[Federal Register: March 30, 2005 (Volume 70, Number 60)]
[Rules and Regulations]
[Page 16098-16101]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30mr05-3]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2004-18774; Directorate Identifier 2003-NM-212-AD;
Amendment 39-14027; AD 2005-07-03]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model DC-9-10, -20, -
30, -40, and -50 Series Airplanes; and Model DC-9-81 (MD-81) and DC-9-
82 (MD-82) Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain McDonnell Douglas Model DC-9-10, -20, -30, -40, and -50 series
airplanes; and Model DC-9-81 (MD-81) and DC-9-82 (MD-82) airplanes.
This AD requires repetitive detailed inspections of the upper and lower
caps of the rear spar of the left and right wings, and corrective
action if necessary. This AD also provides an optional modification
that would end the repetitive inspections. This AD is prompted by
reports of fatigue cracks in the upper and lower caps of the wing spar.
We are issuing this AD to detect and correct fatigue cracking in the
upper and lower caps of the rear spar of the left and right wings,
which could result in structural failure of the wings.
DATES: This AD becomes effective May 4, 2005.
The incorporation by reference of a certain publication listed in
the AD is approved by the Director of the Federal Register as of May 4,
2005.
ADDRESSES: For service information identified in this 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).
Docket: The AD docket contains the proposed AD, comments, and any
final disposition. 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 U.S.
Department of Transportation, 400 Seventh Street SW, room PL-401,
Washington, DC. This docket number is FAA-2004-18774; the directorate
identifier for this docket is 2003-NM-212-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: The FAA proposed to amend 14 CFR Part 39
with an AD for certain McDonnell Douglas Model DC-9-10, -20, -30, -40,
and -50 series airplanes; and Model DC-9-81 (MD-81) and DC-9-82 (MD-82)
airplanes. That action, published in the Federal Register on August 5,
2004 (69 FR 47388), proposed to require repetitive detailed inspections
of the upper and lower caps of the rear spar of the left and right
wings, and corrective action if necessary. That action also proposed to
provide an optional modification that would end the repetitive
inspections.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments that have been
submitted on the proposed AD.
Request To Revise Corrective Action
One commenter requests that we revise the corrective action
specified in the proposed AD. The commenter states there is a
significant discrepancy between the proposed AD and McDonnell Douglas
DC-9 Service Bulletin 57-179, Revision 1, dated December 21, 1994
(referenced as the appropriate source of service information for
accomplishing the proposed actions). The commenter notes
[[Page 16099]]
that the proposed AD will require that if a crack is found on either
the upper or lower spar cap, then both the upper and lower spar caps
must be either permanently repaired as specified in paragraph (j) of
the proposed AD or temporarily repaired as specified in paragraph (k)
of the proposed AD. The commenter contends that the intent of the
service bulletin is to repair (permanently or temporarily) only the
cracked spar caps and then repetitive inspections can continue on spar
caps that are not cracked. The commenter provides data that it contends
strongly indicate that repair of both spar caps is not necessary if
only one of the spar caps is found to be cracked. The commenter also
refers to AD 88-01-04, which does not require repair of both spar caps
if only one is found to be cracked.
The commenter states that requiring both spar caps to be repaired
if either spar cap is found cracked would appear to be a requirement to
retrofit all airplanes that have repaired only a single spar cap and
therefore may result in grounded airplanes. The commenter also states
that repairing both spar caps if only one spar cap is cracked would
impose a large and unnecessary burden on operators.
The commenter requests that the final rule require only temporary
or permanent repair of the cracked spar cap and continuing inspections
of the uncracked spar cap on that spar.
We agree with the commenter to revise the final rule. When only one
spar cap is found to be cracked on one spar, the intent of the service
bulletin is to repair the cracked spar cap and continue inspections of
the uncracked spar cap on that spar. We have revised paragraphs (j) and
(k) of the final rule accordingly.
Request To Revise the Cost Section
The same commenter requests that we revise the Cost of Compliance
section of the proposed AD. The commenter notes that the proposed AD
estimates the cost at $260 per airplane, per inspection. The commenter
states that based on its experience, the average cost to perform the
inspections is $610 per airplane.
We do not agree to revise the Costs of Compliance section of the
final rule. The cost impact figures discussed in AD rulemaking actions
represent only the time necessary to perform the specific actions
actually required by the AD. These figures typically do not include
incidental costs, such as the time required to gain access and close
up, planning time, or time necessitated by other administrative
actions. Thus, the cost estimate in the final rule is only for the cost
of the inspection. In addition, the cost estimate is based on the
manufacturer's data provided in the service bulletin. We have not
changed the final rule in this regard.
