Airworthiness Directives; The Boeing Company Airplanes, 9185-9188 [2023-02934]
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Federal Register / Vol. 88, No. 29 / Monday, February 13, 2023 / Rules and Regulations
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Service Letter SEL–57–08, dated November 1,
2019 (Textron SEL–57–08); Textron Aviation
Mandatory Single Engine Service Letter SEL–
57–08, Revision 1, dated November 19, 2019
(Textron SEL–57–08R1); Textron Aviation
Mandatory Single Service Letter SEL–57–09,
dated November 19, 2019 (Textron SEL–57–
09); Textron Aviation Mandatory Single
Engine Service Letter SEL–57–06, dated June
24, 2019 (Textron SEL–57–06); Textron
Aviation Mandatory Single Engine Service
Letter SEL–57–06, Revision 1, dated
November 19, 2019 (Textron SEL–57–06R1);
Textron Aviation Mandatory Single Engine
Service Letter, SEL–57–07, dated June 24,
2019 (Textron SEL–57–07); or Textron
Aviation Mandatory Single Engine Service
Letter, SEL–57–07, Revision 1, dated
November 19, 2019 (Textron SEL–57–07R1).
(2) You may take credit for the eddy
current inspection of the lower cap kick area
and all locations where corrosion was
removed on the carry-thru spar lower cap
and the corrosion removal as specified in
paragraph (h) of this AD if you performed the
eddy current inspection and corrosion
removal required before the effective date of
this AD using Textron SEL–57–08, Textron
SEL–57–08R1, Textron SEL–57–06, Textron
SEL–57–06R1, Textron SEL–57–07, Textron
SEL–57–07R1, or Textron SEL–57–09.
(3) You may take credit for the corrosion
protection required by paragraph (i) of this
AD if you performed those actions before the
effective date of this AD using Textron SEL–
57–08, Textron SEL–57–08R1, or Textron
SEL–57–09.
(4) To take credit for any previous action,
you must have provided a completed CarryThru Spar Inspection Report, an attachment
to Textron SEL–57–06, Textron SEL–57–06
R1, Textron SEL–57–07, Textron SEL–57–
07R1, Textron SEL–57–08, Textron SEL–57–
08R1, or Textron SEL–57–09 to Textron
Aviation Inc. before the effective date of this
AD, or you must comply with paragraph (k)
of this AD within 30 days after the effective
date of this AD.
(m) Special Flight Permit
(1) This AD prohibits a special flight
permit if the inspection identifies cracking in
the carry-thru spar.
(2) Special flight permits, as described in
14 CFR 21.197 and 21.199, may be issued for
airplanes on which corrosion was identified
to operate to a location where the
requirements of this AD can be
accomplished.
(3) Special flight permits, as described in
14 CFR 21.197 and 21.199, may be issued for
an airplane demonstrating evidence of
previous blending for which credit for
previous actions, as defined in paragraph (l),
cannot be granted or for an airplane
demonstrating any damage other than
corrosion or cracking, but concurrence by the
Manager, Wichita ACO Branch, FAA is
required before issuance of the special flight
permit. Send requests for a special flight
permit to your local Flight Standards District
Office.
(n) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Wichita ACO Branch,
FAA, has the authority to approve AMOCs
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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 (o) of this
AD.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair,
modification, or alteration required by this
AD if it is approved by a Textron Aviation,
Inc. Unit Member (UM) of the Textron
Organization Designation Authorization
(ODA), that has been authorized by the
Manager, Wichita ACO Branch, to make
those findings. To be approved, the repair,
modification deviation, or alteration
deviation must meet the certification basis of
the airplane, and the approval must
specifically refer to this AD.
(o) Related Information
For more information about this AD,
contact Bobbie Kroetch, Aviation Safety
Engineer, Wichita ACO Branch, FAA, 1801
Airport Road, Wichita, KS 67209; phone:
(316) 946–4155; email: bobbie.kroetch@
faa.gov or Wichita-COS@faa.gov.
(p) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference 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) Textron Aviation Mandatory Single
Engine Service Letter, SEL–57–08, Revision
2, dated August 3, 2020.
(ii) Textron Aviation Mandatory Single
Engine Service Letter, SEL–57–09, Revision
1, dated August 3, 2020.
