[Federal Register Volume 59, Number 31 (Tuesday, February 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3462]


[[Page Unknown]]

[Federal Register: February 15, 1994]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 93-NM-156-AD]

 

Airworthiness Directives; McDonnell Douglas Model DC-8, DC-9, and 
DC-9-80 Series Airplanes; Model MD-88 Airplanes; and C-9 (Military) 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking; reopening of 
comment period.

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SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD), applicable to certain McDonnell Douglas Model DC-8, DC-
9, and DC-9-80 series airplanes; Model MD-88 airplanes; and C-9 
(military) airplanes, that would have required inspection of the center 
and side windshields, and replacement of discrepant windshields. That 
proposal was prompted by reports that the core ply of certain 
windshields were incorrectly tempered during the manufacturing process. 
This action revises the proposed rule by adding another windshield to 
the list of suitable replacement windshields and referencing the part 
number for the left side windshield. The actions specified by this 
proposed AD are intended to prevent failure of the windshield.

DATES: Comments must be received by March 17, 1994.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 93-NM-156-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, P.O. Box 1771, Long Beach, 
California 90801-1771, Attention: Business Unit Manager, Technical 
Administrative Support, Department L51, M.C. 2-98. This information may 
be examined at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington; or at FAA, Transport Airplane 
Directorate, Los Angeles Aircraft Certification Office, 3229 East 
Spring Street, Long Beach, California.

FOR FURTHER INFORMATION CONTACT: David Hempe, Aerospace Engineer, 
Airframe Branch, ANM-122L, FAA, Transport Airplane Directorate, Los 
Angeles Aircraft Certification Office, 3229 East Spring Street, Long 
Beach, California 90806-2425; telephone (310) 988-5224; fax (310) 988-
5210; or Mike Lee, Aerospace Engineer, Airframe Branch, ANM-122L, FAA, 
Transport Airplane Directorate, Los Angeles Aircraft Certification 
Office, 3229 East Spring Street, Long Beach, California 90806-2425; 
telephone (310) 988-5325; fax (310) 988-5210.

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 93-NM-156-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. 93-NM-156-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion -

