[Federal Register Volume 63, Number 133 (Monday, July 13, 1998)]
[Proposed Rules]
[Pages 37508-37510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18471]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 63, No. 133 / Monday, July 13, 1998 / 
Proposed Rules  

[[Page 37508]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-147-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9, DC-9-80, 
and C-9 (Military) Series Airplanes; Model MD-88 Airplanes; and Model 
MD-90 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain McDonnell Douglas Model 
DC-9, DC-9-80, and C-9 (military) series airplanes; Model MD-88 
airplanes; and Model MD-90 airplanes. This proposal would require a 
one-time inspection of the forward attach pins of the outboard flight 
spoiler actuators to determine whether the pins are of correct length, 
and follow-on corrective actions. This proposal is prompted by a report 
that forward attach pins of incorrect length were found to be installed 
in the flight spoiler actuators on several in-service and in-production 
airplanes. The actions specified by the proposed AD are intended to 
prevent failure of the piston of the flight spoiler actuator and 
consequent puncturing of the aft spar web, which could result in fuel 
leakage and reduced structural integrity of the wings.

DATES: Comments must be received by August 27, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-147-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays.
    The service information referenced in the proposed rule may be 
obtained from The Boeing Company, Douglas Products Division, 3855 
Lakewood Boulevard, Long Beach, California 90846, Attention: Technical 
Publications Business Administration, Dept. 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.

FOR FURTHER INFORMATION CONTACT: Brent Bandley, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Transport Airplane Directorate, Los 
Angeles Aircraft Certification Office, 3960 Paramount Boulevard, 
Lakewood, California 90712-4137; telephone (562) 627-5220; fax (562) 
627-5210.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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 above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed 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 summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 98-NM-147-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 98-NM-147-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received a report indicating that forward attach pins 
of incorrect length (too short) were found to be installed in the 
pistons of the outboard flight spoiler actuators on certain McDonnell 
Douglas Model DC-9-80 series airplanes and Model MD-90 airplanes. These 
pins were manufactured incorrectly by one vendor, and the flight 
spoiler actuators that incorporate the incorrect pins have been 
installed on a number of airplanes. If a forward attach pin is too 
short, the pin and nut could come into contact with the piston lugs, 
which could cause sustained stresses and consequent stress corrosion. 
This condition, if not corrected, could result in failure of the piston 
of the flight spoiler actuator and consequent puncturing of the aft 
spar web, which could result in fuel leakage and reduced structural 
integrity of the wings.

Explanation of Relevant Service Information

    The FAA has reviewed and approved McDonnell Douglas Service 
Bulletins DC9-27-355 and MD90-27-024, both dated February 24, 1998. 
These service bulletins describe procedures for a one-time visual 
inspection of the forward attach pin of the outboard flight spoiler 
actuator on the left and right sides of the airplane to determine 
whether the forward attach pin is of correct length, and follow-on 
corrective actions, which include the following:

--Condition 1. For airplanes on which the length of the pins is 
correct, the service bulletins describe procedures for modifying the 
pin by etching a new part number on it and reinstalling it into the 
flight spoiler actuator.
--Condition 2. For airplanes on which the length of the pins is 
incorrect, the service bulletins describe procedures for a follow-on 
visual inspection to detect corrosion of the outer transition radii of 
the piston lugs of the flight

[[Page 37509]]

spoiler actuator, or discrepancies of the cadmium plating on the lugs. 
If no corrosion or discrepancy is found, follow-on actions include 
installing a new, improved pin, and a new washer and nut. If any 
corrosion or discrepancy is found, corrective actions include removing 
the actuator and attaching parts, performing a high frequency eddy 
current (HFEC) inspection for cracking of the lugs of the actuator, 
replacing any cracked piston assembly of the actuator with a new part, 
reinstalling the actuator and attaching parts, and installing a new, 
improved pin, and a new washer and nut.

    Accomplishment of the actions specified in the service bulletins is 
intended to adequately address the identified unsafe condition.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other products of this same type design, the 
proposed AD would require accomplishment of the actions specified in 
the service bulletins described previously. The proposed AD also would 
require that operators report results of inspection findings to the 
FAA.

