[Federal Register Volume 62, Number 161 (Wednesday, August 20, 1997)]
[Rules and Regulations]
[Pages 44208-44211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22042]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96-NM-53-AD; Amendment 39-10110; AD 96-23-07 R1]
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; request for comments.

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SUMMARY: This amendment revises an existing airworthiness directive 
(AD), applicable to certain McDonnell

[[Page 44209]]

Douglas Model DC-9-80 series airplanes and Model MD-88 airplanes, that 
currently requires visual/dye penetrant and ultrasonic inspections to 
detect cracks in the vertical leg of the rear spar lower cap of the 
wings, and various follow-on actions. This amendment is prompted by the 
necessity to provide the current address of the FAA office that 
receives the results of reporting requirements of this AD. The actions 
specified in this AD are intended to prevent fatigue cracking in the 
vertical leg of the rear spar lower cap of the wing, which, if not 
detected and corrected in a timely manner, could result in loss of the 
spar cap, and consequent damage to the spar cap web and adjacent wing 
skin structure; this condition could lead to reduced structural 
integrity of the wing.

DATES: Effective September 4, 1997.
    The incorporation by reference of certain publications listed in 
the regulations was approved previously by the Director of the Federal 
Register as of December 19, 1996, (61 58323, November 14, 1996).
    Comments for inclusion in the Rules Docket must be received on or 
before October 20, 1997.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 96-NM-53-AD, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056.
    The service information referenced in this AD may be obtained from 
McDonnel Douglas Corporation, 3855 Lakewood Boulevard, Long Beach, 
California 90846, Attention: Technical Publications Business 
Administration, Department 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, 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, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712; telephone 
(562) 627-5237; fax (562) 627-5210.

SUPPLEMENTARY INFORMATION: On November 5, 1996, the FAA issued AD 96-
23-07, amendment 39-9812 (61 FR 58323, dated November 14, 1996), 
applicable to certain McDonnell Douglas Model DC-9-80 series airplanes 
and Model MD-88 airplanes, to require visual/dye penetrant and 
ultrasonic inspections to detect cracks in the vertical leg of the rear 
spar lower cap of the wings, and various follow-on actions. That action 
was prompted by reports indicating that, due to improper torque 
tightening of the attach studs of the flap hinge fitting, fatigue 
cracks were found in the vertical leg of the rear spar lower cap of the 
wing. The actions required by that AD are intended to prevent such 
fatigue cracking, which, if not detected and corrected in a timely 
manner, could result in loss of the spar cap, and consequent damage to 
the spar cap web and adjacent wing skin structure; this condition could 
lead to reduced structural integrity of the wing.

Actions Since Issuance of Previous Rule

    Since the issuance of that AD, the FAA notes that the FAA office 
(referenced as the address to provide certain results of reporting 
requirements) has a new address, new phone number, and a new facsimile 
number. The FAA has determined that the new address is pertinent 
information necessary to readily permit compliance with the reporting 
requirements of this AD. Therefore, the FAA has revised the final rule 
to reflect the current address of the appropriate FAA office. In all 
other respects, this AD remains unchanged.

Explanation of Requirements of Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of this same type design, this AD 
revises AD 96-23-07 to specify the current address of the referenced 
FAA office to assist operators in readily meeting the reporting 
requirements of this AD.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

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-53-AD.'' The postcard will be date stamped and 
returned to the commenter.

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.
    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.

[[Page 44210]]

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 removing amendment 39-9812 (61 FR 
58323, dated November 14, 1996), and by adding a new airworthiness 
directive (AD), amendment 39-10110, to read as follows:

96-23-07 R1  McDonnell Douglas: Amendment 39-10110. Docket 96-NM-53-
AD. Revises AD 96-23-07, Amendment 39-9812.

    Applicability: Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 
(MD-83), DC-9-87 (MD-87) series airplanes and Model MD-88 airplanes, 
as listed in McDonnell Douglas MD-80 Service Bulletin 57-184, 
Revision 1, dated December 22, 1994; 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 (e) 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 fatigue cracking in the vertical leg of the rear spar 
lower cap of the wing, which could lead to reduced structural 
integrity of the wing, accomplish the following:

    Note 2: Actions specified in this AD that have been performed 
prior to the effective date in accordance with McDonnell Douglas MD-
80 Service Bulletin 57-184, dated March 16, 1989, are considered 
acceptable for compliance with the applicable requirement of this 
AD.

