[Federal Register Volume 69, Number 62 (Wednesday, March 31, 2004)]
[Rules and Regulations]
[Pages 16788-16791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6953]



[[Page 16788]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-255-AD; Amendment 39-13549; AD 2004-07-05]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-10, DC-9-
20, DC-9-30, DC-9-40, and DC-9-50 Series 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, DC-9-20, 
DC-9-30, DC-9-40, and DC-9-50 series airplanes, and C-9 (military) 
airplanes, that currently requires repetitive ultrasonic or magnetic 
particle inspections to detect cracking of the engine pylon aft upper 
spar straps (caps); and if necessary, replacement of the strap with a 
new strap, or modification of the engine pylon rear spar straps, which 
constitutes terminating action for the repetitive inspections. This 
amendment requires new, improved repetitive ultrasonic inspections, and 
corrective actions if necessary. This amendment also requires, among 
other items, a terminating action for the repetitive inspection 
requirements. The actions specified by this AD are intended to detect 
and correct fatigue cracking, which could result in major damage to the 
adjacent structure of the pylon aft upper spar cap, and consequent 
reduced structural integrity of the airplane. This action is intended 
to address the identified unsafe condition.

DATES: Effective May 5, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 5, 2004.

ADDRESSES: The service information referenced in this AD 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 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 78-01-16, 
amendment 39-3117 (43 FR 1300, January 9, 1978), which is applicable to 
certain McDonnell Douglas Model DC-9-10, DC-9-20, DC-9-30, DC-9-40, and 
DC-9-50 series airplanes, was published as a supplemental notice of 
proposed rulemaking (NPRM) in the Federal Register on December 22, 2003 
(68 FR 71040). That action proposed to continue to require repetitive 
ultrasonic or magnetic particle inspections to detect cracking of the 
engine pylon aft upper spar straps (caps); and if necessary, 
replacement of the strap with a new strap, or modification of the 
engine pylon rear spar straps, which constitutes terminating action for 
the repetitive inspections. The action also proposed to require new, 
improved repetitive ultrasonic inspections, and corrective actions if 
necessary. The action also proposed to require, among other items, a 
terminating action for the repetitive inspection requirements and to 
add airplanes to the applicability.

Comments

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

Conclusion

    The FAA has determined that air safety and the public interest 
require the adoption of the rule as proposed.

Cost Impact

    There are approximately 577 Model DC-9-10, DC-9-20, DC-9-30, DC-9-
40, and DC-9-50 series airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 350 airplanes of U.S. registry 
will be affected by this AD.
    The ultrasonic inspection that is currently required by AD 78-01-
16, and retained in this AD, takes approximately 3 work hours per 
airplane to accomplish, at an average labor rate of $65 per work hour. 
Based on these figures, the cost impact of this currently required 
action on U.S. operators is estimated to be $195 per airplane, per 
inspection cycle.
    The new ultrasonic inspection that is required by this AD will take 
approximately 4 work hours per airplane to accomplish, at an average 
labor rate of $65 per work hour. Based on these figures, the cost 
impact of the new ultrasonic inspection required by this AD on U.S. 
operators is estimated to be $260 per airplane, per inspection cycle.
    The new modification of the rear spar upper strap (cap) that is 
required by this AD will take between approximately 349 and 412 work 
hours to accomplish (depending on the configuration of the affected 
airplane), at an average labor rate of $65 per work hour. The cost of 
required parts will be between approximately $1,865 and $7,947 per 
airplane. Based on these figures, the cost impact of the new 
modification required by this AD on U.S. operators is estimated to be 
between $24,550 and $34,727 per airplane.
    For certain airplanes, the repetitive visual inspections of the 
upper rear spar (cap) for bearing migration and correct pin staking 
will take approximately 20 work hours per airplane to accomplish, at an 
average labor rate of $65 per work hour. Based on these figures, the 
cost impact of that inspection required by this AD on U.S. operators is 
estimated to be $1,300 per airplane, per inspection cycle.
    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.
    Should an operator elect to accomplish the optional magnetic 
particle inspection that will be provided by this AD action, it will 
take approximately 7 work hours to accomplish it, at an average labor 
rate of $65 per work hour. Based on these figures, the cost impact of 
this action on U.S. operators will be $455 per airplane, per inspection 
cycle.

