[Federal Register Volume 69, Number 150 (Thursday, August 5, 2004)]
[Proposed Rules]
[Pages 47388-47391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17859]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 69, No. 150 / Thursday, August 5, 2004 / 
Proposed Rules  

[[Page 47388]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-18774; Directorate Identifier 2003-NM-212-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-10, -20, -
30, -40, and -50 Series Airplanes; and Model DC-9-81 (MD-81) and DC-9-
82 (MD-82) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain McDonnell Douglas Model DC-9-10, -20, -30, -40, and -50 
series airplanes; and Model DC-9-81 (MD-81) and DC-9-82 (MD-82) 
airplanes. This proposed AD would require repetitive detailed 
inspections of the upper and lower caps of the rear spar of the left 
and right wings, and corrective action if necessary. This proposed AD 
also provides an optional modification that would end the repetitive 
inspections. This proposed AD is prompted by reports of fatigue cracks 
in the upper and lower caps of the wing spar. We are proposing this AD 
to detect and correct fatigue cracking in the upper and lower caps of 
the rear spar of the left and right wings, which could result in 
structural failure of the wings.

DATES: We must receive comments on this proposed AD by September 20, 
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.
    For the service information identified in this proposed AD, contact 
Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood 
Boulevard, Long Beach, California 90846, Attention: Data and Service 
Management, Dept. C1-L5A (D800-0024).
    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: 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:

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-2004-18774; 
Directorate Identifier 2003-NM-212-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 substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of 
that website, 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 may review DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
may 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 a report of cracks found in the lower cap of the 
rear spars of the left and right wing near station Xrs=267.000 during 
fatigue testing of fuselage number 3 on a McDonnell Douglas DC-9-14 
airplane. Fuselage number 3 had accumulated 42,900 total flight hours 
and 66,504 total flight cycles before being removed from service for 
fatigue testing. An operator of McDonnell Douglas DC-9-30 series

[[Page 47389]]

airplanes also reported cracks found in the upper cap of the rear spar. 
In addition, several operators of McDonnell Douglas Model DC-9-81 (MD-
81) and DC-9-82 (MD-82) airplanes reported cracks found in the upper 
and lower cap of the rear spar. Also, according to the manufacturer's 
analysis, for McDonnell Douglas Model DC-9-81 (MD-81) and DC-9-82 (MD-
82) airplanes, fatigue cracking in the upper and lower caps of the rear 
spar of the wings at station Xrs=267.000 may initiate at about 15,000 
total landing cycles as a result of loads introduced by the flap hinge 
fitting. Fatigue cracking in the upper and lower caps of the rear spar 
of the left and right wings, if not detected and corrected, could 
result in structural failure of the wings.
    The subject area on certain Model DC-9-20, -40, and -50 series 
airplanes is almost identical to that on the affected Model DC-9-10 and 
-30 series airplanes and Model DC-9-81 (MD-81) and DC-9-82 (MD-82) 
airplanes. Therefore, those Model DC-9-20, -40, and -50 series 
airplanes may be subject to the unsafe condition revealed on the DC-9-
10 and -30 series airplanes and Model DC-9-81 (MD-81) and DC-9-82 (MD-
82) airplanes.

Relevant Service Information

    We have reviewed McDonnell Douglas DC-9 Service Bulletin 57-179, 
Revision 1, dated December 21, 1994. The service bulletin describes 
procedures for initial and repetitive detailed inspections of the upper 
and lower caps of the rear spar of the left and right wings at station 
Xrs=267.000 for cracks, and corrective action if necessary. The 
corrective action includes doing the permanent repair modification or 
the temporary repair modification of the upper and lower caps of the 
rear spar. The permanent repair modification extends the compliance 
time for the next repetitive detailed inspection. The temporary repair 
modification includes doing repetitive detailed, eddy current, and 
ultrasonic inspections for any crack progression or any new crack, and 
doing the permanent repair modification if any crack progression or any 
new crack is found.
    The service bulletin also specifies that doing the crack 
preventative modification described in other service bulletins 
eliminates the need for the repetitive inspections.
    McDonnell Douglas DC-9 Service Bulletin 57-160, dated December 7, 
1987; MD-80 Service Bulletin 57-177, Revision 1, dated June 12, 1989; 
and MD-80 Service Bulletin 57-178, Revision 1, dated June 12, 1990; 
describe procedures for the crack preventative modification at station 
Xrs=267.000. The procedures include replacing/modifying the flap hinge 
fitting, brace fitting, and rear spar area, as applicable.
    We have determined that doing the actions specified in McDonnell 
Douglas DC-9 Service Bulletin 57-179, Revision 1, dated December 21, 
1994, will adequately address the unsafe condition.

