[Federal Register Volume 61, Number 70 (Wednesday, April 10, 1996)]
[Rules and Regulations]
[Pages 15882-15884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8583]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 96-NM-55-AD; Amendment 39-9562; AD 96-07-51]
Airworthiness Directives; McDonnell Douglas Model DC-9 Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This document publishes in the Federal Register an amendment
adopting Airworthiness Directive (AD) T96-07-51 that was sent
previously to all known U.S. owners and operators of McDonnell Douglas
Model DC-9 series airplanes by individual telegrams. This AD requires
repetitive inspections to detect corrosion and cracking of the fuselage
upper skin and frames in the area of the loop antenna assemblies of the
automatic direction finder (ADF), and repair, if necessary. This
amendment is prompted by reports of severe corrosion and cracking found
in that area. The actions specified by this AD are intended to prevent
rapid decompression of the fuselage, significant structural damage, and
subsequent reduced structural integrity of the airplane, due to
problems associated with corrosion and fatigue cracking in the subject
area.
DATES: Effective April 15, 1996, to all persons except those persons to
whom it was made immediately effective by telegraphic AD T96-07-51,
issued March 22, 1996, which contained the requirements of this
amendment.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of April 15, 1996.
Comments for inclusion in the Rules Docket must be received on or
before June 10, 1996.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 96-NM-56-AD, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056.
The applicable service information may be obtained from McDonnell
Douglas Corporation, 3855 Lakewood Boulevard, Long Beach, California
90846, Attention: Technical Publications Business Administration, Dept.
C1-L51 (2-60). This information may be examined at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at
the FAA, Los Angeles Aircraft Certification Office, Transport Airplane
Directorate, 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: Wahib Mina, Aerospace Engineer,
Airframe Branch, ANM-120l, FAA, Transport Airplane Directorate, Los
Angeles Aircraft Certification Office, 3960 Paramount Boulevard,
Lakewood, California 90712; telephone (310) 627-5324; fax (310) 627-
5210.
SUPPLEMENTARY INFORMATION: On March 22, 1996, the FAA issued
telegraphic AD T96-07-51, which is applicable to certain McDonnell
Douglas Model DC-9 series airplanes. That action was prompted by a
recent report indicating that severe corrosion and a 39-inch crack of
the forward fuselage upper skin was found during scheduled maintenance
on a McDonnell Douglas Model DC-9-31 series airplane. The crack
originated under the loop antenna assemblies of the forward and aft
automatic direction finders (ADF). Subsequent inspection of the
adjacent structure revealed cracking of the fuselage frame at fuselage
station 275. The cracking found has been attributed to fatigue.
Corrosion and fatigue cracking in these areas, if not detected and
corrected in a timely manner, could result in rapid decompression of
the fuselage, significant damage to adjacent structure, and subsequent
reduced structural integrity of the airplane.
The FAA has reviewed and approved McDonnell Douglas Alert Service
Bulletin DC9-53A282, dated March 20, 1996, which describes procedures
for repetitive internal visual inspections to detect corrosion and
cracking of the fuselage forward upper skin, and to detect cracking of
the fuselage frames in the area of the loop antenna assemblies of the
forward and aft ADF. This alert service bulletin refers to the DC-9
Structural Repair Manual (SRM) for procedures to repair certain
corrosion or cracking.
Since the unsafe condition described is likely to exist or develop
on other airplanes of the same type design, the FAA issued Telegraphic
AD T96-07-51 to prevent rapid decompression of the fuselage,
significant structural damage, and subsequent reduced structural
integrity of the airplane, due to problems associated with corrosion
and fatigue cracking in the area of the loop antenna assemblies of the
forward and aft ADF. The AD requires repetitive internal visual
inspections to detect corrosion and cracking of the fuselage
[[Page 15883]]
forward upper skin and to detect cracking of the fuselage frames in the
subject area. This AD also requires repair of any corrosion or cracking
found. The inspections are required to be accomplished in accordance
with the alert service bulletin described previously. If cracking or
corrosion that is found that is within specified limits, it is required
to be repaired in accordance with the DC-9 SRM. However, if corrosion
or cracking is found that is outside specified limits, it is required
to be repaired in accordance with a method approved by the FAA.
