FR Doc 05-6679

[Federal Register: April 5, 2005 (Volume 70, Number 64)]
[Proposed Rules]
[Page 17216-17219]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ap05-7]

[[Page 17216]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20797; Directorate Identifier 2004-NM-256-AD]
RIN 2120-AA64

Airworthiness Directives; McDonnell Douglas Model DC-8-11, DC-8-
12, DC-8-21, DC-8-31, DC-8-32, DC-8-33, DC-8-41, DC-8-42, and DC-8-43
Airplanes; Model DC-8F-54 and DC-8F-55 Airplanes; Model DC-8-50, -60, -
60F, -70, and -70F Series Airplanes; Model DC-9-10, -20, -30, -40, and
-50 Series Airplanes; 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

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede an existing airworthiness
directive (AD) that applies to certain McDonnell Douglas airplanes, as
listed above. The existing AD currently requires an initial general
visual or dye penetrant inspection, repetitive dye penetrant
inspections, and replacement, as necessary, of the rudder pedal
bracket. This proposed AD would also require, for certain airplanes,
replacing the rudder pedal bracket assemblies with new, improved parts,
which would terminate the repetitive inspections. This proposed AD is
prompted by a report of numerous cracked rudder pedal brackets found
during inspections of certain affected airplanes. We are proposing this
AD to prevent failure of the rudder pedal bracket assembly, which could
result in the loss of rudder and braking control at either the
captain's or first officer's position.

DATES: We must receive comments on this proposed AD by May 20, 2005.

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.
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 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 in person 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. This docket
number is FAA-2005-20797; the directorate identifier for this docket is
2004-NM-256-AD.

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:

Comments Invited

We invite you to submit any relevant written data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2005-20797;
Directorate Identifier 2004-NM-256-AD'' at the beginning 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 received 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 our
docket web site, 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 can review the DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
can visit http://dms.dot.gov.

Examining the Docket

You can examine the AD docket on the Internet at http://dms.dot.gov
, or 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

On June 9, 1989, we issued AD 89-14-02, amendment 39-6245 (54 FR
27156, June 28, 1989), for certain McDonnell Douglas Model DC-8, DC-9
and C-9 (Military) series airplanes, including Model DC-9-80 series
airplanes and Model MD-88 airplanes. That AD requires an initial
general visual or dye penetrant inspection, repetitive dye penetrant
inspections, and replacement, as necessary, of the rudder pedal
bracket. That AD was prompted by several reports of fatigue failures in
the captain's rudder pedal bracket assembly on Model DC-9 series
airplanes. We issued that AD to prevent failure of the rudder pedal
bracket assembly, which could result in the loss of rudder and braking
control at either the captain's or first officer's position.

Actions Since Existing AD Was Issued

The Air Transport Association (ATA) of America and the Aerospace
Industries Association (AIA) of America agreed to undertake the task of
identifying and implementing procedures to ensure the continued
structural airworthiness of aging transport category airplanes. An
Airworthiness Assurance Working Group (AAWG) was established in August
1988, with members representing aircraft manufacturers, operators,
regulatory authorities, and other aviation industry representatives
worldwide. The objective of the AAWG was to sponsor ``Steering Task
Groups (STG)'' to:
1. Select service bulletins, applicable to each airplane model in
the transport fleet, to be recommended for mandatory modification of
aging airplanes;
2. Develop corrosion-directed inspections and prevention programs;
3. Review the adequacy of each operator's structural maintenance
program;
4. Review and update the Supplemental Inspection Documents (SID);
and
5. Assess repair quality.

