[Federal Register Volume 75, Number 216 (Tuesday, November 9, 2010)]
[Rules and Regulations]
[Pages 68686-68688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28084]
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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;
Amendment 39-16499; AD 2010-23-10]
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), DOT.
ACTION: Final rule.
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SUMMARY: We are superseding an existing airworthiness directive (AD)
for the products listed above. That AD currently requires repetitive
high frequency eddy current inspections to detect cracking 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 new 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 new AD also
adds certain airplanes to the applicability. This AD was prompted by
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 of the rear spar upper cap, which resulted from stress corrosion.
We are 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.
DATES: This AD is effective December 14, 2010.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of December 14,
2010.
ADDRESSES: For service information identified in this 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 AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone: 800-647-5527) is Document Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
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:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede airworthiness
[[Page 68687]]
directive (AD) 2004-23-11, Amendment 39-13866 (69 FR 65522, November
15, 2004). That AD applies to the specified products. The NPRM was
published in the Federal Register on August 5, 2010 (75 FR 47242). That
NPRM proposed to 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. That NPRM also proposed to expand 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. In addition, that NPRM proposed to
add certain airplanes to the applicability.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.
Conclusion
We reviewed the relevant data and determined that air safety and
the public interest require adopting the AD as proposed, except for
minor editorial changes. We have determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
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 will
be affected by this AD. The following table provides the estimated
costs for U.S. operators to comply with this AD.
Estimated Costs
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Number of U.S.-
Action Work hours Average labor Parts Cost per airplane registered Fleet cost
rate 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 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),
(3) Will not affect intrastate aviation in Alaska, and
(4) 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.
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 FAA amends Sec. 39.13 by removing airworthiness directive (AD)
2004-23-11, Amendment 39-13866 (69 FR 65522, November 15, 2004), and
adding the following new AD:
2010-23-10 McDonnell Douglas Corporation: Amendment 39-16499; Docket
No. FAA-2010-0705; Directorate Identifier 2009-NM-206-AD.
Effective Date
(a) This airworthiness directive (AD) is effective December 14,
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.
[[Page 68688]]
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
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.
Material Incorporated by Reference
(l) You must use Boeing Service Bulletin DC9-57-223, Revision 1,
dated August 13, 2009, to do the actions required by this AD, unless
the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this 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.
(3) You may review copies of the service information at the FAA,
1601 Lind Avenue, SW., Renton, Washington. For information on the
availability of this material at the FAA, call 425-227-1221.
(4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on October 21, 2010.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-28084 Filed 11-8-10; 8:45 am]
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