(3) For service information identified in
this AD, contact Textron Aviation Inc., One
Cessna Boulevard, Wichita, KS 67215; phone:
(316) 517–6061; email: structures@txtav.com;
website: support.cessna.com.
(4) You may view this service information
at FAA, Airworthiness Products Section,
Operational Safety Branch, 901 Locust,
Kansas City, MO 64106. For information on
the availability of this material at the FAA,
call (817) 222–5110.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email: fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on February 1, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–02986 Filed 2–10–23; 8:45 am]
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9185
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–1050; Project
Identifier AD–2021–01257–T; Amendment
39–22316; AD 2023–02–09]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is superseding
Airworthiness Directive (AD) 2007–10–
04, which applied to all McDonnell
Douglas Model DC–9–81 (MD–81), DC–
9–82 (MD–82), DC–9–83 (MD–83), DC–
9–87 (MD–87), and MD–88 airplanes.
AD 2007–10–04 required repetitive
inspections to detect cracks in the
horizontal stabilizer, and related
investigative and corrective actions if
necessary. Since the FAA issued AD
2007–10–04, it has been determined that
certain compliance times and repetitive
intervals must be reduced to address the
unsafe condition. This AD continues to
require the actions specified in AD
2007–10–04 with revised compliance
times for certain actions. The FAA is
issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective March 20,
2023.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of March 20, 2023.
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2022–1050; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this final rule, any comments
received, and other information. The
address for Docket Operations is U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, Washington, DC
20590.
Material Incorporated by Reference:
• For service information
incorporated by reference in this AD,
contact Boeing Commercial Airplanes,
Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC
110–SK57, Seal Beach, CA 90740–5600;
telephone 562–797–1717; website
myboeingfleet.com.
• You may view this service
information at the FAA, Airworthiness
SUMMARY:
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9186
Federal Register / Vol. 88, No. 29 / Monday, February 13, 2023 / Rules and Regulations
Products Section, Operational Safety
Branch, 2200 South 216th St., Des
Moines, WA. For information on the
availability of this material at the FAA,
call 206–231–3195. It is also available at
regulations.gov under Docket No. FAA–
2022–1050.
FOR FURTHER INFORMATION CONTACT:
Manuel Hernandez, Aerospace
Engineer, Airframe Section, FAA, Los
Angeles ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712–4137;
phone: 562–627–5256; email:
Manuel.F.Hernandez@faa.gov.
SUPPLEMENTARY INFORMATION:
and correct cracks in the upper and
lower aft skin panels and rear spar
upper caps, which, if not corrected,
could lead to the loss of overall
structural integrity of the horizontal
stabilizer.
Background
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2007–10–04,
Amendment 39–15045 (72 FR 25960,
May 8, 2007) (AD 2007–10–04). AD
2007–10–04 applied to all McDonnell
Douglas Model DC–9–81 (MD–81), DC–
9–82 (MD–82), DC–9–83 (MD–83), DC–
9–87 (MD–87), and MD–88 airplanes.
The NPRM published in the Federal
Register on September 15, 2022 (87 FR
56593). The NPRM was prompted by the
determination that certain compliance
times and repetitive intervals must be
reduced for the high frequency eddy
current (HFEC) surface and open hole
inspections of the rear spar upper caps.
The FAA received a report from Boeing
of a crack found along fasteners in the
upper rear spar that was longer than two
inches during an inspection of the
horizontal rear spar upper cap on a
Model DC–9–82 (MD–82) airplane with
69,799 flight hours and 38,520 flight
cycles. The crack was discovered prior
to the compliance time intervals for the
repetitive inspections required by AD
2007–10–04; it was determined that
certain compliance times do not provide
at least two opportunities to reliably
detect dual origin cracks before they
reach critical length.
In addition, since the FAA issued AD
2007–10–04, the legal name of the
manufacturer has been changed from
McDonnell Douglas Corporation to The
Boeing Company on the most recent
type certificate data sheet for the
affected airplane models.
In the NPRM, the FAA proposed to
continue to require the actions specified
in AD 2007–10–04, with revised
compliance times for certain actions.
