[Federal Register Volume 69, Number 130 (Thursday, July 8, 2004)]
[Proposed Rules]
[Pages 41204-41207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15519]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-18561; Directorate Identifier 2004-NM-13-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-15F 
Airplanes Modified In Accordance With Supplemental Type Certificate 
(STC) SA1993SO; and Model DC-9-10, DC-9-20, DC-9-30, DC-9-40, and DC-9-
50 Series Airplanes in All-Cargo Configuration

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for the airplanes listed above. For certain airplanes, this proposed AD 
would require inspecting to determine the airplane's cargo 
configuration, and reporting findings to the FAA. For airplanes 
modified in accordance with a certain STC or with a cargo configuration 
that deviates from the as-delivered configuration, this proposed AD 
would require revising certain manuals and manual supplements to 
specify certain cargo limitations. This proposed AD also would require 
relocating all cargo restraints on the main cargo deck. This proposed 
AD is prompted by reports that deficiencies related to the cargo 
loading system may exist on all McDonnell Douglas Model DC-9-15F 
airplanes modified in accordance with STC SA1993SO. We are proposing 
this AD to ensure that cargo in the main cabin is adequately restrained 
and to prevent failure of components of the cargo loading system, 
failure of the floor structure, or shifting of cargo. Any of these 
conditions could cause cargo to exceed load distribution limits or 
cause damage to the fuselage or control cables, which could result in 
reduced controllability of the airplane.

DATES: We must receive comments on this proposed AD by August 23, 2004.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     By fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street SW., room PL-401, on 
the plaza level of the Nassif Building, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Rany Azzi, Aerospace Engineer, 
Airframe Branch, ACE-117A, FAA, Atlanta Aircraft Certification Office, 
One Crown Center, 1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 
30349; telephone (770) 703-6083; fax (770) 703-6097.

SUPPLEMENTARY INFORMATION:

Docket Management System (DMS)

    The FAA has implemented new procedures for maintaining AD dockets 
electronically. As of May 17, 2004, new AD actions are posted on DMS 
and assigned a docket number. We track each action and assign a 
corresponding directorate identifier. The DMS AD docket number is in 
the form ``Docket No. FAA-2004-99999.'' The Transport Airplane 
Directorate identifier is in the form ``Directorate Identifier 2004-NM-
999-AD.'' Each DMS AD docket also lists the directorate identifier 
(``Old Docket Number'') as a cross-reference for searching purposes.

Comments Invited

    We invite you to submit any written relevant data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2004-18561; 
Directorate Identifier 2004-NM-13-AD'' in the subject line of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments submitted by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each

[[Page 41205]]

substantive verbal contact with FAA personnel concerning this proposed 
AD. Using the search function of that Web site, anyone can find and 
read the comments in any of our dockets, including the name of the 
individual who sent the comment (or signed the comment on behalf of an 
association, business, labor union, etc.). You can review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19477-78), or you can visit http://dms.dot.gov.
    We are reviewing the writing style we currently use in regulatory 
documents. We are interested in your comments on whether the style of 
this document is clear, and your suggestions to improve the clarity of 
our communications that affect you. You can get more information about 
plain language at http://www.faa.gov/language and http://www.plainlanguage.gov.

Examining the Docket

    You can examine the AD docket in person at the Docket Management 
Facility office between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Management Facility office 
(telephone (800) 647-5227) is located on the plaza level of the Nassif 
Building at the DOT street address stated in the ADDRESSES section. 
Comments will be available in the AD docket shortly after the DMS 
receives them.

Discussion

    We have received reports that deficiencies related to the cargo 
loading system may exist on all McDonnell Douglas Model DC-9-15F 
airplanes modified in accordance with supplemental type certificate 
(STC) SA1993SO. These deficiencies include inadequate design of the 
cargo loading system and loading procedures, and lack of identification 
of loading devices and restraining methods. This condition, if not 
corrected, could lead to cargo in the main cabin being inadequately 
restrained, and failure of components of the cargo loading system, 
failure of the floor structure, or shifting of cargo. These conditions 
could cause cargo to exceed load distribution limits, or cause damage 
to the fuselage or control cables, which could result in reduced 
controllability of the airplane.

