[Federal Register Volume 60, Number 94 (Tuesday, May 16, 1995)]
[Proposed Rules]
[Pages 26007-26010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11973]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 94-NM-195-AD]
Airworthiness Directives; McDonnell Douglas Model DC-9 Series
Airplanes and C-9 (Military) Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the supersedure of an existing
airworthiness directive (AD), applicable to McDonnell Douglas Model DC-
9 series airplanes and C-9 (military) airplanes, that currently
requires the implementation of a program of structural inspections to
detect and correct fatigue cracking in order to ensure the continued
airworthiness of these airplanes as they approach the manufacturer's
original fatigue design life goal. This action would require, among
other things, revision of the existing program to require additional
visual inspections of additional structure. This proposal is prompted
by new data submitted by the manufacturer indicating that certain
revisions to the program are necessary in order to increase the
confidence level of the statistical program to ensure timely detection
of cracks in various airplane structures. The actions specified by the
proposed AD are intended to prevent fatigue cracking that could
compromise the structural integrity of these airplanes.
DATES: Comments must be received by July 10, 1995.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 94-NM-195-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays.
The service information referenced in the proposed rule may be
obtained from McDonnell Douglas Corporation, 3855 Lakewood Boulevard,
Long Beach, California 90846, Attention: Technical Publications
Business Administration, Department C1-L51 (2-60). This
[[Page 26008]] information may be examined 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.
FOR FURTHER INFORMATION CONTACT: Sol Davis, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Transport Airplane Directorate, Los
Angeles Aircraft Certification Office, 3960 Paramount Boulevard,
Lakewood, California 90712-4137; telephone (310) 627-5233; fax (310)
627-5210.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed 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 above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this notice may be changed in
light of the comments received.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed 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 summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this notice must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 94-NM-195-AD.'' The postcard will be date stamped and
returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-103, Attention: Rules
Docket No. 94-NM-195-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
On January 20, 1994, the FAA issued AD 94-03-01, amendment 39-8807
(59 FR 6538, February 11, 1994), applicable to McDonnell Douglas Model
DC-9 series airplanes and C-9 (military) airplanes, to require
implementation of a program of structural inspections to detect and
correct fatigue cracking in order to ensure the continued airworthiness
of these airplanes as they approach the manufacturer's original fatigue
design life goal. That action was prompted by new data submitted by the
manufacturer indicating that certain revisions to the program are
necessary in order to increase the confidence level of the statistical
program to ensure timely detection of cracks in various airplane
structures. The requirements of that AD are intended to prevent fatigue
cracking that could compromise the structural integrity of these
airplanes.
The manufacturer has issued McDonnell Douglas Report No. L26-008,
``DC-9 Supplemental Inspection Document (SID),'' Volume I, Revision 4,
dated July 1993; Volume II-10/20, Revision 4, dated July 1993; Volume
II-20/30, Revision 5, dated July 1993; Volume II-40, Revision 4, dated
July 1993; Volume II-50, Revision 4, dated July 1993; and Volume III-
94, dated July 1994. These revisions of the SID revise the sampling
program by:
1. Deleting certain visual inspections and adding certain other
visual inspections of certain Principal Structural Elements (PSE's) on
certain airplanes listed in the SID planning data at least once during
the interval between the start date (SDATE) and the end date (EDATE)
established for each PSE (the visual inspections are defined in Volume
III-94, Revision Highlights.);
2. Reporting the results of the new visual inspections in addition
to those required by the existing AD; and
3. Increasing the sample size for one PSE.
The FAA has reviewed and approved the revised SID and has
determined that these revised procedures must be incorporated into the
affected operators' SID programs in order to provide an acceptable
level of confidence that cracks in PSE's do not exist in the fleet.
Such cracking could compromise the structural integrity of the
airplane.
Since an unsafe condition has been identified that is likely to
exist or develop on other products of this same type design, the
proposed AD would supersede AD 94-03-01 to require additional visual
inspections of certain PSE's on certain airplanes listed in the SID
planning data, a revision of the reporting requirements, and an
increase in the sample size for one PSE. The actions would be required
to be accomplished in accordance with the revised SID described
previously.
There are approximately 889 Model DC-9 series airplanes and C-9
(military) airplanes of the affected design in the worldwide fleet. The
FAA estimates that 568 airplanes of U.S. registry and 38 U.S. operators
would be affected by this proposed AD.
Incorporation of the SID program into an operator's maintenance
program, as required by AD 94-03-01, is estimated to necessitate 1,062
work hours (per operator), at an average labor rate of $60 per work
hour. Based on these figures, the cost to the 38 affected U.S.
operators to incorporate the SID program is estimated to be $2,421,360.
The incorporation of the revised procedures proposed in this AD
action would require approximately 20 additional work hours per
operator to accomplish, at an average labor rate of $60 per work hour.
