[Federal Register Volume 70, Number 154 (Thursday, August 11, 2005)]
[Proposed Rules]
[Pages 46790-46792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15881]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22062; Directorate Identifier 2003-NM-219-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-81 (MD-
81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), MD-88, and MD-
90-30 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all McDonnell Douglas airplanes identified above. This proposed AD 
would require a one-time inspection of the aft attach fitting assembly 
of the spoiler link to determine the part number, and further 
investigative action and replacement of the assembly with a new or 
serviceable assembly, if necessary. This proposed AD results from a 
determination that the holes of certain aft attach fitting assemblies 
of the spoiler link were not cold-worked during production. We are 
proposing this AD to prevent fatigue cracking of the aft attach fitting 
of the spoiler link and consequent failure of the fitting. Failure of 
the fitting could result in an asymmetrical lift condition and 
consequent reduced controllability of the airplane.

DATES: We must receive comments on this proposed AD by September 26, 
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.
     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.
    Contact Boeing Commercial Airplanes, Long Beach Division, 3855 
Lakewood Boulevard, Long Beach,

[[Page 46791]]

California 90846, Attention: Data and Service Management, Dept. C1-L5A 
(D800-0024); or Aerotech Engineering, Inc., 19655 Descartes, Foothill 
Ranch, California 92610; for service information identified in this 
proposed AD.

FOR FURTHER INFORMATION CONTACT: Roger Durbin, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; 
telephone (562) 627-5233; fax (562) 627-5210.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Include the docket number ``FAA-
2005-22062; Directorate Identifier 2003-NM-219-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 
that 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 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.

Examining the Docket

    You may 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 Docket Management System 
receives them.

Discussion

    We have received a report indicating that the holes of certain aft 
attach fitting assemblies of the spoiler link were not cold-worked 
during production. The subject assemblies were manufactured by Aerotech 
Manufacturing, Inc. (AMI), under the authority of a Parts Manufacturing 
Approval, before January 8, 2003, and may be installed on any McDonnell 
Douglas Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-
87 (MD-87), MD-88, or MD-90-30 airplanes. Cold-working of the holes 
increases the resistance of the fitting to fatigue cracking originating 
at the hole. Fatigue cracking of the aft attach fitting of the spoiler 
link, if not corrected, could cause the fitting to fail. Failure of the 
fitting could result in an asymmetrical lift condition and consequent 
reduced controllability of the airplane.

Relevant Service Information

    We have reviewed Aerotech Manufacturing, Inc., Service Bulletin 
DC9-27-01-AMI5139, Revision ``A,'' dated June 19, 2003. The service 
bulletin describes procedures for a one-time inspection of the aft 
attach fitting assembly of the spoiler link to determine if the 
assembly was manufactured by AMI. The service bulletin also describes 
procedures for replacement of any assembly manufactured by AMI with a 
new or serviceable assembly that has a lot number that is not subject 
to this proposed AD. 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

    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. For this reason, we are proposing this AD, 
which would require accomplishing the actions specified in the service 
information described previously, except as discussed under 
``Differences Between the Proposed AD and Service Information.''

Differences Between the Proposed AD and Service Information

    The service information specifies that the inspection of the aft 
attach fitting assembly of the spoiler link must be accomplished ``at 
the heavy maintenance visit whereby inspection of the spoiler system 
can be accomplished or before 10,000 flight hours are accumulated * * 
*.'' We find that this compliance time is not sufficiently precise to 
ensure that all affected assemblies will be inspected, and replaced if 
necessary, in a timely manner. Therefore, this proposed AD specifies a 
compliance time of prior to the accumulation of 10,000 total flight 
hours on the aft attach fitting assembly of the spoiler link, or within 
18 months after the effective date of this AD, whichever is later.
    Section 1.D., ``Description,'' of the service information describes 
procedures for inspecting the aft attach fitting assembly of the 
spoiler link to determine if it is an AMI fitting assembly. This 
proposed AD would require an inspection to determine the part number 
and, if necessary, the lot number, of the aft attach fitting assembly. 
We find that determining the part number, and the lot number, if 
necessary, is the most conclusive way to determine whether an installed 
fitting assembly is affected by the requirements of this proposed AD.