The FAA is issuing this AD to detect
Request To Revise ‘‘Related Service
Information Under 1 CFR Part 51’’
Boeing requested that the FAA revise
the description of the service
information in the ‘‘Related Service
Information under 1 CFR part 51’’
paragraph in the NPRM. The paragraph
in the NPRM reads as follows:
‘‘Corrective actions include stop drilling
the end of the crack, trimming out the
crack and installing filler, installing a
horizontal stabilizer upper and lower aft
skin panel splice, replacing the
horizontal stabilizer upper and lower aft
skin panel, installing bushings and cold
working holes, removing the crack and
performing a repair, replacing the
horizontal stabilizer rear spar upper cap
splice, and replacing the splice repair
with a new horizontal stabilizer rear
spar upper cap.’’ Boeing suggested the
FAA revise the text to read: ‘‘Corrective
actions to the horizontal stabilizer skin
panel upper and lower aft skin panel
include options for (1) stop drilling the
end of the crack or trimming out the
crack, and then doing a skin splice
repair or replacing the skin at the given
compliance time, (2) installing a skin
panel splice, or (3) replacing the skin
panel. Corrective actions to the
horizontal stabilizer rear spar upper cap
include options for (1) enlarging the
hole to remove the crack, (2) performing
a cap splice repair, (3) performing a cap
splice repair and cold-working certain
holes, (4) performing a cap replacement,
or (5) performing a cap replacement and
cold-working certain holes.’’ Boeing
reasoned that the revised text would
distinguish between corrective actions
specifically for skins and those for spar
cap, per the Boeing Service Bulletin,
and would also clarify that replacing a
temporarily repaired structure is
Discussion of Final Airworthiness
Directive
applicable only to the skin panel and
not the spar cap; a repaired spar cap is
inspected repetitively.
The FAA agrees and revised the
‘‘Related Service Information under 1
CFR part 51’’ paragraph in the final rule
as requested.
Conclusion
Comments
The FAA received comments from
one commenter, Boeing. The following
presents the comments received on the
NPRM and the FAA’s response to each
comment.
The FAA reviewed the relevant data,
considered any comments received, and
determined that air safety requires
adopting this AD as proposed.
Accordingly, the FAA is issuing this AD
to address the unsafe condition on these
products. Except for minor editorial
changes, and any other changes
described previously, this AD is
adopted as proposed in the NPRM.
None of the changes will increase the
economic burden on any operator.
Related Service Information Under 1
CFR Part 51
The FAA reviewed Boeing Alert
Service Bulletin MD80–55A065,
Revision 2, dated October 11, 2021. This
service information specifies procedures
for repetitive eddy current inspections
(HFEC or low frequency eddy current
inspections, as applicable) of the
horizontal stabilizer; and applicable
corrective actions. Corrective actions to
the horizontal stabilizer skin panel
upper and lower aft skin panel include
options for (1) stop drilling the end of
the crack or trimming out the crack, and
then doing a skin splice repair or
replacing the skin at the given
compliance time, (2) installing a skin
panel splice, or (3) replacing the skin
panel. Corrective actions to the
horizontal stabilizer rear spar upper cap
include options for (1) enlarging the
hole to remove the crack, (2) performing
a cap splice repair, (3) performing a cap
splice repair and cold-working certain
holes, (4) performing a cap replacement,
or (5) performing a cap replacement and
cold-working certain holes.
This service information is reasonably
available because the interested parties
have access to it through their normal
course of business or by the means
identified in ADDRESSES.
Costs of Compliance
The FAA estimates that this AD
affects 22 airplanes of U.S. registry. The
FAA estimates the following costs to
comply with this AD:
ESTIMATED COSTS
Action
Inspections (retained actions
from AD 2007–10–04).
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Labor cost
Parts cost
8 work-hours × $85 per hour
= $680, per inspection
cycle.
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$0
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Cost per product
Cost on U.S. operators
$680 per inspection cycle ......
$14,960 per inspection cycle.
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Federal Register / Vol. 88, No. 29 / Monday, February 13, 2023 / Rules and Regulations
9187
ESTIMATED COSTS—Continued
Action
Labor cost
Inspections (new proposed
action).
Parts cost
Up to 20 work-hours × $85
per hour = $1,700 per inspection cycle.
The FAA estimates the following
costs to do any necessary corrective
actions (e.g., repairs, replacements,
Cost per product
0
Cost on U.S. operators
Up to $1,700 per inspection
cycle.
installation) that would be required
based on the results of the inspection.