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,

[[Page 16789]]

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

0
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

0
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]

0
2. Section 39.13 is amended by removing amendment 39-3117 (43 FR 1300, 
January 9, 1978), and by adding a new airworthiness directive (AD), 
amendment 39-13549, to read as follows:

2004-07-05 McDonnell Douglas: Amendment 39-13549. Docket 99-NM-255-
AD. Supersedes AD 78-01-16, Amendment 39-3117.

    Applicability: Model DC-9-10, DC-9-20, DC-9-30, DC-9-40, and DC-
9-50 series airplanes, as listed in Boeing Service Bulletin DC9-54-
031, Revision 05, dated April 25, 2003; certificated in any 
category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To detect and correct fatigue cracking, which could result in 
major damage to the adjacent structure of the pylon aft spar upper 
cap, and consequent reduced structural integrity of the airplane; 
accomplish the following:

Restatement of Certain Requirements of AD 78-01-16, Amendment 39-3117

Compliance Times

    (a) For airplanes that have accumulated 35,000 or more total 
landings as of February 13, 1978 (the effective date of AD 78-01-
16): Within 600 landings after February 13, 1978, unless already 
accomplished within the last 1,800 landings, and thereafter at 
intervals not to exceed 2,400 landings, accomplish the actions 
specified in paragraph (f) of this AD.
    (b) For airplanes that have accumulated between 30,000 and 
34,999 total landings inclusive, as of February 13, 1978: Within 900 
landings after February 13, 1978, unless already accomplished within 
the last 1,500 landings, and thereafter at intervals not to exceed 
2,400 landings, accomplish the actions specified in paragraph (f) of 
this AD.
    (c) For airplanes that have accumulated between 25,000 and 
29,999 total landings inclusive, as of February 13, 1978: Within 
1,200 landings after February 13, 1978, unless already accomplished 
within the last 1,200 landings, and thereafter at intervals not to 
exceed 2,400 landings, accomplish the actions specified in paragraph 
(f) of this AD.
    (d) For airplanes that have accumulated between 15,000 and 
24,999 total landings inclusive, as of February 13, 1978: Within 
2,000 landings after February 13, 1978, unless already accomplished 
within the last 400 landings, and thereafter at intervals not to 
exceed 2,400 landings, accomplish the actions specified in paragraph 
(f) of this AD.
    (e) For airplanes that have accumulated less than 15,000 total 
landings as of February 13, 1978: Within 2,000 landings after the 
accumulation of 15,000 total landings, and thereafter at intervals 
not to exceed 2,400 landings, accomplish the actions specified in 
paragraph (f) of this AD.

Repetitive Inspections and Corrective Actions

    (f) For airplanes having fuselage numbers 1 through 851 
inclusive: At the times specified in paragraphs (a) through (e) of 
this AD, except as provided by paragraph (l) of this AD, perform an 
ultrasonic inspection of the engine pylon aft upper spar straps 
(caps), part number (P/N) 9958154-5/-6 or P/N 9958154-37/-38, to 
detect cracking; in accordance with paragraph 2.B of McDonnell 
Douglas DC-9 Alert Service Bulletin A54-31, Revision 1, dated 
December 22, 1976; or in accordance with a method approved by the 
Manager, Los Angeles Aircraft Certification Office (ACO), FAA.
    (1) If there is evidence of cracking, the magnetic particle 
inspection specified in paragraph 2.C of the service bulletin may be 
used to confirm the evidence of cracking.
    (2) If any cracking is detected, prior to further flight, 
accomplish either paragraph (f)(2)(i) or (f)(2)(ii) of this AD in 
accordance with the service bulletin.
    (i) Replace the strap with a new strap, P/N 9958154-5/-6 or P/N 
9958154-37/-38, and repeat the inspection thereafter at intervals 
not to exceed 15,000 landings. Or,
    (ii) Modify the engine pylon rear spar straps (caps) in 
accordance with McDonnell Douglas DC-9 Service Bulletin 54-31, dated 
August 24, 1976. Accomplishment of the modification constitutes 
terminating action for the repetitive inspection requirements 
specified only in paragraph (f)(2)(i) of this AD.

