[Federal Register Volume 66, Number 239 (Wednesday, December 12, 2001)]
[Rules and Regulations]
[Pages 64109-64112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30203]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-206-AD; Amendment 39-12544; AD 2001-24-27]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-10, -20, -
30, -40, and -50 Series Airplanes; Model DC-9-81, -82, -83, and -87 
Series Airplanes; Model MD-88 Airplanes; and C-9 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; Model DC-9-81, -82, -83, and -87 series 
airplanes; Model MD-88 airplanes; and C-9 airplanes, that currently 
requires repetitive inspections to detect cracking of the rudder pedal 
adjuster hub assembly, and replacement of the assembly, if necessary. 
That AD also provides for an optional terminating action for the 
repetitive inspections. This amendment requires accomplishment of a new 
terminating action for the repetitive inspections. This amendment is 
prompted by that FAA's determination that further rulemaking is 
necessary. The actions specified by this AD are intended to

[[Page 64110]]

prevent loss of rudder pedal control and reduction of braking 
capability.

DATES: Effective January 16, 2002.
    The incorporation by reference of McDonnell Douglas Service 
Bulletin DC9-27-325R02, Revision 02, dated December 12, 1995, as listed 
in the regulations, is approved by the Director of the Federal Register 
as of January 16, 2002.
    The incorporation by reference of certain other publications, as 
listed in the regulations, was approved previously by the Director of 
the Federal Register as of January 22, 1993 (57 FR 60116, December 18, 
1992), and as of March 25, 1996 (61 FR 6922, February 23, 1996).

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: Data 
and Service Management, Dept. C1-L5A (D800-0024). 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; 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 96-02-05, 
amendment 39-9493 (61 FR 6922, February 23, 1996), which is applicable 
to certain McDonnell Douglas Model DC-9-10, -20, -30, -40, and -50 
series airplanes; Model DC-9-81, -82, -83, and -87 series airplanes; 
Model MD-88 airplanes; and C-9 airplanes, was published in the Federal 
Register on July 23, 2001 (66 FR 38200). The action proposed to 
continue to require repetitive inspections to detect cracking of the 
rudder pedal adjuster hub assembly, and replacement of the assembly, if 
necessary. The action also proposed to require accomplishment of a new 
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 comments received.

Requests To Withdraw the NPRM

    Two commenters request that the FAA withdraw the NPRM, since the 
inspections required by existing AD 96-02-05 provide an appropriate 
degree of safety assurance. One commenter states that there have been 
no loss of rudder pedal control incidents reported since the start of 
the inspections required by AD 96-02-05. The commenter further states 
that the loss of rudder pedal control by a flightcrew member is a 
temporary unsafe condition, since the other flightcrew member can 
immediately control the airplane with his/her rudder pedals. The 
commenter also states that of the 304 inspections it has performed on 
DC-9 rudder pedal adjuster hub assemblies since June 1992, only 2 
inspections have resulted in finding cracks. The commenter points out 
that a review of the FAA Service Difficulty Reports database reveals 
that no DC-9 rudder pedal control has been lost during flight or taxi 
because of a cracked rudder pedal adjuster hub assembly.
    One commenter provides the following two suggestions in lieu of 
withdrawing the NPRM:
    1. Remove the compliance time of ``Prior to the accumulation of 
15,000 total landings, or within 3,500 landings after the effective 
date of this AD'' in paragraph (c) of the Notice of Proposed Rulemaking 
(NPRM), so that the replacement and reidentification requirements are 
optional; or
    2. Revise the compliance time specified in paragraph (c) of the 
NPRM from 18 months to 3,500 landings.
    The other commenter also requests that, if further regulatory 
action is still deemed necessary, the NPRM specify ``more'' frequent 
inspections rather than mandate a component replacement. The commenter 
did not suggest what interval would suffice for ``more'' frequent 
inspections.
    The FAA does not agree with the commenters to withdraw the NPRM, 
remove the mandatory replacement requirement, or require ``more'' 
frequent inspections. As specified in the ``Background'' section of the 
NPRM, the FAA has determined that, based on the results of 
investigations described in the NPRM and recommendations of the Aging 
Transport Systems Rulemaking Advisory Committee (ATSRAC), corrective 
action is necessary to minimize the potential hazards associated with 
wire and mechanical flight control systems degradation and related 
causal factors (e.g., inadequate maintenance, contamination, improper 
repair, and mechanical damage).
    In addition, the FAA has determined that long-term continued 
operational safety will be better assured by modifications or design 
changes to remove the source of the problem, rather than by repetitive 
inspections. Long-term inspections may not be providing the degree of 
safety assurance necessary for the transport airplane fleet. This, 
coupled with a better understanding of the human factors associated 
with numerous repetitive inspections, has led the FAA to consider 
placing less emphasis on special procedures and more emphasis on design 
improvements. The replacement and reidentification required by 
paragraph (c) of this AD are consistent with these considerations.