Cost Impact

    There are approximately 1,700 airplanes of the affected design in 
the worldwide fleet. The FAA estimates that 1,134 airplanes of U.S. 
registry would be affected by this proposed AD.
    It would take approximately 5 work hours per airplane (including 
removal and reinstallation of the forward attach pin) to accomplish the 
proposed one-time visual inspection, at an average labor rate of $60 
per work hour. Based on these figures, the cost impact of this 
inspection proposed by this AD on U.S. operators is estimated to be 
$340,200, or $300 per airplane.
    If the forward attach pin is determined to be of correct length, it 
would take approximately 1 work hour per airplane to accomplish the 
necessary modification, at an average labor rate of $60 per work hour. 
Based on these figures, the cost impact of this modification proposed 
by this AD on U.S. operators is estimated to be $60 per airplane.
    If the forward attach pin is determined to be of incorrect length, 
it would take approximately 1 work hour per airplane to accomplish the 
follow-on visual inspection and replacement of the pin, at an average 
labor rate of $60 per work hour. New pins would be provided by the 
manufacturer at no cost to the operators. Based on these figures, the 
cost impact of the follow-on visual inspection and replacement is 
estimated to be $60 per airplane.
    Should an operator be required to accomplish the HFEC inspection, 
it would take approximately 11 work hours per airplane to accomplish 
(including removal and reinstallation of the flight spoiler actuator), 
at an average labor rate of $60 per work hour. Based on these figures, 
the cost impact of the HFEC inspection is estimated to be $660 per 
airplane.
    Should an operator be required to accomplish the replacement of the 
piston assembly of the flight spoiler actuator, it would take 
approximately 5 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Required parts would cost 
approximately $2,590 per airplane. Based on these figures, the cost 
impact of the replacement on U.S. operators is estimated to be $2,890 
per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the proposed requirements 
of this AD action, and that no operator would accomplish those actions 
in the future if this AD were not adopted.

Regulatory Impact

    The regulations proposed herein would 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 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this 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) if promulgated, 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. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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 adding the following new 
airworthiness directive:
McDonnell Douglas: Docket 98-NM-147-AD.
    Applicability: Model DC-9-10, -20, -30, -40, and -50 series 
airplanes, Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), 
and DC-9-87 (MD-87) series airplanes, Model MD-88 airplanes, and C-9 
(military) series airplanes, as listed in McDonnell Douglas Service 
Bulletin DC9-27-355, dated February 24, 1998; and Model MD-90 
airplanes, as listed in McDonnell Douglas Service Bulletin MD90-27-
024, dated February 24, 1998; on which a piston assembly of the 
flight spoiler actuator having part number (P/N) 4913415-505 or 
4913415-507 is installed; 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 (d) 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 failure of the piston of the flight spoiler actuator 
and consequent puncturing of the aft spar web, which could result in 
fuel leakage and reduced structural integrity of the wings, 
accomplish the following:
    (a) Within 18 months after the effective date of this AD, remove 
the forward attach pin of the outboard flight spoiler actuator of 
the left and right wings of the airplane, and perform a one-time 
visual inspection of the pin to determine whether it is of correct 
length, in accordance with the Accomplishment Instructions of 
McDonnell Douglas Service Bulletin DC9-27-355 [for Model DC-9-10, -
20, -30, -40, -50 series airplanes; Model C-9 (military) series 
airplanes; Model DC-9-81 (MD-81), -82 (MD-82), -83 (MD-83), and -87 
(MD-87) series airplanes; and Model MD-88 airplanes], or MD90-27-024 
(for Model MD-90 airplanes), both dated February 24, 1998, as 
applicable.

[[Page 37510]]

    (1) Condition 1 (Correct Length). If the forward attach pin is 
of correct length, prior to further flight, modify the pin by 
reidentifying it with P/N 4935329-503, in accordance with the 
applicable service bulletin.
    (2) Condition 2 (Incorrect Length). If the forward attach pin is 
of incorrect length, prior to further flight, perform a follow-on 
visual inspection of the piston lugs of the flight spoiler actuator 
for corrosion at the outer transition radii, or discrepancies of the 
cadmium plating of the lugs, in accordance with the applicable 
service bulletin.
    (i) If no corrosion or discrepancy of the cadmium plating of the 
lugs is detected, prior to further flight, install a new, improved 
forward attach pin, P/N 4935329-503, and a new washer and nut, in 
accordance with the applicable service bulletin.
    (ii) If any corrosion or discrepancy of the cadmium plating of 
the lugs is detected, prior to further flight, remove the actuator 
and attaching parts, and perform a high frequency eddy current 
inspection for cracking of the lugs of the actuator, in accordance 
with the applicable service bulletin.
    (A) If no cracking of the lugs is detected, prior to further 
flight, reinstall the flight spoiler actuator and attaching parts, 
and install a new, improved forward attach pin, P/N 4935329-503, and 
a new washer and nut, in accordance with the applicable service 
bulletin.
    (B) If any cracking of the lugs is detected, prior to further 
flight, replace the existing piston assembly of the flight spoiler 
actuator with a new piston assembly having the same P/N; reinstall 
the flight spoiler actuator and attaching parts; and install a new, 
improved forward attach pin, P/N 4935329-503, and a new washer and 
nut; in accordance with the applicable service bulletin.
    (b) Within 10 days after accomplishing the inspection required 
by paragraph (a) of this AD, submit a report of the inspection 
results (both positive and negative findings) to the Manager, Los 
Angeles Aircraft Certification Office (ACO), FAA, Transport Airplane 
Directorate, 3960 Paramount Boulevard, Lakewood, California 90712-
4137; 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.
    (c) As of the effective date of this AD, no person shall install 
a forward attach pin of the flight spoiler actuator, P/N 4935329-1 
or 4935329-501, on any airplane.
    (d) 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.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Los Angeles ACO.

    (e) 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.

    Issued in Renton, Washington, on July 6, 1998.
John J. Hickey,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-18471 Filed 7-10-98; 8:45 am]
BILLING CODE 4910-13-U