[Federal Register: October 25, 2006 (Volume 71, Number 206)]
[Rules and Regulations]
[Page 62380-62384]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25oc06-2]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-21779; Directorate Identifier 2002-NM-349-AD;
Amendment 39-14790; AD 2006-21-06]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model DC-9-10 Series
Airplanes; DC-9-20 Series Airplanes; DC-9-30 Series Airplanes; DC-9-40
Series Airplanes; and DC-9-50 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is superseding an existing airworthiness directive
(AD), which applies to certain McDonnell Douglas transport category
airplanes. That AD currently requires, among other things, revision of
an existing program of structural inspections. This new AD requires
implementation of a program of structural inspections of baseline
structure to detect and correct fatigue cracking in order to ensure the
continued airworthiness of these airplanes as they approach the
manufacturer's original fatigue design life goal. This AD results from
a significant number of these airplanes approaching or exceeding the
design service goal on which the initial type certification approval
was predicated. We are issuing this AD to detect and correct fatigue
cracking that could compromise the structural integrity of these
airplanes.
DATES: This AD becomes effective November 29, 2006.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of November 29,
2006.
The incorporation of a certain other publication, as listed in the
regulations, was approved previously by the Director of the Federal
Register as of July 24, 1996 (61 FR 31009, June 19, 1996).
ADDRESSES: You may examine the 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., Nassif Building,
Room PL-401, Washington, DC.
Contact Boeing Commercial Airplanes, Long Beach Division, 3855
Lakewood Boulevard, Long Beach, California 90846, Attention: Data and
Service Management, Dept. C1-L5A (D800-0024), for service information
identified in this 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:
Examining the Docket
You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.
Discussion
The FAA issued a notice of supplemental notice of proposed
rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that
supersedes AD 96-13-03, amendment 39-9671 (61 FR 31009, June 19, 1996).
The existing AD applies to all McDonnell Douglas Model DC-9-10, -20, -
30, -40, -50, and C-9 (military) series airplanes. (Since the issuance
of that AD, the FAA has revised the applicability of the existing AD to
identify model designations as published in the most recent type
certificate data sheet for the affected models.) That supplemental NPRM
was published in the Federal Register on March 7, 2006 (71 FR 11328).
That supplemental NPRM proposed to require implementation of a program
of structural inspections of baseline structure to detect and correct
fatigue cracking in order to ensure the continued airworthiness of
these airplanes as they approach the manufacturer's original fatigue
design life goal.
[[Page 62381]]
Comments
We provided the public the opportunity to participate in the
development of this AD. No comments have been received on the
supplemental NPRM or on the determination of the cost to the public.
Conclusion
We have carefully reviewed the available data and determined that
air safety and the public interest require adopting the AD as proposed.
Costs of Compliance
There are about 710 McDonnell Douglas transport category airplanes
worldwide of the affected design. This AD will affect about 477
airplanes of U.S. registry, or 26 U.S. airline operators.
The recurring inspection costs, as required by AD 96-13-03, take
362 work hours per airplane, at an average labor rate of $65 per work
hour. Based on these figures, the estimated cost of the currently
required actions is $11,223,810, or $23,530 per airplane, per
inspection cycle.
The incorporation of the revised procedures in this AD action will
require approximately 20 additional work hours per operator to
accomplish, at an average labor rate of $65 per work hour. Based on
these figures, the cost to the 26 affected U.S. operators to
incorporate these revised procedures into the SID program is estimated
to be $33,800, or $1,300 per operator.
Additionally, the number of required work hours for each inspection
(and the Supplemental Inspection Document (SID) program), as indicated
above, is presented as if the accomplishment of those actions were to
be conducted as ``stand alone'' actions. However, in actual practice,
these actions for the most part will be accomplished coincidently or in
combination with normally scheduled airplane inspections and other
maintenance program tasks. Further, any costs associated with special
airplane scheduling are expected to be minimal.
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 AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866;
(2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); 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 AD and placed it in the AD docket. 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, Incorporation by
reference, Safety.
