[Federal Register Volume 75, Number 150 (Thursday, August 5, 2010)]
[Proposed Rules]
[Pages 47242-47245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19292]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0705; Directorate Identifier 2009-NM-206-AD]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Corporation 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 (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 Model DC-9-14 and DC-9-15
airplanes; and Model DC-9-20, DC-9-30, DC-9-40, and DC-9-50 series
airplanes. The existing AD currently requires repetitive high frequency
eddy current inspections to detect cracking in the vertical radius
[[Page 47243]]
(also known as the ``vertical leg'') of the upper cap of the center
wing rear spar, and repair if necessary. This proposed AD expands the
area to be inspected by including inspections to detect cracking of the
horizontal flange of the upper cap of the left and right center wing
rear spar, and repair if necessary. This proposed AD also adds certain
airplanes to the applicability. This proposed AD results from reports
of cracking in the vertical radius of the upper cap of the center wing
rear spar, and the horizontal flange on the inboard side of the rear
spar upper cap, which resulted from stress corrosion. We are proposing
this AD to detect and correct cracking in the vertical leg or the
horizontal flange of the upper cap of the left or right center wing
rear spar, which could cause a possible fuel leak, damage to the wing
skin, and structural failure of the upper cap, and result in reduced
structural integrity of the airplane.
DATES: We must receive comments on this proposed AD by September 20,
2010.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, 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, Attention: Data & Services Management,
3855 Lakewood Boulevard, MC D800-0019, Long Beach, California 90846-
0001; telephone 206-544-5000, extension 2; fax 206-766-5683; e-mail
[email protected]; Internet https://www.myboeingfleet.com. You may
review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at the
FAA, call 425-227-1221.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone 800-647-5527) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.
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 send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-0705;
Directorate Identifier 2009-NM-206-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
On November 1, 2004, we issued AD 2004-23-11, Amendment 39-13866
(69 FR 65522, November 15, 2004), for certain Model DC-9-14 and DC-9-15
airplanes; and Model DC-9-20, DC-9-30, DC-9-40, and DC-9-50 series
airplanes. That AD requires repetitive high frequency eddy current
inspections to detect cracks in the vertical radius (also known as the
``vertical leg'') of the upper cap of the center wing rear spar, and
repair if necessary. That AD resulted from reports of cracks in the
upper cap of the center wing rear spar that resulted from stress
corrosion. We issued that AD to detect and correct cracking of the left
or right upper cap of the center wing rear spar, which could cause a
possible fuel leak and structural failure of the upper cap, and result
in reduced structural integrity of the airplane.
Actions Since Existing AD Was Issued
Since we issued AD 2004-23-11, one operator reported finding two
cracks in the horizontal flange on the inboard side of the rear spar
upper cap, and Boeing's investigation determined that the cracks
resulted from stress corrosion.
Relevant Service Information
We have reviewed Boeing Service Bulletin DC9-57-223, Revision 1,
dated August 13, 2009, which adds Model DC-9-15F airplanes to the
applicability. The service bulletin describes procedures for doing
repetitive high frequency eddy current inspections of the vertical leg
and horizontal flange of the upper caps of the left and right center
wing rear spar, inboard and outboard sides, of the bulkhead at wing
station Xcw = 58.500 for cracking. The service bulletin specifies to
contact Boeing for repair instructions if any cracking is found during
the inspections. We referred to the original issue of the service
bulletin for accomplishing the inspections required by AD 2004-23-11.
FAA's Determination and Requirements of the Proposed AD
We have evaluated all pertinent information and identified an
unsafe condition that is likely to develop on other airplanes of the
same type design. For this reason, we are proposing this AD, which
would supersede AD 2004-23-11 and would continue to require repetitive
high frequency eddy current inspections to detect cracks in the
vertical radius (also known as the ``vertical leg'') of the upper cap
of the center wing rear spar, and repair if necessary. This proposed AD
would also require repetitive inspections for cracking in the
horizontal flange of the upper cap of the left or right center wing
rear spar, and repair if necessary.
Differences Between the Proposed AD and Service Information
Where Boeing Service Bulletin DC9-57-223, Revision 1, dated August
13, 2009, specifies to contact Boeing for repair instructions, this
proposed AD requires operators to repair any cracking in accordance
with a method approved in accordance with paragraph (k) of the AD.
Change to Existing AD
This proposed AD would retain certain requirements of AD 2004-23-
11. Since AD 2004-23-11 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
[[Page 47244]]
proposed AD, as listed in the following table:
Revised Paragraph Identifiers
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Corresponding requirement in
Requirement in AD 2004-23-11 this proposed AD
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Paragraph (f)............................. paragraph (g).
Paragraph (g)............................. paragraph (h).