    (a)  Visual/Dye Penetrant Inspection and Ultrasonic Inspection. 
Perform visual/dye penetrant and ultrasonic inspections to detect 
cracks in the vertical leg of the rear spar lower cap of the wings 
below and in the adjacent area of the two lower attaching stud holes 
for the inboard hinge fitting of the outboard flap at station 
Xrs=164.000, in accordance with McDonnell Douglas MD-80 Service 
Bulletin 57-184, Revision 1, dated December 22, 1994; at the time 
specified in paragraph (a)(1), (a)(2), (a)(3), or (a)(4) of this AD, 
as applicable.
    (1) For airplanes that have accumulated less than 8,000 total 
landings as of December 19, 1996, (the effective date of AD 96-23-
01): Perform the inspection prior to the accumulation of 10,000 
landings or within 3,000 landings after December 19, 1996, whichever 
occurs later.
    (2) For airplanes that have accumulated 8,000 or more total 
landings but less than 10,000 total landings as of December 19, 
1996: Perform the inspection within 3,000 landings after December 
19, 1996.
    (3) For airplanes that have accumulated 10,000 or more total 
landings but less than 15,000 total landings as of December 19, 
1996: Perform the inspection within 2,400 landings after December 
19, 1996.
    (4) For airplanes that have accumulated 15,000 or more total 
landings as of December 19, 1996: Perform the inspection within 
1,800 landings after December 19, 1996.
    (b) Condition 1 (No Cracks). If no crack is detected during any 
inspection required by paragraph (a) of this AD, accomplish the 
requirements of either paragraph (b)(1) or (b)(2) of this AD, in 
accordance with McDonnell Douglas MD-80 Service Bulletin 57-184, 
Revision 1, dated December 22, 1994.
    (1) Condition 1, Option 1 (Terminating Action). Prior to further 
flight, tighten the four mounting studs of the flap hinge fitting in 
the rear spar caps (2 studs in the upper cap and 2 studs in the 
lower cap) to the applicable torque value, in accordance with the 
service bulletin. Accomplishment of this tightening of the mounting 
studs of the flap hinge fitting constitutes terminating action for 
the repetitive inspection requirements of paragraph (b)(2) of this 
AD.
    (2) Condition 1, Option 2 (Repetitive Inspection). Repeat the 
visual/dye penetrant and ultrasonic inspections required by 
paragraph (a) of this AD thereafter at intervals not to exceed 3,000 
landings until paragraph (b)(1) of this AD is accomplished.
    (c) Condition 2 (Cracks). If any crack is detected during any 
inspection required by paragraph (a) or (b)(2) of this AD, prior to 
further flight, perform a high frequency eddy current inspection to 
confirm the existence of cracking, in accordance with McDonnell 
Douglas MD-80 Service Bulletin 57-184, Revision 1, dated December 
22, 1994. After this inspection, accomplish the requirements of 
either paragraph (c)(1), (c)(2), or (c)(3) of this AD, as 
applicable.
    (1) No Cracking Confirmed. If no cracking is confirmed, 
accomplish the requirements of either paragraph (b)(1) [``Condition 
1, Option 1 (Terminating Action)''] or (b)(2) [``Condition 1, Option 
2 (Repetitive Inspection)''] of this AD.
    (2) Condition 2, Option 1 (Permanent Repair). If any cracking is 
confirmed, prior to further flight, replace the entire spar cap or 
accomplish the permanent splice repair of the spar cap, and tighten 
the four mounting studs of the flap hinge fitting in the rear spar 
caps (2 studs in the upper cap and 2 studs in the lower cap) to the 
applicable torque value, in accordance with the service bulletin. 
Accomplishment of this tightening of the mounting studs constitutes 
terminating action for the repetitive inspection requirements of 
paragraph (c)(3) of this AD.
    (3) Condition 2, Option 2 (Temporary Repair). If cracking is 
confirmed and it does not extend beyond the location limits and does 
not exceed the maximum permissible crack length of 2 inches, prior 
to further flight, accomplish the temporary repair modification of 
the spar cap in accordance with the service bulletin. Thereafter, 
repeat the eddy current inspection at intervals not to exceed 3,000 
landings until paragraph (c)(2) of this AD is accomplished.
    (i) If any crack progression is found during any repetitive eddy 
current inspection following accomplishment of the temporary repair, 
prior to further flight, contact the Manager, Los Angeles Aircraft 
Certification Office (ACO), FAA, Transport Airplane Directorate, 
telephone (562) 627-5237, fax (562) 627-5210, to establish the 
appropriate repair or replacement interval.

    Note 3: Operators should note that, unlike the recommended 
compliance time of ``within 3,000 landings after discovery of 
cracking,'' which is specified in the service bulletin as the time 
for accomplishing the permanent splice repair or replacement of the 
spar cap, this AD requires that operators contact the FAA prior to 
further flight. The FAA finds that the repair/replacement interval 
should be established based on the crack progression. Where there 
are differences between the AD and the service bulletin in this 
regard, the AD prevails.

    (ii) If any new crack is found during any repetitive eddy 
current inspection following accomplishment of the temporary repair, 
prior to further flight, accomplish the permanent repair in 
accordance with the service bulletin.
    (d) Reporting Requirement. Within 10 days after accomplishing 
the initial visual/dye penetrant and ultrasonic inspections required 
by paragraph (a) of this AD, submit a report of the inspection 
results (both positive and negative findings) to the Manager, Los 
Angeles ACO, FAA, Transport Airplane Directorate, Los Angeles 
Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, 
California 90712-4137; telephone (562) 627-5237; 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.
    (e) 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.


[[Page 44211]]


    Note 4: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Los Angeles ACO.

    (f) 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.
    (g) The actions shall be done in accordance with McDonnell 
Douglas MD-80 Service Bulletin 57-184, Revision 1, dated December 
22, 1994. This incorporation by reference was approved previously by 
the Director of the Federal Register in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51, as of December 19, 1996 (61 FR 58323, 
November 14, 1996). Copies may be obtained from McDonnell Douglas 
Corporation, 3855 Lakewood Boulevard, Long Beach, California 90846, 
Attention: Technical Publications Business Administration, 
Department C1-L51 (2-60). Copies may be inspected at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or at the FAA, 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.
    (h) This amendment becomes effective on September 4, 1997.

    Issued in Renton, Washington, on August 13, 1997.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-22042 Filed 8-19-97; 8:45 am]
BILLING CODE 4910-13-U