[Federal Register Volume 62, Number 161 (Wednesday, August 20, 1997)]
[Rules and Regulations]
[Pages 44208-44211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22042]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 96-NM-53-AD; Amendment 39-10110; AD 96-23-07 R1]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model DC-9-80 Series
Airplanes and Model MD-88 Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This amendment revises an existing airworthiness directive
(AD), applicable to certain McDonnell
[[Page 44209]]
Douglas Model DC-9-80 series airplanes and Model MD-88 airplanes, that
currently requires visual/dye penetrant and ultrasonic inspections to
detect cracks in the vertical leg of the rear spar lower cap of the
wings, and various follow-on actions. This amendment is prompted by the
necessity to provide the current address of the FAA office that
receives the results of reporting requirements of this AD. The actions
specified in this AD are intended to prevent fatigue cracking in the
vertical leg of the rear spar lower cap of the wing, which, if not
detected and corrected in a timely manner, could result in loss of the
spar cap, and consequent damage to the spar cap web and adjacent wing
skin structure; this condition could lead to reduced structural
integrity of the wing.
DATES: Effective September 4, 1997.
The incorporation by reference of certain publications listed in
the regulations was approved previously by the Director of the Federal
Register as of December 19, 1996, (61 58323, November 14, 1996).
Comments for inclusion in the Rules Docket must be received on or
before October 20, 1997.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 96-NM-53-AD, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056.
The service information referenced in this AD may be obtained from
McDonnel Douglas Corporation, 3855 Lakewood Boulevard, Long Beach,
California 90846, Attention: Technical Publications Business
Administration, Department C1-L51 (2-60). This information may be
examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue,
SW., Renton, Washington; or at the FAA, Transport Airplane Directorate,
Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard,
Lakewood, California; or at the Office of the Federal Register, 800
North Capitol Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Brent Bandley, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard, Lakewood, California 90712; telephone
(562) 627-5237; fax (562) 627-5210.
SUPPLEMENTARY INFORMATION: On November 5, 1996, the FAA issued AD 96-
23-07, amendment 39-9812 (61 FR 58323, dated November 14, 1996),
applicable to certain McDonnell Douglas Model DC-9-80 series airplanes
and Model MD-88 airplanes, to require visual/dye penetrant and
ultrasonic inspections to detect cracks in the vertical leg of the rear
spar lower cap of the wings, and various follow-on actions. That action
was prompted by reports indicating that, due to improper torque
tightening of the attach studs of the flap hinge fitting, fatigue
cracks were found in the vertical leg of the rear spar lower cap of the
wing. The actions required by that AD are intended to prevent such
fatigue cracking, which, if not detected and corrected in a timely
manner, could result in loss of the spar cap, and consequent damage to
the spar cap web and adjacent wing skin structure; this condition could
lead to reduced structural integrity of the wing.
Actions Since Issuance of Previous Rule
Since the issuance of that AD, the FAA notes that the FAA office
(referenced as the address to provide certain results of reporting
requirements) has a new address, new phone number, and a new facsimile
number. The FAA has determined that the new address is pertinent
information necessary to readily permit compliance with the reporting
requirements of this AD. Therefore, the FAA has revised the final rule
to reflect the current address of the appropriate FAA office. In all
other respects, this AD remains unchanged.
Explanation of Requirements of Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of this same type design, this AD
revises AD 96-23-07 to specify the current address of the referenced
FAA office to assist operators in readily meeting the reporting
requirements of this AD.
Determination of Rule's Effective Date
Since a situation exists that requires the immediate adoption of
this regulation, it is found that notice and opportunity for prior
public comment hereon are impracticable, and that good cause exists for
making this amendment effective in less than 30 days.
Comments Invited
Although this action is in the form of a final rule that involves
requirements affecting flight safety and, thus, was not preceded by
notice and an opportunity for public comment, comments are invited on
this rule. Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments as they may desire.
