[Federal Register Volume 64, Number 62 (Thursday, April 1, 1999)]
[Rules and Regulations]
[Pages 15657-15659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7691]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-166-AD; Amendment 39-11099; AD 99-07-14]
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 a one-time inspection to 
detect corrosion of the lug bores and the surface of the hinge plates 
of the vertical-to-horizontal stabilizer; and corrective actions, if 
necessary. This amendment is prompted by reports of corrosion of the 
lug bores and the surface of the hinge plates of the vertical-to-
horizontal stabilizer, apparently due to the improper brushing of 
cadmium on the hinge plates during manufacture. The actions specified 
by this AD are intended to detect and correct corrosion of the lug 
bores and the surface of the hinge plates of the vertical-to-horizontal 
stabilizer, which could result in reduced structural integrity of the 
airplane.

DATES: Effective May 6, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 6, 1999.

ADDRESSES: The service information referenced in this AD may be 
obtained from Boeing Commercial Aircraft Group, Long Beach 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 June 26, 1998 (63 FR 34832). That action 
proposed to require a one-time inspection to detect corrosion of the 
lug bores and the surface of the hinge plates of the vertical-to-
horizontal stabilizer; and corrective actions, if necessary.

Comments Received

    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

    Two commenters support the proposed rule.

Requests To Revise Initial Inspection Method

    Several commenters request that the FAA require, within 18 months, 
an ``external'' visual inspection for evidence of corrosion of the 
hinge plates with fairings removed. If corrosion is found during the 
``external'' visual inspection, the commenters suggest that, prior to 
further flight, the one-time visual inspection specified in paragraph 
(a) of the proposed AD then be accomplished. If no corrosion is found 
during the ``external'' visual inspection, the commenters suggest that 
operators repeat the ``external'' visual inspection thereafter at 
intervals not to exceed 18 months, until the one-time visual inspection 
is accomplished within 6 years. The commenters state that because 
removing the pivot pin and horizontal stabilizer to conduct the 
proposed one-time visual inspection is very time consuming, it will 
cause an

[[Page 15658]]

undue burden on operators. One commenter states that it will have to 
special schedule its fleet of airplanes to accomplish the proposed 
visual inspection within 18 months. In addition, one commenter states 
that Boeing supports its inspection procedures and is prepared to 
revise McDonnell Douglas Service Bulletin MD80-55-054, dated March 3, 
1998 (which was referenced in the proposed AD as the appropriate source 
of service information for accomplishment of the proposed actions).
    The FAA concurs partially. The FAA acknowledges that the procedures 
recommended by the commenters could be developed and implemented by the 
manufacturer in a revised service bulletin. However, because a revised 
service bulletin does not exist at this time, the FAA finds that no 
change to the final rule is warranted. When the manufacturer does 
revise the existing service bulletin, the FAA may approve that service 
bulletin as an alternative method of compliance (AMOC) to the 
requirements of this final rule.

Request To Include a Provision for Certain Inspections Performed 
Previously

    One commenter requests that the FAA revise the proposed AD to 
include a provision for inspections of Significant Structural Items 
(SSI) 55.11.053, 55.11.054, and 55.51.066 accomplished previously 
within the last 18 months. The commenter states that the subject hinge 
plates are inspected when SSI's are inspected. The FAA does not concur. 
The FAA finds that the SSI inspections proposed by the commenter do not 
adequately address the identified unsafe condition of this AD, because 
they are much less rigorous than the inspections required in this AD. 
However, under the provisions of paragraph (c) of the final rule, the 
FAA may approve requests for alternative methods of compliance if data 
are submitted to substantiate that such an alternative would provide an 
acceptable level of safety.

Request To Delay Issuance of Final Rule

    One commenter requests that the Structural Repair Manual (SRM) be 
revised prior to issuance of the final rule. The commenter contends 
that the SRM does not provide procedures for any protective finish 
after corrosion removal is accomplished. The commenter suggests a 
protective finish of fluid-resistant primer. The FAA concurs. The FAA 
has verified with the manufacturer that a Temporary Revision to Chapter 
55 of the SRM has been issued, which describes procedures for a 
protective finish of fluid-resistant primer after corrosion removal and 
deletes cadmium plating from the repair procedures. Accordingly, no 
change to the final rule is necessary.

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 as proposed.

Cost Impact

    There are approximately 1,059 airplanes of the affected design in 
the worldwide fleet. The FAA estimates that 706 airplanes of U.S. 
registry will be affected by this AD. It will take approximately 117 
work hours per airplane (which includes removal and installation) to 
accomplish the required inspection, at an average labor rate of $60 per 
work hour. Based on these figures, the cost impact of the AD on U.S. 
operators is estimated to be $4,956,120, or $7,020 per airplane.
    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.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:
99-07-14  McDonnell Douglas: Amendment 39-11099. Docket 98-NM-166-
AD.

    Applicability: Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 
(MD-83), and DC-9-87 (MD-87) series airplanes, and Model MD-88 
airplanes; as listed in McDonnell Douglas Service Bulletin MD80-55-
054, dated March 3, 1998; 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 (c) 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 detect and correct corrosion of the lug bores and the surface 
of the hinge plates of the vertical-to-horizontal stabilizer, which 
could result in reduced structural integrity of the airplane, 
accomplish the following:
    (a) Within 18 months after the effective date of this AD, 
perform a one-time visual inspection to detect corrosion of the lug 
bores and the surface of the hinge plates of the vertical-to-
horizontal stabilizer, in accordance with McDonnell Douglas Service 
Bulletin MD80-55-054, dated March 3, 1998.
    (1) Condition 1: If no corrosion is detected, no further action 
is required by this paragraph.
    (2) Condition 2: If any corrosion is detected that is within the 
limits specified in the Structural Repair Manual, prior to further 
flight, remove the corrosion in accordance with the service 
bulletin.
    (3) Condition 3: If any corrosion is detected that exceeds the 
limits specified in the

[[Page 15659]]

Structural Repair Manual, prior to further flight, replace the hinge 
plates with new parts, in accordance with the service bulletin.
    (b) Within 10 days after accomplishing the inspection required 
by paragraph (a) of this AD, or within 10 days after the effective 
date of this AD, whichever occurs later, 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) 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.
    (d) 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.
    (e) Except as provided by paragraph (b) of this AD, the actions 
shall be done in accordance with McDonnell Douglas Service Bulletin 
MD80-55-054, dated March 3, 1998. 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 
Boeing Commercial Aircraft Group, Long Beach 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.
    (f) This amendment becomes effective on May 6, 1999.

    Issued in Renton, Washington, on March 23, 1999.
Darrell M. Pederson,
 Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-7691 Filed 3-31-99; 8:45 am]
BILLING CODE 4910-13-U