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, 16208-16211 [06-3064]
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Federal Register / Vol. 71, No. 62 / Friday, March 31, 2006 / Rules and Regulations
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 the 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 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
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
hsrobinson on PROD1PC61 with RULES
Authority: 49 U.S.C. 106(g), 40113, 44701.
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by adding the following new
airworthiness directive (AD):
I
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Effective Date
(a) This AD becomes effective April 17,
2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to A300 B4–600, B4–
600R, and F4–600R series airplanes, and
Model C4–605R variant F airplanes
(collectively called A300–600 series
airplanes); certificated in any category;
except those on which Airbus Modification
8608 or 8609 is incorporated.
Unsafe Condition
(d) This AD results from reports of cracking
in the vertical web of the center spar sealing
angles of the wing earlier than the inspection
interval specified in AD 98–18–02,
amendment 39–10718. We are issuing this
AD to prevent crack formation in the sealing
angles; such cracks could rupture the sealing
angle and lead to subsequent crack formation
in the bottom skin of the wing, and resultant
reduced structural integrity of the center spar
section of the wing.
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.
Modification
(f) Within 500 flight cycles after the
effective date of this AD: Modify nine bolt
holes in the vertical flange of the center spar
sealing angles outboard of rib 8, adjacent to
the pylon attachment fitting, and do any
applicable related investigative and
corrective actions before further flight; by
doing all the actions in and in accordance
with the Accomplishment Instructions of
Airbus Service Bulletin A300–57–6033,
Revision 01, dated December 18, 2003. If any
crack is found during the related
investigative action: Before further flight,
repair in accordance with the
Accomplishment Instructions of Airbus
Service Bulletin A300–57–6027, Revision 06,
dated March 2, 2005.
No Reporting Required
(g) Although Airbus Service Bulletin
A300–57–6033, Revision 01, dated December
18, 2003, specifies to report crack findings to
the manufacturer, this AD does not include
that requirement.
I
§ 39.13
2006–07–07 Airbus: Amendment 39–14534.
Docket No. FAA–2006–24124;
Directorate Identifier 2004–NM–272–AD.
Alternative Methods of Compliance
(AMOCs)
(h)(1) The Manager, International Branch,
ANM–116, Transport Airplane Directorate,
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 § 39.19 on any airplane to
which the AMOC applies, notify the
appropriate principal inspector in the FAA
Flight Standards Certificate Holding District
Office.
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(3) Airbus Repair Drawing R571–40588 or
R571–40942, as referenced in paragraphs (c)
and (d) of AD 98–18–02, is an AMOC for the
modification in paragraph (f) of this AD.
Related Information
(i) French airworthiness directive 2003–
290(B) R1, dated October 1, 2003, also
addresses the subject of this AD.
Material Incorporated by Reference
(j) You must use Airbus Service Bulletin
A300–57–6027, Revision 06, dated March 2,
2005; and Airbus Service Bulletin A300–57–
6033, Revision 01, dated December 18, 2003;
as applicable; 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 these documents in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
Contact Airbus, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France, 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
https://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 https://www.archives.gov/
federal_register/code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on March
15, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 06–3063 Filed 3–30–06; 8:45 am]
BILLING CODE 4910–13–P
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
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
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
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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 https://
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:
hsrobinson on PROD1PC61 with RULES
Examining the Docket
You may examine the airworthiness
directive (AD) docket on the Internet at
https://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
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14:51 Mar 30, 2006
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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
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16209
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
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Federal Register / Vol. 71, No. 62 / Friday, March 31, 2006 / Rules and Regulations
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.
hsrobinson on PROD1PC61 with RULES
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
VerDate Aug<31>2005
14:51 Mar 30, 2006
Jkt 208001
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
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by adding the following new
airworthiness directive (AD):
I
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–
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Sfmt 4700
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.
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Federal Register / Vol. 71, No. 62 / Friday, March 31, 2006 / Rules and Regulations
Parts Installation
DEPARTMENT OF TRANSPORTATION
(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 DC9–27–01AMI5139, 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 https://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 https://
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]
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BILLING CODE 4910–13–P
VerDate Aug<31>2005
14:51 Mar 30, 2006
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Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–20918; Directorate
Identifier 2004–NM–269–AD; Amendment
39–14539; AD 2006–07–12]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 737–100, –200, –200C, –300,
–400, and –500 Series Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for all
Boeing Model 737–100, –200, –200C,
–300, –400, and –500 series airplanes.
This AD requires a one-time inspection
for scribe lines and cracks in the
fuselage skin at certain lap joints, butt
joints, external repair doublers, and
other areas; and related investigative/
corrective actions if necessary. This AD
results from reports of fuselage skin
cracks adjacent to the skin lap joints on
airplanes that had scribe lines. Scribe
line damage can also occur at many
other locations, including butt joints,
external doublers, door scuff plates, the
wing-to-body fairing, and areas of the
fuselage where decals have been applied
or removed. We are issuing this AD to
prevent rapid decompression of the
airplane due to fatigue cracks resulting
from scribe lines on pressurized
fuselage structure.
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 https://
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 Boeing Commercial
Airplanes, PO Box 3707, Seattle,
Washington 98124–2207, for service
information identified in this AD.
FOR FURTHER INFORMATION CONTACT: Sue
Lucier, Aerospace Engineer, Airframe
Branch, ANM–120S, FAA, Seattle
Aircraft Certification Office (ACO), 1601
Lind Avenue, SW., Renton, Washington
98055–4056; telephone (425) 917–6438;
fax (425) 917–6590.
SUPPLEMENTARY INFORMATION:
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16211
Examining the Docket
You may examine the airworthiness
directive (AD) docket on the Internet at
https://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 Boeing Model 737–100,
–200, –200C, –300, –400, and –500
series airplanes. That NPRM was
published in the Federal Register on
April 29, 2005 (70 FR 22272). That
NPRM proposed to require a one-time
inspection for scribe lines and cracks in
the fuselage skin at certain lap joints,
butt joints, external repair doublers, and
other areas; and related investigative/
corrective actions if necessary.
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comments received.
Support for Proposed AD
One commenter (AWAS Aviation
Services) agrees that fatigue cracks on
the fuselage should be addressed in a
suitable time period. The commenter
considers the proposed compliance time
acceptable.
Request To Consider Similar
Rulemaking for Other Airplanes
The National Transportation Safety
Board (NTSB) believes that the
proposed AD will address scribe-type
damage on the affected airplanes in a
timely manner. However, the NTSB is
concerned that this type of damage is
not limited to those airplanes, but could
be present on virtually every
pressurized airplane currently in
service. The NTSB urges the FAA to
examine similar rulemaking for other
makes and models of pressurized
airplanes.
We acknowledge the NTSB’s
concerns. This is a long-term durability
issue that is not limited to any
particular aircraft model. The effect on
each aircraft model will vary with each
model’s design characteristics and the
conditions to which they may be
operated. In support of this, we have
been in contact with other governing
regulatory agencies and other
manufacturers, and we may consider
E:\FR\FM\31MRR1.SGM
31MRR1
]]>Agencies
[Federal Register Volume 71, Number 62 (Friday, March 31, 2006)]
[Rules and Regulations]
[Pages 16208-16211]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3064]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://
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 https://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 https://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 https://
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
