[Federal Register Volume 69, Number 66 (Tuesday, April 6, 2004)]
[Rules and Regulations]
[Pages 17909-17911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7297]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-60-AD; Amendment 39-13558; AD 2004-07-14]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-15, DC-9-
31, and DC-9-32 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-9-15, DC-9-31, and DC-
9-32 airplanes, that requires repetitive visual and x-ray inspections 
to detect cracks of the upper and lower corners and upper center of the 
door cutout of the aft pressure bulkhead; corrective actions, if 
necessary; and follow-on actions. For certain airplanes, this AD also 
requires modification of the ventral aft pressure bulkhead. This action 
is necessary to detect and correct fatigue cracks in the corners and 
upper center of the door cutout of the aft pressure bulkhead, 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 May 11, 2004.
    The incorporation by reference of a certain publication, as listed 
in the regulations, is approved by the Director of the Federal Register 
as of May 11, 2004.
    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 May 14, 2002 (67 FR 16987, April 9, 2002).

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) to include an airworthiness 
directive (AD) that is applicable to certain McDonnell Douglas Model 
DC-9-15, DC-9-31, and DC-9-32 airplanes was published in the Federal 
Register on December 3, 2003 (68 FR 67618). That action proposed to 
require repetitive visual and x-ray inspections to detect cracks of the 
upper and lower corners and upper center of the door cutout of the aft 
pressure bulkhead; corrective actions, if necessary; and follow-on 
actions. For certain airplanes, that action proposed to require 
modification of the ventral aft pressure bulkhead.

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 13 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 7 airplanes of U.S. registry 
will be affected by this AD, that it will take approximately 5 work 
hours per airplane to accomplish the required inspections, and that the 
average labor rate is $65 per work hour. Based on these figures, the 
cost impact of the AD on U.S. operators is estimated to be $2,275, or 
$325 per airplane.
    For certain airplanes, it will take approximately between 21 and 26 
work hours per airplane depending on the airplane configuration to 
accomplish the modification specified in McDonnell Douglas DC-9 Service 
Bulletin 53-165, Revision 3, dated May 3, 1989, at an average labor 
rate of $65 per work hour. Required parts will cost approximately 
between $3,470 and $11,831 per airplane, depending on the airplane 
configuration. Based on these figures, the cost impact of this 
modification on U.S. operators is estimated to be between $4,835, or 
$13,521 per airplane.
    For certain airplanes, it will take approximately 9 work hours per 
airplane to accomplish the modification specified in McDonnell Douglas 
DC-9 Service Bulletin 53-157, Revision 1, dated January 7, 1985, at an 
average labor rate of $65 per work hour. Based on these figures, the 
cost impact of this modification on U.S. operators is estimated to be 
$585 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.

[[Page 17910]]

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 adding the following new airworthiness 
directive:

2004-07-14 McDonnell Douglas: Amendment 39-13558. Docket 2003-NM-60-
AD.

    Applicability: Model DC-9-15, DC-9-31, and DC-9-32 airplanes, 
manufacturer's fuselage numbers 0030, 0094, 0220, 0221, 0863, 0900, 
0901, 0913, 0914, 0918, 0923, 0926, and 0930; certificated in any 
category; equipped with a floor level hinged (ventral) door of the 
aft pressure bulkhead; as listed in McDonnell Douglas Service 
Bulletin DC9-53-137, Revision 09, dated January 30, 2003; except for 
those airplanes on which the modification required by paragraph (d) 
or (e) of AD 96-10-11, amendment 39-9618, or paragraph K. of AD 85-
01-02 R1, amendment 39-5241, has been done.
    Compliance: Required as indicated, unless accomplished 
previously.
    To detect and correct fatigue cracks in the corners and upper 
center of the door cutout of the aft pressure bulkhead, which could 
result in rapid decompression of the fuselage and consequent reduced 
structural integrity of the airplane, accomplish the following:

Visual and X-Ray Inspection

    (a) For airplanes on which the modification has not been 
accomplished per paragraph (i) of this AD: Except as provided by 
paragraph (j) of this AD, prior to the accumulation of 15,000 total 
landings, or within 4,000 landings after the effective date of this 
AD, whichever occurs later, do a visual inspection and an x-ray 
inspection to detect cracks of the upper and lower corners and upper 
center of the door cutout of the aft pressure bulkhead, per the 
Accomplishment Instructions of McDonnell Douglas Service Bulletin 
DC9-53-137, Revision 09, dated January 30, 2003.