    A proposal to amend part 39 of the Federal Aviation Regulations to 
add an airworthiness directive (AD), applicable to certain McDonnell 
Douglas Model DC-8, DC-9, and DC-9-80 series airplanes; Model MD-88 
airplanes; and C-9 (military) airplanes, was published as a notice of 
proposed rulemaking (NPRM) in the Federal Register on October 13, 1993 
(58 FR 52932). That NPRM would have required inspection of the center 
and side windshields, and replacement of discrepant windshields. That 
NPRM was prompted by reports that the core ply of certain windshields 
were incorrectly tempered during the manufacturing process. That 
condition, if not corrected, could result in failure of the windshield. 
-
    Since the issuance of that NPRM, the FAA has received several 
comments from the manufacturer that have caused the FAA to reconsider 
its position on certain aspects of the proposed rule. -
    McDonnell Douglas points out that Revision 2 of McDonnell Douglas 
Alert Service Bulletins A56-16, dated December 13, 1993 (for Model DC-8 
series airplanes), and A56-15, dated November 9, 1993 (for Model DC-9 
series airplanes), lists another alternative for a suitable windshield 
replacement. McDonnell Douglas requests that paragraphs (a)(2) and 
(b)(2) of the proposal be revised to include windshields manufactured 
by Pilkington Aerospace after October 1993 as suitable replacement 
windshields. The FAA concurs. The FAA has verified that Pilkington 
Aerospace has revised its manufacturing process that previously 
produced incorrectly tempered core plies in these windshields. 
Therefore, the FAA has determined that center and side windshields 
manufactured by Pilkington Aerospace after September 30, 1993, are 
acceptable replacements for discrepant windshields. Paragraphs 
(a)(2)(iii) and (b)(2)(iii) have been added to this supplemental NPRM 
to include this third alternative to the list of acceptable replacement 
windshields. -
    The FAA has reviewed and approved Revision 2 of McDonnell Douglas 
Alert Service Bulletins A56-16, dated December 13, 1993 (for Model DC-8 
series airplanes), and A56-15, dated November 9, 1993 (for Model DC-9 
series airplanes), that describe procedures to inspect and replace 
center windshields (for Model DC-8 series airplanes), and center and 
side windshields (for Model DC-9 series airplanes) that were 
manufactured by Pilkington Aerospace. The service bulletins list the 
following windshields as acceptable replacement windshields:
    1. Windshields that have not been manufactured by Pilkington 
Aerospace.
    2. Windshields that have been manufactured by Pilkington, but have 
been recertified and re-identified.
    3. Windshields that have been manufactured by Pilkington after 
September 30, 1993.
    Paragraphs (a) and (b) of this supplemental NPRM have been revised 
to reference this revision of the service bulletins as the appropriate 
source of service information. Additionally, a note has been added to 
the compliance section of this supplemental NPRM to indicate that 
accomplishment of the requirements contained in previous revisions of 
these service bulletins would constitute compliance with the 
requirements of this AD.
    Further, the manufacturer indicates that paragraphs (b) and (c) of 
the proposal only list the part number for the right side windshield 
for the inspection and replacement requirements. McDonnell Douglas 
requests to revise the rule by including the left side windshield, part 
number 5912290-502, for inspection and replacment. The FAA concurs. 
References to inspection and replacement of the left side windshield 
were inadvertently omitted from the NPRM; therefore, paragraphs (b) and 
(c) of this supplemental NPRM have been revised to add these 
requirements and part number references.
    Since these changes expand the scope of the originally proposed 
rule, the FAA has determined that it is necessary to reopen the comment 
period to provide additional opportunity for public comment.
    There are approximately 235 Model DC-8 series airplanes of the 
affected design in the worldwide fleet. The FAA estimates that 140 
airplanes of U.S. registry would be affected by this proposed AD, that 
it would take approximately 0.5 work hour per airplane to accomplish 
the proposed inspection, and that the average labor rate is $55 per 
work hour. Based on these figures, the total cost impact of the 
proposed AD on U.S. operators of Model DC-8 series airplanes is 
estimated to be $3,850, or $27.50 per airplane. This total cost figure 
assumes that no operator has yet accomplished the proposed requirements 
of this AD action.
    There are approximately 1,978 Model DC-9 and DC-9-80 series 
airplanes, Model MD-88 airplanes, and C-9 (military) airplanes of the 
affected design in the worldwide fleet. The FAA estimates that 1,079 
airplanes of U.S. registry would be affected by this proposed AD, that 
it would take approximately 0.5 work hour per airplane to accomplish 
the proposed inspection, and that the average labor rate is $55 per 
work hour. Based on these figures, the total cost impact of the 
proposed AD on U.S. operators of Model DC-9 and DC-9-80 series 
airplanes, Model MD-88 airplanes, and C-9 (military) airplanes is 
estimated to be $29,673, or $27.50 per airplane. This total cost figure 
assumes that no operator has yet accomplished the proposed requirements 
of this AD action.
    Based on the figures discussed above, the total cost impact of the 
proposed inspection actions on U.S. operators is estimated to be 
$33,523. This total cost figure assumes that no operator has yet 
accomplished the proposed requirements of this AD action.
    Should an inspection reveal that a discrepant windshield was 
installed, the replacement of that windshield would require 
approximately 10 additional work hours to accomplish, at an average 
labor rate of $55 per work hour. Required replacement parts would be 
provided at no cost to operators. Based on these figures, the total 
cost impact for the replacement of discrepant windshields for U.S. 
operators would be $550 per airplane.
    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 14 
CFR part 39 of the Federal Aviation Regulations 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.


39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

    McDonnell Douglas: Docket 93-NM-156-AD.