Clarification of Date of Original Issue of Service Bulletin

    Page 1 of Aerotech Manufacturing, Inc., Service Bulletin DC9-27-01-
AMI5139, Revision ``A,'' shows that the date of the original issue of 
that service bulletin is January 29, 2003. However, subsequent pages of 
Revision ``A'' of the service bulletin show that the date of the 
original issue of the service bulletin was March 26, 2002. We have 
determined that the correct date of the original issue of Aerotech 
Manufacturing, Inc., Service Bulletin DC9-27-01-AMI5139 is January 29, 
2003.

Costs of Compliance

    There are about 1,296 airplanes of the affected design in the 
worldwide fleet. This proposed AD would affect about 738 airplanes of 
U.S. registry. The proposed inspection to determine the part number of 
the aft attach fitting assembly of the spoiler link would take about 1 
work hour per airplane, at an average labor rate of $65 per work hour. 
Based on these figures, the estimated cost of this proposed inspection 
for U.S. operators is $47,970, or $65 per airplane.

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

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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 adding the following new 
airworthiness directive (AD):

McDonnell Douglas: Docket No. FAA-2005-22062; Directorate Identifier 
2003-NM-219-AD.

Comments Due Date

    (a) The Federal Aviation Administration (FAA) must receive 
comments on this AD action by September 26, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all McDonnell Douglas Model DC-9-81 (MD-
81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), MD-88, and 
MD-90-30 airplanes, certificated in any category.

Unsafe Condition

    (d) This AD was prompted by a determination that the holes of 
certain aft attach fitting assemblies of the spoiler link were not 
cold-worked during production. We are issuing this AD to prevent 
fatigue cracking of the aft attach fitting of the spoiler link and 
consequent failure of the fitting. Failure of the fitting could 
result in an asymmetrical lift condition and consequent reduced 
controllability 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) Prior to the accumulation of 10,000 total flight hours on 
the aft attach fitting assembly of the spoiler link, or within 18 
months after the effective date of this AD, whichever is later: 
Inspect the aft attach fitting assembly of the spoiler link to 
determine the part number, in accordance with Item 1.a). of Section 
1.D., ``Description,'' of Aerotech Manufacturing, Inc., Service 
Bulletin DC9-27-01-AMI5139, Revision ``A,'' dated June 19, 2003.
    (1) If the part number is not AMI3954558-1 or AMI3954558-501: No 
further action is required by this AD, but the provisions of 
paragraph (h) of this AD continue to apply.
    (2) If the part number is AMI3954558-1 or AMI3954558-501: Before 
further flight, inspect the aft attach fitting assembly of the 
spoiler link to determine the lot number, then determine if the lot 
number is identified in the ``Lot Number'' column of the table in 
Section 1.A.1. of the service bulletin. If the lot number is not 
identified in the service bulletin, no further action is required by 
this AD, but the provisions of paragraph (h) of this AD continue to 
apply.

Replacement

    (g) If the part number of the aft attach fitting assembly of the 
spoiler link is AMI3954558-1 or AMI3954558-501, and the lot number 
is identified in the ``Lot Number'' column of the table in Section 
1.A.1. of Aerotech Manufacturing, Inc., Service Bulletin DC9-27-01-
AMI5139, Revision ``A,'' dated June 19, 2003: Before further flight, 
replace the assembly with a new or serviceable assembly having a lot 
number that is not identified in the ``Lot Number'' column of the 
table in Section 1.A.1. of the service bulletin, in accordance with 
Item 1.b). of Section 1.D., ``Description,'' of the service 
bulletin.

Parts Installation

    (h) As of the effective date of this AD, no person may install, 
on any airplane, an aft attach fitting assembly of the spoiler link 
having part number AMI3954558-1 or AMI3954558-501, and having a lot 
number identified in the ``Lot Number'' column of the table in 
Section 1.A.1. of Aerotech Manufacturing, Inc., Service Bulletin 
DC9-27-01-AMI5139, Revision ``A,'' dated June 19, 2003.

Alternative Methods of Compliance (AMOCs)

    (i) The Manager, Los Angeles Aircraft Certification Office, 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 August 3, 2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-15881 Filed 8-10-05; 8:45 am]
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