[Federal Register Volume 75, Number 150 (Thursday, August 5, 2010)]
[Proposed Rules]
[Pages 47242-47245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19292]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0705; Directorate Identifier 2009-NM-206-AD]
RIN 2120-AA64


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

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede an existing airworthiness 
directive (AD) that applies to certain 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. The existing AD currently requires repetitive high frequency 
eddy current inspections to detect cracking in the vertical radius

[[Page 47243]]

(also known as the ``vertical leg'') of the upper cap of the center 
wing rear spar, and repair if necessary. This proposed AD expands the 
area to be inspected by including inspections to detect cracking of the 
horizontal flange of the upper cap of the left and right center wing 
rear spar, and repair if necessary. This proposed AD also adds certain 
airplanes to the applicability. This proposed AD results from reports 
of cracking in the vertical radius of the upper cap of the center wing 
rear spar, and the horizontal flange on the inboard side of the rear 
spar upper cap, which resulted from stress corrosion. We are proposing 
this AD to detect and correct cracking in the vertical leg or the 
horizontal flange of the upper cap of the left or right center wing 
rear spar, which could cause a possible fuel leak, damage to the wing 
skin, and structural failure of the upper cap, and result in reduced 
structural integrity of the airplane.

DATES: We must receive comments on this proposed AD by September 20, 
2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, 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, Attention: Data & Services Management, 
3855 Lakewood Boulevard, MC D800-0019, Long Beach, California 90846-
0001; telephone 206-544-5000, extension 2; fax 206-766-5683; e-mail 
[email protected]; Internet https://www.myboeingfleet.com. You may 
review copies of the referenced service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, 
Washington. For information on the availability of this material at the 
FAA, call 425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (telephone 800-647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

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 send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-0705; 
Directorate Identifier 2009-NM-206-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    On November 1, 2004, we issued AD 2004-23-11, Amendment 39-13866 
(69 FR 65522, November 15, 2004), for certain 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 AD requires repetitive high frequency eddy current 
inspections to detect cracks in the vertical radius (also known as the 
``vertical leg'') of the upper cap of the center wing rear spar, and 
repair if necessary. That AD resulted from reports of cracks in the 
upper cap of the center wing rear spar that resulted from stress 
corrosion. We issued that AD to detect and correct cracking of the left 
or right upper cap of the center wing 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.

Actions Since Existing AD Was Issued

    Since we issued AD 2004-23-11, one operator reported finding two 
cracks in the horizontal flange on the inboard side of the rear spar 
upper cap, and Boeing's investigation determined that the cracks 
resulted from stress corrosion.

Relevant Service Information

    We have reviewed Boeing Service Bulletin DC9-57-223, Revision 1, 
dated August 13, 2009, which adds Model DC-9-15F airplanes to the 
applicability. The service bulletin describes procedures for doing 
repetitive high frequency eddy current inspections of the vertical leg 
and horizontal flange of the upper caps of the left and right center 
wing rear spar, inboard and outboard sides, of the bulkhead at wing 
station Xcw = 58.500 for cracking. The service bulletin specifies to 
contact Boeing for repair instructions if any cracking is found during 
the inspections. We referred to the original issue of the service 
bulletin for accomplishing the inspections required by AD 2004-23-11.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an 
unsafe condition that is likely to develop on other airplanes of the 
same type design. For this reason, we are proposing this AD, which 
would supersede AD 2004-23-11 and would continue to require repetitive 
high frequency eddy current inspections to detect cracks in the 
vertical radius (also known as the ``vertical leg'') of the upper cap 
of the center wing rear spar, and repair if necessary. This proposed AD 
would also require repetitive inspections for cracking in the 
horizontal flange of the upper cap of the left or right center wing 
rear spar, and repair if necessary.

Differences Between the Proposed AD and Service Information

    Where Boeing Service Bulletin DC9-57-223, Revision 1, dated August 
13, 2009, specifies to contact Boeing for repair instructions, this 
proposed AD requires operators to repair any cracking in accordance 
with a method approved in accordance with paragraph (k) of the AD.

Change to Existing AD

    This proposed AD would retain certain requirements of AD 2004-23-
11. Since AD 2004-23-11 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

[[Page 47244]]

proposed AD, as listed in the following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                            Corresponding requirement in
       Requirement in AD  2004-23-11              this proposed AD
------------------------------------------------------------------------
Paragraph (f).............................  paragraph (g).
Paragraph (g).............................  paragraph (h).
------------------------------------------------------------------------

Costs of Compliance

    There are approximately 510 airplanes of the affected design in the 
worldwide fleet. We estimate that 322 airplanes of U.S. registry would 
be affected by this proposed AD. The following table provides the 
estimated costs for U.S. operators to comply with this proposed AD.

