[Federal Register: September 8, 2004 (Volume 69, Number 173)]
[Rules and Regulations]
[Page 54201-54204]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08se04-3]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-345-AD; Amendment 39-13789; AD 2004-18-11]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model DC-9-14, DC-9-
15, and DC-9-15F Airplanes; and Model DC-9-20, DC-9-30, DC-9-40, and
DC-9-50 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
[[Page 54202]]
SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain McDonnell Douglas Model DC-9-14, DC-9-15, and DC-
9-15F airplanes; and Model DC-9-20, DC-9-30, DC-9-40, and DC-9-50
series airplanes. This amendment requires, among other actions,
performing repetitive inspections for cracking of the counterbore of
the two lower mounting holes and the lower forward edge of the outboard
idler hinge fitting of the left and right wing flap at station
Xw=333.148, and replacing the flap idler hinge fitting with a new or
serviceable part. This action is necessary to prevent failure of the
outboard idler hinge fitting of the left and right wing flap at station
Xw=333.148 due to fatigue cracking, which could result in a deflected
flap that may cause asymmetric lift and consequent reduced
controllability and structural integrity of the airplane. This action
is intended to address the identified unsafe condition.
DATES: Effective October 13, 2004.
The incorporation by reference of a certain publication listed in
the regulations is approved by the Director of the Federal Register as
of October 13, 2004.
ADDRESSES: The service information referenced in this AD may be
obtained from Boeing Commercial Airplanes, Long Beach Division, 3855
Lakewood Boulevard, Long Beach, California 90846, Attention: Data and
Service Management, Dept. C1-L5A (D800-0024). This information may be
examined at the Federal Aviation Administration (FAA), Transport
Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton,
Washington; or at the FAA, Los Angeles Aircraft Certification Office,
3960 Paramount Boulevard, Lakewood, California; or at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call (202) 741-6030, or go to:
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.
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: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain McDonnell Douglas Model
DC-9-14, DC-9-15, and DC-9-15F airplanes; and Model DC-9-20, DC-9-30,
DC-9-40, and DC-9-50 series airplanes; was published in the Federal
Register on January 29, 2004 (69 FR 4259). That action proposed to
require, among other actions, performing repetitive inspections for
cracking of the counterbore of the two lower mounting holes and the
lower forward edge of the outboard idler hinge fitting of the left and
right wing flap at station Xw=333.148, and replacing the flap idler
hinge fitting with a new or serviceable part.
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Support for Proposed Rule
One commenter supports the proposed rule.
Request To Revise Cost Estimates
The other commenter, an operator, requests that we revise the cost
estimates listed in the proposed rule. The commenter states that the
inspection, based on similar inspections it is currently conducting for
another AD, will take four work hours per airplane (two work hours per
fitting, two fittings per airplane) instead of the two work hours
estimated in the proposed rule. The commenter points out that Boeing
Service Bulletin DC9-57-225 (referenced as the appropriate source of
service information in the proposed rule) specifies 2.7 work hours per
fitting, 5.4 work hours per airplane. The commenter further states that
the proposed rule does not include the cost of replacement parts
required at each inspection interval, at the cost of $1,122.20 per
airplane (for Group 1 airplanes within its fleet). Therefore, the
commenter declares that the proposed inspection will actually cost
$1,365 per airplane, per inspection cycle for Group 1 airplanes, and
$667 per airplane, per inspection cycle for Group 2 airplanes--not $130
per airplane, per inspection cycle, as proposed.
The commenter also states that the replacement will take nine work
hours per fitting, instead of the two work hours estimated in the
proposed rule. The commenter points out that Boeing Service Bulletin
DC9-57-225 specifies 7.6 work hours per fitting for the replacement.
Therefore, the commenter declares the proposed replacement will cost
$6,005 per airplane for Group 1 airplanes, and $10,397 per airplane for
Group 2 airplanes--instead of between $2,024 and $4,569 per airplane,
as proposed.
We agree with part of the commenter's request. We have reviewed
data provided by the airplane manufacturer and agree that replacement
of some additional parts may be necessary during the required
inspection and replacement. We do not agree, however, with the cost
provided by the commenter for those parts. We have revised the cost
information below to include the costs of those additional parts, based
on the information provided to us by the airplane manufacturer.
We do not agree to revise the work hour estimate for the inspection
or replacement. The commenter supplied no data to support its estimate
of nine work hours for the replacement. The referenced service bulletin
specifies two work hours per fitting for the replacement, which
corresponds with the cost information below. We acknowledge that the
referenced service bulletin specifies 2.7 work hours per fitting for
the inspection--not two (one work hour per fitting, two fittings per
airplane) as proposed. However, that figure includes costs for actions
associated with access and close up. The cost information below
describes only the direct costs of those specific actions required by
this AD. We recognize that, in doing the actions required by an AD,
operators may incur incidental costs in addition to the direct costs.
As explained in the proposed rule, the cost analysis in AD rulemaking
actions typically does not include incidental costs such as the time
required to gain access and close up, time necessary for planning, or
time necessitated by other administrative actions. Those incidental
costs, which may vary significantly among operators, are almost
impossible to calculate. We have not changed the work-hour estimates in
this final rule.
Conclusion
After careful review of the available data, including the comments
noted above, we have determined that air safety and the public interest
require the adoption of the rule with the change previously described.
We have determined that this change will neither increase the economic
burden on any operator nor increase the scope of the AD.
