[Federal Register Volume 71, Number 62 (Friday, March 31, 2006)]
[Rules and Regulations]
[Pages 16208-16211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3064]


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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; 
Amendment 39-14538; AD 2006-07-11]
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), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
McDonnell Douglas airplanes identified above. This AD requires a one-
time inspection of the aft attach fitting assembly of the spoiler link 
to determine the part number, and further

[[Page 16209]]

investigative action and replacement of the assembly with a new or 
serviceable assembly, if necessary. This 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 
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.

DATES: This AD becomes effective May 5, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of May 5, 2006.

ADDRESSES: You may examine the 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., Nassif Building, 
room PL-401, Washington, DC.
    Contact Aerotech Engineering, Inc., 19655 Descartes, Foothill 
Ranch, California 92610; for service information identified in this AD.

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

SUPPLEMENTARY INFORMATION:

Examining the Docket

    You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply 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. That NPRM was published in the 
Federal Register on August 11, 2005 (70 FR 46790). That NPRM proposed 
to 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.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

Request To Address Illegible Part Numbers

    Midwest Airlines (MAL) is concerned about the possibility that 
operators may not be able to determine the part number on the subject 
parts. The parts manufacturer used an ``Ink Stamp'' method of marking 
the parts, and the parts are dimensionally the same as parts produced 
by the original equipment manufacturer. Thus, the stamped part number 
is the only way to identify affected parts. MAL points out that that 
the stamped part number wears and washes off of parts, making it 
impossible to identify an affected part. MAL notes that a cursory look 
at airplanes in its fleet revealed that the part number on some of its 
airplanes is no longer legible. MAL believes that all unmarked parts 
would have to be changed to ensure that all discrepant parts are 
removed from service.
    We agree that some clarification is necessary. While determining 
the stamped part number is the only immediate way to identify an 
affected part, a review of maintenance and purchasing records may also 
assist in determining whether an affected part is installed. We agree 
that any part on which the part number and/or lot number cannot be 
conclusively determined must be replaced to ensure that all discrepant 
parts are removed from service. Therefore, we have revised paragraph 
(f)(2) and (g) of this AD to clarify what actions are required if the 
part number and/or lot number cannot be determined. Also, we have 
revised paragraph (f) and (f)(2) of this AD to clarify that a review of 
maintenance records is an acceptable means of determining a part 
number.

Request To Allow Repetitive Inspections in Lieu of Immediate 
Replacement

    The Air Transport Association (ATA), on behalf of its member, Delta 
Airlines (Delta), requests that we revise the proposed AD to allow an 
affected part to be repetitively inspected in lieu of requiring 
replacement of any identified affected part before further flight. ATA 
and Delta state that this would allow the replacement to be scheduled 
and done during a maintenance visit. Neither ATA nor Delta state a 
technical justification for the request.
    We do not concur. There are no data available to determine the 
damage tolerance characteristics of the subject parts. Thus, we cannot 
be sure that repetitive inspections of an affected part would ensure an 
adequate level of safety. We note that the compliance time of 10,000 
total flight hours on the aft attach fitting assembly of the spoiler 
link, or 18 months after the effective date of this AD, whichever is 
later, should allow the majority of operators to comply with the 
requirements of this AD at a scheduled maintenance visit. In addition, 
we have determined from the parts manufacturer that an adequate supply 
of replacement parts exists to support replacing affected parts during 
a scheduled maintenance visit within the compliance time. We have not 
changed the AD in this regard. However, operators may request approval 
of an alternative method of compliance (AMOC) for the replacement in 
accordance with paragraph (i)(1) of this AD. The request must include 
data substantiating that the AMOC would provide an acceptable level of 
safety.