Explanation of Applicability

    We have determined that any McDonnell Douglas Model DC-9-10, DC-9-
20, DC-9-30, DC-9-40, and DC-9-50 series airplanes in all-cargo 
configuration may have been modified from the configuration as 
delivered by the airplane manufacturer to have a cargo configuration 
with deficiencies similar to those on airplanes modified in accordance 
with STC SA1993SO. Therefore, these airplanes may be subject to the 
same unsafe condition identified on Model DC-9-15F airplanes modified 
in accordance with STC SA1993SO.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an 
unsafe condition that is likely to exist or develop on other airplanes 
of this same type design. Therefore, we are proposing this AD, which 
would require, for airplanes not modified in accordance with STC 
SA1993SO, performing an inspection to determine the airplane's cargo 
configuration, and reporting details of the cargo configuration to us 
through the cognizant FAA Principal Maintenance Inspector. For 
airplanes modified in accordance with STC SA1993SO and airplanes found 
to have a cargo configuration that deviates from the original 
configuration as delivered by McDonnell Douglas (including, but not 
limited to, missing vertical side restraints or revised fore/aft 
restraint configuration), this proposed AD would also require revising 
the airplane flight manual (AFM), AFM supplements, airplane weight and 
balance manual (AWBM), and AWBM supplements. These manual revisions 
would limit the allowable cargo load, specify the types of unit loading 
devices (ULDs) (containers and pallets) that may be used, and limit the 
center-of-gravity shift of each loaded ULD. For affected airplanes, 
this proposed AD also would require operating the airplane in 
accordance with these limitations and relocating all fore/aft cargo 
restraints on the main cargo deck to left and right buttock line 22.0 
and 44.5.
    We considered these factors when we developed the compliance time 
for the proposed actions:
     The degree of urgency associated with addressing the 
subject unsafe condition.
     The time that would be necessary to accomplish the 
proposed requirements.
    Based on these factors, we set a compliance time of 60 days (after 
the effective date of the AD) for completing the proposed inspection 
and report, and 90 days (after the effective date of the AD) for 
completing the manual revisions and relocation of cargo restraints, as 
applicable. Those compliance times represent an appropriate period of 
time for affected airplanes to continue to operate without compromising 
safety.

Costs of Compliance

    This proposed AD would affect about 3 airplanes of U.S. registry, 
out of 5 airplanes modified in accordance with STC SA1993SO worldwide. 
The following table provides the estimated costs for U.S. operators of 
these airplanes to comply with this proposed AD.

                       Estimated Costs: Airplanes Modified in Accordance With STC SA1993SO
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                                                      Average
                Action                  Work hours   labor rate          Parts            Cost per    Fleet cost
                                                      per hour                            airplane
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Manual changes.......................            1          $65  None                           $65         $195
Relocation of cargo restraints on               24           65  None                         1,560        4,680
 main deck.
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    This proposed AD would also affect about 27 airplanes of U.S. 
registry out of 28 airplanes worldwide that are in all-cargo 
configuration. The following table provides the estimated costs for 
U.S. operators of these airplanes to comply with this proposed AD.

[[Page 41206]]



                              Estimated Costs: Airplanes in All-Cargo Configuration
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                                                      Average
                Action                  Work hours   labor rate          Parts            Cost per    Fleet cost
                                                      per hour                            airplane
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Inspection/Reporting.................            8          $65  None                          $520      $14,040
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Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify that the 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. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD. See the ADDRESSES section for a location 
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

McDonnell Douglas: Docket No. FAA-2004-18561; Directorate Identifier 
2004-NM-13-AD.

Comments Due Date

    (a) The Federal Aviation Administration (FAA) must receive 
comments on this AD action by August 23, 2004.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to McDonnell Douglas Model DC-9-15F 
airplanes modified in accordance with supplemental type certificate 
(STC) SA1993SO; and 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-9-33F, DC-9-34, DC-9-34F, DC-9-32F (C-9A, C-9B), DC-9-41, and DC-
9-51 airplanes in all-cargo configuration; certificated in any 
category.

Unsafe Condition

    (d) This AD was prompted by reports that deficiencies related to 
the cargo loading system may exist on all McDonnell Douglas Model 
DC-9-15F airplanes modified in accordance with STC SA1993SO. We are 
issuing this AD to ensure that cargo in the main cabin is adequately 
restrained and to prevent failure of components of the cargo loading 
system, failure of the floor structure, or shifting of cargo. Any of 
these conditions could cause cargo to exceed load distribution 
limits or cause damage to the fuselage or control cables, which 
could result in reduced controllability of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Airplanes Not Modified in Accordance With STC SA1993SO: Inspection and 
Reporting

