[Federal Register Volume 70, Number 64 (Tuesday, April 5, 2005)]
[Proposed Rules]
[Pages 17216-17219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6679]



[[Page 17216]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20797; Directorate Identifier 2004-NM-256-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-8-11, DC-8-
12, DC-8-21, DC-8-31, DC-8-32, DC-8-33, DC-8-41, DC-8-42, and DC-8-43 
Airplanes; Model DC-8F-54 and DC-8F-55 Airplanes; Model DC-8-50, -60, -
60F, -70, and -70F Series Airplanes; Model DC-9-10, -20, -30, -40, and 
-50 Series Airplanes; Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 
(MD-83), and DC-9-87 (MD-87) Airplanes; and Model MD-88 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede an existing airworthiness 
directive (AD) that applies to certain McDonnell Douglas airplanes, as 
listed above. The existing AD currently requires an initial general 
visual or dye penetrant inspection, repetitive dye penetrant 
inspections, and replacement, as necessary, of the rudder pedal 
bracket. This proposed AD would also require, for certain airplanes, 
replacing the rudder pedal bracket assemblies with new, improved parts, 
which would terminate the repetitive inspections. This proposed AD is 
prompted by a report of numerous cracked rudder pedal brackets found 
during inspections of certain affected airplanes. We are proposing this 
AD to prevent failure of the rudder pedal bracket assembly, which could 
result in the loss of rudder and braking control at either the 
captain's or first officer's position.

DATES: We must receive comments on this proposed AD by May 20, 2005.

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.
     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 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 in person 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. This docket 
number is FAA-2005-20797; the directorate identifier for this docket is 
2004-NM-256-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:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2005-20797; 
Directorate Identifier 2004-NM-256-AD'' at the beginning 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 received 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 our 
docket 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 the 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.

Examining the Docket

    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. Comments will be 
available in the AD docket shortly after the DMS receives them.

Discussion

    On June 9, 1989, we issued AD 89-14-02, amendment 39-6245 (54 FR 
27156, June 28, 1989), for certain McDonnell Douglas Model DC-8, DC-9 
and C-9 (Military) series airplanes, including Model DC-9-80 series 
airplanes and Model MD-88 airplanes. That AD requires an initial 
general visual or dye penetrant inspection, repetitive dye penetrant 
inspections, and replacement, as necessary, of the rudder pedal 
bracket. That AD was prompted by several reports of fatigue failures in 
the captain's rudder pedal bracket assembly on Model DC-9 series 
airplanes. We issued that AD to prevent failure of the rudder pedal 
bracket assembly, which could result in the loss of rudder and braking 
control at either the captain's or first officer's position.

Actions Since Existing AD Was Issued

    The Air Transport Association (ATA) of America and the Aerospace 
Industries Association (AIA) of America agreed to undertake the task of 
identifying and implementing procedures to ensure the continued 
structural airworthiness of aging transport category airplanes. An 
Airworthiness Assurance Working Group (AAWG) was established in August 
1988, with members representing aircraft manufacturers, operators, 
regulatory authorities, and other aviation industry representatives 
worldwide. The objective of the AAWG was to sponsor ``Steering Task 
Groups (STG)'' to:
    1. Select service bulletins, applicable to each airplane model in 
the transport fleet, to be recommended for mandatory modification of 
aging airplanes;
    2. Develop corrosion-directed inspections and prevention programs;
    3. Review the adequacy of each operator's structural maintenance 
program;
    4. Review and update the Supplemental Inspection Documents (SID); 
and
    5. Assess repair quality.

[[Page 17217]]

