[Federal Register Volume 65, Number 217 (Wednesday, November 8, 2000)]
[Rules and Regulations]
[Pages 66925-66927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28234]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-04-AD; Amendment 39-11961; AD 2000-22-14]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-10, -20, -
30, -40, and -50 Series Airplanes and C-9 (Military) Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to certain McDonnell Douglas Model DC-9-10, -20, -30, 
-40, and -50 series airplanes, that currently requires repetitive 
radiographic and ultrasonic or eddy current inspections, and 
modification of the upper cap of the front spar of the left and right 
engine pylons, if necessary. This amendment requires new, improved x-
ray and eddy current inspections to detect cracks of the upper cap of 
the front spar of the left and right engine pylons, and repetitive 
inspections or corrective actions, if necessary. This amendment also 
requires modification of the subject area, which constitutes 
terminating action for the repetitive inspection requirements. This 
amendment is prompted by additional reports of fatigue cracking in the 
subject area of these airplanes. The actions specified by this AD are 
intended to prevent failure of the upper cap of the front spar of the 
engine pylons due to fatigue cracking, and consequent reduced 
structural integrity of the airplane.

DATES: Effective December 13, 2000.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of December 13, 2000.

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, 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: Wahib Mina, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; 
telephone (562) 627-5324; fax (562) 627-5210.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding AD 77-14-19, 
amendment 39-2971, which is applicable to certain McDonnell Douglas 
Model DC-9-10, -20, -30, -40, and -50 series airplanes and C-9 
(military) airplanes, was published in the Federal Register on July 5, 
2000 (65 FR 41385). The action proposed to continue to require 
radiographic and ultrasonic or eddy current inspections. The action 
also proposed to require new, improved x-ray and eddy current 
inspections to detect cracks of the upper cap of the front spar of the 
left and right engine pylons, and repetitive inspections or corrective 
actions, if necessary.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Compliance Time

    One commenter has no objection to the proposed AD. However, the 
commenter requests that the compliance time of 3,600 flight hours 
specified in paragraph (b) of the proposed AD be extended to at least 
3,860 flight hours. The commenter states that such an extension would 
allow operators to accomplish the required inspections during regularly 
scheduled maintenance and to avoid special routing of airplanes to a 
maintenance facility.
    The FAA does not concur. In developing an appropriate compliance

[[Page 66926]]

time for this action, the FAA considered the safety implications and 
normal maintenance schedules for timely accomplishment of the 
inspections. In consideration of these items, as well as the additional 
reports of fatigue cracking in the subject area of the upper cap of the 
front spar of the left and right engine pylons, the FAA has determined 
that prior to the accumulation of 8,000 total flight hours, or within 
3,600 flight hours after the effective date of this AD, whichever 
occurs later, represents an appropriate interval of time allowable 
wherein the inspections can be accomplished during scheduled 
maintenance intervals for the majority of affected operators, and an 
acceptable level of safety can be maintained.

Delete Paragraph (f) of the Proposed AD

    One commenter states that paragraph (f) of the proposed AD is 
misleading, because it discusses the terminating action as it relates 
to AD 96-10-11, amendment 39-9618 (61 FR 24675, May 16, 1996), but does 
not address the repetitive inspections. Paragraph (g) of AD 96-10-11 
excludes the actions specified in McDonnell Douglas Service Bulletin 
54-30, Revision 4, dated March 25, 1991. Another commenter points out 
that the requirements related to McDonnell Douglas Service Bulletin 54-
30, Revision 4, of AD 96-10-11 have been superseded.
    From these comments, the FAA infers that the commenters are 
requesting that paragraph (f) of the proposed AD be deleted. The FAA 
concurs. The FAA has reviewed the requirements of AD 96-10-11 and 
determined that McDonnell Douglas Service Bulletin 54-30, Revision 4, 
dated March 25, 1991, is not required by that AD. Paragraph (a) of AD 
77-14-19, which is retained in this AD, references Douglas Service 
Bulletin 54-30, dated January 19, 1977, as the appropriate source of 
service information for accomplishment of the inspection requirements. 
Note 2 of this AD references later revisions of that service bulletin 
that are considered acceptable for compliance with the inspections 
required by paragraph (a) of this AD. Accomplishment of the 
requirements of paragraph (e) of this AD constitutes terminating action 
for the requirements of this AD. Therefore, the FAA finds that 
paragraph (f) of the proposed AD is not necessary. The FAA has revised 
the final rule accordingly.

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 809 Model DC-9-10, -20, -30, -40, and -50 
series airplanes and C-9 (military) airplanes of the affected design in 
the worldwide fleet. The FAA estimates that 572 airplanes of U.S. 
registry will be affected by this AD.
    The actions that are currently required by AD 77-14-19, and 
retained in this AD, take approximately 12 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 $411,840, or $720 per airplane, per 
inspection cycle.
    The new inspection that is required in this AD action will take 
approximately 12 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour.
    Based on these figures, the cost impact of this inspection required 
by this AD on U.S. operators is estimated to be $411,840, or $720 per 
airplane, per inspection cycle.
    The new modification that is required in this AD action will take 
approximately 110 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Required parts will cost approximately 
$30,496 per airplane. Based on these figures, the cost impact of the 
modification required by this AD on U.S. operators is estimated to be 
$21,218,912, or $37,096 per airplane.
    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. The cost impact figures discussed 
in AD rulemaking actions represent only the time necessary to perform 
the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations adopted herein will not have a substantial direct 
effect 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, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    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 39-2971, and by 
adding a new airworthiness directive (AD), amendment 39-11961, to read 
as follows:

2000-22-14 McDonnell Douglas: Amendment 39-11961. Docket 2000-NM-04-
AD. Supersedes AD 77-14-19, Amendment 39-2971.

    Applicability: Model DC-9-10, -20, -30, -40, and -50 series 
airplanes and C-9 (military) airplanes; as listed in McDonnell 
Douglas Service Bulletin DC9-54-030, Revision 06, dated November 11, 
1999; certificated in any category; except for those airplanes on 
which Special Change Notification 1269A, dated August 11, 1965, or 
Service Rework Drawing SR09540004, Change ``E,'' dated September 21, 
1992, Change ``F,'' dated April 19, 1995, Change ``G,'' dated May 6, 
1997, or Change ``H,'' dated July 12, 1997, has been accomplished.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise 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

[[Page 66927]]

of the requirements of this AD is affected, the owner/operator must 
request approval for an alternative method of compliance in 
accordance with paragraph (f) 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 front spar attachment and upper cap of 
the engine pylons due to fatigue cracking, and consequent reduced 
structural integrity of the airplane, accomplish the following:

Repetitive Inspections

    (a) Prior to the accumulation of 9,800 total flight hours, or 
within the next 1,800 flight hours after August 23, 1977 (the 
effective date of AD 77-14-19, amendment 39-2971), whichever occurs 
later, unless accomplished previously within the last 1,800 flight 
hours, accomplish the radiographic and ultrasonic or eddy current 
inspections in accordance with the instructions in Douglas Service 
Bulletin 54-30, dated January 19, 1977. Repeat the inspection 
thereafter at intervals not to exceed 3,600 flight hours. For those 
operators who have conducted only the radiographic inspections in 
accordance with Douglas All Operators Letter AOL 9-835, dated 
October 30, 1974, perform the ultrasonic or eddy current 
inspections, and thereafter, the radiographic and ultrasonic or eddy 
current inspection in accordance with the requirements of this AD, 
as applicable.

    Note 2: Inspections accomplished prior to the effective date of 
this AD in accordance with McDonnell Douglas Service Bulletin 54-30, 
Revision 1, dated June 29, 1977, Revision 2, dated October 27, 1978, 
Revision 3, dated April 30, 1986, or Revision 4, dated March 25, 
1991; or McDonnell Douglas Service Bulletin DC9-54-030, Revision 05, 
dated August 26, 1999, or Revision 06, dated November 11, 1999; are 
considered acceptable for compliance with the inspections required 
by paragraph (a) of this AD.

Initial Inspections and Follow-On/Corrective Action

    (b) For airplanes on which the modification specified in 
paragraph (e) of this AD has not been accomplished: Prior to the 
accumulation of 8,000 total flight hours or within 3,600 flight 
hours after the effective date of this AD, whichever occurs later, 
perform x-ray and eddy current inspections to detect cracks of the 
upper cap of the front spar of the left and right engine pylons, in 
accordance with McDonnell Douglas Service Bulletin DC9-54-030, 
Revision 06, dated November 11, 1999. Accomplishment of these 
inspections constitutes terminating action for the repetitive 
inspection requirements of paragraph (a) of this AD.

No Crack Detected: Repetitive Inspections

    (c) If no crack is detected during any inspection required by 
paragraph (a) or (b) of this AD, repeat the inspections thereafter 
at intervals not to exceed 3,600 flight hours until the modification 
required by paragraph (e) of this AD is accomplished.

Any Crack Detected: Modification

    (d) If any crack is detected during any inspection required by 
paragraph (a) or (b) of this AD, prior to further flight, accomplish 
the modification specified in paragraph (e) of this AD.

Terminating Modification

    (e) Except as provided by paragraph (d) of this AD, prior to the 
accumulation of 100,000 total landings, or within 6 months after the 
effective date of this AD, whichever occurs later, modify the upper 
cap of the front spar of the left and right engine pylons in 
accordance with McDonnell Douglas Service Bulletin DC9-54-030, 
Revision 06, dated November 11, 1999. Accomplishment of this 
modification constitutes terminating action for the requirements of 
this AD.

    Note 3: Accomplishment of the modification of the upper cap of 
the front spar of the left and right engine pylons prior to the 
effective date of this AD in accordance with Douglas Service 
Bulletin 54-30, Revision 4, dated March 25, 1991, or McDonnell 
Douglas Service Bulletin DC9-54-030, Revision 5, dated August 26, 
1999; is considered acceptable for compliance with the modification 
specified in paragraph (e) of this AD.

Alternative Methods of Compliance

    (f) 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. 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 4: 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

    (g) 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

    (h) The actions specified in paragraphs (b) and (e) of this AD 
shall be done in accordance with McDonnell Douglas Service Bulletin 
DC9-54-030, Revision 06, dated November 11, 1999. 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, 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.

Effective Date

    (i) This amendment becomes effective on December 13, 2000.

    Issued in Renton, Washington, on October 30, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-28234 Filed 11-7-00; 8:45 am]
BILLING CODE 4910-13-P