No Crack Detected: Repetitive Inspections

    (b) If no crack is detected during any inspection required by 
paragraph (a) of this AD, do the action specified in either 
paragraph (b)(1) or (b)(2) of this AD per the Accomplishment 
Instructions of McDonnell Douglas Service Bulletin DC9-53-137, 
Revision 09, dated January 30, 2003, as applicable.
    (1) If interim preventive repairs have been performed per the 
service bulletin; AD 85-01-02 R1, or AD 96-10-11: Do a visual 
inspection and an eddy current inspection at the times specified in 
the service bulletin. Repeat the applicable repetitive inspections 
thereafter at intervals not to exceed the times specified in the 
service bulletin, until accomplishment of the action required by 
paragraph (d) or (i) of this AD.
    (2) If interim preventive repairs have not been performed per 
the service bulletin, do either paragraph (b)(2)(i) or (b)(2)(ii) of 
this AD:
    (i) Before further flight, install an interim preventive repair 
identified in Conditions I through XLIII inclusive, excluding 
Conditions XXI, XXXVII, and XXXVIII (not used at this time), per the 
service bulletin. At the times specified in the service bulletin, do 
a visual inspection and an eddy current inspection. At intervals not 
to exceed the times specified in the service bulletin, repeat the 
visual and eddy current inspections until accomplishment of the 
action specified in paragraph (d) or (i) of this AD; or
    (ii) At intervals not to exceed the times specified in the 
service bulletin, repeat the visual inspection and x-ray inspection 
required by paragraph (a) of this AD, until accomplishment of the 
action specified in paragraph (d) or (i) of this AD.

Any Crack Detected: Corrective Actions and Repetitive Inspections

    (c) If any crack is detected during any inspection required by 
paragraph (a) or (b) of this AD, do the actions specified in 
paragraphs (c)(1) and (c)(2) of this AD per the Accomplishment 
Instructions of McDonnell Douglas Service Bulletin DC9-53-137, 
Revision 09, dated January 30, 2003.
    (1) Before further flight, do the applicable corrective actions 
(i.e., modification of the bulkhead; trim forward facing flange; 
stop drill ends of cracks; install repair kit; replacement of 
cracked part with new parts; and install additional doublers) 
identified in Conditions I through XLIII inclusive, excluding 
Conditions XXI, XXXVII, and XXXVIII (not used at this time), of the 
Accomplishment Instructions of the service bulletin; and
    (2) At the times specified in the Accomplishment Instructions of 
the service bulletin, do the applicable repetitive inspections, 
until accomplishment of the action specified in paragraph (d) or (i) 
of this AD.

Concurrent Requirements

    (d) Except as provided by paragraph (j) of this AD, modify the 
ventral aft pressure bulkhead structure by accomplishing all actions 
specified in the Accomplishment Instructions of McDonnell Douglas 
DC-9 Service Bulletin 53-165, Revision 3, dated May 3, 1989, per the 
service bulletin; at the applicable time specified in paragraph 
(d)(1), (d)(2), or (d)(3) of this AD.
    (1) For airplanes on which the bulkhead modification specified 
in McDonnell Douglas DC-9 Service Bulletin 53-139, dated September 
26, 1980; or Revision 1, dated April 30, 1981; has been done, except 
as provided by paragraph (d)(3) of this AD: Modify within 15,000 
landings after accomplishment of the bulkhead modification, or 
within 4,000 landings after the effective date of this AD, whichever 
occurs later. Accomplishment of this modification constitutes 
terminating action for the repetitive inspection requirements of 
paragraphs (b) and (c)(2) of this AD.
    (2) For airplanes on which the production equivalent of the 
modification specified in paragraph (d)(1) of this AD has been done 
before delivery, except as provided by paragraph (d)(3) of this AD: 
Modify before the accumulation of 15,000 total landings, or within 
4,000 landings after the effective date of this AD, whichever occurs 
later. Accomplishment of this modification constitutes terminating 
action for the repetitive inspection requirements of paragraphs (b) 
and (c)(2) of this AD.
    (3) For airplanes listed in McDonnell Douglas DC-9 Service 
Bulletin 53-165, Revision 3, dated May 3, 1989, that are specified 
in paragraph (f) of this AD: Modify in conjunction with the 
requirements of paragraph (f) of this AD, or within 18 months after 
accomplishment of the requirements of paragraph (f) of this AD.
    (e) Modification before the effective date of this AD per 
McDonnell Douglas DC-9 Service Bulletin 53-165, dated January 31, 
1983; Revision 1, dated February 20, 1984; or Revision 2, dated 
August 29, 1986; is considered acceptable for compliance with the 
requirements of paragraph (d) of this AD.