Conclusion
We have carefully reviewed the available data, including the
comments that have been submitted, and determined that air safety and
the public interest require adopting the AD with the changes described
previously. We have determined that these changes will neither increase
the economic burden on any operator nor increase the scope of the AD.
Clarification of Actions in Paragraph (n)
We have revised the wording in paragraph (n) of the final rule to
clarify that for the applicable airplanes the actions specified in
paragraph (n) are required only if the actions specified in paragraph
(m) are being accomplished.
Costs of Compliance
There are about 1,163 airplanes worldwide of the affected design.
This AD will affect about 583 airplanes of U.S. registry. The
inspection will take about 4 work hours per airplane, at an average
labor rate of $65 per work hour. Based on these figures, the estimated
cost of the AD for U.S. operators is $151,580, or $260 per airplane,
per inspection cycle.
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. See the ADDRESSES section for a location to
examine the regulatoory 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 FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2005-07-03 McDonnell Douglas: Amendment 39-14027. Docket No. FAA-
2004-18774; Directorate Identifier 2003-NM-212-AD.
Effective Date
(a) This AD becomes effective May 4, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to the models listed in Table 1 of this AD,
certificated in any category; as listed in McDonnell Douglas DC-9
Service Bulletin 57-179, Revision 1, dated December 21, 1994.
Table 1.--Applicable Models
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Model DC-9-11, DC-9-12, DC-9-13, DC-9-14, DC-9-15, and DC-9-15F,
airplanes
Model DC-9-21 airplanes
Model DC-9-31, DC-9-32, DC-9-32, (VC-9C), DC-9-32F, DC-9-33F, DC-9-34,
and DC-9-34F, DC-9-32F (C-9A, C-9B) airplanes
[[Page 16100]]
Model DC-9-41 airplanes
Model DC-9-51 airplanes
Model DC-9-81 (MD-81), and DC-9-82 (MD-82) airplanes
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Unsafe Condition
(d) This AD was prompted by reports of fatigue cracks in the
upper and lower caps of the wing spar. We are issuing this AD to
detect and correct fatigue cracking in the upper and lower caps of
the rear spar of the left and right wings, which could result in
structural failure of the wings.
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.
Service Bulletin Reference
(f) Unless otherwise stated, the term ``service bulletin'', as
used in this Ad, means McDonnell Douglas DC-9 Service Bulletin 57-
179, Revision 1, dated December 21, 1994.
Inspection of the Upper and Lower Caps of the Rear Spar
(g) At the time specified in paragraph (g)(1) or (g)(2) of this
Ad, as applicable, do a detailed inspection of the upper and lower
caps of the rear spar of the left and right wings at station Xrs =
267.000 for cracks in accordance with the Accomplishment
Instructions of the service bulletin.
(1) For Group 1 airplanes identified in paragraph 1.A.(1) of the
service bulletin: Inspect prior to the accumulation of 50,000 total
landings, or within 3,000 landings after the effective date of this
AD, whichever occurs later.
(2) For Group 2 airplanes identified in paragraph 1.A.(1) of the
service bulletin: Inspect prior to the accumulation of 20,000 total
landings, or within 3,000 landings after the effective date of this
AD, whichever occurs later.
Note 1: For the purposes of this AD, a detailed inspection is
``An intensive visual examination of a specific structural area,
system, installation, or assembly to detect damage, failure, or
irregularity. Available lighting is normally supplemented with a
direct source of good lighting at intensity deemed appropriate by
the inspector. Inspection aids such as mirror, magnifying lenses,
etc., may be used. Surface cleaning and elaborate access procedures
may be required.''
No Crack Detected: Repetitive Inspections
(h) If no crack is detected during any detailed inspection
required by paragraph (g) of this AD, repeat the inspection
thereafter at intervals not to exceed 3,000 landings until the crack
preventative modification specified in paragraph (m) of this AD is
done.
Any Crack Detected: Corrective Actions
(i) If any crack is detected during any detailed inspection
required by paragraph (g) of this AD, before further flight, do the
actions specified in paragraph (j) of this AD, except as provided by
paragraph (k) of this AD.
Permanent Repair Modification
(j) If required by paragraph (i) of this AD, do the permanent
repair modification for any cracked rear spar cap; and at the times
specified in paragraph (j)(1) or (j)(2) of this AD, as applicable,
do the detailed inspection specified in paragraph (g) of this AD. Do
the actions in accordance with the Accomplishment Instructions of
the service bulletin.