Communications shall identify the Rules Docket number and be submitted
in triplicate to the address specified under the caption ADDRESSES. All
communications received on or before the closing date for comments will
be considered, and this rule may be amended in light of the comments
received. Factual information that supports the commenter's ideas and
suggestions is extremely helpful in evaluating the effectiveness of the
AD action and determining whether additional rulemaking action would be
needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. All comments submitted will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. A report that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 96-NM-53-AD.'' The postcard will be date stamped and
returned to the commenter.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects 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. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to correct an unsafe
condition in aircraft, and that it is not a ``significant regulatory
action'' under Executive Order 12866. It has been determined further
that this action involves an emergency regulation under DOT Regulatory
Policies and Procedures (44 FR 11034, February 26, 1979). If it is
determined that this emergency regulation otherwise would be
significant under DOT Regulatory Policies and Procedures, a final
regulatory evaluation will be prepared and placed in the Rules Docket.
A copy of it, if filed, may be obtained from the Rules Docket at the
location provided under the caption ADDRESSES.
[[Page 44210]]
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (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. Section 39.13 is amended by removing amendment 39-9812 (61 FR
58323, dated November 14, 1996), and by adding a new airworthiness
directive (AD), amendment 39-10110, to read as follows:
96-23-07 R1 McDonnell Douglas: Amendment 39-10110. Docket 96-NM-53-
AD. Revises AD 96-23-07, Amendment 39-9812.
Applicability: Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83
(MD-83), DC-9-87 (MD-87) series airplanes and Model MD-88 airplanes,
as listed in McDonnell Douglas MD-80 Service Bulletin 57-184,
Revision 1, dated December 22, 1994; certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (e) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent fatigue cracking in the vertical leg of the rear spar
lower cap of the wing, which could lead to reduced structural
integrity of the wing, accomplish the following:
Note 2: Actions specified in this AD that have been performed
prior to the effective date in accordance with McDonnell Douglas MD-
80 Service Bulletin 57-184, dated March 16, 1989, are considered
acceptable for compliance with the applicable requirement of this
AD.
(a) Visual/Dye Penetrant Inspection and Ultrasonic Inspection.
Perform visual/dye penetrant and ultrasonic inspections to detect
cracks in the vertical leg of the rear spar lower cap of the wings
below and in the adjacent area of the two lower attaching stud holes
for the inboard hinge fitting of the outboard flap at station
Xrs=164.000, in accordance with McDonnell Douglas MD-80 Service
Bulletin 57-184, Revision 1, dated December 22, 1994; at the time
specified in paragraph (a)(1), (a)(2), (a)(3), or (a)(4) of this AD,
as applicable.
(1) For airplanes that have accumulated less than 8,000 total
landings as of December 19, 1996, (the effective date of AD 96-23-
01): Perform the inspection prior to the accumulation of 10,000
landings or within 3,000 landings after December 19, 1996, whichever
occurs later.
(2) For airplanes that have accumulated 8,000 or more total
landings but less than 10,000 total landings as of December 19,
1996: Perform the inspection within 3,000 landings after December
19, 1996.
(3) For airplanes that have accumulated 10,000 or more total
landings but less than 15,000 total landings as of December 19,
1996: Perform the inspection within 2,400 landings after December
19, 1996.
(4) For airplanes that have accumulated 15,000 or more total
landings as of December 19, 1996: Perform the inspection within
1,800 landings after December 19, 1996.
(b) Condition 1 (No Cracks). If no crack is detected during any
inspection required by paragraph (a) of this AD, accomplish the
requirements of either paragraph (b)(1) or (b)(2) of this AD, in
accordance with McDonnell Douglas MD-80 Service Bulletin 57-184,
Revision 1, dated December 22, 1994.
(1) Condition 1, Option 1 (Terminating Action). Prior to further
flight, tighten the four mounting studs of the flap hinge fitting in
the rear spar caps (2 studs in the upper cap and 2 studs in the
lower cap) to the applicable torque value, in accordance with the
service bulletin. Accomplishment of this tightening of the mounting
studs of the flap hinge fitting constitutes terminating action for
the repetitive inspection requirements of paragraph (b)(2) of this
AD.
(2) Condition 1, Option 2 (Repetitive Inspection). Repeat the
visual/dye penetrant and ultrasonic inspections required by
paragraph (a) of this AD thereafter at intervals not to exceed 3,000
landings until paragraph (b)(1) of this AD is accomplished.