The FAA has no way of determining the
Up to $37,400 per inspection
cycle.
number of aircraft that might need these
corrective actions:
ON-CONDITION COSTS
Action
Labor cost
Parts cost
Repair, replacement and installation of upper or
lower aft skin panel or splice.
Stop drill repair ......................................................
Trim out ..................................................................
Install bushings and cold work ..............................
Crack removal and repair ......................................
Replace rear spar upper cap .................................
Up to 656 work-hours × $85 per hour = $55,760
Up to $128,892 ....
Up to $184,652.
4 work-hours × $85 per hour = $340 ...................
8 work-hours × $85 per hour = $680 ...................
26 work-hours × $85 per hour = $2,210 ..............
6 work-hours × $85 per hour = $510 ...................
368 work-hours × $85 per hour = $31,280 ..........
$0 .........................
$0 .........................
$9,827 ..................
$2,033 ..................
$36,402 ................
$340.
$680.
$12,037.
$2,543.
$67,682.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
The FAA is issuing this rulemaking
under the authority described in
Subtitle VII, Part A, Subpart III, Section
44701: General requirements. Under
that section, Congress charges the FAA
with promoting safe flight of civil
aircraft in air commerce by prescribing
regulations for practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce.
This regulation is within the scope of
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
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Regulatory Findings
This AD will not have federalism
implications under Executive Order
13132. This AD will not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Will not affect intrastate aviation
in Alaska, and
(3) Will not have a significant
economic impact, positive or negative,
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Cost per product
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
(MD–87), and MD–88 airplanes, certificated
in any category.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Air Transport Association (ATA) of
America Code 55, Stabilizers.
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
(d) Subject
(e) Unsafe Condition
This AD was prompted by reports of cracks
found in the horizontal stabilizer in the
upper and lower aft skin panels at the aft
inboard corner at station XH = 8.2 and in the
rear spar upper caps adjacent to the aft skin
panel at station XH = 10.0; and by a
determination that certain compliance times
and inspection intervals must be reduced.
The FAA is issuing this AD to detect and
correct cracks in the upper and lower aft skin
panels and rear spar upper caps, which, if
not corrected, could lead to the loss of overall
structural integrity of the horizontal
stabilizer.
(f) Compliance
[Amended]
2. The FAA amends § 39.13 by:
a. Removing Airworthiness Directive
(AD) 2007–10–04, Amendment 39–
15045 (72 FR 25960, May 8, 2007); and
■ b. Adding the following new AD:
Comply with this AD within the
compliance times specified, unless already
done.
2023–02–09 The Boeing Company:
Amendment 39–22316; Docket No.
FAA–2022–1050; Project Identifier AD–
2021–01257–T.
Except as specified in paragraph (h) of this
AD: At the applicable times specified in
paragraph 1.E., ‘‘Compliance,’’ of Boeing
Alert Service Bulletin MD80–55A065,
Revision 2, dated October 11, 2021, do an
eddy current inspection to detect any
cracking in the horizontal stabilizer and do
all applicable repetitive inspections and
corrective actions, in accordance with the
Accomplishment Instructions of Boeing Alert
Service Bulletin MD80–55A065, Revision 2,
dated October 11, 2021. Do all applicable
repetitive inspections and corrective actions
at the times specified in paragraph 1.E.,
‘‘Compliance,’’ of Boeing Alert Service
Bulletin MD80–55A065, Revision 2, dated
October 11, 2021.
■
■
(a) Effective Date
This airworthiness directive (AD) is
effective March 20, 2023.
(b) Affected ADs
This AD replaces AD 2007–10–04,
Amendment 39–15045 (72 FR 25960, May 8,
2007) (AD 2007–10–04).
(c) Applicability
This AD applies to all The Boeing
Company Model DC–9–81 (MD–81), DC–9–
82 (MD–82), DC–9–83 (MD–83), DC–9–87
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(g) Repetitive Inspections and Corrective
Actions
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Federal Register / Vol. 88, No. 29 / Monday, February 13, 2023 / Rules and Regulations
(h) Exceptions to Service Information
Specifications
(1) Where the Compliance Time columns
of the tables in paragraph 1.E.,
‘‘Compliance,’’ of Boeing Alert Service
Bulletin MD80–55A065, Revision 2, dated
October 11, 2021, use the phrase ‘‘the
original issue date of this service bulletin,’’
this AD requires using May 23, 2007 (the
effective date of AD 2007–10–04).