[[Page 17217]]

Based on the results of this review, the DC-9 STG for Model DC-9-
10, -20, -30, -40, and -50 series airplanes; 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; has determined that for these airplanes, further
corrective action is necessary to prevent failure of the rudder pedal
bracket assembly, which could result in the loss of rudder and braking
control at either the captain's or first officer's positions.
In addition, we have received a report of numerous cracked rudder
pedal brackets found during inspections of Model DC-9-10, -20, -30, -
40, and -50 series airplanes; 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.
AD 89-14-02 does not provide a terminating action for these certain
airplanes and instead requires repetitive inspections after the
replacement of the rudder pedal bracket assemblies. Since operators
could fly these airplanes another 40,000 landings after the replacement
of the rudder pedal bracket assemblies, new, improved parts made of
aluminum casting were developed to address the unsafe condition of AD
89-14-02.
We have determined we can better ensure long-term continued
operational safety by modifications or design changes to remove the
source of the problem, rather than by repetitive inspections.
Therefore, for certain airplanes, the proposed AD would require
replacement of the rudder pedal bracket assemblies with new, improved
parts made of aluminum casting, which would terminate the repetitive
inspections. The proposed AD would require that the replacement with
new, improved parts be accomplished before the accumulation of 75,000
total landings on a rudder pedal bracket assembly, or within 60 months
after the effective date of this AD, whichever occurs later.
We have also determined that the other affected Model DC-8-11, DC-
8-12, DC-8-21, DC-8-31, DC-8-32, DC-8-33, DC-8-41, DC-8-42, and DC-8-43
airplanes; Model DC-8F-54 and DC-8F-55 airplanes; and Model DC-8-50, -
60, -60F, -70, and -70F series airplanes in AD 89-14-02 do not require
replacement of rudder pedal bracket assemblies with new, improved parts
made of aluminum casting. Replacement with a new part having the same
part number, if cracks are detected, is sufficient in addressing the
unsafe condition of this proposed AD, since these airplanes are not
expected to fly another 40,000 landings after the replacement.

Relevant Service Information

We have reviewed McDonnell Douglas Alert Service Bulletin A27-307,
Revision 6, dated December 19, 1994. The service bulletin describes
procedures for replacing the captain's and first officer's rudder pedal
bracket assemblies with parts having the same part number; or replacing
with new, improved parts, which ends the repetitive inspections for
McDonnell Douglas Model DC-9-10, -20, -30, -40, and -50 series
airplanes; Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-
9-87 (MD-87) airplanes; and Model MD-88 airplanes. Accomplishing the
actions specified in the service information is intended to adequately
address the unsafe condition.

FAA's Determination and Requirements of the Proposed AD

The unsafe condition described previously is likely to exist or
develop on other airplanes of the same type design that may be
registered in the U.S. at some time in the future. We are proposing to
supersede AD 89-14-02. This proposed AD would retain the requirements
of the existing AD. This proposed AD would also require, for certain
airplanes, accomplishing the actions specified in the service bulletin
described previously, except as discussed under ``Differences Between
the Proposed AD and Service Bulletin.''

Differences Between Proposed Rule and Service Bulletin

This proposed AD would require replacement of the rudder pedal
bracket assemblies with new, improved parts, which would terminate the
repetitive inspections. The service bulletin provides the termination
action as an option.
The service bulletin does not recommend a compliance time for
accomplishing the terminating action (replacement is on-condition).
This proposed AD, however, would require operators to accomplish, for
certain airplanes, the terminating action before the accumulation of
75,000 total landings on a rudder pedal bracket assembly, or within 60
months after the effective date of this AD, whichever occurs later.

Changes to Existing AD

This proposed AD would retain all requirements of AD 89-14-02.
Since AD 89-14-02 was issued, the AD format has been revised, and
certain paragraphs have been rearranged. As a result, the corresponding
paragraph identifiers have changed in this proposed AD, as listed in
the following table:

Revised Paragraph Identifiers
------------------------------------------------------------------------
Corresponding requirement
Requirement in AD 89-14-02 in this proposed AD
------------------------------------------------------------------------
paragraph A............................... paragraph (f).
paragraph B............................... paragraph (g).
------------------------------------------------------------------------

We have also changed all references to any ``visual inspection'' in
AD 89-14-02 to ``general visual inspection'' in this proposed AD and
added a note to clarify the definition of a general visual inspection.
In this proposed AD, we have also revised the applicability of AD
89-14-02 to identify model designations as published in the most recent
type certificate data sheet for the affected models.
We have clarified the compliance time in paragraphs (f) and (g) of
this AD to specify 40,000 total landings.

