[Federal Register Volume 67, Number 206 (Thursday, October 24, 2002)]
[Rules and Regulations]
[Pages 65303-65306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26664]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-57-AD; Amendment 39-12915; AD 2002-21-09]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-10, -20, -
30, -40, and -50 Series 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-9-10, -20, -30, -40, 
and -50 series airplanes. This AD requires, among other actions, 
various

[[Page 65304]]

inspections to detect cracks of the cockpit enclosure window sill, and 
follow-on and corrective actions, as applicable. The actions specified 
by this AD are intended to prevent fatigue cracking of the internal 
doublers and frame structure of the fuselage skin of the cockpit 
enclosure window sill, which could result in rapid decompression of the 
fuselage and consequent reduced structural integrity of the airplane. 
This action is intended to address the identified unsafe condition.

DATES: Effective November 29, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of November 29, 2002.

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; 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: Technical Information: 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.
    Other Information: Judy Golder, Airworthiness Directive Technical 
Editor/Writer; telephone (425) 687-4241, fax (425) 227-1232. Questions 
or comments may also be sent via the Internet using the following 
address: [email protected]. Questions or comments sent via the 
Internet as attached electronic files must be formatted in Microsoft 
Word 97 for Windows or ASCII text.

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-9-10, -20, -30, -40, and -50 series airplanes, was published as a 
supplemental notice of proposed rulemaking (NPRM) in the Federal 
Register on July 17, 2002 (67 FR 46932). That action proposed to 
require, among other actions, various inspections to detect cracks of 
the cockpit enclosure window sill, and follow-on and corrective 
actions, as applicable.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the supplemental NPRM or the FAA's determination of the cost to the 
public.

Explanation of Change to Proposed Rule

    The FAA has corrected paragraph (j)(2) of this final rule to state 
that an alternative method of compliance (AMOC) that provides an 
acceptable level of safety may be used for any repair required by this 
AD, if it is approved by a Boeing Designated Engineering Representative 
(DER) authorized by the FAA to make such findings, and to clarify that 
a DER is not permitted to approve an inspection method.

Conclusion

    After careful review of the available data, the FAA has determined 
that air safety and the public interest require the adoption of the 
rule with the changes previously described. The FAA has determined that 
these changes 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 of the affected design in the worldwide fleet. The FAA 
estimates that 572 airplanes of U.S. registry will be affected by this 
AD, that it will take approximately 4 work hours per airplane to 
accomplish the initial inspections, and that the average labor rate is 
$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 $137,280, 
or $240 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. 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 adding the following new 
airworthiness directive:

2002-21-09 McDonnell Douglas: Amendment 39-12915. Docket 2000-NM-57-
AD.

    Applicability: Model DC-9-11, DC-9-12, DC-9-13, DC-9-14, DC-9-
15, DC-9-15F, DC-9-21, DC-9-31, DC-9-32, DC-9-32 (VC-9C), DC-9-32F, 
DC-9-32F (C-9A, C-9B), DC-9-33F, DC-9-34, DC-9-34F, DC-9-41, and DC-
9-51 airplanes; listed in Boeing Service Bulletin DC9-53-290, 
Revision 01, dated March 15, 2002; certificated in any category.

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

[[Page 65305]]

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 (j)(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 fatigue cracking of the internal doublers and frame 
structure of the fuselage skin of the cockpit enclosure window sill, 
which could result in rapid decompression of the fuselage and 
consequent reduced structural integrity of the airplane, accomplish 
the following:

    Note 2: Where there are differences between the AD and the 
referenced service bulletin, the AD prevails.

Initial Inspections

    (a) Before the accumulation of 40,000 total landings, or within 
5,000 landings after the effective date of this AD, whichever occurs 
later, do the actions specified in paragraphs (a)(1) and (a)(2) of 
this AD per the Accomplishment Instructions of Boeing Service 
Bulletin DC9-53-290, Revision 01, dated March 15, 2002.
    (1) Do a general visual inspection to determine if any existing 
repair of the internal doublers and frame structure of the fuselage 
skin of the cockpit enclosure window sill has been accomplished 
before the effective date of this AD.