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 repetitive detailed inspections of the upper and lower 
caps of the rear spar of the left and right wings, and corrective 
action if necessary. The proposed AD would require you to use McDonnell 
Douglas DC-9 Service Bulletin 57-179, Revision 1, dated December 21, 
1994, described previously to do these actions, except as discussed 
under ``Differences Between the Proposed AD and the Service Bulletin.''

Differences Between the Proposed AD and the Service Bulletins

    Operators should note that McDonnell Douglas DC-9 Service Bulletin 
57-179, Revision 1, dated December 21, 1994, specifies that, if any 
crack progression or any new crack is found after the temporary repair, 
the permanent repair modification must be done within 3,000 landings. 
However, this proposed AD would require that if any crack progression 
or new crack is detected, repair must be done before further flight per 
a method approved by the FAA. This difference has been coordinated with 
the manufacturer.
    In addition, McDonnell Douglas DC-9 Service Bulletin 57-160, dated 
December 7, 1987; MD-80 Service Bulletin 57-177, Revision 1, dated June 
12, 1989; and MD-80 Service Bulletin 57-178, Revision 1, dated June 12, 
1990; specify that operators may contact the manufacturer for specific 
modification information. However, this proposed AD would require 
operators to repair those conditions per a method approved by the FAA.

Costs of Compliance

    This proposed AD would affect about 583 airplanes of U.S. registry 
and 1,163 airplanes worldwide. The proposed inspection would take about 
4 work hours per airplane, at an average labor rate of $65 per work 
hour. Based on these figures, the estimated cost of the proposed AD for 
U.S. operators is $151,580 or $260 per airplane, per inspection cycle.

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-2004-18774; Directorate Identifier 
2003-NM-212-AD.

Comments Due Date

    (a) The Federal Aviation Administration (FAA) must receive 
comments on this AD action by September 20, 2004.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the models listed in Table 1 of this AD, 
certificated in any category; as listed in McDonnell Douglas DC-

[[Page 47390]]

9 Service Bulletin 57-179, Revision 1, dated December 21, 1994.

------------------------------------------------------------------------
 
-------------------------------------------------------------------------
Model DC-9-11, DC-9-12, DC-9-13, DC-9-14, DC-9-15, and DC-9-15F
 airplanes.
Model DC-9-21 airplanes.
Model DC-9-31, DC-9-32, DC-9-32 (VC-9C), DC-9-32F, DC-9-33F, DC-9-34, DC-
 9-34F, and DC-9-32F (C-9A, C-9B) airplanes.
Model DC-9-41 airplanes.
Model DC-9-51 airplanes.
Model DC-9-81 (MD-81), and DC-9-82 (MD-82) airplanes.
------------------------------------------------------------------------

Unsafe Condition

    (d) This AD was prompted by reports of fatigue cracks in the 
upper and lower caps of the wing spar. We are issuing this AD to 
detect and correct fatigue cracking in the upper and lower caps of 
the rear spar of the left and right wings, which could result in 
structural failure of the wings.

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.

Service Bulletin Reference

    (f) Unless otherwise stated, the term ``service bulletin,'' as 
used in this AD, means McDonnell Douglas DC-9 Service Bulletin 57-
179, Revision 1, dated December 21, 1994.

Inspection of the Upper and Lower Caps of the Rear Spar

    (g) At the time specified in paragraph (g)(1) or (g)(2) of this 
AD, as applicable, do a detailed inspection of the upper and lower 
caps of the rear spar of the left and right wings at station 
Xrs=267.000 for cracks, in accordance with the Accomplishment 
Instructions of the service bulletin.
    (1) For Group 1 airplanes identified in paragraph 1.A.(1) of the 
service bulletin: Inspect prior to the accumulation of 50,000 total 
landings or within 3,000 landings after the effective date of this 
AD, whichever occurs later.
    (2) For Group 2 airplanes identified in paragraph 1.A.(1) of the 
service bulletin: Inspect prior to the accumulation of 20,000 total 
landings or within 3,000 landings after the effective date of this 
AD, whichever occurs later.

    Note 1: For the purposes of this AD, a detailed inspection is 
``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.''

No Crack Detected: Repetitive Inspections

    (h) If no crack is detected during any detailed inspection 
required by paragraph (g) of this AD, repeat the inspection 
thereafter at intervals not to exceed 3,000 landings until the crack 
preventative modification specified in paragraph (m) of this AD is 
done.

Any Crack Detected: Corrective Actions

    (i) If any crack is detected during any detailed inspection 
required by paragraph (g) of this AD, before further flight, do the 
actions in paragraph (j) of this AD, except as provided by paragraph 
(k) of this AD.