Costs of Compliance

There are about 2,025 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs for
U.S. operators to comply with this proposed AD. The new replacements of
this proposed AD are applicable only to Model DC-9-10, -20, -30, -40,
and -50 series airplanes; 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.

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Estimated Costs
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Number of
Average labor fleet U.S.-
Action Work hours rate per hour Parts Cost per airpalne registered Fleet cost
airplanes
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General visual inspection (required 3 $65 None................. $195................. 1,381 $269,295.
by AD 89-14-02).
Dye penetrant inspection (required 5 65 None................. 325, per inspection 1,381 448,825, per
by AD 89-14-02). cycle. inspection cycle.
Replacements (new proposed action). 9 65 $5,320............... 5,905................ 1,131 6,678,555.
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Authority for This Rulemaking

Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

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 removing amendment 39-6245 (54 FR
27156, June 28, 1989) and adding the following new airworthiness
directive (AD):

McDonnell Douglas: Docket No. FAA-2005-20797; Directorate Identifier
2004-NM-256-AD.

Comments Due Date

(a) The Federal Aviation Administration must receive comments on
this AD action by May 20, 2005.

Affected ADs

(b) This AD supersedes AD 89-14-02, amendment 39-6245 (54 FR
27156, June 28, 1989).

Applicability

Table 1.--Applicability
------------------------------------------------------------------------
McDonnell Douglas As identified in
------------------------------------------------------------------------
Model DC-8-11, DC-8-12, DC-8-21, DC-8- McDonnell Douglas Alert Service
31, DC-8-32, DC-8-33, DC-8-41, DC-8- Bulletin A27-273, dated May
42, and DC-8-43 airplanes; Model DC-8- 16, 1989.
51, DC-8-52, DC-8-53, and DC-8-55
airplanes; Model DC-8F-54 and DC-8F-55
airplanes; Model DC-8-61, DC-8-62, and
DC-8-63 airplanes; Model DC-8-61F, DC-
8-62F, and DC-8-63F airplanes; Model
DC-8-71, DC-8-72, and DC-8-73
airplanes.
Model DC-9-11, DC-9-12, DC-9-13, DC-9- McDonnell Douglas Alert Service
14, DC-9-15, and DC-9-15F airplanes; Bulletin Model A27-307,
Model DC-9-21 airplanes; Model DC-9- Revision 6, dated December 19,
31, DC-9-32, DC-9-32 (VC-9C), DC-9- 1994.
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; 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.
------------------------------------------------------------------------

[[Page 17219]]

Unsafe Condition

(d) This AD was prompted by a report of numerous cracked rudder
pedal brackets found during inspections of certain affected
airplanes. We are issuing this AD to prevent failure of the rudder
pedal bracket assembly, which could result in the loss of rudder and
braking control at either the captain's or first officer's position.

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.

Requirements of AD 89-14-02

(f) Prior to the accumulation of 40,000 total landings or within
30 days after July 5, 1989 (the effective date of AD 89-14-02),
whichever occurs later, perform either a general visual inspection
or dye penetrant inspection for cracks of the captain's and first
officer's rudder pedal bracket, part numbers (P/N) 5616067 and
5616068, respectively, in accordance with McDonnell Douglas Alert
Service Bulletins A27-273 (for Model DC-8-11, DC-8-12, DC-8-21, DC-
8-31, DC-8-32, DC-8-33, DC-8-41, DC-8-42, and DC-8-43 airplanes;
Model DC-8F-54 and DC-8F-55 airplanes; and Model DC-8-50, -60, -60F,
-70, and -70F series airplanes) or A27-307 (for Model DC-9-10, -20,
-30, -40, and -50 series airplanes; 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), as applicable, both dated May 16, 1989.