Based on these figures, the cost to the 38 affected U.S. operators to
incorporate these revised procedures into the SID program into an
operator's maintenance program is estimated to be $45,600.
The recurring inspection costs, as required by AD 94-03-01, are
estimated to be 362 work hours per airplane per year, at an average
labor rate of $60 per work hour. Based on these figures, the recurring
inspection costs required by AD 94-03-01 are estimated to be $21,720
per airplane, or $12,336,960 for the affected U.S. fleet.
The recurring inspection procedures added to the program by this
proposed AD action would not add any new additional economic burden on
affected operators, since certain inspections would be added while
others would be deleted.
Based on the figures discussed above, the total cost impact of this
AD is estimated to be $12,382,560 for the first year, and $12,336,960
for each year thereafter. These ``total cost impact'' figures assume
that no operator has yet accomplished any of the requirements of this
AD. However, it can be reasonably assumed that a majority of the
affected operators has already initiated the SID program (as required
by AD 94-03-01).
Additionally, the number of required work hours for each proposed
inspection (and for the SID program), as indicated above, is presented
as if the accomplishment of those actions were to be conducted as
``stand alone'' actions. However, in actual practice, these actions for
the most part will be accomplished coincidentally or in combination
with normally scheduled airplane inspections and other maintenance
program tasks. Therefore, the actual number of necessary additional
work hours will be minimal in many instances. Further, any cost
associated with special airplane [[Page 26009]] scheduling can be
expected to be minimal.
The regulations proposed herein would 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
proposal would not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this 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) if promulgated, 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 copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
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. App. 1354(a), 1421 and 1423; 49 U.S.C.
106(g); and 14 CFR 11.89.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by removing amendment 39-8807 (59 FR
6538, February 11, 1994), and by adding a new airworthiness directive
(AD), to read as follows:
McDonnell Douglas: Docket 94-NM-195-AD. Supersedes AD 94-03-01,
Amendment 39-8807.
Applicability: Model DC-9-10, -20, -30, -40, and -50 series
airplanes, and C-9 (military) airplanes; certificated in any
category.
Compliance: Required as indicated, unless accomplished
previously.
To ensure the continuing structural integrity of these
airplanes, accomplish the following:
(a) Within six months after March 14, 1994 (the effective date
of AD 94-03-01, amendment 39-8807), incorporate a revision into the
FAA-approved maintenance inspection program which provides for
inspection(s) of the Principal Structural Elements (PSE) defined in
McDonnell Douglas Report No. L26-008, ``DC-9 Supplemental Inspection
Document (SID),'' Section 2 of Volume I of Revision 3, dated April
1991, in accordance with Section 2 of Volume III-92, dated July
1992, of the SID.
(1) Visual inspections of all PSE's on airplanes listed in
Volume III-92, dated July 1992, of the SID planning data, are
required by the fleet leader-operator sampling (FLOS) program at
least once during the interval between the start date (SDATE) and
the end date (EDATE) established for each PSE. These visual
inspections are defined in Section 3 of Volume II, dated April 1991,
of the SID, and are required only for those airplanes that have not
been inspected previously in accordance with Section 2 of Volume II,
dated April 1991, of the SID.
(2) The Non Destructive Inspection (NDI) techniques set forth in
Section 2 of Volume II, dated April 1991, of the SID provide
acceptable methods for accomplishing the inspections required by
this paragraph.
(3) All inspection results (negative or positive) must be
reported to McDonnell Douglas, in accordance with the instructions
contained in Section 2 of Volume III-92, dated July 1992, of the
SID. 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.
Note 1: Volume II, dated April 1991, of the SID is comprised of
the following:
------------------------------------------------------------------------
Revision
level
Volume designation shown on
volume
------------------------------------------------------------------------
Volume II-10/20.............................................. 3
Volume II-20/30.............................................. 4
Volume II-40................................................. 3
Volume II-50................................................. 3
------------------------------------------------------------------------
Note 2: NDI inspections accomplished in accordance with the
following Volume II of the SID provide acceptable methods for
accomplishing the inspections required by this paragraph:
------------------------------------------------------------------------
Volume designation Revision level- Date of revision
------------------------------------------------------------------------
Volume II-10/20-............ 3-.................. April 1991.
Volume II-10/20-............ 2-.................. April 1990.
Volume II-10/20-............ 1-.................. June 1989.
Volume II/20-............... Original............ November 1987.
Volume II-20/30-............ 4-.................. April 1991.
Volume II-20/30-............ 3-.................. April 1990.
Volume II-20/30-............ 2-.................. June 1989.
Volume II-20/30-............ 1-.................. November 1987.
Volume II-40-............... 3-.................. April 1991.
Volume II-40-............... 2-.................. April 1990.
Volume II-40-............... 1-.................. June 1989.
Volume II-40-............... Original............ November 1987.