(2) Where the Compliance Time columns
of the tables in paragraph 1.E.,
‘‘Compliance,’’ of Boeing Alert Service
Bulletin MD80–55A065, Revision 2, dated
October 11, 2021, use the phrase ‘‘the
Revision 2 date of this service bulletin,’’ this
AD requires using ‘‘the effective date of this
AD.’’
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(i) Credit for Previous Actions
(1) This paragraph provides credit for the
actions specified in paragraph (g) of this AD,
if those actions were performed before the
effective date of this AD using Boeing Alert
Service Bulletin MD80–55A065, dated April
25, 2007. This service information was
incorporated by reference in AD 2007–10–04,
Amendment 39–15045 (72 FR 25960, May 8,
2007).
(2) This paragraph provides credit for the
actions specified in paragraph (g) of this AD,
if those actions were performed before the
effective date of this AD using Boeing Alert
Service Bulletin MD80–55A065, Revision 1,
dated September 23, 2008. This service
information is not incorporated by reference
in this AD.
(j) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Los Angeles ACO Branch,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with
14 CFR 39.19, send your request to your
principal inspector or responsible Flight
Standards Office, as appropriate. If sending
information directly to the manager of the
certification office, send it to the attention of
the person identified in paragraph (k)(1) of
this AD. Information may be emailed to: 9ANM-LAACO-AMOC-Requests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair,
modification, or alteration required by this
AD if it is approved by The Boeing Company
Organization Designation Authorization
(ODA) that has been authorized by the
Manager, Los Angeles ACO Branch, FAA, to
make those findings. To be approved, the
repair method, modification deviation, or
alteration deviation must meet the
certification basis of the airplane, and the
approval must specifically refer to this AD.
(4) AMOCs approved for AD 2007–10–04
are approved as AMOCs for the
corresponding provisions of Boeing Alert
Service Bulletin MD80–55A065, Revision 2,
dated October 11, 2021, that are required by
paragraph (g) of this AD, except the AMOCs
specified in paragraphs (j)(4)(i) through (iii)
of this AD are not approved as AMOCs for
this AD.
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(i) FAA Letter Number 120L–14–226a,
dated January 29, 2015.
(ii) FAA Letter Number 120L–15–384b,
dated November 2, 2015.
(iii) FAA Letter Number 120L–10–345,
dated August 3, 2010.
(k) Related Information
(1) For more information about this AD,
contact Manuel Hernandez, Aerospace
Engineer, Airframe Section, FAA, Los
Angeles ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712–4137;
phone: 562–627–5256; email:
Manuel.F.Hernandez@faa.gov.
(2) Service information identified in this
AD that is not incorporated by reference is
available at the addresses specified in
paragraphs (l)(3) and (4) of this AD.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Boeing Alert Service Bulletin MD80–
55A065, Revision 2, dated October 11, 2021.
(ii) [Reserved]
(3) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd.,
MC 110–SK57, Seal Beach, CA 90740–5600;
telephone 562–797–1717; website
myboeingfleet.com.
(4) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th
St., Des Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on January 24, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–02934 Filed 2–10–23; 8:45 am]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 81
[2341A2100DD/AAKC001030/
A0A501010.999900]
Policy Guidance for Determining
Eligibility for Organization Under the
Alaska Indian Reorganization Act
Bureau of Indian Affairs,
Interior.
ACTION: Policy guidance.
AGENCY:
This policy guidance clarifies
the Department of the Interior’s
(Department) criteria and procedures for
determining whether an entity is
eligible to organize under the Alaska
amendment to the Indian
Reorganization Act.
DATES: This policy guidance is effective
February 13, 2023.