                                                                     Estimated Costs
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                                                                                              Number of
                                                 Average                      Cost per          U.S.-
            Action               Work hours    labor rate       Parts         airplane       registered                     Fleet cost
                                                per hour                                      airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection....................            3           $85            $0   $255 per                  322   $82,110 per inspection cycle.
                                                                           inspection
                                                                           cycle.
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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 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.

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 39-13866 (69 FR 
65522, November 15, 2004) and adding the following new AD:

McDonnell Douglas Corporation: Docket No. FAA-2010-0705; Directorate 
Identifier 2009-NM-206-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by September 
20, 2010.

Affected ADs

    (b) This AD supersedes AD 2004-23-11, Amendment 39-13866.

Applicability

    (c) This AD applies to McDonnell Douglas Corporation Model DC-9-
14, DC-9-15, DC-9-15F, 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 
identified in Boeing Service Bulletin DC9-57-223, Revision 1, dated 
August 13, 2009.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Unsafe Condition

    (e) This AD results from reports of cracking in the vertical 
radius (also known as the ``vertical leg'') of the upper cap of the 
center wing rear spar, and the horizontal flange on the inboard side 
of the rear spar upper cap, which resulted from stress corrosion. 
The Federal Aviation Administration is issuing this AD to detect and 
correct cracking in the vertical leg or the horizontal flange of the 
upper cap of the left or right center wing rear spar, which could 
cause a possible fuel leak, damage to the wing skin, and structural 
failure of the upper cap, and result in reduced structural integrity 
of the airplane.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Restatement of Requirements of AD 2004-23-11, With Revised Service 
Information

Inspection

    (g) For all airplanes except Model DC-9-15F airplanes, at the 
later of the times specified in paragraphs (g)(1) and (g)(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; or Revision 1, dated 
August 13, 2009. After the effective date of this AD, only Revision 
1 may be used.
    (1) Before the accumulation of 25,000 total flight cycles.
    (2) Within 15,000 flight cycles or 5 years after December 20, 
2004 (the effective date of AD 2004-23-11), whichever occurs first.

Corrective Action

    (h)(1) If no crack is found during any inspection required by 
paragraph (g) of this AD, then repeat the inspection thereafter at

[[Page 47245]]

intervals not to exceed 15,000 flight cycles or 5 years, whichever 
occurs first, until the initial inspection required by paragraph (i) 
of this AD is done.
    (2) If any crack is found during the inspection required by 
paragraph (g) 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.

New Requirements of This AD

Inspection

    (i) At the later of the times specified in paragraphs (i)(1) and 
(i)(2) of this AD: Do a high frequency eddy current inspection to 
detect cracking in the vertical leg (also known as the ``vertical 
radius'') and horizontal flange of the left and right rear spar 
upper cap, inboard and outboard sides, at the bulkhead at wing 
station Xcw = 58.500, in accordance with the Accomplishment 
Instructions of Boeing Service Bulletin DC9-57-223, Revision 1, 
dated August 13, 2009. If no cracking is found, repeat the 
inspection thereafter at intervals not to exceed 15,000 flight 
cycles or 5 years, whichever occurs first. Accomplishment of the 
initial inspection required by paragraph (i) of this AD terminates 
the requirements of paragraphs (g) and (h)(1) of this AD.
    (1) Before the accumulation of 25,000 total flight cycles.
    (2) Within 15,000 flight cycles or 5 years after accomplishing 
the most recent high frequency eddy current inspection required by 
paragraph (g) of this AD, whichever occurs first.

Corrective Action

    (j) If any cracking is found during any inspection required by 
paragraph (i) of this AD, before further flight, repair the cracking 
using a method approved in accordance with the procedures specified 
in paragraph (k) of this AD.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, Los Angeles ACO, FAA, has the authority to 
approve AMOCs for this AD, if requested using the procedures found 
in 14 CFR 39.19. Send information to ATTN: Wahib Mina, Aerospace 
Engineer, Airframe Branch, ANM-120L, Los Angeles ACO, FAA, 3960 
Paramount Boulevard, Lakewood, California 90712-4137; telephone 
(562) 627-5324; fax (562) 627-5210.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically refer to this AD.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD if it is approved by the 
Boeing Commercial Airplanes Organization Designation Authorization 
(ODA) that has been authorized by the Manager, Los Angeles ACO, to 
make those findings. For a repair method to be approved, the repair 
must meet the certification basis of the airplane, and the approval 
must specifically refer to this AD.
    (4) AMOCs approved previously in accordance with AD 2004-23-11, 
Amendment 39-13866, are approved as AMOCs for the corresponding 
provisions of paragraph (h)(2) of this AD.

    Issued in Renton, Washington, on July 27, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.

[FR Doc. 2010-19292 Filed 8-4-10; 8:45 am]
BILLING CODE 4910-13-P