Since it was found that immediate corrective action was required,
notice and opportunity for prior public comment thereon were
impracticable and contrary to the public interest, and good cause
existed to make the AD effective immediately by individual telegrams
issued on March 22, 1996, to all known U.S. owners and operators of
McDonnell Douglas Model DC-9 series airplanes. These conditions still
exist, and the AD is hereby published in the Federal Register as an
amendment to section 39.13 of the Federal Aviation Regulations (14 CFR
39.13) to make it effective to all persons.
This is considered to be interim action. The manufacturer has
advised that it is currently developing a modification that will
positively address the unsafe condition identified by this AD. Once
this modification is developed, approved, and available, the FAA may
consider further rulemaking.
Comments Invited
Although this action is in the form of a final rule that involves
requirements affecting flight safety and, thus, was not preceded by
notice and an opportunity for public comment, comments are invited on
this rule. Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments as they may desire.
Communications shall identify the Rules Docket number and be submitted
in triplicate to the address specified under the caption ADDRESSES. All
communications received on or before the closing date for comments will
be considered, and this rule may be amended in light of the comments
received. Factual information that supports the commenter's ideas and
suggestions is extremely helpful in evaluating the effectiveness of the
AD action and determining whether additional rulemaking action would be
needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. All comments submitted will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. A report that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 96-NM-55-AD.'' The postcard will be date stamped and
returned to the commenter.
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.
The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to correct an unsafe
condition in aircraft, and that it is not a ``significant regulatory
action'' under Executive Order 12866. It has been determined further
that this action involves an emergency regulation under DOT Regulatory
Policies and Procedures (44 FR 11034, February 26, 1979). If it is
determined that this emergency regulation otherwise would be
significant under DOT Regulatory Policies and Procedures, a final
regulatory evaluation will be prepared and placed in the Rules Docket.
A copy of it, if filed, 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:
96-07-51 McDonnell Douglas: Amendment 39-9562. Docket 96-NM-55-AD.
Applicability: Model DC-9 series airplanes having fuselage
numbers 001 through 631, inclusive; 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 (b) 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 prevent rapid decompression of the fuselage, significant
structural damage, and subsequent reduced structural integrity of
the airplane, due to problem associated with corrosion and fatigue
cracking, accomplish the following:
(a) Within 15 days after the effective date of this AD: Perform
an internal visual inspection to detect corrosion and cracking of
the fuselage forward upper skin and to detect cracking of the
fuselage frame in the area of the loop antenna assemblies of the
forward and aft automatic direction finder (ADF), in accordance with
McDonnell Douglas Alert Service Bulletin DC9-53A282, dated March 20,
1996.
(1) If no corrosion or cracking is detected: Repeat the
inspections required by paragraph (a) of this AD thereafter at
intervals not to exceed six months.
(2) If any corrosion or cracking is detected that is within the
limits specified in Chapter 53-04, Figure 29, of the DC-9 Structural
Repair Manual (SRM): Prior to further flight, repair in accordance
with Chapter 53-04, Figure 29, of the SRM. Repeat the inspection
required by paragraph (a) of this AD thereafter at intervals not to
exceed six months.
(3) If any corrosion or cracking is detected in the fuselage
forward upper skin, or if any cracking is detected in the fuselage
frame, and that corrosion or cracking is outside the limits
specified in Chapter 53-04, Figure 29, of the SRM: Prior to further
flight, repair in accordance with a method approved by the Manager,
Los Angeles Aircraft Certification Office (ACO), FAA, Transport
Airplane Directorate.
(b) 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, FAA, Transport
Airplane Directorate. Operators shall submit their requests through
an appropriate FAA Principal Maintenance Inspector, who may
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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.
(c) 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.
(d) The inspections shall be done in accordance with McDonnell
Douglas Alert Service Bulletin DC9-53A282, dated March 20, 1996.
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 McDonnell Douglas Corporation, 3855
Lakewood Boulevard, Long Beach, California 90846, Attention:
Technical Publications Business Administration, Dept. C1-L51 (2-60).
This information may be examined at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
FAA, Los Angeles Aircraft Certification Office, FAA, Transport
Airplane Directorate, 3960 Paramount Boulevard, Lakewood,
California; or at the Office of the Federal Register, 800 North
Capitol Street, NW., suite 700, Washington, DC.
(e) This amendment becomes effective on April 15, 1996, to all
persons except those persons to whom it was made immediately
effective by telegraphic AD T96-07-51, issued on March 22, 1996,
which contained the requirements of this amendment.
Issued in Renton, Washington, on March 28, 1996.
Bill R. Boxwell,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-8583 Filed 4-9-96; 8:45 am]
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