Modification: Ventral Aft Pressure Bulkhead

    (f) For Model DC-9-30 and ``50 series airplanes, and C-9 
airplanes, as listed in McDonnell Douglas DC-9 Service Bulletin 53-
157, Revision 1, dated January 7, 1985: Except as provided by 
paragraph (j) of this AD, within 18 months after the effective date 
of this AD, modify the ventral aft pressure bulkhead per the service 
bulletin.
    (g) Modification before the effective date of this AD per 
McDonnell Douglas DC-9 Service Bulletin 53-157, dated August 11, 
1981, is considered acceptable for compliance with the requirements 
of paragraph (f) of this AD.

Compliance With AD 85-01-02 R1

    (h) Accomplishment of the visual and x-ray inspections required 
by paragraph (a) of this AD constitutes terminating action for the 
repetitive inspection requirements of AD 85-01-02 R1.

Terminating Modification

    (i) Accomplishment of the modification (reference McDonnell 
Douglas DC-9 Service Bulletin 53-166) required by paragraph (d) or 
(e) of AD 96-10-11 (which references ``DC-9/MD-80 Aging Aircraft 
Service Action Requirements Document'' (SARD), McDonnell Douglas 
Report No. MDC K1572, Revision A, dated June 1, 1990; or Revision B, 
dated January 15, 1993; as the appropriate source of service 
information for accomplishing the modification) terminates the 
repetitive inspection requirements of paragraphs (b) and (c) of this 
AD.

Exception to Inspections and Modifications

    (j) As of the effective date of this AD, the inspections and 
modifications required by this AD do not need to be done during any 
period that the airplane is operated without cabin pressurization 
and a placard is

[[Page 17911]]

installed in the cockpit in full view of the pilot that states the 
following:
    ``OPERATION WITH CABIN PRESSURIZATION IS PROHIBITED.''

Actions Accomplished Per Previous Issue of Service Bulletin

    (k) Inspections, corrective actions, and follow-on actions 
accomplished before the effective date of this AD per McDonnell 
Douglas Service Bulletin DC9-53-137, Revision 07, dated February 6, 
2001; or McDonnell Douglas Service Bulletin DC9-53-137, Revision 08, 
dated November 22, 2002; are considered acceptable for compliance 
with the corresponding action specified in this AD.

Credit for AD 2002-07-06, Amendment 39-12700

    (l) Accomplishment of the actions specified in AD 2002-07-06 is 
acceptable for compliance with the requirements of this AD.

Submission of Information to Manufacturer Not Required

    (m) Although McDonnell Douglas Service Bulletin DC9-53-137, 
Revision 09, dated January 30, 2003, specifies to submit certain 
information to the manufacturer, this AD does not include such a 
requirement.

Alternative Methods of Compliance

    (n)(1) In accordance with 14 CFR 39.19, the Manager, Los Angeles 
Aircraft Certification Office (ACO), FAA, is authorized to approve 
alternative methods of compliance for this AD.
    (2) AMOCs approved previously in accordance with AD 85-01-02 R1, 
amendment 39-4978; or AD 96-10-11, amendment 39-9618; are approved 
as AMOCs for paragraph (a) or (c) of this AD, as appropriate.
    (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 Engineering Representative (DER) who has been 
authorized by the Manager, Los Angeles ACO, to make such findings.

Incorporation by Reference

    (o) Unless otherwise specified in this AD, the actions shall be 
done in accordance with McDonnell Douglas Service Bulletin DC9-53-
137, Revision 09, dated January 30, 2003; McDonnell Douglas DC-9 
Service Bulletin 53-165, Revision 3, dated May 3, 1989; and 
McDonnell Douglas DC-9 Service Bulletin 53-157, Revision 1, dated 
January 7, 1985; as applicable.
    (1) The incorporation by reference of McDonnell Douglas Service 
Bulletin DC9-53-137, Revision 09, dated January 30, 2003, 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 
Service Bulletin 53-165, Revision 3, dated May 3, 1989; and 
McDonnell Douglas DC-9 Service Bulletin 53-157, Revision 1, dated 
January 7, 1985; was approved previously by the Director of the 
Federal Register as of May 14, 2002 (67 FR 16987, April 9, 2002).
    (3) 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

    (p) This amendment becomes effective on May 11, 2004.

    Issued in Renton, Washington, on March 25, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-7297 Filed 4-5-04; 8:45 am]
BILLING CODE 4910-13-P