Permanent Repair Modification

    (j) If required by paragraph (i) of this AD, do the permanent 
repair modification of the upper and lower caps of the rear spar; 
and at the times specified in paragraph (j)(1) or (j)(2) of this AD, 
as applicable, do the detailed inspection specified in paragraph (g) 
of this AD. Do the actions in accordance with the Accomplishment 
Instructions of the service bulletin.
    (1) For Group 1 airplanes identified in paragraph 1.A.(1) of the 
service bulletin: Within 53,000 landings after accomplishing the 
permanent repair modification, do the detailed inspection. Repeat 
the detailed inspection thereafter at intervals not to exceed 3,000 
landings until the crack preventative modification specified in 
paragraph (m) of this AD is done.
    (2) For Group 2 airplanes identified in paragraph 1.A.(1) of the 
service bulletin: Within 33,000 landings after accomplishing the 
permanent repair modification, do the detailed inspection. Repeat 
the detailed inspection thereafter at intervals not to exceed 3,000 
landings until the crack preventative modification specified in 
paragraph (m) of this AD is done.

Optional Temporary Repair Modification for Certain Cracking

    (k) In lieu of the actions specified in paragraph (j) of this 
AD, for any crack that does not exceed the limits specified in the 
Accomplishment Instructions of the service bulletin: Before further 
flight, do the temporary repair modification of the upper and lower 
caps of the rear spar; and at the times specified in paragraphs 
(k)(1) and (k)(2) of this AD, do the detailed inspections specified 
in paragraphs (k)(1) and (k)(2) of this AD. Do the actions in 
accordance with the Accomplishment Instructions of the service 
bulletin.
    (1) Within 1,500 landings after accomplishing the temporary 
repair modification, do a detailed inspection of the temporary 
repair for any new crack or crack progression and repeat the 
inspection thereafter at intervals not to exceed 1,500 landings 
until the permanent repair modification specified in paragraph (j) 
of this AD is done.
    (2) Within 3,000 landings after accomplishing the temporary 
repair modification, do detailed, eddy current, and ultrasonic 
inspections of the temporary repair for any new crack or crack 
progression and repeat the inspections thereafter at intervals not 
to exceed 3,000 landings until the permanent repair modification 
specified in paragraph (j) of this AD is done.
    (l) If any crack progression or new crack is detected during any 
inspection required by paragraph (k)(1) or (k)(2) of this AD, before 
further flight, repair per a method approved by the Manager, Los 
Angeles Aircraft Certification Office (ACO), FAA. For a repair 
method to be approved by the Manager, Los Angeles ACO, as required 
by this paragraph, the Manager's approval letter must specifically 
refer to this AD.

Optional Terminating Crack Preventative Modification

    (m) Except as provided by paragraph (n) of this AD, 
accomplishment of the crack preventative modification in accordance 
with the applicable service bulletin listed in Table 2 of this AD 
ends the repetitive inspections required by this AD. If the 
applicable service bulletin specifies to contact the manufacturer 
for specific modification information: Repair per a method approved 
by the Manager, Los Angeles Aircraft Certification Office (ACO), 
FAA. For a repair method to be approved by the Manager, Los Angeles 
ACO, as required by this paragraph, the Manager's approval letter 
must specifically refer to this AD.

                         Table 2.--Service Bulletins for Crack Preventative Modification
----------------------------------------------------------------------------------------------------------------
                  For Airplane Model--                           Use McDonnell Douglas Service Bulletin--
----------------------------------------------------------------------------------------------------------------
Model DC-9-10, -20, -30, -40, and -50 series airplanes;  DC-9 Service Bulletin 57-160, dated December 7, 1987.
 and Model DC-9-81 (MD-81) and DC-9-82 (MD-82)
 airplanes.
Model DC-9-81 (MD-81),DC-9-82 (MD-82), and DC-9-83 (MD-  MD-80 Service Bulletin 57-177, Revision 1, dated June
 83) airplanes.                                           12, 1989.
Model DC-9-82 (MD-82), airplanes.......................  MD-80, Service Bulletin 57-178, Revision 1, dated June
                                                          12, 1990.
----------------------------------------------------------------------------------------------------------------

    (n) For airplanes on which the temporary repair modification 
specified in paragraph (k) of this AD has been done: Before or 
concurrently with the crack preventative modification specified in 
paragraph (m) of this AD, do the permanent repair modification 
specified in paragraph (j) of this AD.

[[Page 47391]]

Alternative Methods of Compliance (AMOCs)

    (o) The Manager, Los Angeles ACO, FAA, 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 July 29, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-17859 Filed 8-4-04; 8:45 am]
BILLING CODE 4910-13-P