Note 1: For the purposes of this AD, a general visual inspection
is: ``A visual examination of an interior or exterior area,
installation, or assembly to detect obvious damage, failure, or
irregularity. This level of inspection is made from within touching
distance unless otherwise specified. A mirror may be necessary to
ensure visual access to all surfaces in the inspection area. This
level of inspection is made under normally available lighting
conditions such as daylight, hangar lighting, flashlight, or
droplight and may require removal or opening of access panels or
doors. Stands, ladders, or platforms may be required to gain
proximity to the area being checked.''

Note 2: McDonnell Douglas Alert Service Bulletins A27-273 and
A27-307, both dated May 16, 1989, are hereinafter referred to as ASB
A27-273 and ASB A27-307, respectively.

(1) If an initial general visual inspection is accomplished, and
no cracks are found, perform a dye penetrant inspection of the
rudder pedal bracket assembly within 180 days after the general
visual inspection, and thereafter accomplish dye penetrant
inspections at intervals not to exceed 12 months or 2,500 landings,
whichever occurs earlier.
(2) If an initial dye penetrant inspection is accomplished, and
no cracks are found, accomplish repetitive dye penetrant inspections
at intervals not to exceed 12 months or 2,500 landings, whichever
occurs earlier.
(g) If cracks are detected, prior to further flight, remove and
replace the rudder pedal bracket assembly in accordance with ASB
A27-273 or A27-307, as applicable. Prior to the accumulation of
40,000 total landings after replacement with the new part, resume
the repetitive inspections in accordance with paragraph (f) in this
AD.

New Requirements of This AD

Terminating Action for Certain Airplanes

(h) For McDonnell Douglas Model DC-9-10, -20, -30, -40, and -50
series airplanes; Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83
(MD-83), DC-9-87 (MD-87) airplanes; and Model MD-88 airplanes: Do
the actions in paragraphs (h)(1) and (h)(2) of this AD in accordance
with the Accomplishment Instructions of McDonnell Douglas Alert
Service Bulletin A27-307, Revision 6, dated December 19, 1994.
(1) Before the accumulation of 75,000 total landings on the
captain's rudder pedal bracket assembly, P/N 5616067-501, or within
60 months after the effective date of this AD, whichever occurs
later: Remove the rudder pedal bracket assembly and replace it with
new, improved P/N 5962903-501. Accomplishment of the replacement
terminates the repetitive inspections of the captain's rudder pedal
bracket assembly required by paragraphs (f) and (g) of this AD.
(2) Before the accumulation of 75,000 total landings on the
first officer's rudder pedal bracket assembly, P/N 5616068-501, or
within 60 months after the effective date of this AD, whichever
occurs later: Remove the rudder pedal bracket assembly and replace
it with new, improved P/N 5962904-501. Accomplishment of the
replacement terminates the repetitive inspections of the first
officer's rudder pedal bracket assembly required by paragraphs (f)
and (g) of this AD.

Credit for Previous Service Bulletins

(i) Actions done before the effective date of this AD in
accordance with McDonnell Douglas Alert Service Bulletin A27-307,
Revision 5, dated February 14, 1992; or Revision 4, dated June 3,
1991, are acceptable for compliance with the corresponding
requirements of this AD.

Alternative Methods of Compliance (AMOCs)

(j)(1) The Manager, Los Angeles Aircraft Certification Office,
Transport Airplane Directorate, FAA, has the authority to approve
AMOCs for this AD, if requested in accordance with the procedures
found in 14 CFR 39.19.
(2) AMOCs, approved previously in accordance with AD 89-14-02,
amendment 39-6245, are approved as AMOCs for the corresponding
requirements of this AD.

Issued in Renton, Washington, on March 22, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-6679 Filed 4-4-05; 8:45 am]

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