    Note 1: Modification of the engine pylon rear spar straps (caps) 
accomplished prior to the effective date of this AD in accordance 
with McDonnell Douglas DC-9 Alert Service Bulletin A54-31, Revision 
2, dated December 22, 1977; Revision 3, dated June 20, 1986; 
Revision 4, dated March 26, 1987; Revision 5, dated March 25, 1991; 
or Revision 6, dated November 23, 1992; is considered acceptable for 
compliance with the requirements of paragraph (f)(2)(ii) of this AD.


    Note 2: Ultrasonic or magnetic particle inspection of the engine 
pylon aft upper spar straps (caps) accomplished prior to the 
effective date of this AD in accordance with McDonnell Douglas DC-9 
Alert Service Bulletin A54-31, Revision 2, dated December 22, 1977; 
Revision 3, dated June 20, 1986; Revision 4, dated March 26, 1987; 
Revision 5, dated March 25, 1991; or Revision 6, dated November 23, 
1992; is considered acceptable for compliance with the inspection 
requirements of paragraph (f) of this AD, as applicable.

New Requirements of This AD

Ultrasonic Inspections

    (g) For airplanes on which the modification/replacement 
specified in paragraph (n) of this AD has not been accomplished, and 
on which the spar strap replacement specified in paragraph (f)(2)(i) 
of this AD has not been accomplished: Except as provided by 
paragraph (m) of this AD, perform an ultrasonic inspection of the 
engine pylon aft upper spar straps (caps) to detect cracking, in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin DC9-54A031, Revision 09, September 3, 2002; at the 
time specified in paragraph (g)(1), (g)(2), (g)(3), or (g)(4) of 
this AD, as applicable. Accomplishment of the ultrasonic inspection 
constitutes terminating action for the repetitive inspection 
requirements of paragraphs (a) through (f), including paragraph 
(f)(2)(i) of this AD.
    (1) For airplanes that have accumulated less than 25,000 total 
landings as of the effective date of this AD: After the accumulation 
of 15,000 total landings but before the accumulation of 25,000 total 
landings, or within 2,000 landings or 6 months after the effective 
date of this AD, whichever occurs latest.
    (2) For airplanes that have accumulated 25,000 to 29,999 total 
landings as of the effective date of this AD: Within 1,200 landings 
or 6 months after the effective date of this AD, whichever occurs 
later.
    (3) For airplanes that have accumulated 30,000 to 34,999 total 
landings as of the effective date of this AD: Within 900 landings or 
6 months after the effective date of this AD, whichever occurs 
later.
    (4) For airplanes that have accumulated 35,000 or more total 
landings as of the effective date of this AD: Within 600 landings or 
6 months after the effective date of this AD, whichever occurs 
later.
    (h) For airplanes on which the modification/replacement 
specified in paragraph (n) of this AD has not been

