[Federal Register: August 5, 2004 (Volume 69, Number 150)]
[Proposed Rules]
[Page 47388-47391]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05au04-21]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 47388]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2004-18774; Directorate Identifier 2003-NM-212-AD]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model DC-9-10, -20, -
30, -40, and -50 Series Airplanes; and Model DC-9-81 (MD-81) and DC-9-
82 (MD-82) Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain McDonnell Douglas Model DC-9-10, -20, -30, -40, and -50
series airplanes; and Model DC-9-81 (MD-81) and DC-9-82 (MD-82)
airplanes. This proposed AD would require repetitive detailed
inspections of the upper and lower caps of the rear spar of the left
and right wings, and corrective action if necessary. This proposed AD
also provides an optional modification that would end the repetitive
inspections. This proposed AD is prompted by reports of fatigue cracks
in the upper and lower caps of the wing spar. We are proposing this AD
to detect and correct fatigue cracking in the upper and lower caps of
the rear spar of the left and right wings, which could result in
structural failure of the wings.
DATES: We must receive comments on this proposed AD by September 20,
2004.
ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD.
DOT Docket web site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking web site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street SW., Nassif Building, room PL-401,
Washington, DC 20590.
By fax: (202) 493-2251.
Hand Delivery: room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
For the service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood
Boulevard, Long Beach, California 90846, Attention: Data and Service
Management, Dept. C1-L5A (D800-0024).
You can examine the contents of this AD docket on the Internet at
http://dms.dot.gov, or at the Docket Management Facility, U.S.
Department of Transportation, 400 Seventh Street SW., room PL-401, on
the plaza level of the Nassif Building, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Wahib Mina, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137;
telephone (562) 627-5324; fax (562) 627-5210.
SUPPLEMENTARY INFORMATION:
Docket Management System (DMS)
The FAA has implemented new procedures for maintaining AD dockets
electronically. As of May 17, 2004, new AD actions are posted on DMS
and assigned a docket number. We track each action and assign a
corresponding directorate identifier. The DMS AD docket number is in
the form ``Docket No. FAA-2004-99999.'' The Transport Airplane
Directorate identifier is in the form ``Directorate Identifier 2004-NM-
999-AD.'' Each DMS AD docket also lists the directorate identifier
(``Old Docket Number'') as a cross-reference for searching purposes.
Comments Invited
We invite you to submit any written relevant data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2004-18774;
Directorate Identifier 2003-NM-212-AD'' in the subject line of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the proposed AD. We will
consider all comments submitted by the closing date and may amend the
proposed AD in light of those comments.
We will post all comments we receive, without change, to http://dms.dot.gov
, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact with FAA
personnel concerning this proposed AD. Using the search function of
that website, anyone can find and read the comments in any of our
dockets, including the name of the individual who sent the comment (or
signed the comment on behalf of an association, business, labor union,
etc.). You may review DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
may visit http://dms.dot.gov.
We are reviewing the writing style we currently use in regulatory
documents. We are interested in your comments on whether the style of
this document is clear, and your suggestions to improve the clarity of
our communications that affect you. You can get more information about
plain language at http://www.faa.gov/language and http://www.plainlanguage.gov.Examining
the Docket
You can examine the AD docket in person at the Docket Management
Facility office between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Docket Management Facility office
(telephone (800) 647-5227) is located on the plaza level of the Nassif
Building at the DOT street address stated in the ADDRESSES section.
Comments will be available in the AD docket shortly after the DMS
receives them.
Discussion
We have received a report of cracks found in the lower cap of the
rear spars of the left and right wing near station Xrs=267.000 during
fatigue testing of fuselage number 3 on a McDonnell Douglas DC-9-14
airplane. Fuselage number 3 had accumulated 42,900 total flight hours
and 66,504 total flight cycles before being removed from service for
fatigue testing. An operator of McDonnell Douglas DC-9-30 series
[[Page 47389]]
airplanes also reported cracks found in the upper cap of the rear spar.
