AD; Amendment 
39-19009; AD 2017-17-19]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for all The 
Boeing Company Model DC-9-81 (MD-

[[Page 41161]]

81), DC-9-82 (MD-82), DC-9-83 (MD-83), and DC-9-87 (MD-87) airplanes, 
and Model MD-88 airplanes. This AD was prompted by reports of cracking 
of various structures in the bulkhead. This AD requires an inspection 
for cracking in these structures, and corrective actions if necessary. 
We are issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective October 4, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 4, 
2017.

ADDRESSES: For service information identified in this final rule, 
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 service information at the 
FAA, Transport Standards Branch, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 425-
227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0509.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0503; 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 final rule, the regulatory evaluation, any comments 
received, and other information. The address for the Docket Office 
(phone: 800-647-5527) is Docket 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: George Garrido, Aerospace Engineer, 
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount 
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5232; fax: 562-627-
5210; email: george.garrido@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply 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. The NPRM published in the 
Federal Register on June 2, 2017 (82 FR 25547). The NPRM was prompted 
by reports of cracking of various structures in the bulkhead. The NPRM 
proposed to require an inspection for cracking in these structures, and 
corrective actions if necessary. We are issuing this AD to detect and 
correct cracking at the cant station 1463 bulkhead and cant station 
1254 bulkhead, which could result in reduced structural integrity of 
the airplane.

Comments

    We gave the public the opportunity to participate in developing 
this final rule. The following presents the comments received on the 
NPRM and the FAA's response to each comment.

Support for the NPRM

    Boeing stated that it appreciates the credit for actions done prior 
to the effective date of the AD specified in paragraph (i) of the 
proposed AD.

Request To Clarify Location of Crack Findings

    Boeing requested that we revise the Discussion section to add the 
vertical stabilizer location in the sentence ``The cracks were in the 
upper left area of the bulkhead, between longerons L-2 and L-3, in the 
frame web, horizontal stiffeners, lower frame cap, [vertical 
stabilizer] rear spar cap, and spar cap web.''
    We partially agree with Boeing's request. The added wording does 
accurately indicate the cracking location. However, this description is 
not repeated in this final rule. Therefore, no change is needed in this 
regard.

Requests To Revise Inspection Locations for Affected Airplanes

    Boeing and Delta Airlines (DAL) requested that we revise paragraph 
(g) of the proposed AD to include Model MD-88 airplanes in the cant 
station 1463 bulkhead group instead of the cant station 1254 bulkhead 
group. The commenters explained that Model MD-88 airplanes share the 
same fuselage length (and hence, station numbers) as Model DC-9-81, DC-
9-82, and DC-9-83 airplanes. The commenters also request that, with the 
requested change to paragraph (g) of the proposed AD, we remove 
paragraph (h)(1) of the proposed AD since there would be no need for 
that exception to the service information.
    We agree with the commenters' requests. The cant station 1463 
bulkhead is correct for Model MD-88 airplanes. This group revision does 
not change the overall scope of the actions required for Model MD-88 
airplanes. We agree that the service information exception in paragraph 
(h)(1) of the proposed AD is no longer needed. We have revised the 
Model MD-88 grouping in paragraph (g) of this AD, removed paragraph 
(h)(1) of the proposed AD, and redesignated paragraph (h)(2) of the 
proposed AD as paragraph (h) in this AD.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this final rule with the changes described previously and minor 
editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin MD80-53A316, dated 
December 15, 2016. The service information describes procedures for a 
detailed inspection on the left and right sides of the forward and aft 
surfaces of cant station 1463 bulkhead and cant station 1254 bulkhead 
for cracking in the upper caps, upper cap doublers, bulkhead webs and 
doublers, stiffeners, lower caps, and vertical stabilizer rear spar 
caps and webs, between longerons L-11L through L-11R, and corrective 
actions. 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.

Costs of Compliance

    We estimate that this AD will affect 361 airplanes of U.S. 
registry. We estimate the following costs to comply with this AD:

[[Page 41162]]



                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection.........................  3 work-hours x $85 per hour              $0            $255         $92,055
                                      = $255.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this AD.

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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes to 
the Director of the System Oversight Division.

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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

Adoption of 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 adding the following new airworthiness 
directive (AD):

2017-17-19 The Boeing Company: Amendment 39-19009; Docket No. FAA-
2017-0503; Product Identifier 2017-NM-032-AD.

(a) Effective Date

    This AD is effective October 4, 2017.

(b) Affected ADs

    None.

(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 53; Fuselage.

(e) Unsafe Condition

    This AD was prompted by reports of cracking of various 
structures at the cant station 1463 bulkhead and at the cant station 
1254 bulkhead. We are issuing this AD to detect and correct cracking 
at the cant station 1463 bulkhead and cant station 1254 bulkhead, 
which could result in reduced structural integrity of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Inspection and Corrective Action

    Within 700 flight cycles or 6 months after the effective date of 
this AD, whichever occurs first, do a detailed inspection for 
cracking on the left and right sides of the forward and aft surfaces 
of the cant station 1463 bulkhead (for Model DC-9-81 (MD-81), DC-9-
82 (MD-82), and DC-9-83 (MD-83) airplanes, and Model MD-88 
airplanes) and cant station 1254 bulkhead (for Model DC-9-87 (MD-87) 
airplanes); and do all applicable corrective actions; in accordance 
with the Accomplishment Instructions of Boeing Alert Service 
Bulletin MD80-53A316, dated December 15, 2016, except as required in 
paragraph (h) of this AD. Do all applicable corrective actions 
before further flight.

(h) Exception to Service Information

    Where Boeing Alert Service Bulletin MD80-53A316, dated December 
15, 2016, specifies to contact Boeing for appropriate action and 
specifies that action as ``RC'' (Required for Compliance): Before 
further flight, repair the cracking using a method approved in 
accordance with the procedures specified in paragraph (k) of this 
AD.

(i) Credit for Previous Actions

    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 Multi Operator Message MOM-
MOM-16-0684-01B, dated October 7, 2016.

(j) Special Flight Permit

    Special flight permits, as described in Section 21.197 and 
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197 
and 21.199), may be issued to operate the airplane to a location 
where the requirements of this AD can be accomplished, but 
concurrence by the Manager, Los Angeles ACO Branch, FAA, is required 
before issuance of the special flight permit.

(k) 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 (l) of this AD. Information may 
be emailed to: 9-ANM-LAACO-AMOC-Requests@faa.gov.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector,

[[Page 41163]]

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 Commercial Airplanes Organization 
Designation Authorization (ODA) that has been authorized by the 
Manager, Los Angeles ACO Branch, 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) Except as required by paragraph (h) of this AD: For service 
information that contains steps that are labeled as Required for 
Compliance (RC), the provisions of paragraphs (k)(4)(i) and 
(k)(4)(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.

(l) Related Information

    (1) For more information about this AD, contact George Garrido, 
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5232; fax: 562-627-5210; email: george.garrido@faa.gov.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (m)(3) and (m)(4) of this AD.

(m) 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 MD80-53A316, dated December 
15, 2016.
    (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; Internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport 
Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information 
on the availability of this material at the FAA, call 425-227-1221.
    (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, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on August 17, 2017.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2017-18165 Filed 8-29-17; 8:45 am]
BILLING CODE 4910-13-P