[[Page 16790]]

accomplished, and on which the spar strap replacement specified in 
paragraph (f)(2)(i) of this AD has been accomplished: Except as 
provided by paragraph (m) of this AD, perform an ultrasonic 
inspection of the engine pylon aft upper spar straps (caps) to 
detect cracking, in accordance with Boeing Alert Service Bulletin 
DC9-54A031, Revision 09, dated September 3, 2003; at the time 
specified in paragraph (h)(1), (h)(2), (h)(3), or (h)(4) of this AD, 
as applicable. Accomplishment of the ultrasonic inspection 
constitutes terminating action for the repetitive inspection 
requirements of paragraphs (a) through (f) of this AD.
    (1) For airplanes that have accumulated less than 25,000 total 
landings since installation of the new spar strap (cap): After the 
accumulation of 15,000 landings since installation of the new spar 
strap (cap) but before the accumulation of 25,000 landings since 
installation of the new spar strap (cap), or within 2,000 landings 
or 6 months after the effective date of this AD, whichever occurs 
latest.
    (2) For airplanes that have accumulated between 25,000 and 
29,999 landings since installation of the new spar strap (cap): 
Within 1,200 landings or 6 months after the effective date of this 
AD, whichever occurs later.
    (3) For airplanes that have accumulated between 30,000 and 
34,999 landings since installation of the new spar strap (cap): 
Within 900 landings or 6 months after the effective date of this AD, 
whichever occurs later.
    (4) For airplanes that have accumulated 35,000 or more landings 
since installation of the new spar strap (cap): Within 600 landings 
or 6 months after the effective date of this AD, whichever occurs 
later.

    Note 3: Ultrasonic or magnetic particle inspection of the engine 
pylon aft upper spar straps (caps) accomplished prior to the 
effective date of this AD per Boeing Alert Service Bulletin DC9-
54A031, Revision 07, dated August 26, 1999; or Revision 08, dated 
January 31, 2000; is considered acceptable for compliance with the 
requirements of paragraph (g) or (h) of this AD, as applicable.

If No Cracking Is Detected--Repetitive Inspections

    (i) If no cracking is detected during the ultrasonic inspection 
required by paragraph (g) or (h) of this AD, before further flight, 
reapply sealant that was removed to accomplish those inspections, 
per Boeing Alert Service Bulletin DC9-54A031, Revision 09, dated 
September 3, 2002. Thereafter, repeat the inspection specified in 
paragraph (g) or (h) of this AD, as applicable, at intervals not to 
exceed 2,400 landings until the modification of the rear spar upper 
strap (cap) specified in paragraph (n) of this AD has been 
accomplished.

If Cracking Is Suspected

    (j) If any evidence of cracking is suspected during any 
inspection required by paragraph (g) or (h) of this AD, before 
further flight, confirm the existence of cracking by accomplishing 
the actions specified in paragraph (m) of this AD.

If Cracking Is Detected

    (k) If any cracking is detected during any inspection required 
by paragraph (g) or (h) of this AD, before further flight, modify 
the rear spar upper strap (cap) in accordance with paragraph (n) of 
this AD. Accomplishment of the modification constitutes terminating 
action for the requirements of paragraphs (g) and (h) of this AD.

Inspection for Migration of Bearings

    (l) For airplanes identified as Group 12 airplanes in Boeing 
Service Bulletin DC9-54-031, Revision 05, dated April 25, 2003, on 
which the modification specified in paragraph (n) of this AD has not 
been accomplished: Perform a general visual inspection for migration 
of the bearings and the correct pin staking, per the service 
bulletin at the time specified in paragraph (g) or (h) of this AD, 
as applicable.

    Note 4: 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.''

    (1) If none of the bearings have migrated and the pin staking is 
correct, repeat the general visual inspection at intervals not to 
exceed 2,400 landings until the straps are modified per Boeing 
Service Bulletin DC9-54-031, Revision 05, dated April 25, 2003.
    (2) If any bearing has migrated or the pin staking is incorrect, 
before further flight, accomplish the modification specified in 
paragraph (n) of this AD. Accomplishment of that modification 
constitutes terminating action for the repetitive inspection 
requirements of this AD.