In addition, several operators of McDonnell Douglas Model DC-9-81 (MD-
81) and DC-9-82 (MD-82) airplanes reported cracks found in the upper
and lower cap of the rear spar. Also, according to the manufacturer's
analysis, for McDonnell Douglas Model DC-9-81 (MD-81) and DC-9-82 (MD-
82) airplanes, fatigue cracking in the upper and lower caps of the rear
spar of the wings at station Xrs=267.000 may initiate at about 15,000
total landing cycles as a result of loads introduced by the flap hinge
fitting. Fatigue cracking in the upper and lower caps of the rear spar
of the left and right wings, if not detected and corrected, could
result in structural failure of the wings.
The subject area on certain Model DC-9-20, -40, and -50 series
airplanes is almost identical to that on the affected Model DC-9-10 and
-30 series airplanes and Model DC-9-81 (MD-81) and DC-9-82 (MD-82)
airplanes. Therefore, those Model DC-9-20, -40, and -50 series
airplanes may be subject to the unsafe condition revealed on the DC-9-
10 and -30 series airplanes and Model DC-9-81 (MD-81) and DC-9-82 (MD-
82) airplanes.
Relevant Service Information
We have reviewed McDonnell Douglas DC-9 Service Bulletin 57-179,
Revision 1, dated December 21, 1994. The service bulletin describes
procedures for initial and repetitive detailed inspections of the upper
and lower caps of the rear spar of the left and right wings at station
Xrs=267.000 for cracks, and corrective action if necessary. The
corrective action includes doing the permanent repair modification or
the temporary repair modification of the upper and lower caps of the
rear spar. The permanent repair modification extends the compliance
time for the next repetitive detailed inspection. The temporary repair
modification includes doing repetitive detailed, eddy current, and
ultrasonic inspections for any crack progression or any new crack, and
doing the permanent repair modification if any crack progression or any
new crack is found.
The service bulletin also specifies that doing the crack
preventative modification described in other service bulletins
eliminates the need for the repetitive inspections.
McDonnell Douglas DC-9 Service Bulletin 57-160, dated December 7,
1987; MD-80 Service Bulletin 57-177, Revision 1, dated June 12, 1989;
and MD-80 Service Bulletin 57-178, Revision 1, dated June 12, 1990;
describe procedures for the crack preventative modification at station
Xrs=267.000. The procedures include replacing/modifying the flap hinge
fitting, brace fitting, and rear spar area, as applicable.
We have determined that doing the actions specified in McDonnell
Douglas DC-9 Service Bulletin 57-179, Revision 1, dated December 21,
1994, will adequately address the unsafe condition.
FAA's Determination and Requirements of the Proposed AD
We have evaluated all pertinent information and identified an
unsafe condition that is likely to exist or develop on other airplanes
of this same type design. Therefore, we are proposing this AD, which
would require repetitive detailed inspections of the upper and lower
caps of the rear spar of the left and right wings, and corrective
action if necessary. The proposed AD would require you to use McDonnell
Douglas DC-9 Service Bulletin 57-179, Revision 1, dated December 21,
1994, described previously to do these actions, except as discussed
under ``Differences Between the Proposed AD and the Service Bulletin.''
Differences Between the Proposed AD and the Service Bulletins
Operators should note that McDonnell Douglas DC-9 Service Bulletin
57-179, Revision 1, dated December 21, 1994, specifies that, if any
crack progression or any new crack is found after the temporary repair,
the permanent repair modification must be done within 3,000 landings.
However, this proposed AD would require that if any crack progression
or new crack is detected, repair must be done before further flight per
a method approved by the FAA. This difference has been coordinated with
the manufacturer.
In addition, McDonnell Douglas DC-9 Service Bulletin 57-160, dated
December 7, 1987; MD-80 Service Bulletin 57-177, Revision 1, dated June
12, 1989; and MD-80 Service Bulletin 57-178, Revision 1, dated June 12,
1990; specify that operators may contact the manufacturer for specific
modification information. However, this proposed AD would require
operators to repair those conditions per a method approved by the FAA.