FOR FURTHER INFORMATION CONTACT:
Oliver Whaley, Director, Office of
Regulatory Affairs & Collaborative
Action—Indian Affairs, (202) 738–6065;
oliver.whaley@bia.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
In 1936, Congress enacted an
amendment to the Indian
Reorganization Act (25 U.S.C. 5108),
(Alaska IRA) to allow groups of Indians
in Alaska, not previously recognized as
bands or tribes by the United States, to
organize under the IRA, provided they
could demonstrate ‘‘a common bond of
occupation, or association, or residence
within a well-defined neighborhood,
community or rural district.’’ See 25
U.S.C. 473a. In 1937, the Department of
the Interior Secretary Harold Ickes
approved ‘‘Instructions’’ describing the
general characteristics of entities that
may organize under the Alaska IRA and
the procedural requirements for
organizing such entities, but do not
address the question of eligibility or the
factors that should be considered in
determining an entity’s eligibility to
organize under the Alaska IRA.
Policy Guidance
This policy guidance clarifies the
criteria and procedures for evaluating
petitions for organization under the
Alaska IRA and supersedes all prior
guidance issued on the same subject. In
particular, this guidance supersedes the
‘‘Instructions’’ approved by Department
of the Interior Secretary Harold Ickes in
1937.
The criteria and procedures outlined
in this policy guidance are intended to
guide the Department in making
E:\FR\FM\13FER1.SGM
13FER1
]]>Agencies
[Federal Register Volume 88, Number 29 (Monday, February 13, 2023)]
[Rules and Regulations]
[Pages 9185-9188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02934]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1050; Project Identifier AD-2021-01257-T;
Amendment 39-22316; AD 2023-02-09]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2007-10-
04, which applied to all McDonnell Douglas Model DC-9-81 (MD-81), DC-9-
82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), and MD-88 airplanes. AD
2007-10-04 required repetitive inspections to detect cracks in the
horizontal stabilizer, and related investigative and corrective actions
if necessary. Since the FAA issued AD 2007-10-04, it has been
determined that certain compliance times and repetitive intervals must
be reduced to address the unsafe condition. This AD continues to
require the actions specified in AD 2007-10-04 with revised compliance
times for certain actions. The FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective March 20, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 20,
2023.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1050; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, any comments received, and other
information. The address for Docket Operations is U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
Material Incorporated by Reference:
For service information incorporated by reference in this
AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone 562-797-1717; website myboeingfleet.com.
You may view this service information at the FAA,
Airworthiness
[[Page 9186]]
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call 206-231-3195. It is also available at regulations.gov under
Docket No. FAA-2022-1050.
FOR FURTHER INFORMATION CONTACT: Manuel Hernandez, Aerospace Engineer,
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5256; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2007-10-04, Amendment 39-15045 (72 FR
25960, May 8, 2007) (AD 2007-10-04). AD 2007-10-04 applied to all
McDonnell Douglas Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-
83), DC-9-87 (MD-87), and MD-88 airplanes. The NPRM published in the
Federal Register on September 15, 2022 (87 FR 56593). The NPRM was
prompted by the determination that certain compliance times and
repetitive intervals must be reduced for the high frequency eddy
current (HFEC) surface and open hole inspections of the rear spar upper
caps. The FAA received a report from Boeing of a crack found along
fasteners in the upper rear spar that was longer than two inches during
an inspection of the horizontal rear spar upper cap on a Model DC-9-82
(MD-82) airplane with 69,799 flight hours and 38,520 flight cycles. The
crack was discovered prior to the compliance time intervals for the
repetitive inspections required by AD 2007-10-04; it was determined
that certain compliance times do not provide at least two opportunities
to reliably detect dual origin cracks before they reach critical
length.
In addition, since the FAA issued AD 2007-10-04, the legal name of
the manufacturer has been changed from McDonnell Douglas Corporation to
The Boeing Company on the most recent type certificate data sheet for
the affected airplane models.
In the NPRM, the FAA proposed to continue to require the actions
specified in AD 2007-10-04, with revised compliance times for certain
actions. The FAA is issuing this AD to detect and correct cracks in the
upper and lower aft skin panels and rear spar upper caps, which, if not
corrected, could lead to the loss of overall structural integrity of
the horizontal stabilizer.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from one commenter, Boeing. The following
presents the comments received on the NPRM and the FAA's response to
each comment.