    Based on the results of this review, the DC-9 STG for Model DC-9-
10, -20, -30, -40, and -50 series airplanes; Model DC-9-81 (MD-81), DC-
9-82 (MD-82), DC-9-83 (MD-83), and DC-9-87 (MD-87) airplanes; and Model 
MD-88 airplanes; has determined that for these airplanes, further 
corrective action is necessary to prevent failure of the rudder pedal 
bracket assembly, which could result in the loss of rudder and braking 
control at either the captain's or first officer's positions.
    In addition, we have received a report of numerous cracked rudder 
pedal brackets found during inspections of Model DC-9-10, -20, -30, -
40, and -50 series airplanes; Model DC-9-81 (MD-81), DC-9-82 (MD-82), 
DC-9-83 (MD-83), and DC-9-87 (MD-87) airplanes; and Model MD-88 
airplanes.
    AD 89-14-02 does not provide a terminating action for these certain 
airplanes and instead requires repetitive inspections after the 
replacement of the rudder pedal bracket assemblies. Since operators 
could fly these airplanes another 40,000 landings after the replacement 
of the rudder pedal bracket assemblies, new, improved parts made of 
aluminum casting were developed to address the unsafe condition of AD 
89-14-02.
    We have determined we can better ensure long-term continued 
operational safety by modifications or design changes to remove the 
source of the problem, rather than by repetitive inspections. 
Therefore, for certain airplanes, the proposed AD would require 
replacement of the rudder pedal bracket assemblies with new, improved 
parts made of aluminum casting, which would terminate the repetitive 
inspections. The proposed AD would require that the replacement with 
new, improved parts be accomplished before the accumulation of 75,000 
total landings on a rudder pedal bracket assembly, or within 60 months 
after the effective date of this AD, whichever occurs later.
    We have also determined that the other affected Model DC-8-11, DC-
8-12, DC-8-21, DC-8-31, DC-8-32, DC-8-33, DC-8-41, DC-8-42, and DC-8-43 
airplanes; Model DC-8F-54 and DC-8F-55 airplanes; and Model DC-8-50, -
60, -60F, -70, and -70F series airplanes in AD 89-14-02 do not require 
replacement of rudder pedal bracket assemblies with new, improved parts 
made of aluminum casting. Replacement with a new part having the same 
part number, if cracks are detected, is sufficient in addressing the 
unsafe condition of this proposed AD, since these airplanes are not 
expected to fly another 40,000 landings after the replacement.

Relevant Service Information

    We have reviewed McDonnell Douglas Alert Service Bulletin A27-307,
    Revision 6, dated December 19, 1994. The service bulletin describes 
procedures for replacing the captain's and first officer's rudder pedal 
bracket assemblies with parts having the same part number; or replacing 
with new, improved parts, which ends the repetitive inspections for 
McDonnell Douglas Model DC-9-10, -20, -30, -40, and -50 series 
airplanes; Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-
9-87 (MD-87) airplanes; and Model MD-88 airplanes. Accomplishing the 
actions specified in the service information is intended to adequately 
address the unsafe condition.

FAA's Determination and Requirements of the Proposed AD

    The unsafe condition described previously is likely to exist or 
develop on other airplanes of the same type design that may be 
registered in the U.S. at some time in the future. We are proposing to 
supersede AD 89-14-02. This proposed AD would retain the requirements 
of the existing AD. This proposed AD would also require, for certain 
airplanes, accomplishing the actions specified in the service bulletin 
described previously, except as discussed under ``Differences Between 
the Proposed AD and Service Bulletin.''

Differences Between Proposed Rule and Service Bulletin

    This proposed AD would require replacement of the rudder pedal 
bracket assemblies with new, improved parts, which would terminate the 
repetitive inspections. The service bulletin provides the termination 
action as an option.
    The service bulletin does not recommend a compliance time for 
accomplishing the terminating action (replacement is on-condition). 
This proposed AD, however, would require operators to accomplish, for 
certain airplanes, the terminating action before the accumulation of 
75,000 total landings on a rudder pedal bracket assembly, or within 60 
months after the effective date of this AD, whichever occurs later.

Changes to Existing AD

    This proposed AD would retain all requirements of AD 89-14-02. 
Since AD 89-14-02 was issued, the AD format has been revised, and 
certain paragraphs have been rearranged. As a result, the corresponding 
paragraph identifiers have changed in this proposed AD, as listed in 
the following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                             Corresponding  requirement
        Requirement in AD 89-14-02               in this proposed AD
------------------------------------------------------------------------
paragraph A...............................  paragraph (f).
paragraph B...............................  paragraph (g).
------------------------------------------------------------------------

    We have also changed all references to any ``visual inspection'' in 
AD 89-14-02 to ``general visual inspection'' in this proposed AD and 
added a note to clarify the definition of a general visual inspection.
    In this proposed AD, we have also revised the applicability of AD 
89-14-02 to identify model designations as published in the most recent 
type certificate data sheet for the affected models.
    We have clarified the compliance time in paragraphs (f) and (g) of 
this AD to specify 40,000 total landings.

