[Federal Register Volume 64, Number 62 (Thursday, April 1, 1999)]
[Rules and Regulations]
[Pages 15657-15659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7691]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-NM-166-AD; Amendment 39-11099; AD 99-07-14]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model DC-9-80 Series
Airplanes, and Model MD-88 Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain McDonnell Douglas Model DC-9-80 series airplanes,
and Model MD-88 airplanes, that requires a one-time inspection to
detect corrosion of the lug bores and the surface of the hinge plates
of the vertical-to-horizontal stabilizer; and corrective actions, if
necessary. This amendment is prompted by reports of corrosion of the
lug bores and the surface of the hinge plates of the vertical-to-
horizontal stabilizer, apparently due to the improper brushing of
cadmium on the hinge plates during manufacture. The actions specified
by this AD are intended to detect and correct corrosion of the lug
bores and the surface of the hinge plates of the vertical-to-horizontal
stabilizer, which could result in reduced structural integrity of the
airplane.
DATES: Effective May 6, 1999.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of May 6, 1999.
ADDRESSES: The service information referenced in this AD may be
obtained from Boeing Commercial Aircraft Group, Long Beach Division,
3855 Lakewood Boulevard, Long Beach, California 90846, Attention:
Technical Publications Business Administration, Dept. C1-L51 (2-60).
This information may be examined at the Federal Aviation Administration
(FAA), Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue,
SW., Renton, Washington; or at the FAA, Transport Airplane Directorate,
Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard,
Lakewood, California; or at the Office of the Federal Register, 800
North Capitol Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Brent Bandley, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Transport Airplane Directorate, Los
Angeles Aircraft Certification Office, 3960 Paramount Boulevard,
Lakewood, California 90712-4137; telephone (562) 627-5237; fax (562)
627-5210.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain McDonnell Douglas Model
DC-9-80 series airplanes, and Model MD-88 airplanes was published in
the Federal Register on June 26, 1998 (63 FR 34832). That action
proposed to require a one-time inspection to detect corrosion of the
lug bores and the surface of the hinge plates of the vertical-to-
horizontal stabilizer; and corrective actions, if necessary.
Comments Received
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Support for the Proposed Rule
Two commenters support the proposed rule.
Requests To Revise Initial Inspection Method
Several commenters request that the FAA require, within 18 months,
an ``external'' visual inspection for evidence of corrosion of the
hinge plates with fairings removed. If corrosion is found during the
``external'' visual inspection, the commenters suggest that, prior to
further flight, the one-time visual inspection specified in paragraph
(a) of the proposed AD then be accomplished. If no corrosion is found
during the ``external'' visual inspection, the commenters suggest that
operators repeat the ``external'' visual inspection thereafter at
intervals not to exceed 18 months, until the one-time visual inspection
is accomplished within 6 years. The commenters state that because
removing the pivot pin and horizontal stabilizer to conduct the
proposed one-time visual inspection is very time consuming, it will
cause an
[[Page 15658]]
undue burden on operators. One commenter states that it will have to
special schedule its fleet of airplanes to accomplish the proposed
visual inspection within 18 months. In addition, one commenter states
that Boeing supports its inspection procedures and is prepared to
revise McDonnell Douglas Service Bulletin MD80-55-054, dated March 3,
1998 (which was referenced in the proposed AD as the appropriate source
of service information for accomplishment of the proposed actions).
The FAA concurs partially. The FAA acknowledges that the procedures
recommended by the commenters could be developed and implemented by the
manufacturer in a revised service bulletin. However, because a revised
service bulletin does not exist at this time, the FAA finds that no
change to the final rule is warranted. When the manufacturer does
revise the existing service bulletin, the FAA may approve that service
bulletin as an alternative method of compliance (AMOC) to the
requirements of this final rule.
Request To Include a Provision for Certain Inspections Performed
Previously
One commenter requests that the FAA revise the proposed AD to
include a provision for inspections of Significant Structural Items
(SSI) 55.11.053, 55.11.054, and 55.51.066 accomplished previously
within the last 18 months. The commenter states that the subject hinge
plates are inspected when SSI's are inspected. The FAA does not concur.
The FAA finds that the SSI inspections proposed by the commenter do not
adequately address the identified unsafe condition of this AD, because
they are much less rigorous than the inspections required in this AD.