Request To Expand Applicability

    MAL is concerned about the possibility that the subject aft attach 
fitting assemblies of the spoiler link may be installed on other 
McDonnell Douglas Model DC-9 airplanes (e.g., Model DC-9-10, -20, -30, 
-40, or -50 series airplanes).
    We acknowledge MAL's concern, but note that the Parts Manufacturing 
Authority (PMA) supplement limits the installation of the subject parts 
to 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. Thus, the 
subject parts are not installed on any airplane models other than 
these. We have not changed the AD in this regard.

Request To Include Replacement Cost

    MAL, ATA, and Delta request that we revise the Costs of Compliance 
section of the proposed AD to include the cost of labor and parts 
associated with replacing the aft attach fitting assembly of the 
spoiler link. Delta notes that the proposed AD doesn't include any 
analysis of the cost of replacement if a subject assembly is installed. 
Delta believes that this information should be provided to operators.
    We do not concur. We acknowledge that replacing an affected 
assembly would take approximately 5 work hours, the cost of necessary 
parts would be $350, and that there are approximately 134 affected 
parts that were produced

[[Page 16210]]

and sold. However, the economic analysis of an AD is limited to the 
cost of actions that are actually required by the AD--in this case, the 
inspection to determine if a part is affected. The economic analysis 
does not consider the costs of conditional actions, such as replacing a 
part that is found to be affected. Such conditional actions would be 
required--regardless of AD direction--to correct an unsafe condition 
identified in an airplane and to ensure that the airplane is operated 
in an airworthy condition, as required by the Federal Aviation 
Regulations. We have not changed the AD in this regard.

Clarification of AMOC Paragraph

    We have revised this action to clarify the appropriate procedure 
for notifying the principal inspector before using any approved AMOC on 
any airplane to which the AMOC applies.

Conclusion

    We have carefully reviewed the available data, including the 
comments received, 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.

Costs of Compliance

    There are about 1,296 airplanes of the affected design in the 
worldwide fleet. This AD will affect about 738 airplanes of U.S. 
registry. The inspection to determine the part number of the aft attach 
fitting assembly of the spoiler link will 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 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 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 and placed it in the AD docket. 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2006-07-11 McDonnell Douglas: Amendment 39-14538. Docket No. FAA-
2005-22062; Directorate Identifier 2003-NM-219-AD.

Effective Date

    (a) This AD becomes effective May 5, 2006.

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 Service Bulletin 
DC9-27-01-AMI5139, Revision ``A,'' dated June 19, 2003. A review of 
airplane maintenance records is acceptable in lieu of this 
inspection if the part number of the assembly can be conclusively 
determined from that review.
    (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, or if 
the part number cannot be conclusively determined: 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. A 
review of airplane maintenance records is acceptable in lieu of this 
inspection if the lot number of the assembly can be conclusively 
determined from that review.

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 Service Bulletin DC9-27-01-AMI5139, 
Revision ``A,'' dated June 19, 2003, or if the part number and/or 
lot number cannot be conclusively determined: 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.

[[Page 16211]]

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 Service Bulletin DC9-27-01-
AMI5139, Revision ``A,'' dated June 19, 2003.

Alternative Methods of Compliance (AMOCs)

    (i)(1) 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.
    (2) Before using any AMOC approved in accordance with 14 CFR 
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Material Incorporated by Reference

    (j) You must use Aerotech Manufacturing Service Bulletin DC9-27-
01-AMI5139, Revision ``A,'' dated June 19, 2003; to perform the 
actions that are required by this AD, unless the AD specifies 
otherwise. The Director of the Federal Register approved the 
incorporation by reference of this document in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. Contact Aerotech Engineering, Inc., 
19655 Descartes, Foothill Ranch, California 92610; for a copy of 
this service information. You may review copies at the Docket 
Management Facility, U.S. Department of Transportation, 400 Seventh 
Street, SW., room PL-401, Nassif Building, Washington, DC; on the 
Internet at http://dms.dot.gov; or at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at the NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on March 17, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-3064 Filed 3-30-06; 8:45 am]
BILLING CODE 4910-13-P