[Federal Register Volume 69, Number 219 (Monday, November 15, 2004)]
[Rules and Regulations]
[Pages 65522-65523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24934]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-18994; Directorate Identifier 2003-NM-210-AD; 
Amendment 39-13866; AD 2004-23-11]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-14 and DC-
9-15 Airplanes; and Model DC-9-20, DC-9-30, DC-9-40, and DC-9-50 Series 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain McDonnell Douglas Model DC-9-14 and DC-9-15 airplanes; and 
Model DC-9-20, DC-9-30, DC-9-40, and DC-9-50 series airplanes. This AD 
requires repetitive high frequency eddy current inspections to detect 
cracks in the vertical radius of the upper cap of the center wing rear 
spar, and repair if necessary. This AD is prompted by reports of cracks 
in the upper cap of the center wing rear spar that resulted from stress 
corrosion. We are issuing this AD to detect and correct cracking of the 
left or right upper cap of the center rear spar, which would cause a 
possible fuel leak and structural failure of the upper cap, and result 
in reduced structural integrity of the airplane.

DATES: This AD becomes effective December 20, 2004.
    The incorporation by reference of a certain publication listed in 
the AD is approved by the Director of the Federal Register as of 
December 20, 2004.

ADDRESSES: For service information identified in this 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 this information 
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.
    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:
    Technical information: 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.
    Plain language information: Marcia Walters, [email protected].

Examining the Docket

    The AD docket contains the proposed AD, comments, and any final 
disposition. You can examine the AD docket on the Internet at http://dms.dot.gov, or 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.

SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39 
with an AD for certain McDonnell Douglas Model DC-9-14 and DC-9-15 
airplanes; and Model DC-9-20, DC-9-30, DC-9-40, and DC-9-50 series 
airplanes. That action, published in the Federal Register on September 
3, 2004 (69 FR 53853), proposed to require repetitive high frequency 
eddy current inspections to detect cracks in the vertical radius of the 
upper cap of the center wing rear spar, and repair if necessary.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. No comments have been submitted on the proposed 
AD or on the determination of the cost to the public.

Explanation of Change Made to the Final Rule

    We have updated the manufacturer name from McDonnell Douglas to 
Boeing for Service Bulletin DC9-57-223, dated July 21, 2003, which is 
referenced in this AD as the appropriate source of service information 
for the required actions. This change is necessary to adhere to the 
Office of the Federal Register's guidelines for materials incorporated 
by reference.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD with the 
change described previously. We have determined that this change will 
neither increase the economic burden on any

[[Page 65523]]

operator nor increase the scope of the AD.

Costs of Compliance

    This AD affects about 396 airplanes of U.S. registry and 963 
airplanes worldwide. The required inspection will take about 3 work 
hours per airplane, per inspection cycle, at an average labor rate of 
$65 per work hour. Based on these figures, the estimated cost of the AD 
for U.S operators is $77,220, or $195 per airplane, per inspection 
cycle.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    (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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2004-23-11 McDonnell Douglas: Amendment 39-13866. Docket No. FAA-
2004-18994; Directorate Identifier 2003-NM-210-AD.

Effective Date

    (A) This AD becomes effective December 20, 2004.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to certain McDonnell Douglas Model DC-9-14, 
DC-9-15, 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, certificated in any category; as listed in Boeing Service 
Bulletin DC9-57-223, dated July 21, 2003.

Unsafe Condition

    (d) This AD was prompted by reports of cracks in the upper cap 
of the center wing rear spar that resulted from stress corrosion. We 
are issuing this AD to detect and correct cracking of the left or 
right upper cap of the center rear spar, which could cause a 
possible fuel leak and structural failure of the upper cap, and 
result in reduced structural integrity 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.

Inspection

    (f) At the later of the times specified in paragraph (f)(1) or 
(f)(2) of this AD: Do a high frequency eddy current inspection to 
detect cracks in the vertical radius of the upper cap of the center 
wing rear spar, in accordance with the Accomplishment Instructions 
of Boeing Service Bulletin DC9-57-223, dated July 21, 2003.
    (1) Before the accumulation of 25,000 total flight cycles.
    (2) Within 15,000 flight cycles or 5 years after the effective 
date of this AD, whichever occurs first.

Corrective Action

    (g)(1) If no crack is found, then repeat the inspection 
thereafter at intervals not to exceed 15,000 flight cycles or 5 
years, whichever occurs first.
    (2) If any crack is found, 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.

Alternative Methods of Compliance (AMOCs)

    (h) 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.

Material Incorporated by Reference

    (i) You must use Boeing Service Bulletin DC9-57-223, dated July 
21, 2003, to perform the actions that are required by this AD, 
unless the AD specifies otherwise. The Director of the Federal 
Register approves the incorporation by reference of this document in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. For copies of the 
service information, contact Boeing Commercial Airplanes, Long Beach 
Division, 3855 Lakewood Boulevard, Long Beach, California 90846, 
Attention: Data and Service Management, Dept. CI-L5A (D800-0024). 
For information on the availability of this material at the National 
Archives and Records Administration (NARA), call (202) 741-6030, or 
go to http://www.archives.gov/federal_register/code_of_ federal--
regulations/ibr--locations.html. You may view the AD docket at the 
Docket Management Facility, U.S. Department of Transportation, 400 
Seventh Street, SW., room PL-401, Nassif Building, Washington, DC.

    Issued in Renton, Washington, on November 1, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-24934 Filed 11-12-04; 8:45 am]
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