[Federal Register Volume 69, Number 19 (Thursday, January 29, 2004)]
[Proposed Rules]
[Pages 4259-4261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1912]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-345-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-14, DC-9-
15, and DC-9-15F Airplanes; and Model DC-9-20, DC-9-30, DC-9-40, and 
DC-9-50 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain McDonnell Douglas Model 
DC-9-14, DC-9-15, and DC-9-15F airplanes; and Model DC-9-20, DC-9-30, 
DC-9-40, and DC-9-50 series airplanes. This proposal would require, 
among other actions, performing repetitive inspections for cracking of 
the counterbore of the two lower mounting holes and the lower forward 
edge of the outboard idler hinge fitting of the left and right wing 
flap at station Xw=333.148, and replacing the flap idler hinge fitting 
with a new or serviceable part. This action is necessary to prevent 
failure of the outboard idler hinge fitting of the left and right wing 
flap at station Xw=333.148 due to fatigue cracking, which could result 
in a deflected flap that may cause asymmetric lift and consequent 
reduced controllability and structural integrity of the airplane. This 
action is intended to address the identified unsafe condition.

DATES: Comments must be received by March 15, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-345-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. 2002-NM-345-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must

[[Page 4260]]

be formatted in Microsoft Word 97 or 2000 or ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Boeing Commercial Airplanes, 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 FAA, Transport Airplane Directorate, 1601 Lind Avenue, 
SW., Renton, Washington; or at the FAA, Los Angeles Aircraft 
Certification Office, 3960 Paramount Boulevard, Lakewood, California.

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:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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 above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    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 proposed 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 proposed 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 summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NM-345-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2002-NM-345-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received a report from the manufacturer indicating that 
it is necessary to repetitively inspect for cracking of the outboard 
idler hinge fitting of the left and right wing flap at station 
Xw=333.148 on certain McDonnell Douglas Model DC-9-14, DC-9-15, and DC-
9-15F airplanes; and Model DC-9-20, DC-9-30, DC-9-40, and DC-9-50 
series airplanes. The original safe life limit (SLL) of the flap idler 
hinge fitting was 50,000 landing cycles. The SLL was increased to 
80,500 landing cycles and was incorporated in the Safe Life Limit 
Report, MDC-J0005. When the increase was made, an inspection 
requirement was established to ensure that a fatigue crack in the flap 
idler hinge fitting would not remain undetected. However, the 
inspection was never implemented. This condition, if not corrected, 
could result in failure of the outboard idler hinge fitting of the left 
and right wing flap at station Xw=333.148 due to fatigue cracking, 
which could result in a deflected flap that may cause asymmetric lift 
and consequent reduced controllability and structural integrity of the 
airplane.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Service Bulletin DC9-57-
225, dated December 10, 2002, which describes the following procedures:
    1. Performing repetitive high frequency eddy current inspections 
for cracking of the counterbore of the two lower mounting holes and the 
lower forward edge of the outboard idler hinge fitting of the left and 
right wing flap at station Xw=333.148; and
    2. Replacing the flap idler hinge fitting with a new part.
    Accomplishment of the actions specified in the service bulletin is 
intended to adequately address the identified unsafe condition.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other products of this same type design, the 
proposed AD would require accomplishment of the actions specified in 
the service bulletin described previously, except as described below.

Differences Between Proposed Rule and Service Bulletin

    Although Boeing Service Bulletin DC9-57-225, dated December 10, 
2002, describes procedures for reporting inspection findings to the 
airplane manufacturer, this proposed AD would not require that action.

