[Federal Register Volume 70, Number 60 (Wednesday, March 30, 2005)]
[Rules and Regulations]
[Pages 16098-16101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6109]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-18774; Directorate Identifier 2003-NM-212-AD; 
Amendment 39-14027; AD 2005-07-03]
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), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain McDonnell Douglas Model DC-9-10, -20, -30, -40, and -50 series 
airplanes; and Model DC-9-81 (MD-81) and DC-9-82 (MD-82) airplanes. 
This AD requires 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 AD also provides an optional modification 
that would end the repetitive inspections. This AD is 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.

DATES: This AD becomes effective May 4, 2005.
    The incorporation by reference of a certain publication listed in 
the AD is approved by the Director of the Federal Register as of May 4, 
2005.

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).
    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 U.S. 
Department of Transportation, 400 Seventh Street SW, room PL-401, 
Washington, DC. This docket number is FAA-2004-18774; the directorate 
identifier for this docket is 2003-NM-212-AD.

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: The FAA proposed to amend 14 CFR Part 39 
with an 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. That action, published in the Federal Register on August 5, 
2004 (69 FR 47388), proposed to 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. That action also proposed to 
provide an optional modification that would end the repetitive 
inspections.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments that have been 
submitted on the proposed AD.

Request To Revise Corrective Action

    One commenter requests that we revise the corrective action 
specified in the proposed AD. The commenter states there is a 
significant discrepancy between the proposed AD and McDonnell Douglas 
DC-9 Service Bulletin 57-179, Revision 1, dated December 21, 1994 
(referenced as the appropriate source of service information for 
accomplishing the proposed actions). The commenter notes

[[Page 16099]]

that the proposed AD will require that if a crack is found on either 
the upper or lower spar cap, then both the upper and lower spar caps 
must be either permanently repaired as specified in paragraph (j) of 
the proposed AD or temporarily repaired as specified in paragraph (k) 
of the proposed AD. The commenter contends that the intent of the 
service bulletin is to repair (permanently or temporarily) only the 
cracked spar caps and then repetitive inspections can continue on spar 
caps that are not cracked. The commenter provides data that it contends 
strongly indicate that repair of both spar caps is not necessary if 
only one of the spar caps is found to be cracked. The commenter also 
refers to AD 88-01-04, which does not require repair of both spar caps 
if only one is found to be cracked.
    The commenter states that requiring both spar caps to be repaired 
if either spar cap is found cracked would appear to be a requirement to 
retrofit all airplanes that have repaired only a single spar cap and 
therefore may result in grounded airplanes. The commenter also states 
that repairing both spar caps if only one spar cap is cracked would 
impose a large and unnecessary burden on operators.
    The commenter requests that the final rule require only temporary 
or permanent repair of the cracked spar cap and continuing inspections 
of the uncracked spar cap on that spar.
    We agree with the commenter to revise the final rule. When only one 
spar cap is found to be cracked on one spar, the intent of the service 
bulletin is to repair the cracked spar cap and continue inspections of 
the uncracked spar cap on that spar. We have revised paragraphs (j) and 
(k) of the final rule accordingly.

Request To Revise the Cost Section

    The same commenter requests that we revise the Cost of Compliance 
section of the proposed AD. The commenter notes that the proposed AD 
estimates the cost at $260 per airplane, per inspection. The commenter 
states that based on its experience, the average cost to perform the 
inspections is $610 per airplane.
    We do not agree to revise the Costs of Compliance section of the 
final rule. 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. Thus, the cost estimate in the final rule is only for the cost 
of the inspection. In addition, the cost estimate is based on the 
manufacturer's data provided in the service bulletin. We have not 
changed the final rule in this regard.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been submitted, and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously. We have determined that these changes will neither increase 
the economic burden on any operator nor increase the scope of the AD.

Clarification of Actions in Paragraph (n)

    We have revised the wording in paragraph (n) of the final rule to 
clarify that for the applicable airplanes the actions specified in 
paragraph (n) are required only if the actions specified in paragraph 
(m) are being accomplished.

Costs of Compliance

    There are about 1,163 airplanes worldwide of the affected design. 
This AD will affect about 583 airplanes of U.S. registry. The 
inspection will 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 AD for U.S. operators is $151,580, or $260 per airplane, 
per inspection cycle.

Authority for this Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

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 regulatoory 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):

2005-07-03 McDonnell Douglas: Amendment 39-14027. Docket No. FAA-
2004-18774; Directorate Identifier 2003-NM-212-AD.

Effective Date

    (a) This AD becomes effective May 4, 2005.

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

                       Table 1.--Applicable Models
------------------------------------------------------------------------
 
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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,
 and DC-9-34F, DC-9-32F (C-9A, C-9B) airplanes

[[Page 16100]]

 
Model DC-9-41 airplanes
Model DC-9-51 airplanes
Model DC-9-81 (MD-81), and DC-9-82 (MD-82) airplanes
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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 specified 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 for any cracked rear spar cap; 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 for any cracked rear 
spar cap; 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 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
------------------------------------------------------------------------
                                          Use McDonnell Douglas service
          For airplane model--                      bulletin--
------------------------------------------------------------------------
Model DC-9-10, -20, -30, -40, and -50    DC-9 Service Bulletin 57-160,
 series airplanes; and Model DC-9-81      dated December 7, 1987.
 (MD-81) and DC-9-82 (MD-82) airplanes.
Model DC-9-81 (MD-81), DC-9-82 (MD-82),  MD-80 Service Bulletin 57-177,
 and DC-9-83 (MD-83) airplanes.           Revision 1, dated June 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: If 
accomplishing the crack preventative modification specified in 
paragraph (m) of this AD, before or concurrently with the crack 
preventative modification, do the permanent repair modification 
specified in paragraph (j) of this AD.

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.

Material Incorporated by Reference

    (p) You must use McDonnell Douglas DC-9 Service Bulletin 57-179, 
Revision 1, dated December 21, 1994, including McDonnell

[[Page 16101]]

Douglas Service Sketch 3268D, approved February 20, 1984, 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. C1-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 March 21, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-6109 Filed 3-29-05; 8:45 am]
BILLING CODE 4910-13-P