[Federal Register: August 11, 2005 (Volume 70, Number 154)]
[Proposed Rules]
[Page 46790-46792]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11au05-29]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-22062; Directorate Identifier 2003-NM-219-AD]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model DC-9-81 (MD-
81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), MD-88, and MD-
90-30 Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all McDonnell Douglas airplanes identified above. This proposed AD
would require a one-time inspection of the aft attach fitting assembly
of the spoiler link to determine the part number, and further
investigative action and replacement of the assembly with a new or
serviceable assembly, if necessary. This proposed AD results from a
determination that the holes of certain aft attach fitting assemblies
of the spoiler link were not cold-worked during production. We are
proposing this AD to prevent fatigue cracking of the aft attach fitting
of the spoiler link and consequent failure of the fitting. Failure of
the fitting could result in an asymmetrical lift condition and
consequent reduced controllability of the airplane.
DATES: We must receive comments on this proposed AD by September 26,
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.
By 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.
Contact Boeing Commercial Airplanes, Long Beach Division, 3855
Lakewood Boulevard, Long Beach,
[[Page 46791]]
California 90846, Attention: Data and Service Management, Dept. C1-L5A
(D800-0024); or Aerotech Engineering, Inc., 19655 Descartes, Foothill
Ranch, California 92610; for service information identified in this
proposed AD.
FOR FURTHER INFORMATION CONTACT: Roger Durbin, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137;
telephone (562) 627-5233; fax (562) 627-5210.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any relevant written data, views, or
arguments regarding this proposed AD. Include the docket number ``FAA-
2005-22062; Directorate Identifier 2003-NM-219-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
that 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 may review DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
may visit http://dms.dot.gov.
Examining the Docket
You may 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 Docket Management System
receives them.
Discussion
We have received a report indicating that the holes of certain aft
attach fitting assemblies of the spoiler link were not cold-worked
during production. The subject assemblies were manufactured by Aerotech
Manufacturing, Inc. (AMI), under the authority of a Parts Manufacturing
Approval, before January 8, 2003, and may be installed on any McDonnell
Douglas Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-
87 (MD-87), MD-88, or MD-90-30 airplanes. Cold-working of the holes
increases the resistance of the fitting to fatigue cracking originating
at the hole. Fatigue cracking of the aft attach fitting of the spoiler
link, if not corrected, could cause the fitting to fail. Failure of the
fitting could result in an asymmetrical lift condition and consequent
reduced controllability of the airplane.
Relevant Service Information
We have reviewed Aerotech Manufacturing, Inc., Service Bulletin
DC9-27-01-AMI5139, Revision ``A,'' dated June 19, 2003. The service
bulletin describes procedures for a one-time inspection of the aft
attach fitting assembly of the spoiler link to determine if the
assembly was manufactured by AMI. The service bulletin also describes
procedures for replacement of any assembly manufactured by AMI with a
new or serviceable assembly that has a lot number that is not subject
to this proposed AD. 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
We have evaluated all pertinent information and identified an
unsafe condition that is likely to exist or develop on other airplanes
of this same type design. For this reason, we are proposing this AD,
which would require accomplishing the actions specified in the service
information described previously, except as discussed under
``Differences Between the Proposed AD and Service Information.''
Differences Between the Proposed AD and Service Information
The service information specifies that the inspection of the aft
attach fitting assembly of the spoiler link must be accomplished ``at
the heavy maintenance visit whereby inspection of the spoiler system
can be accomplished or before 10,000 flight hours are accumulated * *
*.'' We find that this compliance time is not sufficiently precise to
ensure that all affected assemblies will be inspected, and replaced if
necessary, in a timely manner. Therefore, this proposed AD specifies a
compliance time of prior to the accumulation of 10,000 total flight
hours on the aft attach fitting assembly of the spoiler link, or within
18 months after the effective date of this AD, whichever is later.
Section 1.D., ``Description,'' of the service information describes
procedures for inspecting the aft attach fitting assembly of the
spoiler link to determine if it is an AMI fitting assembly. This
proposed AD would require an inspection to determine the part number
and, if necessary, the lot number, of the aft attach fitting assembly.
We find that determining the part number, and the lot number, if
necessary, is the most conclusive way to determine whether an installed
fitting assembly is affected by the requirements of this proposed AD.