    Applicability: Model DC-8-60 and -70 series airplanes on which 
the center windshield has been replaced after February 1992; and 
Model DC-9-10, -20, -30, -40, and -50 series airplanes, Model DC-9-
81, -82, -83, and -87 airplanes, Model MD-88 airplanes, and C-9 
(military) airplanes, on which the center and/or side windshield(s) 
has been replaced after February 1992; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.

    Note 1: Replacement of any subject windshield that has been 
accomplished prior to the effective date of this amendment in 
accordance with McDonnell Douglas DC-8 Service Bulletin A56-16, 
dated June 15, 1993, or Revision 1, dated July 1, 1993 (for Model 
DC-8 series airplanes); or McDonnell Douglas DC-9 Alert Service 
Bulletin A56-15, dated June 15, 1993, or Revision 1, dated September 
15, 1993; is considered acceptable for compliance with the 
applicable action specified in this amendment.

    To prevent failure of the windshield, accomplish the following:
    (a) For Model DC-8-60 and -70 series airplanes: Within 30 days 
after the effective date of this AD, perform a visual inspection of 
the center windshield to determine the manufacturer.
    (1) If the windshield was not manufactured by Pilkington 
Aerospace: No further action is required by this AD.
    (2) If the center windshield, part number 5887275-501, was 
manufactured by Pilkington Aerospace: Prior to further flight, 
replace the center windshield with one of the windshields specified 
in paragraph (a)(2)(i), (a)(2)(ii), or (a)(2)(iii) of this AD, in 
accordance with McDonnell Douglas DC-8 Alert Service Bulletin A56-
16, Revision 2, dated December 13, 1993.
    (i) A center windshield that was not manufactured by Pilkington 
Aerospace; or
    (ii) A center windshield that has been manufactured by 
Pilkington Aerospace, but recertified and re-identified by 
Pilkington Aerospace.
    (iii) A center windshield that was manufactured by Pilkington 
Aerospace after September 30, 1993.
    (b) For Model DC-9-10, -20, -30, -40, and -50 series airplanes; 
Model DC-9-81, -82, -83, and -87 airplanes; Model MD-88 airplanes; 
and C-9 (military) airplanes: Within 30 days after the effective 
date of this AD, perform a visual inspection of the center 
windshield and side windshield to determine the manufacturer.
    (1) If the center and side windshields were not manufactured by 
Pilkington Aerospace: No further action is required by this AD.
    (2) If the center windshield, part number 5887275-501, or side 
windshields, part numbers 5912290-501 and 5912290-502, were 
manufactured by Pilkington Aerospace: Prior to further flight, 
replace the center and/or side windshield(s) with one of the 
windshields specified in paragraph (b)(2)(i), (b)(2)(ii), or 
(b)(2)(iii) of this AD, in accordance with McDonnell Douglas DC-9 
Alert Service Bulletin A56-15, Revision 2, dated November 9, 1993.
    (i) A center and/or side windshield(s) that was not manufactured 
by Pilkington Aerospace; or
    (ii) A center and/or side windshield(s) that has been 
manufactured by Pilkington Aerospace, but recertified and re-
identified by Pilkington Aerospace.
    (iii) A center and/or side windshield(s) that was manufactured 
by Pilkington after September 30, 1993.
    (c) As of the effective date of this AD, no person shall install 
on any airplane a center windshield, part number 5887275-501, or 
side windshields, part numbers 5912290-501 and 5912290-502, that 
have been manufactured by Pilkington Aerospace between February 1, 
1992 and September 30, 1993. Those windshields must be recertified 
and re-identified by Pilkington Aerospace before use.
    (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 Aircraft Certification 
Office (ACO), FAA, Transport Airplane Directorate. 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.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Los Angeles ACO.

    (e) Special flight permits may be issued in accordance with FAR 
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 February 9, 1994.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 94-3462 Filed 2-14-94; 8:45 am]
BILLING CODE 4910-13-U