(c) Condition 2 (Cracks). If any crack is detected during any
inspection required by paragraph (a) or (b)(2) of this AD, prior to
further flight, perform a high frequency eddy current inspection to
confirm the existence of cracking, in accordance with McDonnell
Douglas MD-80 Service Bulletin 57-184, Revision 1, dated December
22, 1994. After this inspection, accomplish the requirements of
either paragraph (c)(1), (c)(2), or (c)(3) of this AD, as
applicable.
(1) No Cracking Confirmed. If no cracking is confirmed,
accomplish the requirements of either paragraph (b)(1) [``Condition
1, Option 1 (Terminating Action)''] or (b)(2) [``Condition 1, Option
2 (Repetitive Inspection)''] of this AD.
(2) Condition 2, Option 1 (Permanent Repair). If any cracking is
confirmed, prior to further flight, replace the entire spar cap or
accomplish the permanent splice repair of the spar cap, and tighten
the four mounting studs of the flap hinge fitting in the rear spar
caps (2 studs in the upper cap and 2 studs in the lower cap) to the
applicable torque value, in accordance with the service bulletin.
Accomplishment of this tightening of the mounting studs constitutes
terminating action for the repetitive inspection requirements of
paragraph (c)(3) of this AD.
(3) Condition 2, Option 2 (Temporary Repair). If cracking is
confirmed and it does not extend beyond the location limits and does
not exceed the maximum permissible crack length of 2 inches, prior
to further flight, accomplish the temporary repair modification of
the spar cap in accordance with the service bulletin. Thereafter,
repeat the eddy current inspection at intervals not to exceed 3,000
landings until paragraph (c)(2) of this AD is accomplished.
(i) If any crack progression is found during any repetitive eddy
current inspection following accomplishment of the temporary repair,
prior to further flight, contact the Manager, Los Angeles Aircraft
Certification Office (ACO), FAA, Transport Airplane Directorate,
telephone (562) 627-5237, fax (562) 627-5210, to establish the
appropriate repair or replacement interval.
Note 3: Operators should note that, unlike the recommended
compliance time of ``within 3,000 landings after discovery of
cracking,'' which is specified in the service bulletin as the time
for accomplishing the permanent splice repair or replacement of the
spar cap, this AD requires that operators contact the FAA prior to
further flight. The FAA finds that the repair/replacement interval
should be established based on the crack progression. Where there
are differences between the AD and the service bulletin in this
regard, the AD prevails.
(ii) If any new crack is found during any repetitive eddy
current inspection following accomplishment of the temporary repair,
prior to further flight, accomplish the permanent repair in
accordance with the service bulletin.
(d) Reporting Requirement. Within 10 days after accomplishing
the initial visual/dye penetrant and ultrasonic inspections required
by paragraph (a) of this AD, submit a report of the inspection
results (both positive and negative findings) to the Manager, Los
Angeles ACO, FAA, Transport Airplane Directorate, Los Angeles
Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood,
California 90712-4137; telephone (562) 627-5237; fax (562) 627-5210.
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.
(e) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Los Angeles ACO. Operators shall
submit their requests through an appropriate FAA Principal
Maintenance Inspector, who may add comments and then send it to the
Manager, Los Angeles ACO.
[[Page 44211]]
Note 4: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Los Angeles ACO.
(f) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(g) The actions shall be done in accordance with McDonnell
Douglas MD-80 Service Bulletin 57-184, Revision 1, dated December
22, 1994. This incorporation by reference was approved previously by
the Director of the Federal Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51, as of December 19, 1996 (61 FR 58323,
November 14, 1996). Copies may be obtained from McDonnell Douglas
Corporation, 3855 Lakewood Boulevard, Long Beach, California 90846,
Attention: Technical Publications Business Administration,
Department C1-L51 (2-60). Copies may be inspected at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or at the FAA, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard, Lakewood, California; or at the
Office of the Federal Register, 800 North Capitol Street, NW., suite
700, Washington, DC.
(h) This amendment becomes effective on September 4, 1997.
Issued in Renton, Washington, on August 13, 1997.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 97-22042 Filed 8-19-97; 8:45 am]
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