Acceptable Method of Compliance

    (m) At the times specified in the applicable paragraph of this 
AD, it is permissible to perform a magnetic particle inspection of 
the engine pylon aft upper spar strap (cap) for cracks in lieu of 
accomplishing the ultrasonic inspection required by paragraph (g) or 
(h) of this AD; in accordance with Boeing Alert Service Bulletin 
DC9-54A031, Revision 09, dated September 3, 2002.
    (1) If no cracking is detected, before further flight, replace 
the bearing on the spar strap (cap) with a new annular groove 
bearing, in accordance with the service bulletin. Thereafter, repeat 
the inspection specified in paragraph (g) or (h) of this AD, as 
applicable, at intervals not to exceed 2,400 landings until the 
modification of the rear spar upper strap (cap) specified in 
paragraph (n) of this AD has been accomplished.
    (2) If any cracking is detected, before further flight, 
accomplish the modification of the rear upper spar strap (cap) 
required by paragraph (n) of this AD.

Terminating Modification

    (n) For all airplanes: 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 rear spar upper strap (cap) 
in accordance with Boeing Service Bulletin DC9-54-031, Revision 05, 
dated April 25, 2003. Accomplishment of the modification described 
in Revision 05 of that service bulletin constitutes terminating 
action for the repetitive inspection requirements of this AD.

Compliance With Certain Other Airworthiness Directives

    (o) Accomplishment of the modification required by paragraph (n) 
of this AD constitutes compliance with the following:
    (1) The actions specified in McDonnell Douglas DC-9 Service 
Bulletin 54-27, Revision 4, dated April 2, 1990, that are required 
by AD 96-10-11, amendment 39-9618 (which references ``DC-9/MD80 
Aging Aircraft Service Action Requirements Document'' (SARD), 
McDonnell Douglas Report MDC K1572, Revision B, dated January 15, 
1993, as the appropriate source of service information for 
accomplishment of the modification); and,
    (2) The requirements of AD 72-09-01, amendment 39-2844 (which 
references McDonnell Douglas DC-9 Service Bulletin 54-31, dated 
August 24, 1976; and McDonnell Douglas DC-9 Service Bulletin 54-27, 
Revision 4, dated April 2, 1990; as appropriate sources of service 
information for accomplishment of the modification).

Alternative Methods of Compliance

    (p)(1) In accordance with 14 CFR 39.19, the Manager, Los Angeles 
(ACO), FAA, is authorized to approve alternative methods of 
compliance for this AD.
    (2) Alternative methods of compliance, approved previously in 
accordance with AD 78-01-06, amendment 39-3117, are approved as 
alternative methods of compliance with the corresponding provisions 
of this AD.
    (3) 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.

Incorporation by Reference

    (q) Unless otherwise specified in this AD, the actions shall be 
done in accordance with the applicable service bulletins listed in 
the following table.

[[Page 16791]]



                                     Table 1.--Applicable Service Bulletins
----------------------------------------------------------------------------------------------------------------
          Service bulletin                        Revision level                             Date
----------------------------------------------------------------------------------------------------------------
McDonnell Douglas DC-9 Service       Original...............................  August 24, 1976.
 Bulletin 54-31.
McDonnell Douglas DC-9 Alert         Revision 1.............................  December 22, 1976.
 Service Bulletin A54-31.
Boeing Alert Service Bulletin DC9-   Revision 09............................  September 3, 2002.
 54A031.
Boeing Service Bulletin DC9-54-031.  Revision 05............................  April 25, 2003.
----------------------------------------------------------------------------------------------------------------

    McDonnell Douglas DC-9 Alert Service Bulletin A54-31, Revision 
1, dated December 22, 1976, contains the following effective pages:

------------------------------------------------------------------------
                         Revision level shown on
        Page No.                   page             Date shown on page
------------------------------------------------------------------------
1......................  1......................  December 22, 1976.
2-13...................  Original...............  March 15, 1976
------------------------------------------------------------------------

    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 Airplanes, 
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; 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

    (r) This amendment becomes effective on May 5, 2004.

    Issued in Renton, Washington, on March 22, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-6953 Filed 3-30-04; 8:45 am]
BILLING CODE 4910-13-P