Clarification of Date of Original Issue of Service Bulletin
Page 1 of Aerotech Manufacturing, Inc., Service Bulletin DC9-27-01-
AMI5139, Revision ``A,'' shows that the date of the original issue of
that service bulletin is January 29, 2003. However, subsequent pages of
Revision ``A'' of the service bulletin show that the date of the
original issue of the service bulletin was March 26, 2002. We have
determined that the correct date of the original issue of Aerotech
Manufacturing, Inc., Service Bulletin DC9-27-01-AMI5139 is January 29,
2003.
Costs of Compliance
There are about 1,296 airplanes of the affected design in the
worldwide fleet. This proposed AD would affect about 738 airplanes of
U.S. registry. The proposed inspection to determine the part number of
the aft attach fitting assembly of the spoiler link would take about 1
work hour per airplane, at an average labor rate of $65 per work hour.
Based on these figures, the estimated cost of this proposed inspection
for U.S. operators is $47,970, or $65 per airplane.
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
[[Page 46792]]
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 adding the following new
airworthiness directive (AD):
McDonnell Douglas: Docket No. FAA-2005-22062; Directorate Identifier
2003-NM-219-AD.
Comments Due Date
(a) The Federal Aviation Administration (FAA) must receive
comments on this AD action by September 26, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all McDonnell Douglas Model DC-9-81 (MD-
81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), MD-88, and
MD-90-30 airplanes, certificated in any category.
Unsafe Condition
(d) This AD was prompted by a determination that the holes of
certain aft attach fitting assemblies of the spoiler link were not
cold-worked during production. We are issuing this AD to prevent
fatigue cracking of the aft attach fitting of the spoiler link and
consequent failure of the fitting. Failure of the fitting could
result in an asymmetrical lift condition and consequent reduced
controllability of the airplane.
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.
Inspection
(f) Prior to the accumulation of 10,000 total flight hours on
the aft attach fitting assembly of the spoiler link, or within 18
months after the effective date of this AD, whichever is later:
Inspect the aft attach fitting assembly of the spoiler link to
determine the part number, in accordance with Item 1.a). of Section
1.D., ``Description,'' of Aerotech Manufacturing, Inc., Service
Bulletin DC9-27-01-AMI5139, Revision ``A,'' dated June 19, 2003.
(1) If the part number is not AMI3954558-1 or AMI3954558-501: No
further action is required by this AD, but the provisions of
paragraph (h) of this AD continue to apply.
(2) If the part number is AMI3954558-1 or AMI3954558-501: Before
further flight, inspect the aft attach fitting assembly of the
spoiler link to determine the lot number, then determine if the lot
number is identified in the ``Lot Number'' column of the table in
Section 1.A.1. of the service bulletin. If the lot number is not
identified in the service bulletin, no further action is required by
this AD, but the provisions of paragraph (h) of this AD continue to
apply.
Replacement
(g) If the part number of the aft attach fitting assembly of the
spoiler link is AMI3954558-1 or AMI3954558-501, and the lot number
is identified in the ``Lot Number'' column of the table in Section
1.A.1. of Aerotech Manufacturing, Inc., Service Bulletin DC9-27-01-
AMI5139, Revision ``A,'' dated June 19, 2003: Before further flight,
replace the assembly with a new or serviceable assembly having a lot
number that is not identified in the ``Lot Number'' column of the
table in Section 1.A.1. of the service bulletin, in accordance with
Item 1.b). of Section 1.D., ``Description,'' of the service
bulletin.
Parts Installation
(h) As of the effective date of this AD, no person may install,
on any airplane, an aft attach fitting assembly of the spoiler link
having part number AMI3954558-1 or AMI3954558-501, and having a lot
number identified in the ``Lot Number'' column of the table in
Section 1.A.1. of Aerotech Manufacturing, Inc., Service Bulletin
DC9-27-01-AMI5139, Revision ``A,'' dated June 19, 2003.
Alternative Methods of Compliance (AMOCs)
(i) The Manager, Los Angeles Aircraft Certification Office, FAA,
has the authority to approve AMOCs for this AD, if requested in
accordance with the procedures found in 14 CFR 39.19.
Issued in Renton, Washington, on August 3, 2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-15881 Filed 8-10-05; 8:45 am]
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