Cost Impact
There are approximately 708 airplanes of the affected design in the
worldwide fleet. We estimate that 411 airplanes of U.S. registry will
be affected by this AD, that it will take
[[Page 54203]]
approximately 2 work hours per airplane to accomplish the required
inspection, and that the average labor rate is $65 per work hour. The
cost of certain parts required to be replaced during this inspection
will be between $212 and $585 per airplane. Based on these figures, the
cost impact of the required inspection on U.S. operators is estimated
to be between $140,562 and $293,865, or between $342 and $715 per
airplane, per inspection cycle.
We estimate that it will take approximately 2 work hours per
fitting to accomplish the required replacement, and that the average
labor rate is $65 per work hour. The cost of each required replacement
fitting will be $1,894 per Group 1 airplane and $4,439 per Group 2
airplane. The cost of certain other parts required to be replaced
during this replacement will be $292 per Group 1 airplane and $106 per
Group 2 airplane. Based on these figures, the cost impact of the
required replacement per fitting on U.S. operators is estimated to be
between $951,876 and $1,921,425, or $2,316 per Group 1 airplane and
$4,675 per Group 2 airplane.
The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the requirements of this
AD action, and that no operator would accomplish those actions in the
future if this AD were not adopted. The cost impact figures discussed
in AD rulemaking actions represent only the time necessary to perform
the specific actions actually required by the AD. These figures
typically do not include incidental costs, such as the time required to
gain access and close up, planning time, or time necessitated by other
administrative actions.
Regulatory Impact
The regulations adopted herein 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. Therefore, it
is determined that this final rule does not have federalism
implications under Executive Order 13132.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new airworthiness
directive:
2004-18-11 McDonnell Douglas: Amendment 39-13789. Docket 2002-NM-
345-AD.
Applicability: Model DC-9-14, DC-9-15, DC-9-15F, DC-9-21, DC-9-
31, DC-9-32, DC-9-32 (VC-9C), DC-9-32F, DC-9-33F, DC-9-34, DC-9-34F,
DC-9-32F (C-9A, C-9B), DC-9-41, and DC-9-51 airplanes; as listed in
Boeing Service Bulletin DC9-57-225, dated December 10, 2002;
certificated in any category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent failure of the outboard idler hinge fitting of the
left and right wing flap at station Xw=333.148 due to fatigue
cracking, which could result in a deflected flap that may cause
asymmetric lift and consequent reduced controllability and
structural integrity of the airplane, accomplish the following:
Inspections
(a) Prior to the accumulation of 40,000 total landing cycles on
the outboard idler hinge fitting of the left and right wing flap at
station Xw=333.148, or within 8,000 landing cycles on the fitting
after the effective date of this AD, whichever occurs later: Do high
frequency eddy current (HFEC) inspections for cracking of the
counterbore of the two lower mounting holes and the lower forward
edge of the flap idler hinge fitting at station Xw=333.148, in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin DC9-57-225, dated December 10, 2002. Although the service
bulletin specifies to report inspection findings to the airplane
manufacturer, this AD does not include that requirement.
Condition 1: No Crack Is Found
(b) If no crack is found during any inspection required by
paragraph (a) of this AD, prior to further flight, install a new
nut, plain washer, and pre-load indicating (PLI) washer in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin DC9-57-225, dated December 10, 2002. Repeat the inspections
required by paragraph (a) of this AD thereafter at intervals not to
exceed 1,000 landings on the fitting until the replacement required
by paragraph (e) of this AD is done.
Condition 2: Crack Is Found
(c) If any crack is found during any inspection required by this
AD: Before further flight, replace the cracked flap idler hinge
fitting with a new or serviceable fitting having a part number
identified under the ``New Part Number'' column of the applicable
table shown in paragraph 2.C.1. of the Material Information section
of Boeing Service Bulletin DC9-57-225, dated December 10, 2002. Do
the replacement in accordance with the Accomplishment Instructions
of the service bulletin.
Reinstatement of Inspections
(d) Prior to the accumulation of 40,000 total landing cycles on
any new or serviceable fitting, do the HFEC inspections required by
paragraph (a) of this AD. Repeat the HFEC inspections thereafter at
intervals not to exceed 1,000 landing cycles on the fitting until
the replacement required by paragraph (e) of this AD is done.
Replacement
(e) Prior to the accumulation of 80,500 total landing cycles on
the flap idler hinge fitting, replace the fitting with a new or
serviceable fitting having a part number identified under the ``New
Part Number'' column of the applicable table shown in paragraph
2.C.1. of the Material Information section of Boeing Service
Bulletin DC9-57-225, dated December 10, 2002. Do the replacement in
accordance with the Accomplishment Instructions of the service
bulletin. Repeat the replacement thereafter at intervals not to
exceed 80,500 total landing cycles on the fitting.
Alternative Methods of Compliance
(f) In accordance with 14 CFR 39.19, the Manager, Los Angeles
Aircraft Certification Office (ACO), FAA, is authorized to approve
alternative methods of compliance (AMOCs) for this AD.
Incorporation by Reference
(g) The actions shall be done in accordance with Boeing Service
Bulletin DC9-57-225, excluding Appendix A, dated December 10, 2002.
This incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Copies may be obtained from Boeing Commercial Airplanes, Long
Beach Division, 3855 Lakewood Boulevard, Long Beach, California
90846, Attention: Data and Service Management, Dept. C1-L5A (D800-
0024). Copies may be inspected at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at Boeing
Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard,
Long Beach, California 90846, Attention: Data and Service
Management, Dept. C1-L5A (D800-
[[Page 54204]]
0024); or at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call (202) 741-6030, or go to: http://www.archives.gov/
federal-- register/code--of-- federal--regulations/ibr--
locations.html.
Effective Date
(h) This amendment becomes effective on October 13, 2004.
Issued in Renton, Washington, on August 27, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-20208 Filed 9-7-04; 8:45 am]
BILLING CODE 4910-13-P