Adoption of the Amendment
0
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 Federal Aviation Administration (FAA) amends Sec. 39.13 by
removing amendment 39-9671 (61 FR 31009, June 19, 1996) and by adding
the following new airworthiness directive (AD):
2006-21-06 McDonnell Douglas: Amendment 39-14790. Docket No. FAA-
2005-21779; Directorate Identifier 2002-NM-349-AD.
Effective Date
(a) This AD becomes effective November 29, 2006.
Affected ADs
(b) This AD supersedes AD 96-13-03.
Applicability
(c) This AD applies to all McDonnell Douglas Model DC-9-11, DC-
9-12, DC-9-13, DC-9-14, DC-9-15, and DC-9-15F airplanes; DC-9-21
airplanes; 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; DC-9-41
airplanes; and DC-9-51 airplanes; certificated in any category.
Unsafe Condition
(d) This AD was prompted by a significant number of these
airplanes approaching or exceeding the design service goal on which
the initial type certification approval was predicated. We are
issuing this AD to detect and correct fatigue cracking that could
compromise the structural integrity of these airplanes.
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 96-13-03
Revision of the FAA-Approved Maintenance Inspection Program
(f) Within 6 months after July 24, 1996 (the effective date of
AD 96-13-03), replace the FAA-approved maintenance inspection
program with a revision that provides for inspection(s) of the
principal structural elements (PSEs) defined in McDonnell Douglas
Report No. L26-008, ``DC-9 Supplemental Inspection Document (SID),''
Section 2 of Volume I of McDonnell Douglas Report No. L26-008, ``DC-
9 Supplemental Inspection Document (SID),'' Revision 4, dated July
1993, in accordance with Section 2 of Volume III-95, dated September
1995, of the SID.
Note 1: Operators should note that certain visual inspections of
fleet leader operator sampling PSE's that were previously specified
in earlier revisions of Volume III of the SID are no longer
specified in Volume III-95 of the SID.
(1) Prior to reaching the threshold (Nth), but no
earlier than one-half of the threshold (\1/2\Nth),
specified for all PSE's listed in Volume III-95, dated September
1995, of the SID, inspect each PSE sample in accordance with the
non-destructive inspection (NDI) procedures set forth in Section 2
of Volume II, Revision 4, dated July 1993. Thereafter, repeat the
inspection for that PSE at intervals not to exceed [Delta]NDI/2 of
the NDI procedure that is specified in Volume III-95, dated
September 1995, of the SID, until the requirements of paragraph (i)
of this AD are accomplished.
(2) The NDI techniques set forth in Section 2 of Volume II,
Revision 4, dated July 1993, of the SID provide acceptable methods
for accomplishing the inspections required by this paragraph.
[[Page 62382]]
(3) All inspection results (negative or positive) must be
reported to Boeing, in accordance with the instructions contained in
Section 2 of Volume III-95, dated September 1995, of the SID.
Information collection requirements contained in this regulation
have been approved by the Office of Management and Budget (OMB)
under the provisions of the Paperwork Reduction Act of 1980 (44
U.S.C. 3501 et seq.) and have been assigned OMB Control Number 2120-
0056.
Note 2: Volume II of the SID, dated July 1993, is comprised of
the following:
Table 1
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Revision level
Volume designation shown on volume
------------------------------------------------------------------------
Volume II--10/20...................................... 4
Volume II--20/30...................................... 5
Volume II--40......................................... 4
Volume II--50......................................... 4
------------------------------------------------------------------------
Note 3: NDI inspections accomplished in accordance with the
following Volume II of the SID provide acceptable methods for
accomplishing the inspections required by this paragraph:
Table 2
------------------------------------------------------------------------
Volume designation Revision level Date of revision
------------------------------------------------------------------------
Volume II--10/20............ 4................... July 1993.
Volume II--10-20............ 3................... April 1991.
Volume II--10/20............ 2................... April 1990.
Volume II--10/20............ 1................... June 1989.
Volume II--20............... Original............ November 1987.
Volume II--20/30............ 5................... July 1993.
Volume II--20/30............ 4................... April 1991.
Volume II--20/30............ 3................... April 1990.
Volume II--20/30............ 2................... June 1989.
Volume II--20/30............ 1................... November 1987.
Volume II--40............... 4................... July 1993.
Volume II--40............... 3................... April 1991.
Volume II--40............... 2................... April 1990.