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Costs of Compliance
There are approximately 510 airplanes of the affected design in the
worldwide fleet. We estimate that 322 airplanes of U.S. registry would
be affected by this proposed AD. The following table provides the
estimated costs for U.S. operators to comply with this proposed AD.
Estimated Costs
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Number of
Average Cost per U.S.-
Action Work hours labor rate Parts airplane registered Fleet cost
per hour airplanes
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Inspection.................... 3 $85 $0 $255 per 322 $82,110 per inspection cycle.
inspection
cycle.
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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 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.
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 39-13866 (69 FR
65522, November 15, 2004) and adding the following new AD:
McDonnell Douglas Corporation: Docket No. FAA-2010-0705; Directorate
Identifier 2009-NM-206-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by September
20, 2010.
Affected ADs
(b) This AD supersedes AD 2004-23-11, Amendment 39-13866.
Applicability
(c) This AD applies to McDonnell Douglas Corporation 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; certificated in any category; as
identified in Boeing Service Bulletin DC9-57-223, Revision 1, dated
August 13, 2009.
Subject
(d) Air Transport Association (ATA) of America Code 57: Wings.
Unsafe Condition
(e) This AD results from reports of cracking in the vertical
radius (also known as the ``vertical leg'') of the upper cap of the
center wing rear spar, and the horizontal flange on the inboard side
of the rear spar upper cap, which resulted from stress corrosion.
The Federal Aviation Administration is issuing this AD to detect and
correct cracking in the vertical leg or the horizontal flange of the
upper cap of the left or right center wing rear spar, which could
cause a possible fuel leak, damage to the wing skin, and structural
failure of the upper cap, and result in reduced structural integrity
of the airplane.
Compliance
(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Restatement of Requirements of AD 2004-23-11, With Revised Service
Information
Inspection
(g) For all airplanes except Model DC-9-15F airplanes, at the
later of the times specified in paragraphs (g)(1) and (g)(2) of this
AD: Do a high frequency eddy current inspection to detect cracks in
the vertical radius of the upper cap of the center wing rear spar,
in accordance with the Accomplishment Instructions of Boeing Service
Bulletin DC9-57-223, dated July 21, 2003; or Revision 1, dated
August 13, 2009. After the effective date of this AD, only Revision
1 may be used.
(1) Before the accumulation of 25,000 total flight cycles.
(2) Within 15,000 flight cycles or 5 years after December 20,
2004 (the effective date of AD 2004-23-11), whichever occurs first.
Corrective Action
(h)(1) If no crack is found during any inspection required by
paragraph (g) of this AD, then repeat the inspection thereafter at
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intervals not to exceed 15,000 flight cycles or 5 years, whichever
occurs first, until the initial inspection required by paragraph (i)
of this AD is done.
(2) If any crack is found during the inspection required by
paragraph (g) 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.
New Requirements of This AD
Inspection
(i) At the later of the times specified in paragraphs (i)(1) and
(i)(2) of this AD: Do a high frequency eddy current inspection to
detect cracking in the vertical leg (also known as the ``vertical
radius'') and horizontal flange of the left and right rear spar
upper cap, inboard and outboard sides, at the bulkhead at wing
station Xcw = 58.500, in accordance with the Accomplishment
Instructions of Boeing Service Bulletin DC9-57-223, Revision 1,
dated August 13, 2009. If no cracking is found, repeat the
inspection thereafter at intervals not to exceed 15,000 flight
cycles or 5 years, whichever occurs first. Accomplishment of the
initial inspection required by paragraph (i) of this AD terminates
the requirements of paragraphs (g) and (h)(1) of this AD.
(1) Before the accumulation of 25,000 total flight cycles.
(2) Within 15,000 flight cycles or 5 years after accomplishing
the most recent high frequency eddy current inspection required by
paragraph (g) of this AD, whichever occurs first.
Corrective Action
(j) If any cracking is found during any inspection required by
paragraph (i) of this AD, before further flight, repair the cracking
using a method approved in accordance with the procedures specified
in paragraph (k) of this AD.
Alternative Methods of Compliance (AMOCs)
(k)(1) The Manager, Los Angeles ACO, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. Send information to ATTN: Wahib Mina, Aerospace
Engineer, Airframe Branch, ANM-120L, Los Angeles ACO, FAA, 3960
Paramount Boulevard, Lakewood, California 90712-4137; telephone
(562) 627-5324; fax (562) 627-5210.
(2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically refer to this AD.
(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 the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that 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 the approval
must specifically refer to this AD.
(4) AMOCs approved previously in accordance with AD 2004-23-11,
Amendment 39-13866, are approved as AMOCs for the corresponding
provisions of paragraph (h)(2) of this AD.
Issued in Renton, Washington, on July 27, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-19292 Filed 8-4-10; 8:45 am]
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