Costs of Compliance

    There are about 2,025 airplanes of the affected design in the 
worldwide fleet. The following table provides the estimated costs for 
U.S. operators to comply with this proposed AD. The new replacements of 
this proposed AD are applicable only to Model DC-9-10, -20, -30, -40, 
and -50 series airplanes; Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-
83 (MD-83), and DC-9-87 (MD-87) airplanes; and Model MD-88 airplanes.

[[Page 17218]]



                                                                     Estimated Costs
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                                                                                                                      Number of
                                                      Average labor                                                 fleet  U.S.-
               Action                  Work hours     rate per hour          Parts            Cost per airpalne      registered          Fleet cost
                                                                                                                      airplanes
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General visual inspection (required               3             $65  None.................  $195.................           1,381  $269,295.
 by AD 89-14-02).
Dye penetrant inspection (required                5              65  None.................  325, per inspection             1,381  448,825, per
 by AD 89-14-02).                                                                            cycle.                                 inspection cycle.
Replacements (new proposed action).               9              65  $5,320...............  5,905................           1,131  6,678,555.
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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 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 removing amendment 39-6245 (54 FR 
27156, June 28, 1989) and adding the following new airworthiness 
directive (AD):

McDonnell Douglas: Docket No. FAA-2005-20797; Directorate Identifier 
2004-NM-256-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by May 20, 2005.

Affected ADs

    (b) This AD supersedes AD 89-14-02, amendment 39-6245 (54 FR 
27156, June 28, 1989).

Applicability

    (c) This AD applies to the airplanes listed in Table 1 of this 
AD, certificated in any category.

                         Table 1.--Applicability
------------------------------------------------------------------------
           McDonnell Douglas                     As identified in
------------------------------------------------------------------------
Model DC-8-11, DC-8-12, DC-8-21, DC-8-   McDonnell Douglas Alert Service
 31, DC-8-32, DC-8-33, DC-8-41, DC-8-     Bulletin A27-273, dated May
 42, and DC-8-43 airplanes; Model DC-8-   16, 1989.
 51, DC-8-52, DC-8-53, and DC-8-55
 airplanes; Model DC-8F-54 and DC-8F-55
 airplanes; Model DC-8-61, DC-8-62, and
 DC-8-63 airplanes; Model DC-8-61F, DC-
 8-62F, and DC-8-63F airplanes; Model
 DC-8-71, DC-8-72, and DC-8-73
 airplanes.
Model DC-9-11, DC-9-12, DC-9-13, DC-9-   McDonnell Douglas Alert Service
 14, DC-9-15, and DC-9-15F airplanes;     Bulletin Model A27-307,
 Model DC-9-21 airplanes; Model DC-9-     Revision 6, dated December 19,
 31, DC-9-32, DC-9-32 (VC-9C), DC-9-      1994.
 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; DC-9-81 (MD-81), DC-9-82
 (MD-82), DC-9-83 (MD-83), and DC-9-87
 (MD-87) airplanes; and Model MD-88
 airplanes.
------------------------------------------------------------------------


[[Page 17219]]

Unsafe Condition

    (d) This AD was prompted by a report of numerous cracked rudder 
pedal brackets found during inspections of certain affected 
airplanes. We are issuing this AD to prevent failure of the rudder 
pedal bracket assembly, which could result in the loss of rudder and 
braking control at either the captain's or first officer's position.

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.

Requirements of AD 89-14-02

    (f) Prior to the accumulation of 40,000 total landings or within 
30 days after July 5, 1989 (the effective date of AD 89-14-02), 
whichever occurs later, perform either a general visual inspection 
or dye penetrant inspection for cracks of the captain's and first 
officer's rudder pedal bracket, part numbers (P/N) 5616067 and 
5616068, respectively, in accordance with McDonnell Douglas Alert 
Service Bulletins A27-273 (for Model DC-8-11, DC-8-12, DC-8-21, DC-
8-31, DC-8-32, DC-8-33, DC-8-41, DC-8-42, and DC-8-43 airplanes; 
Model DC-8F-54 and DC-8F-55 airplanes; and Model DC-8-50, -60, -60F, 
-70, and -70F series airplanes) or A27-307 (for Model DC-9-10, -20, 
-30, -40, and -50 series airplanes; Model DC-9-81 (MD-81), DC-9-82 
(MD-82), DC-9-83 (MD-83), and DC-9-87 (MD-87) airplanes; and Model 
MD-88 airplanes), as applicable, both dated May 16, 1989.

