[Federal Register Volume 69, Number 173 (Wednesday, September 8, 2004)]
[Rules and Regulations]
[Pages 54201-54204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20208]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-345-AD; Amendment 39-13789; AD 2004-18-11]
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: Final rule.

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[[Page 54202]]

SUMMARY: This amendment adopts a new airworthiness directive (AD), 
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 amendment requires, 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: Effective October 13, 2004.
    The incorporation by reference of a certain publication listed in 
the regulations is approved by the Director of the Federal Register as 
of October 13, 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 National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call (202) 741-6030, or go to: 
http://www.archives.gov/federal_-register/code--of--federal--
regulations/ibr--locations.html.

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-9-14, 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; was published in the Federal 
Register on January 29, 2004 (69 FR 4259). That action proposed to 
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.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Support for Proposed Rule

    One commenter supports the proposed rule.

Request To Revise Cost Estimates

    The other commenter, an operator, requests that we revise the cost 
estimates listed in the proposed rule. The commenter states that the 
inspection, based on similar inspections it is currently conducting for 
another AD, will take four work hours per airplane (two work hours per 
fitting, two fittings per airplane) instead of the two work hours 
estimated in the proposed rule. The commenter points out that Boeing 
Service Bulletin DC9-57-225 (referenced as the appropriate source of 
service information in the proposed rule) specifies 2.7 work hours per 
fitting, 5.4 work hours per airplane. The commenter further states that 
the proposed rule does not include the cost of replacement parts 
required at each inspection interval, at the cost of $1,122.20 per 
airplane (for Group 1 airplanes within its fleet). Therefore, the 
commenter declares that the proposed inspection will actually cost 
$1,365 per airplane, per inspection cycle for Group 1 airplanes, and 
$667 per airplane, per inspection cycle for Group 2 airplanes--not $130 
per airplane, per inspection cycle, as proposed.
    The commenter also states that the replacement will take nine work 
hours per fitting, instead of the two work hours estimated in the 
proposed rule. The commenter points out that Boeing Service Bulletin 
DC9-57-225 specifies 7.6 work hours per fitting for the replacement. 
Therefore, the commenter declares the proposed replacement will cost 
$6,005 per airplane for Group 1 airplanes, and $10,397 per airplane for 
Group 2 airplanes--instead of between $2,024 and $4,569 per airplane, 
as proposed.
    We agree with part of the commenter's request. We have reviewed 
data provided by the airplane manufacturer and agree that replacement 
of some additional parts may be necessary during the required 
inspection and replacement. We do not agree, however, with the cost 
provided by the commenter for those parts. We have revised the cost 
information below to include the costs of those additional parts, based 
on the information provided to us by the airplane manufacturer.
    We do not agree to revise the work hour estimate for the inspection 
or replacement. The commenter supplied no data to support its estimate 
of nine work hours for the replacement. The referenced service bulletin 
specifies two work hours per fitting for the replacement, which 
corresponds with the cost information below. We acknowledge that the 
referenced service bulletin specifies 2.7 work hours per fitting for 
the inspection--not two (one work hour per fitting, two fittings per 
airplane) as proposed. However, that figure includes costs for actions 
associated with access and close up. The cost information below 
describes only the direct costs of those specific actions required by 
this AD. We recognize that, in doing the actions required by an AD, 
operators may incur incidental costs in addition to the direct costs. 
As explained in the proposed rule, the cost analysis in AD rulemaking 
actions typically does not include incidental costs such as the time 
required to gain access and close up, time necessary for planning, or 
time necessitated by other administrative actions. Those incidental 
costs, which may vary significantly among operators, are almost 
impossible to calculate. We have not changed the work-hour estimates in 
this final rule.

Conclusion

    After careful review of the available data, including the comments 
noted above, we have determined that air safety and the public interest 
require the adoption of the rule with the change previously described. 
We have determined that this change will neither increase the economic 
burden on any operator nor increase the scope of the AD.

Cost Impact

    There are approximately 708 airplanes of the affected design in the 
worldwide fleet. We estimate that 411 airplanes of U.S. registry will 
be affected by this AD, that it will take

[[Page 54203]]

approximately 2 work hours per airplane to accomplish the required 
inspection, and that the average labor rate is $65 per work hour. The 
cost of certain parts required to be replaced during this inspection 
will be between $212 and $585 per airplane. Based on these figures, the 
cost impact of the required inspection on U.S. operators is estimated 
to be between $140,562 and $293,865, or between $342 and $715 per 
airplane, per inspection cycle.
    We estimate that it will take approximately 2 work hours per 
fitting to accomplish the required replacement, and that the average 
labor rate is $65 per work hour. The cost of each required replacement 
fitting will be $1,894 per Group 1 airplane and $4,439 per Group 2 
airplane. The cost of certain other parts required to be replaced 
during this replacement will be $292 per Group 1 airplane and $106 per 
Group 2 airplane. Based on these figures, the cost impact of the 
required replacement per fitting on U.S. operators is estimated to be 
between $951,876 and $1,921,425, or $2,316 per Group 1 airplane and 
$4,675 per Group 2 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.

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:

2004-18-11 McDonnell Douglas: Amendment 39-13789. 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, in 
accordance with 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 that 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 in 
accordance with 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 in accordance with 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 in 
accordance with 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.

Incorporation by Reference

    (g) The actions shall be done in accordance with Boeing Service 
Bulletin DC9-57-225, excluding Appendix A, dated December 10, 2002. 
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 Boeing 
Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, 
Long Beach, California 90846, Attention: Data and Service 
Management, Dept. C1-L5A (D800-

[[Page 54204]]

0024); or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_ register/code--of-- federal--regulations/ibr--
locations.html.

Effective Date

    (h) This amendment becomes effective on October 13, 2004.

    Issued in Renton, Washington, on August 27, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-20208 Filed 9-7-04; 8:45 am]
BILLING CODE 4910-13-P