Request To Revise the Heading for Paragraph (a) of the NPRM

    One commenter notes that the heading of paragraph (a) of the NPRM 
contains a typographical error. The NPRM reads, ``RESTATEMENT OF 
REQUIREMENTS OF AD 97-02-05,'' but the correct AD number is AD 96-02-
05. The FAA agrees and has revised the final rule to reflect this 
correction.

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 1,845 Model DC-9-10, -20, -30, -40, and -50 
series airplanes; Model DC-9-81, -82, -83, and -87 series airplanes; 
Model MD-88 airplanes; and C-9 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 1,086 airplanes of U.S. 
registry will be affected by this AD.
    The inspection that is currently required by AD 96-02-05 takes 
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 $195,480, or $180 per airplane, per inspection cycle.
    The new actions that are required by this new AD will take 
approximately 9 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Required parts will cost

[[Page 64111]]

approximately $4,314 per airplane. Based on these figures, the cost 
impact of the new requirements of this AD on U.S. operators is 
estimated to be $5,271,444, or $4,854 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 39-9493 (61 FR 
6922, February 23, 1992), and by adding a new airworthiness directive 
(AD), amendment 39-12544, to read as follows:

2001-24-27  McDonnell Douglas: Amendment 39-12544. Docket 2001-NM-
206-AD. Supersedes AD 96-02-05, Amendment 39-9493.

    Applicability: Model DC-9-10, -20, -30, -40, and -50 series 
airplanes; Model DC-9-81, -82, -83, and -87 series airplanes; Model 
MD-88 airplanes; and C-9 series airplanes; as listed in McDonnell 
Douglas Service Bulletin DC9-27-325R02, Revision 02, dated December 
12, 1995; 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 (d) 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 rudder pedals control and reduction of 
braking capability, accomplish the following:

Restatement of Requirements of
AD 96-02-05

Repetitive Inspections and Replacement, If Necessary

    (a) For airplanes listed in McDonnell Douglas DC-9 Alert Service 
Bulletin A27-325R02, Revision 1, dated February 3, 1992: Prior to 
the accumulation of 15,000 landings or within 270 days after January 
22, 1993 (the effective date of AD 92-27-07, amendment 39-8441), 
whichever occurs later, conduct a visual and eddy current inspection 
to detect cracks of the rudder pedals adjuster hub assembly, part 
number 4616066, in accordance with McDonnell Douglas DC-9 Alert 
Service Bulletin A27-325R02, Revision 1, dated February 3, 1992, or 
Revision 2, dated January 27, 1995.
    (1) If no cracks are detected as a result of the inspections 
required by this paragraph, repeat the inspections at intervals not 
to exceed 3,500 landings.
    (2) If cracks are detected as a result of the inspections 
required by this paragraph, prior to further flight, replace the 
rudder pedal adjuster hub assembly, part number 4616066, with a new 
assembly having the same part number, in accordance with McDonnell 
Douglas DC-9 Alert Service Bulletin A27-325R02, Revision 2, dated 
January 27, 1995. Thereafter, conduct visual and eddy current 
inspections of the replacement rudder pedals adjuster hub assembly 
in accordance with this paragraph.
    (b) For airplanes listed in McDonnell Douglas DC-9 Alert Service 
Bulletin A27-325R02, Revision 2, dated January 27, 1995, and not 
subject to paragraph (a) of this AD: Prior to the accumulation of 
15,000 landings or within 270 days after March 25, 1996 (the 
effective date of AD 96-02-05, amendment 39-9493), whichever occurs 
later, conduct a visual and eddy current inspection to detect cracks 
of the rudder pedals adjuster hub assembly, part number 4616066, in 
accordance with McDonnell Douglas DC-9 Alert Service Bulletin A27-
325R02, Revision 1, dated February 3, 1992, or Revision 2, dated 
January 27, 1995.
    (1) If no cracks are detected as a result of the inspections 
required by this paragraph, repeat the inspections at intervals not 
to exceed 3,500 landings.
    (2) If cracks are detected as a result of the inspections 
required by this paragraph, prior to further flight, replace the 
rudder pedals adjuster hub assembly, part number 4616066, with a new 
assembly having the same part number, in accordance with McDonnell 
Douglas DC-9 Alert Service Bulletin A27-325R02, Revision 2, dated 
January 27, 1995. Thereafter, conduct visual and eddy current 
inspections of the replacement rudder pedals adjuster hub assembly 
in accordance with this paragraph.

