[Federal Register Volume 63, Number 157 (Friday, August 14, 1998)]
[Rules and Regulations]
[Pages 43614-43615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21652]



[[Page 43614]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-20-AD; Amendment 39-10708; AD 98-17-06]
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.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain McDonnell Douglas Model DC-9-80 series airplanes 
and Model MD-88 airplanes, that requires repetitive inspections to 
detect fatigue cracking of certain fuselage skin panels, and repair, if 
necessary. For certain airplanes, this amendment also provides for an 
optional preventative modification, which, if accomplished, would 
terminate the repetitive inspections. This amendment is prompted by 
reports of fatigue cracking of certain fuselage skin panels. The 
actions specified by this AD are intended to prevent such fatigue 
cracking, which could result in reduced structural integrity of the 
airplane, and consequent loss of pressurization.

DATES: Effective September 18, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of September 18, 1998.

ADDRESSES: The service information referenced in this AD 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 Federal Aviation Administration 
(FAA), Transport Airplane Directorate, Rules Docket, 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, Transport Airplane Directorate, Los 
Angeles Aircraft Certification Office, 3960 Paramount Boulevard, 
Lakewood, California 90712-4137; telephone (562) 627-5237; fax (562) 
627-5210.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain McDonnell Douglas Model 
DC-9-80 series airplanes and Model MD-88 airplanes was published in the 
Federal Register on March 20, 1998 (63 FR 13579). That action proposed 
to require repetitive inspections to detect fatigue cracking of certain 
fuselage skin panels, and repair, if necessary. For certain airplanes, 
that action also proposed to provide for an optional preventative 
modification, which, if accomplished, would terminate the repetitive 
inspections.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Support for the Proposed Rule

    Several commenters support the proposed rule.

Request To Refer to Latest Service Information

    One commenter requests that the AD also refer to McDonnell Douglas 
MD-80 Service Bulletin 53-253, as amended by Change Notification 53-253 
CN1, dated April 15, 1994. The FAA concurs with this request. The 
change notification revises certain references used in preparation of 
the service bulletin, and changes references to kit numbers and 
contents of fastener kits. The FAA has revised the final rule to state 
that the actions may be accomplished in accordance with either 
McDonnell Douglas MD-80 Service Bulletin 53-253, dated March 31, 1994, 
or McDonnell Douglas MD-80 Service Bulletin 53-253, as amended by 
Change Notification 53-253 CN1, dated April 15, 1994.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the change previously 
described. The FAA has determined that this change will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    There are approximately 1,200 airplanes of the affected design in 
the worldwide fleet. The FAA estimates that 800 airplanes of U.S. 
registry will be affected by this AD, that it will take approximately 
24 work hours per airplane to accomplish the required inspection, and 
that the average labor rate is $60 per work hour. Based on these 
figures, the cost impact of the AD on U.S. operators is estimated to be 
$1,152,000, or $1,440 per airplane, per inspection cycle.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the 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 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.
    For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

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.

[[Page 43615]]

Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

98-17-06  McDonnell Douglas: Amendment 39-10708. Docket 97-NM-20-AD.

    Applicability: Model DC-9-80 series airplanes and Model MD-88 
airplanes; as listed in McDonnell Douglas MD-80 Service Bulletin 53-
253, dated March 31, 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 loss of pressurization due to reduced structural 
integrity of the airplane, accomplish the following:
    (a) Prior to the accumulation of 44,500 total landings, or 
within 4,500 landings after the effective date of this AD, whichever 
occurs later: Perform a high frequency eddy current (HFEC) 
inspection to detect fatigue cracking of the fuselage skin panels 
between stations Y=160.000 and Y=200.000 at the left side of 
longeron 22 below the airstair door cutout, in accordance with 
McDonnell Douglas MD-80 Service Bulletin 53-253, dated March 31, 
1994; or McDonnell Douglas MD-80 Service Bulletin 53-253, as amended 
by Change Notification 53-253 CN1, dated April 15, 1994.
    (b) If no cracking is detected, accomplish the actions specified 
in either paragraph (b)(1) or (b)(2) of this AD, in accordance with 
McDonnell Douglas MD-80 Service Bulletin 53-253, dated March 31, 
1994; or McDonnell Douglas MD-80 Service Bulletin 53-253, as amended 
by Change Notification 53-253 CN1, dated April 15, 1994; at the time 
specified.
    (1) Perform the inspection required by paragraph (a) of this AD 
thereafter at intervals not to exceed 4,500 landings until the 
requirements of paragraph (b)(2) of this AD have been accomplished. 
Or,
    (2) Prior to further flight, install the preventative 
modification in accordance with the service bulletin. Accomplishment 
of the preventative modification prior to detection of any cracking 
constitutes terminating action for the repetitive inspection 
requirements of this AD.
    (c) If any cracking is detected within frame stations Y=160.000 
and Y=200.000, accomplish the actions specified in either paragraph 
(c)(1) or (c)(2) of this AD, in accordance with McDonnell Douglas 
MD-80 Service Bulletin 53-253, dated March 31, 1994; or McDonnell 
Douglas MD-80 Service Bulletin 53-253, as amended by Change 
Notification 53-253 CN1, dated April 15, 1994.
    (1) Accomplish the actions specified in paragraphs (c)(1)(i), 
(c)(1)(ii), (c)(1)(iii), and (c)(1)(iv) of this AD at the times 
specified.
    (i) Prior to further flight, install the temporary repair in 
accordance with the service bulletin.
    (ii) Within 3,000 landings after installation of the temporary 
repair, and thereafter, at intervals not to exceed 3,000 landings, 
perform visual inspections to detect cracking of the repaired area, 
in accordance with the service bulletin.
    (iii) Within 4,500 landings after installation of the temporary 
repair, and thereafter, at intervals not to exceed 4,500 landings, 
perform HFEC inspections to detect cracking of any area not covered 
by the temporary doubler repair, in accordance with the service 
bulletin.
    (iv) Within 8,000 landings after installation of the temporary 
repair, accomplish the permanent repair in accordance with the 
service bulletin. Accomplishment of the permanent repair constitutes 
terminating action for the repetitive inspection requirements of 
this AD.
    (2) Prior to further flight, accomplish the permanent repair in 
accordance with the service bulletin. Accomplishment of the 
permanent repair constitutes terminating action for the repetitive 
inspection requirements of this AD.
    (d) If any cracking is detected that extends forward of station 
Y=160.000 or aft of station Y=200.000, prior to further flight, 
repair in accordance with a method approved by the Manager, Los 
Angeles Aircraft Certification Office (ACO), FAA, Transport Airplane 
Directorate.
    (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.

    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.

    (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) Except as provided by paragraph (d) of this AD: The actions 
shall be done in accordance with McDonnell Douglas MD-80 Service 
Bulletin 53-253, dated March 31, 1994; or McDonnell Douglas MD-80 
Service Bulletin 53-253, as amended by Change Notification 53-253 
CN1, dated April 15, 1994. This incorporation by reference was 
approved by the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. Copies 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). Copies may be 
inspected 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.
    (h) This amendment becomes effective on September 18, 1998.

    Issued in Renton, Washington, on August 6, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-21652 Filed 8-13-98; 8:45 am]
BILLING CODE 4910-13-U