    Note 3: For the purposes of this AD, a general visual inspection 
is defined as: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made from within 
touching distance unless otherwise specified. A mirror may be 
necessary to enhance visual access to all exposed surfaces in the 
inspection area. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or droplight and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

    (2) Do inspections to detect cracks or loose or missing 
fasteners of the cockpit enclosure window sill per paragraphs 3.B.1. 
through 3.B.6. of the Accomplishment Instructions of the service 
bulletin. The inspections include a general visual inspection to 
detect loose or missing fasteners or cracks of the upper nose skins 
of the cockpit; a high frequency eddy current (HFEC) inspection for 
cracking of Zees; and detailed, borescope, and HFEC inspections for 
cracking of the skins and frames.

    Note 4: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc. may be used. Surface cleaning and elaborate 
access procedures may be required.''


    Note 5: If any cracked Zee is found during any inspection per 
paragraph (a)(2) of this AD, refer to paragraph (h) of this AD.

Condition 1 (No Previous Repair and No Crack)

    (b) If no previous repair and no crack is found during the 
inspections required by paragraphs (a)(1) and (a)(2) of this AD: Do 
the actions specified in paragraph (b)(1) or (b)(2) of this AD, at 
the times specified in those paragraphs.

Condition 1, Option 1: Repetitive Inspections

    (1) Condition 1, Option 1: Repeat the inspections required by 
paragraph (a)(2) of this AD every 5,000 landings, until paragraph 
(b)(2) of this AD is done. If any crack is found, before further 
flight, determine the applicable Condition as specified in the 
Accomplishment Instructions of Boeing Service Bulletin DC9-53-290, 
Revision 01, dated March 15, 2002, and do the applicable actions 
required by this AD.

Condition 1, Option 2: Permanent Repair

    (2) Condition 1, Option 2: Do paragraphs (b)(2)(i) and 
(b)(2)(ii) of this AD.
    (i) Before further flight, do all actions associated with the 
permanent repair (including detailed and eddy current inspections of 
various parts; and repair, replacement, or rework of those parts, as 
applicable) per Condition 1, Option 2 of the Accomplishment 
Instructions of Boeing Service Bulletin DC9-53-290, Revision 01, 
dated March 15, 2002. This terminates the repetitive inspections per 
paragraph (b)(1) of this AD.

    Note 6: Boeing Service Bulletin DC9-53-290, Revision 01, dated 
March 15, 2002, refers to Boeing Service Rework Drawing SR09530268, 
Revision D, dated November 29, 2001, as an additional source of 
service information for identifying parts to be inspected, and 
repairing, replacing, or reworking those parts.

    (ii) Within 40,000 landings after doing the permanent repair 
required by paragraph (b)(2)(i) of this AD, repeat the inspections 
specified in paragraph (a)(2) of this AD to detect any crack of the 
completed repair, per the Accomplishment Instructions of the service 
bulletin. If no crack is found, repeat the inspections specified in 
paragraph (a)(2) of this AD every 5,000 landings. If any crack is 
found, do paragraph (g) of this AD.

Condition 2 (Any Crack Within Flyable Limits for Temporary Repair)

    (c) If any crack is found during the initial inspection required 
by paragraph (a)(2) of this AD or during any repetitive inspection 
required by paragraph (b)(1) of this AD, and that crack is WITHIN 
the flyable limits specified in Condition 2 of the Accomplishment 
Instructions of Boeing Service Bulletin DC9-53-290, Revision 01, 
dated March 15, 2002: Do the actions specified in paragraph (c)(1) 
OR (c)(2) of this AD.

    Note 7: Boeing Service Bulletin DC9-53-290, Revision 01, dated 
March 15, 2002, refers to Boeing Service Rework Drawing SR09530268, 
Revision D, dated November 29, 2001, as the source for determining 
flyable limits.

Condition 2, Option 1: Temporary Repair and Repetitive Inspections

    (1) Condition 2, Option 1: Do paragraphs (c)(1)(i), (c)(1)(ii), 
(c)(1)(iii), and (c)(1)(iv) of this AD, at the times specified in 
those paragraphs.
    (i) Before further flight, do the temporary repair (including 
installation of doublers) per Condition 2, Option 1, of the 
Accomplishment Instructions of the service bulletin.
    (ii) Within 2,000 landings after doing the temporary repair, do 
a general visual inspection to detect cracks of the skins and 
external doublers. If NO crack is found that is outside the flyable 
limits specified in Condition 2 of the Accomplishment Instructions 
of the service bulletin, repeat the inspection every 2,000 landings 
until paragraph (c)(2)(i) of this AD is done.
    (iii) Within 3,500 landings after doing the temporary repair, do 
borescope and HFEC inspections to detect cracks of the internal 
structure. If NO crack is found that is outside the flyable limits 
specified in Condition 2 of the Accomplishment Instructions of the 
service bulletin, repeat the inspection every 3,500 landings until 
paragraph (c)(2)(i) of this AD is done.