Volume II--40............... 1................... June 1989.
Volume II--40............... Original............ November 1987.
Volume II--50............... 4................... July 1993.
Volume II--50............... 3................... April 1991.
Volume II--50............... 2................... April 1990.
Volume II--50............... 1................... June 1989.
Volume II--50............... Original............ November 1987.
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(g) Any cracked structure detected during the inspections
required by paragraph (f) of this AD must be repaired before further
flight, in accordance with a method approved by the Manager, Los
Angeles Aircraft Certification Office (ACO), Transport Airplane
Directorate, FAA.
Note 4: Requests for approval of any PSE repair that would
affect the FAA-approved maintenance inspection program that is
required by this AD should include a damage tolerance assessment for
that PSE.
New Requirements of This AD
Revision of the Maintenance Inspection Program
(h) Within 12 months after the effective date of this AD,
incorporate a revision into the FAA-approved maintenance inspection
program that provides for inspection(s) of the PSEs, in accordance
with Boeing Report L26-008, ``DC-9 All Series, Supplemental
Inspection Document (SID),'' Volume I, Revision 6, dated November
2002. Unless otherwise specified, all further references in this AD
to the ``SID'' are to Revision 6, dated November 2002.
Non-Destructive Inspections (NDIs)
(i) For all PSEs listed in Section 2 of Volume I of the SID,
perform an NDI for fatigue cracking of each PSE in accordance with
the NDI procedures specified in Section 2 of Volume II, Revision 6,
dated November 2004, of the SID, at the times specified in paragraph
(i)(1), (i)(2), or (i)(3) of this AD, as applicable.
(1) For airplanes that have less than three-quarters of the
fatigue life threshold (\3/4\Nth) as of the effective
date of the AD: Perform an NDI for fatigue cracking no earlier than
one-half of the threshold (\1/2\Nth) but prior to
reaching three-quarters of the threshold (\3/4\Nth), or
within 60 months after the effective date of this AD, whichever
occurs later. Inspect again prior to reaching the threshold
(Nth) or [Delta]NDI/2, whichever occurs later, but no
earlier than (\3/4\Nth). Thereafter, after passing the
threshold (Nth), repeat the inspection for that PSE at
intervals not to exceed [Delta]NDI/2.
(2) For airplanes that have reached or exceeded three-quarters
of the fatigue life threshold (\3/4\Nth), but less than
the threshold (Nth), as of the effective date of the AD:
Perform an NDI prior to reaching the threshold (Nth), or
within 18 months after the effective date of this AD, whichever
occurs later. Thereafter, after passing the threshold
(Nth), repeat the inspection for that PSE at intervals
not to exceed [Delta]NDI/2.
(3) For airplanes that have reached or exceeded the fatigue life
threshold (Nth) as of the effective date of the AD:
Perform an NDI within 18 months after the effective date of this AD.
Thereafter, repeat the inspection for that PSE at intervals not to
exceed [Delta]NDI/2.
Note 5: Volume II of the SID, dated November 2004, comprises the
following:
Table 3
------------------------------------------------------------------------
Revision level
Volume designation shown on volume
------------------------------------------------------------------------
Volume II--10/20...................................... 6
Volume II--20/30...................................... 7
Volume II--40......................................... 6
Volume II--50......................................... 6
------------------------------------------------------------------------
Discrepant Findings
(j) If any discrepancy (e.g., a PSE cannot be inspected as
specified in Volume II of the SID or does not match rework, repair,
or modification description in Volume I of the SID) is detected
during any inspection required by paragraph (i) of this AD,
accomplish the action specified in paragraph (j)(1) or (j)(2) of
this AD, as applicable.
(1) If a discrepancy is detected during any inspection performed
prior to \3/4\Nth or Nth: The area of the PSE
affected by the discrepancy must be inspected prior to
Nth or within 18 months of the discovery of the
discrepancy, whichever is later, in accordance with a method
approved by the Manager, Los Angeles ACO, FAA.
(2) If a discrepancy is detected during any inspection performed
after Nth: The area of the PSE affected by the
discrepancy must be inspected prior to the accumulation of an
additional [Delta]NDI/2, measured from the last non-discrepant
inspection finding, or within 18 months of the discovery of the
[[Page 62383]]
discrepancy, whichever occurs later, in accordance with a method
approved by the Manager of the Los Angeles ACO.