(1) For Group 1 airplanes identified in paragraph 1.A.(1) of the
service bulletin: Within 53,000 landings after accomplishing the
permanent repair modification, do the detailed inspection. Repeat
the detailed inspection thereafter at intervals not to exceed 3,000
landings until the crack preventative modification specified in
paragraph (m) of this AD is done.
(2) For Group 2 airplanes identified in paragraph 1.A.(1) of the
service bulletin: Within 33,000 landings after accomplishing the
permanent repair modification, do the detailed inspection. Repeat
the detailed inspection thereafter at intervals not to exceed 3,000
landings until the crack preventative modification specified in
paragraph (m) of this AD is done.
Optional Temporary Repair Modification for Certain Cracking
(k) In lieu of the actions specified in paragraph (j) of this
AD, for any crack that does not exceed the limits specified in the
Accomplishment Instructions of the service bulletin: Before further
flight, do the temporary repair modification for any cracked rear
spar cap; and at the times specified in paragraphs (k)(1) and (k)(2)
of this AD, do the detailed inspections specified in paragraphs
(k)(1) and (k)(2) of this AD. Do the actions in accordance with the
Accomplishment Instructions of the service bulletin.
(1) Within 1,500 landings after accomplishing the temporary
repair modification, do a detailed inspection of the temporary
repair for any new crack or crack progression and repeat the
inspection thereafter at intervals not to exceed 1,500 landings
until the permanent repair modification specified in paragraph (j)
of this AD is done.
(2) Within 3,000 landings after accomplishing the temporary
repair modification, do detailed, eddy current, and ultrasonic
inspections of the temporary repair for any new crack or crack
progression and repeat the inspections thereafter at intervals not
to exceed 3,000 landings until the permanent repair modification
specified in paragraph (j) of this AD is done.
(l) If any crack progression or new crack is detected during any
inspection required by paragraph (k)(1) or (k)(2) 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.
Optional Terminating Crack Preventative Modification
(m) Except as provided by paragraph (n) of this AD,
accomplishment of the crack preventative modification in accordance
with the applicable service bulletin listed in Table 2 of this AD
ends the repetitive inspections required by this AD. If the
applicable service bulletin specifies to contact the manufacturer
for specific modification information: Repair per a method approved
by the Manager, Los Angeles 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.
Table 2.--Service Bulletins for Crack Preventative Modification
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Use McDonnell Douglas service
For airplane model-- bulletin--
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Model DC-9-10, -20, -30, -40, and -50 DC-9 Service Bulletin 57-160,
series airplanes; and Model DC-9-81 dated December 7, 1987.
(MD-81) and DC-9-82 (MD-82) airplanes.
Model DC-9-81 (MD-81), DC-9-82 (MD-82), MD-80 Service Bulletin 57-177,
and DC-9-83 (MD-83) airplanes. Revision 1, dated June 12,
1989.
Model DC-9-82 (MD-82) airplanes........ MD-80 Service Bulletin 57-178,
Revision 1, dated June 12,
1990.
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(n) For airplanes on which the temporary repair modification
specified in paragraph (k) of this AD has been done: If
accomplishing the crack preventative modification specified in
paragraph (m) of this AD, before or concurrently with the crack
preventative modification, do the permanent repair modification
specified in paragraph (j) of this AD.
Alternative Methods of Compliance (AMOCs)
(o) The Manager, Los Angeles ACO, FAA, has the authority to
approve AMOCs for this AD, if requested in accordance with the
procedures found in 14 CFR 39.19.
Material Incorporated by Reference
(p) You must use McDonnell Douglas DC-9 Service Bulletin 57-179,
Revision 1, dated December 21, 1994, including McDonnell
[[Page 16101]]
Douglas Service Sketch 3268D, approved February 20, 1984, to perform
the actions that are required by this AD, unless the AD specifies
otherwise. The Director of the Federal Register approves the
incorporation by reference of this document in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. For copies of the service
information, 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 information on the availability of this material at the National
Archives and Records Administration (NARA), call (202) 741-6030, or
go to http://www.archives.gov/ federal--register/code--of--
federal--regulations/ ibr--locations.html. You may view the AD
docket at the Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street SW., room PL-401, Nassif
Building, Washington, DC.
Issued in Renton, Washington, on March 21, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-6109 Filed 3-29-05; 8:45 am]
BILLING CODE 4910-13-P