    Note 8: If any crack is found during any inspection per 
paragraph (c)(1)(ii) or (c)(1)(iii) of this AD, refer to paragraph 
(f) of this AD.

    (iv) Except as provided by paragraph (f) of this AD, within 
8,000 landings after doing the temporary repair, do the permanent 
repair specified in paragraph (c)(2) of this AD.

Condition 2, Option 2: Permanent Repair

    (2) Condition 2, Option 2: Do paragraphs (c)(2)(i) and 
(c)(2)(ii) of this AD at the times specified in those paragraphs.
    (i) Before further flight, do all actions associated with the 
permanent repair (including detailed and eddy current inspections of 
various parts; and repair, replacement, or rework of those parts, as 
applicable) per Condition 2, Option 2, of the Accomplishment 
Instructions of the service bulletin. This terminates the repetitive 
inspections required by paragraphs (c)(1)(ii) and (c)(1)(iii) of 
this AD.
    (ii) Within 40,000 landings after doing the permanent repair 
required by paragraph (c)(2)(i) of this AD, repeat the inspections 
specified in paragraph (a)(2) of this AD to detect any crack of the 
completed repair, per the Accomplishment Instructions of the service 
bulletin. If no crack and no crack progression is found, repeat the 
inspections specified in paragraph (a)(2) of this AD every 5,000 
landings. If any crack or crack progression is found, do paragraph 
(g) of this AD.

[[Page 65306]]

Condition 3 (Existing Temporary Repairs Per Certain Service 
Information)

    (d) If any temporary repair is found during any inspection 
required by paragraph (a)(1) of this AD and that repair WAS 
accomplished per the service information identified in Condition 3 
of the Accomplishment Instructions of Boeing Service Bulletin DC9-
53-290, Revision 01, dated March 15, 2002: Do the actions specified 
in paragraph (d)(1) or (d)(2) of this AD. Also, if the Station 
Y=83.550 frames have been repaired before the effective date of this 
AD per DC-9/MD-80 Structural Repair Manual, Section 53-03, Figure 
34, or Boeing Service Rework Drawing S509530127, do a one-time 
inspection of the frames for crack growth emanating beyond the 
repair angles. If any crack progression is found, before further 
flight, replace the frames with new frames per the Accomplishment 
Instructions of the service bulletin.

Condition 3, Option 1: Repetitive Inspections

    (1) Condition 3, Option 1: Do paragraphs (d)(1)(i), (d)(1)(ii), 
and (d)(1)(iii) of this AD at the times specified in those 
paragraphs.
    (i) Within 2,000 landings after doing the temporary repair, or 
before further flight after accomplishment of the initial 
inspections in paragraph (a) of this AD, whichever is later, do a 
general visual inspection to detect cracks of the skins and external 
doublers. If NO crack is found that is outside the flyable limits 
specified in Condition 2 of the Accomplishment Instructions of the 
service bulletin, repeat the inspection every 2,000 landings until 
paragraph (d)(2)(i) of this AD is done.

    Note 9: If any crack outside the flyable limits is found during 
any inspection per paragraph (d)(1)(i) or (d)(1)(ii) of this AD, 
refer to paragraph (f) of this AD.

    (ii) Within 3,500 landings after doing the temporary repair, or 
before further flight after accomplishment of the initial 
inspections in paragraph (a) of this AD, whichever is later, do 
borescope and HFEC inspections to detect cracks of the internal 
structure. If NO crack is found that is outside the flyable limits 
specified in Condition 2 of the Accomplishment Instructions of the 
service bulletin, repeat the inspection every 3,500 landings until 
paragraph (d)(2)(i) of this AD is done.
    (iii) Except as provided by paragraph (f) of this AD, within 
8,000 landings after doing the temporary repair, or before further 
flight if more than 8,000 landings have been accumulated since the 
temporary repair, do the permanent repair specified in paragraph 
(d)(2)(i) of this AD.