Reporting Requirements
(k) All negative, positive, or discrepant (discrepant finding
examples are described in paragraph (j) of this AD) findings of the
inspections accomplished under paragraph (i) of this AD must be
reported to Boeing, at the times specified in, and in accordance
with the instructions contained in, Section 4 of Volume I, Revision
6, of the SID. Information collection requirements contained in this
regulation have been approved by the Office of Management and Budget
(OMB) under the provisions of the Paperwork Reduction Act (44 U.S.C.
3501 et seq.) and have been assigned OMB Control Number 2120-0056.
Corrective Actions
(l) Any cracked structure of a PSE detected during any
inspection required by paragraph (i) of this AD must be repaired
before further flight in accordance with a method approved by the
Manager, Los Angles ACO, or by using a method approved in accordance
with procedures specified in paragraph (p) of this AD. Accomplish
follow-on actions described in paragraphs (l)(1), (l)(2), and (l)(3)
of this AD, at the times specified.
(1) Within 18 months after repair, perform a damage tolerance
assessment (DTA) that defines the threshold for inspection of the
repair and submit the assessment for approval.
(2) Before reaching 75% of the repair threshold as determined in
paragraph (l)(1) of this AD, submit the inspection methods and
repetitive inspection intervals for the repair for approval.
(3) Before the repair threshold, as determined in paragraph
(l)(1) of this AD, incorporate the inspection method and repetitive
inspection intervals into the FAA-approved structural maintenance or
inspection program for the airplane.
Note 6: For the purposes of this AD, we anticipate that
submissions of the DTA of the repair, if acceptable, should be
approved within six months after submission.
Note 7: Advisory Circular AC 25.1529-1, ``Instructions for
Continued Airworthiness of Structural Repairs on Transport
Airplanes,'' dated August 1, 1991, is considered to be additional
guidance concerning the approval of repairs to PSEs.
Inspection for Transferred Airplanes
(m) Before any airplane that has exceeded the fatigue life
threshold (Nth) can be added to an air carrier's
operations specifications, a program for the accomplishment of the
inspections required by this AD must be established per paragraph
(m)(1) or (m)(2) of this AD, as applicable.
(1) For airplanes that have been inspected in accordance with
this AD, the inspection of each PSE must be accomplished by the new
operator in accordance with the previous operator's schedule and
inspection method, or the new operator's schedule and inspection
method, at whichever time would result in the earlier accomplishment
date for that PSE inspection. The compliance time for accomplishment
of this inspection must be measured from the last inspection
accomplished by the previous operator. After each inspection has
been performed once, each subsequent inspection must be performed in
accordance with the new operator's schedule and inspection method.
(2) For airplanes that have not been inspected in accordance
with this AD, the inspection of each PSE required by this AD must be
accomplished either prior to adding the airplane to the air
carrier's operations specification, or in accordance with a schedule
and an inspection method approved by the Manager, Los Angeles ACO.
After each inspection has been performed once, each subsequent
inspection must be performed per the new operator's schedule.
Inspections Accomplished Before the Effective Date of This AD
(n) Inspections accomplished prior to the effective date of this
AD in accordance with Boeing Report No. L26-008, ``DC-9 All Series
Supplemental Inspection Document (SID),'' Volume I, Revision 6,
dated November 2002, are acceptable for compliance with the
requirements of paragraph (i) of this AD.
Acceptable for Compliance
(o) Boeing Report MDC 91K0263, ``DC-9/MD-80 Aging Aircraft
Repair Assessment Program Document,'' Revision 1, dated October
2000, provides inspection/replacement programs for certain repairs
to the fuselage pressure shell. These repairs and inspection/
replacement programs are considered acceptable for compliance with
the requirements of paragraphs (i), (l), and (m) of this AD for
repairs subject to that document.
Alternative Methods of Compliance (AMOCs)
(p)(1) The Manager, Los Angles ACO, has the authority to approve
AMOCs for this AD, if requested in accordance with the procedures
found in 14 CFR 39.19.