    Note 1: For the purposes of this AD, a general visual inspection 
is: ``A visual examination of an interior or exterior area, 
installation, or assembly to detect obvious damage, failure, or 
irregularity. This level of inspection is made from within touching 
distance unless otherwise specified. A mirror may be necessary to 
ensure visual access to all surfaces in the inspection area. This 
level of inspection is made under normally available lighting 
conditions such as daylight, hangar lighting, flashlight, or 
droplight and may require removal or opening of access panels or 
doors. Stands, ladders, or platforms may be required to gain 
proximity to the area being checked.''



    Note 2: McDonnell Douglas Alert Service Bulletins A27-273 and 
A27-307, both dated May 16, 1989, are hereinafter referred to as ASB 
A27-273 and ASB A27-307, respectively.

    (1) If an initial general visual inspection is accomplished, and 
no cracks are found, perform a dye penetrant inspection of the 
rudder pedal bracket assembly within 180 days after the general 
visual inspection, and thereafter accomplish dye penetrant 
inspections at intervals not to exceed 12 months or 2,500 landings, 
whichever occurs earlier.
    (2) If an initial dye penetrant inspection is accomplished, and 
no cracks are found, accomplish repetitive dye penetrant inspections 
at intervals not to exceed 12 months or 2,500 landings, whichever 
occurs earlier.
    (g) If cracks are detected, prior to further flight, remove and 
replace the rudder pedal bracket assembly in accordance with ASB 
A27-273 or A27-307, as applicable. Prior to the accumulation of 
40,000 total landings after replacement with the new part, resume 
the repetitive inspections in accordance with paragraph (f) in this 
AD.

New Requirements of This AD

Terminating Action for Certain Airplanes

    (h) For McDonnell Douglas Model DC-9-10, -20, -30, -40, and -50 
series airplanes; Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 
(MD-83), DC-9-87 (MD-87) airplanes; and Model MD-88 airplanes: Do 
the actions in paragraphs (h)(1) and (h)(2) of this AD in accordance 
with the Accomplishment Instructions of McDonnell Douglas Alert 
Service Bulletin A27-307, Revision 6, dated December 19, 1994.
    (1) Before the accumulation of 75,000 total landings on the 
captain's rudder pedal bracket assembly, P/N 5616067-501, or within 
60 months after the effective date of this AD, whichever occurs 
later: Remove the rudder pedal bracket assembly and replace it with 
new, improved P/N 5962903-501. Accomplishment of the replacement 
terminates the repetitive inspections of the captain's rudder pedal 
bracket assembly required by paragraphs (f) and (g) of this AD.
    (2) Before the accumulation of 75,000 total landings on the 
first officer's rudder pedal bracket assembly, P/N 5616068-501, or 
within 60 months after the effective date of this AD, whichever 
occurs later: Remove the rudder pedal bracket assembly and replace 
it with new, improved P/N 5962904-501. Accomplishment of the 
replacement terminates the repetitive inspections of the first 
officer's rudder pedal bracket assembly required by paragraphs (f) 
and (g) of this AD.

Credit for Previous Service Bulletins

    (i) Actions done before the effective date of this AD in 
accordance with McDonnell Douglas Alert Service Bulletin A27-307, 
Revision 5, dated February 14, 1992; or Revision 4, dated June 3, 
1991, are acceptable for compliance with the corresponding 
requirements of this AD.

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, Los Angeles Aircraft Certification Office, 
Transport Airplane Directorate, FAA, has the authority to approve 
AMOCs for this AD, if requested in accordance with the procedures 
found in 14 CFR 39.19.
    (2) AMOCs, approved previously in accordance with AD 89-14-02, 
amendment 39-6245, are approved as AMOCs for the corresponding 
requirements of this AD.

    Issued in Renton, Washington, on March 22, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-6679 Filed 4-4-05; 8:45 am]
BILLING CODE 4910-13-P