Costs of Compliance
This proposed AD would affect about 583 airplanes of U.S. registry
and 1,163 airplanes worldwide. The proposed inspection would take about
4 work hours per airplane, at an average labor rate of $65 per work
hour. Based on these figures, the estimated cost of the proposed AD for
U.S. operators is $151,580 or $260 per airplane, per inspection cycle.
Regulatory Findings
We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify that the proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD. See the ADDRESSES section for a location
to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
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]
2. The FAA amends Sec. 39.13 by adding the following new
airworthiness directive (AD):
McDonnell Douglas: Docket No. FAA-2004-18774; Directorate Identifier
2003-NM-212-AD.
Comments Due Date
(a) The Federal Aviation Administration (FAA) must receive
comments on this AD action by September 20, 2004.
Affected ADs
(b) None.
Applicability
(c) This AD applies to the models listed in Table 1 of this AD,
certificated in any category; as listed in McDonnell Douglas DC-
[[Page 47390]]
9 Service Bulletin 57-179, Revision 1, dated December 21, 1994.
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Model DC-9-11, DC-9-12, DC-9-13, DC-9-14, DC-9-15, and DC-9-15F
airplanes.
Model DC-9-21 airplanes.
Model DC-9-31, DC-9-32, DC-9-32 (VC-9C), DC-9-32F, DC-9-33F, DC-9-34, DC-
9-34F, and DC-9-32F (C-9A, C-9B) airplanes.
Model DC-9-41 airplanes.
Model DC-9-51 airplanes.
Model DC-9-81 (MD-81), and DC-9-82 (MD-82) airplanes.
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Unsafe Condition
(d) This AD was prompted by reports of fatigue cracks in the
upper and lower caps of the wing spar. We are issuing this AD to
detect and correct fatigue cracking in the upper and lower caps of
the rear spar of the left and right wings, which could result in
structural failure of the wings.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Service Bulletin Reference
(f) Unless otherwise stated, the term ``service bulletin,'' as
used in this AD, means McDonnell Douglas DC-9 Service Bulletin 57-
179, Revision 1, dated December 21, 1994.
Inspection of the Upper and Lower Caps of the Rear Spar
(g) At the time specified in paragraph (g)(1) or (g)(2) of this
AD, as applicable, do a detailed inspection of the upper and lower
caps of the rear spar of the left and right wings at station
Xrs=267.000 for cracks, in accordance with the Accomplishment
Instructions of the service bulletin.
(1) For Group 1 airplanes identified in paragraph 1.A.(1) of the
service bulletin: Inspect prior to the accumulation of 50,000 total
landings or within 3,000 landings after the effective date of this
AD, whichever occurs later.
(2) For Group 2 airplanes identified in paragraph 1.A.(1) of the
service bulletin: Inspect prior to the accumulation of 20,000 total
landings or within 3,000 landings after the effective date of this
AD, whichever occurs later.
Note 1: For the purposes of this AD, a detailed inspection is
``An intensive visual examination of a specific structural area,
system, installation, or assembly to detect damage, failure, or
irregularity. Available lighting is normally supplemented with a
direct source of good lighting at intensity deemed appropriate by
the inspector. Inspection aids such as mirror, magnifying lenses,
etc., may be used. Surface cleaning and elaborate access procedures
may be required.''
No Crack Detected: Repetitive Inspections
(h) If no crack is detected during any detailed inspection
required by paragraph (g) of this AD, repeat the inspection
thereafter at intervals not to exceed 3,000 landings until the crack
preventative modification specified in paragraph (m) of this AD is
done.
Any Crack Detected: Corrective Actions
(i) If any crack is detected during any detailed inspection
required by paragraph (g) of this AD, before further flight, do the
actions in paragraph (j) of this AD, except as provided by paragraph
(k) of this AD.
Permanent Repair Modification
(j) If required by paragraph (i) of this AD, do the permanent
repair modification of the upper and lower caps of the rear spar;
and at the times specified in paragraph (j)(1) or (j)(2) of this AD,
as applicable, do the detailed inspection specified in paragraph (g)
of this AD. Do the actions in accordance with the Accomplishment
Instructions of the service bulletin.