Request To Revise ``Related Service Information Under 1 CFR Part 51''
Boeing requested that the FAA revise the description of the service
information in the ``Related Service Information under 1 CFR part 51''
paragraph in the NPRM. The paragraph in the NPRM reads as follows:
``Corrective actions include stop drilling the end of the crack,
trimming out the crack and installing filler, installing a horizontal
stabilizer upper and lower aft skin panel splice, replacing the
horizontal stabilizer upper and lower aft skin panel, installing
bushings and cold working holes, removing the crack and performing a
repair, replacing the horizontal stabilizer rear spar upper cap splice,
and replacing the splice repair with a new horizontal stabilizer rear
spar upper cap.'' Boeing suggested the FAA revise the text to read:
``Corrective actions to the horizontal stabilizer skin panel upper and
lower aft skin panel include options for (1) stop drilling the end of
the crack or trimming out the crack, and then doing a skin splice
repair or replacing the skin at the given compliance time, (2)
installing a skin panel splice, or (3) replacing the skin panel.
Corrective actions to the horizontal stabilizer rear spar upper cap
include options for (1) enlarging the hole to remove the crack, (2)
performing a cap splice repair, (3) performing a cap splice repair and
cold-working certain holes, (4) performing a cap replacement, or (5)
performing a cap replacement and cold-working certain holes.'' Boeing
reasoned that the revised text would distinguish between corrective
actions specifically for skins and those for spar cap, per the Boeing
Service Bulletin, and would also clarify that replacing a temporarily
repaired structure is applicable only to the skin panel and not the
spar cap; a repaired spar cap is inspected repetitively.
The FAA agrees and revised the ``Related Service Information under
1 CFR part 51'' paragraph in the final rule as requested.
Conclusion
The FAA reviewed the relevant data, considered any comments
received, and determined that air safety requires adopting this AD as
proposed. Accordingly, the FAA is issuing this AD to address the unsafe
condition on these products. Except for minor editorial changes, and
any other changes described previously, this AD is adopted as proposed
in the NPRM. None of the changes will increase the economic burden on
any operator.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Boeing Alert Service Bulletin MD80-55A065,
Revision 2, dated October 11, 2021. This service information specifies
procedures for repetitive eddy current inspections (HFEC or low
frequency eddy current inspections, as applicable) of the horizontal
stabilizer; and applicable corrective actions. Corrective actions to
the horizontal stabilizer skin panel upper and lower aft skin panel
include options for (1) stop drilling the end of the crack or trimming
out the crack, and then doing a skin splice repair or replacing the
skin at the given compliance time, (2) installing a skin panel splice,
or (3) replacing the skin panel. Corrective actions to the horizontal
stabilizer rear spar upper cap include options for (1) enlarging the
hole to remove the crack, (2) performing a cap splice repair, (3)
performing a cap splice repair and cold-working certain holes, (4)
performing a cap replacement, or (5) performing a cap replacement and
cold-working certain holes.
This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in ADDRESSES.
Costs of Compliance
The FAA estimates that this AD affects 22 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Inspections (retained actions 8 work-hours x $85 $0 $680 per inspection $14,960 per
from AD 2007-10-04). per hour = $680, cycle. inspection cycle.
per inspection
cycle.
[[Page 9187]]
Inspections (new proposed action) Up to 20 work-hours 0 Up to $1,700 per Up to $37,400 per
x $85 per hour = inspection cycle. inspection cycle.
$1,700 per
inspection cycle.
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary
corrective actions (e.g., repairs, replacements, installation) that
would be required based on the results of the inspection. The FAA has
no way of determining the number of aircraft that might need these
corrective actions:
On-Condition Costs
----------------------------------------------------------------------------------------------------------------
Action Labor cost Parts cost Cost per product
----------------------------------------------------------------------------------------------------------------
Repair, replacement and Up to 656 work-hours x Up to $128,892........... Up to $184,652.
installation of upper or lower $85 per hour = $55,760.
aft skin panel or splice.
Stop drill repair.............. 4 work-hours x $85 per $0....................... $340.
hour = $340.
Trim out....................... 8 work-hours x $85 per $0....................... $680.
hour = $680.
Install bushings and cold work. 26 work-hours x $85 per $9,827................... $12,037.
hour = $2,210.
Crack removal and repair....... 6 work-hours x $85 per $2,033................... $2,543.
hour = $510.
Replace rear spar upper cap.... 368 work-hours x $85 $36,402.................. $67,682.
per hour = $31,280.