    (f) For airplanes not modified in accordance with STC SA1993SO: 
Within 60 days after the effective date of this AD, perform an 
inspection of the main deck cargo compartment to determine the 
details of the airplane's cargo configuration. Within 60 days after 
the effective date of this AD, submit a report of the details of the 
airplane's cargo configuration through the FAA Principal Maintenance 
Inspector (PMI), or the cognizant Flight Standards District Office, 
as applicable, to the Manager, Atlanta Aircraft Certification Office 
(ACO), FAA, Small Airplane Directorate. The report must include the 
airplane serial number, inspection results, and the information 
specified in paragraphs (f)(1), (f)(2), (f)(3), and (f)(4) of this 
AD. Under the provisions of the Paperwork Reduction Act of 1980 (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements contained in this 
AD and has assigned OMB Control Number 2120-0056.
    (1) Restraint system: Does the airplane have vertical side 
restraints installed on the main deck floor? How many vertical side 
restraints are installed per airplane side?
    (2) Vertical fore/aft restraints: How many vertical fore/aft 
restraints are installed on each end of a pallet position?
    (3) For airplanes with missing vertical side restraints: Is a 
bump rail installed?
    (4) Unit Loading Devices (ULDs): What type/model ULDs are used 
for cargo carriage in affected airplanes? Obtain NAS 3610 
designation from affixed data plate as required by Technical 
Standard Order (TSO) C90a, b, c, or designation provided by STC or 
other approved means. Is there a manual or document that indicates 
the type/model of ULDs to use? If there is such a manual or 
document, include the manual/document number and revision level in 
the report required by paragraph (f) of this AD.

Airplanes Deviating From Original Configuration: Required Action

    (g) During the inspection required by paragraph (f) of this AD, 
if the airplane's cargo configuration deviates from the original 
configuration as delivered by McDonnell Douglas (including, but not 
limited to, missing vertical side restraints or revised fore/aft 
restraint configuration), accomplish paragraphs (h) and (i) of this 
AD.

Manual Revisions

    (h) For airplanes modified in accordance with STC SA1993SO and 
airplanes specified in paragraph (g) of this AD: Within 90 days 
after the effective date of this AD, revise the Limitations section 
of the airplane flight manual (AFM), the AFM supplements, the 
Limitations section of the airplane weight and balance manual 
(AWBM), and the AWBM supplements to include the information 
specified below. This may be accomplished by inserting a copy of 
this AD into the affected manual or supplement. After accomplishment 
of these revisions, the airplane must be operated in accordance with 
these limitations.
    ``REDUCTION IN CARGO LOADS AS FOLLOWS:
     Zone 1 (most forward): Limited to a maximum of 4,000 
pounds,
     Zones 2 through 7: Limited to a maximum of 5,200 pounds 
each,
     Zone 8 (most aft): Limited to a maximum of 2,000 
pounds.

    Note: The maximum total payload that can be carried on the main 
deck is limited to the lesser of:

     The approved cargo barrier weight limit,
     Weight permitted by the approved maximum zero-fuel 
weight,
     Weight permitted by the approved main deck position 
weights,
     Weight permitted by the approved main deck running load 
or distributed load limitations, or
     Approved cumulative zone or fuselage monocoque 
structural loading limitations (including lower hold cargo).

[[Page 41207]]

    LIMITATIONS:
    Use only unit loading devices (ULDs) (containers and pallets) 
that are structurally compatible with the cargo loading system. One 
means of establishing compatibility is through compliance with the 
specifications of NAS 3610 for ULDs approved under Technical 
Standard Order (TSO) C90a, b, or c; or as provided by the 
appropriate instructions of a Supplemental Type Certificate or other 
approved means. Alternative methods of compliance can be obtained as 
specified in paragraph (j) of this AD.
    Ensure proper restraining of the ULDs by engaging all cargo 
loading system restraints.
    The center-of-gravity shift of each ULD must not exceed 10 
percent of its base longitudinal or lateral directions.''

Relocation of Cargo Restraints

    (i) For airplanes modified in accordance with STC SA1993SO and 
airplanes specified in paragraph (g) of this AD: Within 90 days 
after the effective date of this AD, relocate all fore/aft cargo 
restraints in the main cargo deck to left and right buttock lines 
22.0 and 44.5.

Alternative Methods of Compliance (AMOCs)

    (j) The Manager, Atlanta ACO, has the authority to approve AMOCs 
for this AD, if requested in accordance with the procedures found in 
14 CFR 39.19.

    Issued in Renton, Washington, on June 30, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-15519 Filed 7-7-04; 8:45 am]
BILLING CODE 4910-13-P