[Federal Register Volume 64, Number 194 (Thursday, October 7, 1999)]
[Rules and Regulations]
[Pages 54518-54520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25764]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-267-AD; Amendment 39-11349; AD 99-21-06]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-81, -82, -
83, and -87 Series Airplanes (MD-81, -82, -83, and -87), and Model MD-
88 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to all McDonnell Douglas Model DC-9-81, -82, -83, and 
-87 series airplanes (MD-81, -82, -83, and -87), and Model MD-88 
airplanes, that currently requires visual or eddy current inspections 
to detect cracks of the actuator cylinder support brackets of the slat 
drive mechanism assembly, and replacement of any cracked brackets. This 
amendment continues to require repetitive eddy current inspection, adds 
an inspection requirement, and expands the area of inspection. This 
amendment also provides terminating action for the repetitive 
inspections. This amendment is prompted by reports indicating that 
additional cracking was found outside the original inspection area. The 
actions specified by this AD are intended to prevent inadvertent slat 
retraction in flight.

DATES: Effective November 12, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of November 12, 1999.
    The incorporation by reference of McDonnell Douglas MD-80 Alert 
Service Bulletin A27-322, dated August 22, 1991, was approved 
previously by the Director of the Federal Register as of October 30, 
1991 (56 FR 51645, October 15, 1991).

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

[[Page 54519]]

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) by superseding AD 91-21-11, 
amendment 39-8058 (56 FR 51645, October 15, 1991), which is applicable 
to all McDonnell Douglas Model DC-9-81, -82, -83, and -87 Series 
Airplanes (MD-81, -82, -83, and -87), and Model MD-88 airplanes, was 
published in the Federal Register on July 21, 1999 (64 FR 39097). The 
action proposed to continue to require eddy current inspections to 
detect cracks of the actuator cylinder support brackets of the slat 
drive mechanism assembly, and replacement of any cracked brackets. That 
action also proposed to add an inspection requirement, and expand the 
area of inspection. That action also proposed to provide terminating 
action for the repetitive inspections.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the single comment received.
    The commenter supports the proposed rule.

Conclusion

    After careful review of the available data, including the comment 
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 1,180 airplanes of the affected design in 
the worldwide fleet. The FAA estimates that 787 airplanes of U.S. 
registry will be affected by this AD.
    The inspections that are currently required by AD 91-21-11 take 
approximately 3 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact of the currently required actions on U.S. operators is estimated 
to be $141,660, or $180 per airplane, per inspection cycle.
    The one-time visual inspection that is required by this AD will 
take approximately 1 work hour per airplane to accomplish, at an 
average labor rate of $60 per work hour. Based on these figures, the 
cost impact of the requirements of this AD on U.S. operators is 
estimated to be $47,220, or $60 per airplane.
    The inspections of the expanded area that are required by this AD 
will take approximately 2 work hours per airplane to accomplish, at an 
average labor rate of $60 per work hour. Based on these figures, the 
cost impact of the requirements of this AD on U.S. operators is 
estimated to be $94,440, or $120 per airplane, per inspection cycle.
    The cost impact figures discussed above are 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.
    Should an operator be required or elect to accomplish the 
terminating modification that is provided by this AD action, it will 
take between 130 and 162 work hours per airplane to accomplish, at an 
average labor rate of $60 per work hour. Required parts will cost 
$22,574 per airplane. Based on these figures, the cost impact of the 
optional terminating modification, is estimated to be between $30,374 
and $32,294 per airplane.

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 removing amendment 39-8058 (56 FR 
51645, October 15, 1991), and by adding a new airworthiness directive 
(AD), amendment 39-11349, to read as follows:

99-21-06  Mcdonnell Douglas: Amendment 39-11349. Docket 98-NM-267-
AD. Supersedes AD 91-21-11, Amendment 39-8058.

    Applicability: All Model DC-9-81, -82, -83, and -87 series 
airplanes (MD-81, -82, -83, and -87); and Model MD-88 airplanes; 
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 (h)(1) 
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 inadvertent slat retraction in flight, accomplish the 
following:

Restatement of Certain Requirements of AD 91-21-11, Amendment 39-8058

    (a) Prior to the accumulation of 10,000 total landings or within 
30 days after October 30, 1991 (the effective date of AD 91-21-11), 
whichever occurs later, perform a visual or eddy current inspection 
to detect cracks of the actuator cylinder support brackets of the 
slat drive mechanism assembly, part numbers 5938886--(any 
configuration) and 5938887--(any configuration), in accordance with 
the instructions in McDonnell Douglas MD-80 Alert Service Bulletin 
A27-322, dated August 22, 1991 (hereinafter referred to as ``A27-
322'').