Cost Impact

    There are approximately 708 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 411 airplanes of U.S. registry 
would be affected by this proposed AD, that it would take approximately 
2 work hours per airplane to accomplish the proposed inspection, and 
that the average labor rate is $65 per work hour. Based on these 
figures, the cost impact of the proposed inspection on U.S. operators 
is estimated to be $53,430, or $130 per airplane, per inspection cycle.
    The FAA estimates that it would take approximately 2 work hours per 
fitting to accomplish the proposed replacement, and that the average 
labor rate is $65 per work hour. The cost of required parts would be 
between $1,894 and $4,439 per fitting. Based on these figures, the cost 
impact of the proposed replacement per fitting on U.S. operators is 
estimated to be between $831,864 and $1,877,859, or between $2,024 and 
$4,569 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the proposed requirements 
of this AD action, and that no operator would accomplish those actions 
in the future if this proposed 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 proposed herein would 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 proposal

[[Page 4261]]

would not have federalism implications under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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:

McDonnell Douglas: Docket 2002-NM-345-AD.

    Applicability: Model 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-9-33F, DC-9-34, DC-9-34F, 
DC-9-32F (C-9A, C-9B), DC-9-41, and DC-9-51 airplanes; as listed in 
Boeing Service Bulletin DC9-57-225, dated December 10, 2002; 
certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of the outboard idler hinge fitting of the 
left and right wing flap at station Xw=333.148 due to fatigue 
cracking, which could result in a deflected flap that may cause 
asymmetric lift and consequent reduced controllability and 
structural integrity of the airplane, accomplish the following:

Inspections

    (a) Prior to the accumulation of 40,000 total landing cycles on 
the outboard idler hinge fitting of the left and right wing flap at 
station Xw=333.148, or within 8,000 landing cycles on the fitting 
after the effective date of this AD, whichever occurs later: Do high 
frequency eddy current (HFEC) inspections for cracking of the 
counterbore of the two lower mounting holes and the lower forward 
edge of the flap idler hinge fitting at station Xw=333.148, per the 
Accomplishment Instructions of Boeing Service Bulletin DC9-57-225, 
dated December 10, 2002. Although the service bulletin specifies to 
report inspection findings to the airplane manufacturer, this AD 
does not include such a requirement.

Condition 1: No Crack Is Found

    (b) If no crack is found during any inspection required by 
paragraph (a) of this AD, prior to further flight, install a new 
nut, plain washer, and pre-load indicating (PLI) washer per the 
Accomplishment Instructions of Boeing Service Bulletin DC9-57-225, 
dated December 10, 2002. Repeat the inspections required by 
paragraph (a) of this AD thereafter at intervals not to exceed 1,000 
landings on the fitting until the replacement required by paragraph 
(e) of this AD is done.

Condition 2: Crack Is Found

    (c) If any crack is found during any inspection required by this 
AD: Before further flight, replace the cracked flap idler hinge 
fitting with a new or serviceable fitting having a part number 
identified under the ``New Part Number'' column of the applicable 
table shown in paragraph 2.C.1. of the Material Information section 
of Boeing Service Bulletin DC9-57-225, dated December 10, 2002. Do 
the replacement per the Accomplishment Instructions of the service 
bulletin.

Reinstatement of Inspections

    (d) Prior to the accumulation of 40,000 total landing cycles on 
any new or serviceable fitting, do the HFEC inspections required by 
paragraph (a) of this AD. Repeat the HFEC inspections thereafter at 
intervals not to exceed 1,000 landing cycles on the fitting until 
the replacement required by paragraph (e) of this AD is done.

Replacement

    (e) Prior to the accumulation of 80,500 total landing cycles on 
the flap idler hinge fitting, replace the fitting with a new or 
serviceable fitting having a part number identified under the ``New 
Part Number'' column of the applicable table shown in paragraph 
2.C.1. of the Material Information section of Boeing Service 
Bulletin DC9-57-225, dated December 10, 2002. Do the replacement per 
the Accomplishment Instructions of the service bulletin. Repeat the 
replacement thereafter at intervals not to exceed 80,500 total 
landing cycles on the fitting.

Alternative Methods of Compliance

    (f) In accordance with 14 CFR 39.19, the Manager, Los Angeles 
Aircraft Certification Office (ACO), FAA, is authorized to approve 
alternative methods of compliance (AMOCs) for this AD.

    Issued in Renton, Washington, on January 20, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-1912 Filed 1-28-04; 8:45 am]
BILLING CODE 4910-13-P