(1) For Group 1 airplanes identified in paragraph 1.A.(1) of the
service bulletin: Within 53,000 landings after accomplishing the
permanent repair modification, do the detailed inspection. Repeat
the detailed inspection thereafter at intervals not to exceed 3,000
landings until the crack preventative modification specified in
paragraph (m) of this AD is done.
(2) For Group 2 airplanes identified in paragraph 1.A.(1) of the
service bulletin: Within 33,000 landings after accomplishing the
permanent repair modification, do the detailed inspection. Repeat
the detailed inspection thereafter at intervals not to exceed 3,000
landings until the crack preventative modification specified in
paragraph (m) of this AD is done.
Optional Temporary Repair Modification for Certain Cracking
(k) In lieu of the actions specified in paragraph (j) of this
AD, for any crack that does not exceed the limits specified in the
Accomplishment Instructions of the service bulletin: Before further
flight, do the temporary repair modification of the upper and lower
caps of the rear spar; and at the times specified in paragraphs
(k)(1) and (k)(2) of this AD, do the detailed inspections specified
in paragraphs (k)(1) and (k)(2) of this AD. Do the actions in
accordance with the Accomplishment Instructions of the service
bulletin.
(1) Within 1,500 landings after accomplishing the temporary
repair modification, do a detailed inspection of the temporary
repair for any new crack or crack progression and repeat the
inspection thereafter at intervals not to exceed 1,500 landings
until the permanent repair modification specified in paragraph (j)
of this AD is done.
(2) Within 3,000 landings after accomplishing the temporary
repair modification, do detailed, eddy current, and ultrasonic
inspections of the temporary repair for any new crack or crack
progression and repeat the inspections thereafter at intervals not
to exceed 3,000 landings until the permanent repair modification
specified in paragraph (j) of this AD is done.
(l) If any crack progression or new crack is detected during any
inspection required by paragraph (k)(1) or (k)(2) of this AD, before
further flight, repair per a method approved by the Manager, Los
Angeles Aircraft Certification Office (ACO), FAA. For a repair
method to be approved by the Manager, Los Angeles ACO, as required
by this paragraph, the Manager's approval letter must specifically
refer to this AD.
Optional Terminating Crack Preventative Modification
(m) Except as provided by paragraph (n) of this AD,
accomplishment of the crack preventative modification in accordance
with the applicable service bulletin listed in Table 2 of this AD
ends the repetitive inspections required by this AD. If the
applicable service bulletin specifies to contact the manufacturer
for specific modification information: Repair per a method approved
by the Manager, Los Angeles Aircraft Certification Office (ACO),
FAA. For a repair method to be approved by the Manager, Los Angeles
ACO, as required by this paragraph, the Manager's approval letter
must specifically refer to this AD.
Table 2.--Service Bulletins for Crack Preventative Modification
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For Airplane Model-- Use McDonnell Douglas Service Bulletin--
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Model DC-9-10, -20, -30, -40, and -50 series airplanes; DC-9 Service Bulletin 57-160, dated December 7, 1987.
and Model DC-9-81 (MD-81) and DC-9-82 (MD-82)
airplanes.
Model DC-9-81 (MD-81),DC-9-82 (MD-82), and DC-9-83 (MD- MD-80 Service Bulletin 57-177, Revision 1, dated June
83) airplanes. 12, 1989.
Model DC-9-82 (MD-82), airplanes....................... MD-80, Service Bulletin 57-178, Revision 1, dated June
12, 1990.
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(n) For airplanes on which the temporary repair modification
specified in paragraph (k) of this AD has been done: Before or
concurrently with the crack preventative modification specified in
paragraph (m) of this AD, do the permanent repair modification
specified in paragraph (j) of this AD.
[[Page 47391]]
Alternative Methods of Compliance (AMOCs)
(o) The Manager, Los Angeles ACO, FAA, has the authority to
approve AMOCs for this AD, if requested in accordance with the
procedures found in 14 CFR 39.19.
Issued in Renton, Washington, on July 29, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-17859 Filed 8-4-04; 8:45 am]
BILLING CODE 4910-13-P