[[Page 54520]]

    (b) If no crack is found during the inspection required by 
paragraph (a) of this AD, repeat the inspection at the following 
intervals:
    (1) If the immediately preceding inspection was accomplished 
using visual means, conduct the next inspection within 1,000 
landings.
    (2) If the immediately preceding inspection was accomplished 
using eddy current means, conduct the next inspection within 3,000 
landings.
    (c) If any crack is found during any inspection required by 
paragraph (a) or (b) of this AD, prior to further flight, remove and 
replace the slat drive mechanism with a new part, part numbers 
5938887--(any configuration) and 5938886--(any configuration), in 
accordance with A27-322.

New Requirements of This AD

Initial and Repetitive Inspections

    (d) Perform visual and/or eddy current inspections, as 
applicable, to detect cracks of the actuator cylinder support 
brackets of the slat drive mechanism assembly, in accordance with 
McDonnell Douglas Alert Service Bulletin MD80-27A322, Revision 03, 
dated August 4, 1998, at the time specified in paragraph (d)(1), 
(d)(2), or (d)(3), as applicable, of this AD.
    (1) For airplanes on which no inspection has been performed in 
accordance with AD 91-21-11: Perform both visual and eddy current 
inspections prior to the accumulation of 10,000 total landings or 
within 30 days after the effective date of this AD, whichever occurs 
later.
    (2) For airplanes on which the immediately preceding inspection 
was performed using visual means in accordance with AD 91-21-11, 
accomplish the requirements of paragraphs (d)(2)(i) and (d)(2)(ii) 
of this AD.
    (i) Within 1,000 landings after the immediately preceding visual 
inspection, perform a visual inspection; and
    (ii) Within 6 months after the last visual inspection required 
by paragraph (d)(2)(i) of this AD, perform an eddy current 
inspection.
    (3) For airplanes on which the immediately preceding inspection 
was performed using eddy current means in accordance with AD 91-21-
11: Perform an eddy current inspection within 3,000 landings after 
the last eddy current inspection.
    (e) If no crack is found during any inspection required by 
paragraph (d) of this AD, repeat the eddy current inspection 
thereafter at intervals not to exceed 3,000 landings until the 
actions specified in paragraph (g) of this AD are accomplished for 
both actuator cylinder support brackets of the slat drive mechanism 
assembly.

Corrective/Terminating Action

    (f) If any cracking is found during any inspection required by 
paragraph (d) or (e) of this AD, prior to further flight, modify the 
actuator cylinder support bracket of the slat drive mechanism 
assembly (Option 1 or 2 for Group 1 or 2 airplanes, as applicable) 
in accordance with McDonnell Douglas Service Bulletin MD80-27-322, 
Revision 02, dated February 11, 1998, as specified in paragraph 
(f)(1) or (f)(2), as applicable, of this AD.
    (1) For airplanes identified as Group 1 in the service bulletin: 
Accomplish the actions as identified in the service bulletin as 
Group 1 Option 1 or Group 1 Option 2.
    (2) For airplanes identified as Group 2 in the service bulletin: 
Accomplish the actions as identified in the service bulletin as 
Group 2 Option 1 or Group 2 Option 2.
    (g) Accomplishment of the modification of the actuator cylinder 
support bracket specified in paragraph (f) of this AD constitutes 
terminating action for the repetitive inspections required by this 
AD, provided that both actuator cylinder support brackets are 
modified.

Alternative Methods of Compliance

    (h)(1) 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 Aircraft Certification 
Office (ACO), FAA, Transport Airplane Directorate. 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.
    (2) Alternative methods of compliance, approved previously in 
accordance with AD 91-21-11, amendment 39-8058, are approved as 
alternative methods of compliance for this AD.

    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.

Special Flight Permits

    (i) 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.

Incorporation by Reference

    (j) The actions shall be done in accordance with McDonnell 
Douglas MD-80 Alert Service Bulletin A27-322, dated August 22, 1991; 
McDonnell Douglas Service Bulletin MD80-27-322, Revision 02, dated 
February 11, 1998; or McDonnell Douglas Alert Service Bulletin MD80-
27A322, Revision 03, dated August 4, 1998; as applicable.
    (1) The incorporation by reference of McDonnell Douglas Alert 
Service Bulletin MD80-27A322, Revision 03, dated August 4, 1998; and 
McDonnell Douglas Service Bulletin MD80-27-322, Revision 02, dated 
February 11, 1998, is approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) The incorporation by reference of McDonnell Douglas MD-80 
Alert Service Bulletin A27-322, dated August 22, 1991, was approved 
previously by the Director of the Federal Register as of October 30, 
1991 (56 FR 51645, October 15, 1991).
    (3) 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.
    (k) This amendment becomes effective on November 12, 1999.

    Issued in Renton, Washington, on September 28, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-25764 Filed 10-6-99; 8:45 am]
BILLING CODE 4910-13-U