Condition 3, Option 2: Permanent Repair

    (2) Condition 3, Option 2: Do paragraphs (d)(2)(i) and 
(d)(2)(ii) of this AD at the times specified in those paragraphs.
    (i) Before further flight, do all actions associated with the 
permanent repair (including detailed and eddy current inspections of 
various parts; and repair, replacement, or rework of those parts, as 
applicable) per Condition 3, Option 2 of the Accomplishment 
Instructions of the service bulletin. This terminates the repetitive 
inspections required by paragraphs (d)(1)(i) and (d)(1)(ii) of this 
AD.
    (ii) Within 40,000 landings after doing the permanent repair 
required by paragraph (d)(2)(i) of this AD, repeat the inspections 
specified in paragraph (a)(2) of this AD to detect any crack of the 
completed repair, per the Accomplishment Instructions of the service 
bulletin. If no crack and no crack progression is found: Repeat the 
inspections specified in paragraph (a)(2) of this AD every 5,000 
landings. If any crack or crack progression is found, do paragraph 
(g) of this AD.

Condition 4 (Existing Repairs Per Other Service Information)

    (e) If any repair is found during any inspection required by 
paragraph (a)(1) of this AD, and the repair was not accomplished per 
the service information identified in Condition 4 of the 
Accomplishment Instructions of Boeing Service Bulletin DC9-53-290, 
Revision 01, dated March 15, 2002: Before further flight, repair per 
a method approved by the Manager, Los Angeles Aircraft Certification 
Office (ACO), FAA.

Condition 5 (Crack Outside Flyable Limits for Temporary Repair)

    (f) If any crack is found during any inspection required by 
paragraph (a)(2), (b)(1), (c)(1)(ii), (c)(1)(iii), (d)(1)(i), or 
(d)(1)(ii) of this AD; AND that crack is OUTSIDE the limits 
specified in Condition 2 of the Accomplishment Instructions of 
Boeing Service Bulletin DC9-53-290, Revision 01, dated March 15, 
2002; AND a permanent repair was NOT previously accomplished per 
this AD: Do paragraphs (f)(1) and (f)(2) of this AD at the times 
specified in those paragraphs.
    (1) Before further flight, do all actions associated with the 
permanent repair (including detailed and eddy current inspections of 
various parts; and repair, replacement, or rework of those parts, as 
applicable) per Condition 5 of the Accomplishment Instructions of 
the service bulletin.
    (2) Within 40,000 landings after doing the permanent repair 
required by paragraph (f)(1) of this AD, repeat the inspections 
specified in paragraph (a)(2) of this AD to detect any crack of the 
completed repair, per the Accomplishment Instructions of the service 
bulletin. If no crack and no crack progression is found, repeat the 
inspections specified in paragraph (a)(2) of this AD every 5,000 
landings. If any crack or crack progression is found, do paragraph 
(g) of this AD.

Corrective Actions: Cracking Following Permanent Repair

    (g) If any crack or crack progression is found during any 
inspection required by paragraph (b)(2)(ii), (c)(2)(ii), (d)(2)(ii), 
or (f)(2) of this AD: Before further flight, repair per a method 
approved by the Manager, Los Angeles ACO.

Corrective Action for Cracked Zee

    (h) If any cracked Zee is found during any inspection performed 
per paragraph (a)(2) of this AD: Before further flight, replace the 
cracked Zee with a new part per the Accomplishment Instructions of 
Boeing Service Bulletin DC9-53-290, Revision 01, dated March 15, 
2002.

Previously Accomplished Inspections and Repairs

    (i) Inspections and repairs accomplished before the effective 
date of this AD per the Accomplishment Instructions of Boeing 
Service Bulletin DC9-53-290, dated December 14, 1999, are acceptable 
for compliance with the corresponding actions in this AD.

Alternative Methods of Compliance

    (j)(1) An alternative method of compliance (AMOC) 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.
    (2) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD, if it is approved by a 
Boeing Company Designated Engineering Representative (DER) who has 
been authorized by the Manager, Los Angeles ACO, to make such 
findings.

    Note 10: 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

    (k) Special flight permits may be issued in accordance with 
Sec. Sec.  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

    (l) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Boeing Service Bulletin DC9-53-290, Revision 
01, dated March 15, 2002. 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: Data and Service 
Management, Dept. C1-L5A (D800-0024). Copies may be inspected at the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; 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

    (m) This amendment becomes effective on November 29, 2002.

    Issued in Renton, Washington, on October 11, 2002.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-26664 Filed 10-23-02; 8:45 am]
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