[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.      
------------------------------------------------------------------------

    (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 (N<INF>th) 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]
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