Volume II-50-............... 3-.................. April 1991.
Volume II-50-............... 2-.................. April 1990.
Volume II-50-............... 1-.................. June 1989.
Volume II-50-............... Original............ November 1987.
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(b) Within 6 months after the effective date of this AD, replace
the revision of the FAA-approved maintenance inspection program
required by paragraph (a) of this AD, with a revision that provides
for inspection(s) of the PSE's defined in McDonnell Douglas Report
No. L26-008, ``DC-9 Supplemental Inspection Document (SID),''
Section 2 of Volume I of Revision 4, dated July 1993, in accordance
with Section 2 of Volume III-94, dated July 1994, of the SID.
(1) Prior to reaching the threshold (Nth) specified for any
PSE listed in Volume III-94, dated July 1994, of the SID, inspect
each PSE sample in accordance with the NDI procedures set forth in
Section 2 of Volume II, dated July 1993. Thereafter, repeat the
inspection of the PSE at intervals not to exceed DNDI/2 of the NDI
procedure that is specified in Volume III-94, dated July 1994, of
the SID. [[Page 26010]]
(2) The NDI techniques set forth in Section 2 of Volume II,
dated July 1993, of the SID provide acceptable methods for
accomplishing the inspections required by this paragraph.
(3) Visual inspections of all PSE's on airplanes listed in
Volume III-94, dated July 1994, of the SID planning data, are
required by the fleet leader-operator sampling (FLOS) program at
least once during the interval between the start date (SDATE) and
the end date (EDATE) established for each PSE. These visual
inspections are defined in Section 3 of Volume II, dated July 1993,
of the SID, and are required only for those airplanes that have not
been inspected previously in accordance with Section 2 of Volume II,
dated July 1993, of the SID.
(4) For those FLOS PSE's which do not have a Normal Maintenance
Visual Inspection specified in Section 3 of Volume II, dated July
1993, of the SID, the procedure for general visual inspection is as
follows: Perform an inspection of the general PSE area for
cleanliness, presence of foreign objects, security of parts, cracks,
corrosion, and damage.
(5) All inspection results (negative or positive) must be
reported to McDonnell Douglas, in accordance with the instructions
contained in Section 2 of Volume III-94, dated July 1994, of the
SID. 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.
Note 3: Volume II, dated July 1993, of the SID is comprised of
the following:
------------------------------------------------------------------------
Revision
level
Volume designation- shown on
volume
------------------------------------------------------------------------
Volume II-10/20-............................................. 4
Volume II-20/30-............................................. 5
Volume II-40-................................................ 4
Volume II-50-................................................ 4
------------------------------------------------------------------------
Note 4: NDI inspections accomplished in accordance with the
following Volume II of the SID provide acceptable methods for
accomplishing the inspections required by this paragraph:
------------------------------------------------------------------------
Volume designation- Revision level- Date of revision
------------------------------------------------------------------------
Volume II-10/20-............ 4-.................. July 1993.
Volume II-10/20-............ 3-.................. April 1991.
Volume II-10/20-............ 2-.................. April 1990.
Volume II-10/20-............ 1-.................. June 1989.
Volume II/20-............... Original............ November 1987.
Volume II-20/30-............ 5-.................. July 1993.
Volume II-20/30-............ 4-.................. April 1991.
Volume II-20/30 -........... 3-.................. April 1990.
Volume II-20/30-............ 2-.................. June 1989.
Volume II-20/30-............ 1-.................. November 1987.
Volume II-40-............... 4-.................. July 1993.
Volume II-40-............... 3-.................. April 1991.
Volume II-40-............... 2-.................. April 1990.
Volume II-40-............... 1-.................. June 1989.
Volume II-40-............... Original............ November 1987.
Volume II-50-............... 4-.................. July 1993.
Volume II-50-............... 3-.................. April 1991.
Volume II-50-............... 2-.................. April 1990.
Volume II-50-............... 1-.................. June 1989.
Volume II-50-............... Original............ November 1987.
------------------------------------------------------------------------
(c) Any cracked structure detected during the inspections
required by either paragraph (a) or (b) of this AD must be repaired
before further flight, in accordance with a method approved by the
Manager, Los Angeles Aircraft Certification Office (ACO), FAA,
Transport Airplane Directorate.
Note 5: Requests for approval of any PSE repair that would
affect the FAA-approved maintenance inspection program that is
required by this AD should include a damage tolerance assessment for
that PSE.
(d) 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. Alternative methods of compliance
previously granted for amendment 39-8807, AD 94-03-01, continue to
be considered as acceptable alternative methods of compliance with
this amendment.
Note 6: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Manager, Los Angeles ACO.
(e) 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.
Issued in Renton, Washington, on May 10, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 95-11973 Filed 5-15-95; 8:45 am]
BILLING CODE 4910-13-P
