AD 96-23-07 R1

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

Final rule; request for comments.

96-23-07 R1 MCDONNELL DOUGLAS: Amendment 39-10110. Docket 96-NM-53-AD. Revises AD 96-23-07, Amendment 39-9812. \n\n\tApplicability: 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. \n\n\tNOTE 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. \n\n\tCompliance: Required as indicated, unless accomplished previously. \n\n\tTo 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: \n\n\tNOTE 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. \n\n\t(a)\tVisual/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. \n\n\t\t(1)\tFor airplanes that have accumulated less than 8,000 total landings as of December 19, 1996, (the effective date of AD 96-23-07): Perform the inspection prior to the accumulation of 10,000 landings or within 3,000 landings after December 19, 1996, whichever occurs later. \n\n\t\t(2)\tFor 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. \n\n\t\t(3)\tFor 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. \n\n\t\t(4)\tFor 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. \n\n\t(b)\tCondition 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. \n\n\t\t(1)\tCondition 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. \n\n\t\t(2)\tCondition 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. \n\n\t(c)\tCondition 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. \n\n\t\t(1)\tNo 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. \n\n\t\t(2)\tCondition 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. \n\n\t\t(3)\tCondition 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. \n\n\t\t\t(i)\tIf any crack progression is found during any repetitive eddy current inspection following accomplishment of the temporary repair, prior to furtherflight, 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. \n\n\tNOTE 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. \n\n\t\t\t(ii)\tIf 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. \n\n\t(d)\tReporting 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. \n\n\t(e)\tAn 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. \n\n\tNOTE 4: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Los Angeles ACO. \n\n\t(f)\tSpecial 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. \n\n\t(g)\tThe 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. \n\n\t(h)\tThis amendment becomes effective on September 4, 1997.

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. \n\nActions Since Issuance of Previous Rule \n\n\tSince 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. \n\nExplanation of Requirements of Rule \n\n\tSince 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. \n\nDetermination of Rule's Effective Date \n\n\tSince a situation exists that requires the immediate adoption of this regulation, it is found thatnotice and opportunity for prior public comment hereon are impracticable, and that good cause exists for making this amendment effective in less than 30 days. \n\nComments Invited \n\n\tAlthough 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. \n\n\tComments 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. \n\n\tCommenters 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. \n\nRegulatory Impact \n\n\tThe 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. \n\n\tThe 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." \n\nList of Subjects in 14 CFR Part 39 \n\n\tAir transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. \n\nAdoption of the Amendment \n\n\tAccordingly, 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: \n\nPART 39 - AIRWORTHINESS DIRECTIVES \n\n\t1. The authority citation for part 39 continues to read as follows: \n\nAuthority: 49 U.S.C. 106(g), 40113, 44701. \n\n§ 39.13 - (Amended) \n\n\t2. 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: