[Federal Register Volume 65, Number 220 (Tuesday, November 14, 2000)]
[Rules and Regulations]
[Pages 68067-68069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28480]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-344-AD; Amendment 39-11968; AD 2000-22-20]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to certain McDonnell Douglas Model DC-9-10, -9-20, -9-30, 
-9-40, and -9-50 series airplanes and C-9 (military) airplanes. This 
action requires, among other actions, measuring the diameter of the 
hole counterbore of the outboard idler hinge fitting of the left and 
right wing flap; performing repetitive high frequency eddy current 
inspections (HFEC) to detect cracks at the flap idler hinge fitting, if 
necessary; and replacing the flap idler hinge fitting with a new like 
part, if any crack is detected. This action is necessary to prevent 
failure of the outboard flap idler hinge fitting due to fatigue 
cracking, which could result in a deflected flap that may cause an 
asymmetric lift and consequent reduced controllability and structural 
integrity of the airplane. This action is intended to address the 
identified unsafe condition.

DATES: Effective November 29, 2000.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of November 29, 2000.
    Comments for inclusion in the Rules Docket must be received on or 
before January 16, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-344-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2000-NM-344-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    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 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

[[Page 68068]]

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; telephone 
(562) 627-5324; fax (562) 627-5210.

SUPPLEMENTARY INFORMATION: The FAA has received reports of a failed or 
cracked flap idler hinge fitting at the lower outboard stud location on 
certain McDonnell Douglas Model DC-9 series airplanes. Investigation 
revealed that these discrepancies were caused by fatigue cracking 
initiating at the lower outboard mounting hole with a 1\1/8\-inch 
diameter counterbore. Such fatigue cracking, if not corrected, could 
result in failure of the outboard flap idler hinge fitting. A failed 
outboard flap idler hinge fitting could result in a deflected flap, 
which may cause an asymmetric lift and consequent reduced 
controllability and structural integrity of the airplane.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Alert Service Bulletin 
DC9-57A218, including Appendix, dated September 20, 2000, which 
describes the following procedures:
    1. Measuring the diameter of the hole counterbore of the outboard 
idler hinge fitting of the left and right wing flap;
    2. Installing a new nut, plain washer, and PLI washer;
    3. For certain cases, performing repetitive high frequency eddy 
current inspections (HFEC) to detect cracks at the flap idler hinge 
fitting; and
    4. Replacing the flap idler hinge fitting with a new like part, if 
any crack is detected.
    Accomplishment of the actions specified in the service bulletin is 
intended to adequately address the identified unsafe condition.

Explanation of the Requirements of the Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other McDonnell Douglas Model DC-9-10, -9-20, -9-
30, -9-40, and -9-50 series airplanes and C-9 (military) airplanes 
series airplanes of the same type design, this AD is being issued to 
prevent failure of the outboard flap idler hinge fitting due to fatigue 
cracking, which could result in a deflected flap that may cause an 
asymmetric lift and consequent reduced controllability and structural 
integrity of the airplane. This AD requires accomplishment of the 
actions specified in the service bulletin described previously.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this 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 under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the AD is 
being requested.
     Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the 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 that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2000-NM-344-AD.'' The postcard will be date stamped 
and returned to the commenter.

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.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, 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:

2000-22-20  McDonnell Douglas: Amendment 39-11968. Docket 2000-NM-
344-AD.

    Applicability: Model DC-9-10, -9-20, -9-30, -9-40, and -9-50 
series airplanes and C-9 (military) airplanes, as listed in Boeing 
Alert Service Bulletin DC9-57A218, dated September 20, 2000; 
certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability

[[Page 68069]]

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 (b) 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 outboard flap idler hinge fitting due 
to fatigue cracking, which could result in a deflected flap that may 
cause an asymmetric lift and consequent reduced controllability and 
structural integrity of the airplane, accomplish the following:

Measurement

    (a) Before the accumulation of 24,000 total landings, or within 
90 days after the effective date of this AD, whichever occurs later, 
measure the diameter of the hole counterbore of the outboard idler 
hinge fitting of the left and right wing flap, per Boeing Alert 
Service Bulletin DC9-57A218, including Appendix, dated September 20, 
2000.

Acceptable Measurement of 0.875 (\7/8\) Inch: Installation of Certain 
Parts

    (1) If the diameter of any hole counterbore is 0.875 (\7/8\) 
inch, before further flight, install a new nut, plain washer, and 
PLI washer, per the service bulletin.

Unacceptable Measurement of 1.125 (1\1/8\) Inches: Repetitive 
Inspections and Corrective Actions, If Necessary

    (2) If the diameter of any hole counterbore is 1.125 (1\1/8\) 
inches, before further flight, do a high frequency eddy current 
inspection (HFEC) to detect cracks at the flap idler hinge fitting, 
per the service bulletin.
    (i) Condition 1. If no crack is detected, before further flight, 
install a new nut, plain washer, and PLI washer, per the service 
bulletin. Repeat the HFEC inspection every 1,000 landings until the 
replacement specified in paragraph (a)(2)(ii) has been done.
    (ii) Condition 2. If any crack is detected, before further 
flight, replace the flap idler hinge fitting with a new like part, 
per the service bulletin. Within 24,000 landings after 
accomplishment of the replacement, do the HFEC inspection required 
by paragraph (a)(2) of this AD.

Alternative Methods of Compliance

    (b) 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 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

    (c) 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

    (d) The actions shall be done in accordance with Boeing Alert 
Service Bulletin DC9-57A218, including Appendix, dated September 20, 
2000. 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

    (e) This amendment becomes effective on November 29, 2000.

    Issued in Renton, Washington, on November 1, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-28480 Filed 11-13-00; 8:45 am]
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