----------------------------------------------------------------------------------------------------------------
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by:
0
a. Removing Airworthiness Directive (AD) 2007-10-04, Amendment 39-15045
(72 FR 25960, May 8, 2007); and
0
b. Adding the following new AD:
2023-02-09 The Boeing Company: Amendment 39-22316; Docket No. FAA-
2022-1050; Project Identifier AD-2021-01257-T.
(a) Effective Date
This airworthiness directive (AD) is effective March 20, 2023.
(b) Affected ADs
This AD replaces AD 2007-10-04, Amendment 39-15045 (72 FR 25960,
May 8, 2007) (AD 2007-10-04).
(c) Applicability
This AD applies to all The Boeing Company Model DC-9-81 (MD-81),
DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), and MD-88
airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 55, Stabilizers.
(e) Unsafe Condition
This AD was prompted by reports of cracks found in the
horizontal stabilizer in the upper and lower aft skin panels at the
aft inboard corner at station XH = 8.2 and in the rear spar upper
caps adjacent to the aft skin panel at station XH = 10.0; and by a
determination that certain compliance times and inspection intervals
must be reduced. The FAA is issuing this AD to detect and correct
cracks in the upper and lower aft skin panels and rear spar upper
caps, which, if not corrected, could lead to the loss of overall
structural integrity of the horizontal stabilizer.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Repetitive Inspections and Corrective Actions
Except as specified in paragraph (h) of this AD: At the
applicable times specified in paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin MD80-55A065, Revision 2, dated October
11, 2021, do an eddy current inspection to detect any cracking in
the horizontal stabilizer and do all applicable repetitive
inspections and corrective actions, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin MD80-
55A065, Revision 2, dated October 11, 2021. Do all applicable
repetitive inspections and corrective actions at the times specified
in paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
MD80-55A065, Revision 2, dated October 11, 2021.
[[Page 9188]]
(h) Exceptions to Service Information Specifications
(1) Where the Compliance Time columns of the tables in paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin MD80-55A065,
Revision 2, dated October 11, 2021, use the phrase ``the original
issue date of this service bulletin,'' this AD requires using May
23, 2007 (the effective date of AD 2007-10-04).
(2) Where the Compliance Time columns of the tables in paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin MD80-55A065,
Revision 2, dated October 11, 2021, use the phrase ``the Revision 2
date of this service bulletin,'' this AD requires using ``the
effective date of this AD.''
(i) Credit for Previous Actions
(1) This paragraph provides credit for the actions specified in
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using Boeing Alert Service Bulletin MD80-
55A065, dated April 25, 2007. This service information was
incorporated by reference in AD 2007-10-04, Amendment 39-15045 (72
FR 25960, May 8, 2007).
(2) This paragraph provides credit for the actions specified in
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using Boeing Alert Service Bulletin MD80-
55A065, Revision 1, dated September 23, 2008. This service
information is not incorporated by reference in this AD.
(j) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Los Angeles ACO Branch, FAA, has the authority
to approve AMOCs for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your
request to your principal inspector or responsible Flight Standards
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in paragraph (k)(1) of this AD. Information may be
emailed to: [email protected].
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Los
Angeles ACO Branch, FAA, to make those findings. To be approved, the
repair method, modification deviation, or alteration deviation must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
(4) AMOCs approved for AD 2007-10-04 are approved as AMOCs for
the corresponding provisions of Boeing Alert Service Bulletin MD80-
55A065, Revision 2, dated October 11, 2021, that are required by
paragraph (g) of this AD, except the AMOCs specified in paragraphs
(j)(4)(i) through (iii) of this AD are not approved as AMOCs for
this AD.
(i) FAA Letter Number 120L-14-226a, dated January 29, 2015.
(ii) FAA Letter Number 120L-15-384b, dated November 2, 2015.
(iii) FAA Letter Number 120L-10-345, dated August 3, 2010.
(k) Related Information
(1) For more information about this AD, contact Manuel
Hernandez, Aerospace Engineer, Airframe Section, FAA, Los Angeles
ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137;
phone: 562-627-5256; email: [email protected].
(2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (l)(3) and (4) of this AD.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Boeing Alert Service Bulletin MD80-55A065, Revision 2, dated
October 11, 2021.
(ii) [Reserved]
(3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; website myboeingfleet.com.
(4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call 206-231-3195.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on January 24, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-02934 Filed 2-10-23; 8:45 am]
BILLING CODE 4910-13-P