However, under the provisions of paragraph (c) of the final rule, the
FAA may approve requests for alternative methods of compliance if data
are submitted to substantiate that such an alternative would provide an
acceptable level of safety.
Request To Delay Issuance of Final Rule
One commenter requests that the Structural Repair Manual (SRM) be
revised prior to issuance of the final rule. The commenter contends
that the SRM does not provide procedures for any protective finish
after corrosion removal is accomplished. The commenter suggests a
protective finish of fluid-resistant primer. The FAA concurs. The FAA
has verified with the manufacturer that a Temporary Revision to Chapter
55 of the SRM has been issued, which describes procedures for a
protective finish of fluid-resistant primer after corrosion removal and
deletes cadmium plating from the repair procedures. Accordingly, no
change to the final rule is necessary.
Conclusion
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule as proposed.
Cost Impact
There are approximately 1,059 airplanes of the affected design in
the worldwide fleet. The FAA estimates that 706 airplanes of U.S.
registry will be affected by this AD. It will take approximately 117
work hours per airplane (which includes removal and installation) to
accomplish the required inspection, at an average labor rate of $60 per
work hour. Based on these figures, the cost impact of the AD on U.S.
operators is estimated to be $4,956,120, or $7,020 per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the requirements of this AD
action, and that no operator would accomplish those actions in the
future if this AD were not adopted.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects 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. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new
airworthiness directive:
99-07-14 McDonnell Douglas: Amendment 39-11099. Docket 98-NM-166-
AD.
Applicability: Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83
(MD-83), and DC-9-87 (MD-87) series airplanes, and Model MD-88
airplanes; as listed in McDonnell Douglas Service Bulletin MD80-55-
054, dated March 3, 1998; certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (c) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To detect and correct corrosion of the lug bores and the surface
of the hinge plates of the vertical-to-horizontal stabilizer, which
could result in reduced structural integrity of the airplane,
accomplish the following:
(a) Within 18 months after the effective date of this AD,
perform a one-time visual inspection to detect corrosion of the lug
bores and the surface of the hinge plates of the vertical-to-
horizontal stabilizer, in accordance with McDonnell Douglas Service
Bulletin MD80-55-054, dated March 3, 1998.
(1) Condition 1: If no corrosion is detected, no further action
is required by this paragraph.
(2) Condition 2: If any corrosion is detected that is within the
limits specified in the Structural Repair Manual, prior to further
flight, remove the corrosion in accordance with the service
bulletin.
(3) Condition 3: If any corrosion is detected that exceeds the
limits specified in the
[[Page 15659]]
Structural Repair Manual, prior to further flight, replace the hinge
plates with new parts, in accordance with the service bulletin.
(b) Within 10 days after accomplishing the inspection required
by paragraph (a) of this AD, or within 10 days after the effective
date of this AD, whichever occurs later, submit a report of the
inspection results (both positive and negative findings) to the
Manager, Los Angeles Aircraft Certification Office (ACO), FAA,
Transport Airplane Directorate, 3960 Paramount Boulevard, Lakewood,
California 90712-4137; fax (562) 627-5210. Information collection
requirements contained in this regulation have been approved by the
Office of Management and Budget (OMB) under the provisions of the
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.) and have
been assigned OMB Control Number 2120-0056.
(c) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Los Angeles ACO. Operators shall
submit their requests through an appropriate FAA Principal
Maintenance Inspector, who may add comments and then send it to the
Manager, Los Angeles ACO.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Los Angeles ACO.
(d) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(e) Except as provided by paragraph (b) of this AD, the actions
shall be done in accordance with McDonnell Douglas Service Bulletin
MD80-55-054, dated March 3, 1998. This incorporation by reference
was approved by the Director of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from
Boeing Commercial Aircraft Group, Long Beach Division, 3855 Lakewood
Boulevard, Long Beach, California 90846, Attention: Technical
Publications Business Administration, Dept. C1-L51 (2-60). Copies
may be inspected at the FAA, Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington; or at the FAA, Transport
Airplane Directorate, Los Angeles Aircraft Certification Office,
3960 Paramount Boulevard, Lakewood, California; or at the Office of
the Federal Register, 800 North Capitol Street, NW., suite 700,
Washington, DC.
(f) This amendment becomes effective on May 6, 1999.
Issued in Renton, Washington, on March 23, 1999.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 99-7691 Filed 3-31-99; 8:45 am]
BILLING CODE 4910-13-U