(2) Before using any AMOC approved in accordance with CFR 39.19
on any airplane to which the AMOC applies, notify the appropriate
principal inspector in the FAA Flight Standards Certificate Holding
District Office.
(3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD, if it is approved by an
Authorized Representative for the Boeing Commercial Airplanes
Delegation Option Authorization Organization who has been authorized
by the Manager, Los Angeles ACO, to make those findings. For a
repair method to be approved, the repair must meet the certification
basis of the airplane and 14 CFR 25.571, Amendment 45, and the
approval must specifically refer to this AD.
(4) AMOCs approved previously for alternative inspection
procedures per AD 87-14-07 R1, amendment 39-6019; AD 94-03-01,
amendment 39-8807; and AD 96-13-03; are acceptable for compliance
with the actions required by paragraph (f) of this AD for
inspections performed before the requirements of paragraph (i) are
accomplished.
(5) AMOCs approved previously for repairs per AD 87-14-07 R1, AD
94-03-01, and AD 96-13-03; are acceptable for compliance with the
requirements of paragraph (l) of this AD.
Material Incorporated by Reference
(q) You must use McDonnell Douglas Report No. L26-008, ``DC-9
Supplemental Inspection Document (SID),'' Volume III-95, dated
September 1995; and the volumes of Boeing Report L26-008, ``DC-9 All
Series, Supplemental Inspection Document (SID),'' specified in Table
4 of this AD; as applicable, to perform the actions that are
required by this AD, unless the AD specifies otherwise.
Table 4.--Supplemental Inspection Document Volumes
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Revision
Volume Effective pages level Date
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Volume I--All Series................. List of Effective Pages: 4 July 1993.
Pages A-C.
Volume I--All Series................. List of Effective Pages: 6 November 2002.
Pages A-D.
Volume II--10/20..................... List of Effective Pages: 4 July 1993.
Pages A-K.
Volume II--10/20..................... List of Effective Pages: 6 November 2004.
Pages A-M.
Volume II--20/30..................... List of Effective Pages: 5 July 1993.
Pages A-T.
Volume II--20/30..................... List of Effective Pages: 7 November 2004.
Pages A-X.
Volume II--40........................ List of Effective Pages: 4 July 1993.
Pages A-M.
Volume II--40........................ List of Effective Pages: 6 November 2004.
Pages A-O.
Volume II--50........................ List of Effective Pages: 4 July 1993.
Pages A-M.
Volume II--50........................ List of Effective Pages: 6 November 2004.
Pages A-O.
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[[Page 62384]]
(Where there are differences between the revision dates listed
in the List of Effective Pages and the revision dates shown on the
actual pages of these documents, the revision dates on the actual
pages are correct, except for the following: Volume I-All Series,
dated July 1993: The revision dates in the List of Effective Pages
are correct for the Record of Revisions, page 13 of the
Introduction, and page B of Section 2.)
(1) The incorporation by reference of the volumes of Boeing
Report L26-008, ``DC-9 All Series, Supplemental Inspection Document
(SID),'' specified in Table 4 of this AD, is approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a)
and CFR part 51.
(2) The incorporation by reference of McDonnell Douglas Report
No. L26-008, ``DC-9 Supplemental Inspection Document (SID),'' Volume
III-95, dated September 1995, was approved previously by the
Director of the Federal Register on July 24, 1996 (61 FR 31009, June
19, 1996).
(3) Contact Boeing Commercial Airplanes, Long Beach Division,
3855 Lakewood Boulevard, Long Beach, California 90846, Attention:
Data and Service Management, Dept. C1-L5A (D800-0024), for a copy of
this service information. You may review copies at the Docket
Management Facility, U.S. Department of Transportation, 400 Seventh
Street, SW., Room PL-401, Nassif Building, Washington, DC; on the
Internet at http://dms.dot.gov; or at the National Archives and
Records Administration (NARA). For information on the availability
of this material at the NARA, call (202) 741-6030, or go to http://www.archives.gov/
[fxsp0]federal--register/[fxsp0]code--of--federal--
regulations/[fxsp0]ibr--locations.html.
Issued in Renton, Washington, on October 6, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 06-8731 Filed 10-24-06; 8:45 am]
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