New Actions Required By This AD

Replacement and Reidentification

    (c) Prior to the accumulation of 15,000 total landings, or 
within 18 months after the effective date of this AD, whichever 
occurs later, do the actions specified in paragraphs (c)(1) and 
(c)(2) of this AD in accordance with the Accomplishment Instructions 
of McDonnell Douglas Service Bulletin DC9-27-325R02, Revision 02, 
dated December 12, 1995. Accomplishment of the these actions 
constitutes terminating action for the requirements of this AD.
    (1) Replace the existing magnesium casting hub assembly of the 
rudder pedal adjuster, part number (P/N) 4616066-3, and bearing, P/N 
AN201KP4A, in the rudder pedal mechanism between stations X=69.000 
and X=120.000 in the flight compartment with a new aluminum 
assembly, part number (P/N) 5965435-3, and new bearing, P/N MS27641-
4; and
    (2) Reidentify rudder pedal adjuster, P/N 5641294-501 or -503, 
as P/N 5641294-507.

    Note 2: Installation of the aluminum rudder pedal adjuster hub 
assembly per McDonnell Douglas Service Bulletin DC9-27-325R02, 
Revision 1, dated November 30, 1994, before the effective date of 
this AD, is considered acceptable for the requirements of paragraph 
(c) of this AD.

Alternative Methods of Compliance

    (d) 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

[[Page 64112]]

through an appropriate FAA Principal Maintenance Inspector, who may 
add comments and then send it to the Manager, Los Angeles ACO.

    Note 3: 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

    (e) 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

    (f) The actions shall be done in accordance with McDonnell 
Douglas DC-9 Alert Service Bulletin A27-325R02, Revision 1, dated 
February 3, 1992; McDonnell Douglas DC-9 Alert Service Bulletin A27-
325R, Revision 2, dated January 27, 1995; or McDonnell Douglas 
Service Bulletin DC9-27-325R02, Revision 02, dated December 12, 
1995; as applicable.
    (1) The incorporation by reference of McDonnell Douglas Service 
Bulletin DC9-27-325R02, Revision 02, dated December 12, 1995, 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 DC-9 
Alert Service Bulletin A27-325R02, Revision 2, dated January 27, 
1995, was approved previously by the Director of the Federal 
Register as of March 25, 1996 (61 FR 6922, February 23, 1996).
    (3) The incorporation by reference of McDonnell Douglas DC-9 
Alert Service Bulletin A27-325R02, Revision 1, dated February 3, 
1992, was approved previously by the Director of the Federal 
Register as of January 22, 1993 (57 FR 60116, December 18, 1992).
    (4) Copies may be obtained from Boeing Commercial Aircraft 
Group, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, 
California 90846, Attention: Data and Service Management, Dept. C1-
L5A (D800-0024). Copies may be inspected at the FAA, 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.

Effective Date

    (g) This amendment becomes effective on January 16, 2002.

    Issued in Renton, Washington, on November 28, 2001.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-30203 Filed 12-11-01; 8:45 am]
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