[Federal Register Volume 59, Number 200 (Tuesday, October 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25695]


[[Page Unknown]]

[Federal Register: October 18, 1994]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 94-NM-100-AD]

 

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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to McDonnell Douglas Model DC-9 and 
DC-9-80 series airplanes, Model MD-88 airplanes, and Model C-9 
(military) airplanes. This proposal would require inspection of the 
tailcone release locking cable fitting assembly, and replacement or 
modification of the assembly, if necessary. This proposal is prompted 
by reports of the inability of the tailcone to deploy because the 
swaged ball on the cable had jammed after passing into the release 
handle hole. The actions specified by the proposed AD are intended to 
prevent the inability of the tailcone to deploy, which could impede the 
egress of passengers from the airplane during an emergency evacuation.

DATES: Comments must be received by December 13, 1994.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 94-NM-100-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 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, Dept. 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, Los Angeles Aircraft Certification 
Office, Transport Airplane Directorate, 3229 East Spring Street, Long 
Beach, California.

FOR FURTHER INFORMATION CONTACT: Walter Eierman, Aerospace Engineer, 
Systems & Equipment Branch, ANM-130L, Los Angeles Aircraft 
Certification Office, FAA, Transport Airplane Directorate, 3229 East 
Spring Street, Long Beach, California 90806-2425; telephone (310) 988-
5336; fax (310) 988-5210.

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-100-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-100-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    One operator of McDonnell Douglas Model DC-9 series airplanes has 
reported that, while performing a functional drop test of the tailcone, 
the locking cable connected to the internal handle jammed inside the 
handle fitting assembly. This prevented the tailcone from deploying. 
Investigation revealed that the swaged ball on the cable had jammed 
after passing into the handle hole. This condition, if not corrected, 
could prevent the tailcone from deploying, which could impede the 
egress of passengers from the airplane during an emergency evacuation.
    The FAA has reviewed and approved McDonnell Douglas DC-9 Service 
Bulletin 53-269, dated August 11, 1994, which describes procedures for 
inspecting the tailcone release locking cable fitting assembly to 
determine if the swaged ball can enter the handle hole from the locking 
cable. It also describes procedures for replacing or modifying the 
fitting to ensure the proper operation of the assembly.
    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 require inspecting the tailcone release locking cable 
fitting assembly, and replacing or modifying fittings that do not 
operate properly. This proposed AD would also require the eventual 
replacement or modification of the fitting on all airplanes. The 
actions would be required to be accomplished in accordance with the 
service bulletin described previously.
    There are approximately 1,986 Model DC-9 and DC-9-80 series 
airplanes, Model MD-88 airplanes, and Model C-9 airplanes of the 
affected design in the worldwide fleet. The FAA estimates that 1,170 
airplanes of U.S. registry would be affected by this proposed AD.
    The proposed inspection would take approximately 2 work hours per 
airplane to accomplish, at an average labor rate of $55 per work hour. 
Based on these figures, the total cost impact of this proposed action 
on U.S. operators is estimated to be $128,700, or $110 per airplane.
    The proposed replacement or modification would take approximately 5 
work hours per airplane to accomplish, at an average labor rate of $55 
per work hour. Required parts would cost approximately $2,388 per 
airplane. Based on these figures, the total cost impact of this 
proposed action on U.S. operators is estimated to be $3,115,710, or 
$2,663 per airplane.
    The total cost impact figures discussed above are based on 
assumptions that no operator has yet accomplished any of the proposed 
requirements of this AD action, and that no operator would accomplish 
those actions in the future if this AD were not adopted.
    The FAA recognizes that the obligation to maintain aircraft in an 
airworthy condition is vital, but sometimes expensive. Because AD's 
require specific actions to address specific unsafe conditions, they 
appear to impose costs that would not otherwise be borne by operators. 
However, because of the general obligation of operators to maintain 
aircraft in an airworthy condition, this appearance is deceptive. 
Attributing those costs solely to the issuance of this AD is 
unrealistic because, in the interest of maintaining safe aircraft, most 
prudent operators would accomplish the required actions even if they 
were not required to do so by the AD.
    A full cost-benefit analysis has not been accomplished for this 
proposed AD. As a matter of law, in order to be airworthy, an aircraft 
must conform to its type design and be in a condition for safe 
operation. The type design is approved only after the FAA makes a 
determination that it complies with all applicable airworthiness 
requirements. In adopting and maintaining those requirements, the FAA 
has already made the determination that they establish a level of 
safety that is cost-beneficial. When the FAA, as in this proposed AD, 
makes a finding of an unsafe condition, this means that the original 
cost-beneficial level of safety is no longer being achieved and that 
the proposed actions are necessary to restore that level of safety. 
Because this level of safety has already been determined to be cost-
beneficial, a full cost-benefit analysis for this proposed AD would be 
redundant and unnecessary.
    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 adding the following new 
airworthiness directive:

McDonnell Douglas: Docket 94-NM-100-AD.

    Applicability: Model DC-9 series airplanes, Model DC-9-80 (MD-
80) series airplanes, Model MD-88 airplanes, and Model C-9 
(military) airplanes; as listed in McDonnell Douglas DC-9 Service 
Bulletin 53-269, dated August 11, 1994; certificated in any 
category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent the inability of the tailcone to deploy, which could 
impede the egress of passengers from the airplane during an 
emergency evacuation, accomplish the following:
    (a) Within 18 months after the effective date of this AD, 
inspect the tailcone release locking cable fitting assembly for 
proper operation in accordance with the procedures specified in 
McDonnell Douglas DC-9 Service Bulletin 53-269, dated August 11, 
1994. If the swaged ball on the cable can pass into the handle hole, 
prior to further flight, replace or modify the fitting assembly in 
accordance with the service bulletin.
    (b) Within 36 months after the effective date of this AD, 
replace or modify the fitting assembly in accordance with McDonnell 
Douglas DC-9 Service Bulletin 53-269, dated August 11, 1994. Such 
replacement or modification constitutes terminating action for the 
requirements of this AD.
    (c) 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: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Los Angeles ACO.

    (d) Special flight permits may be issued in accordance with 
Secs. 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 October 12, 1994.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 94-25695 Filed 10-17-94; 8:45 am]
BILLING CODE 4910-13-U