[Federal Register Volume 60, Number 13 (Friday, January 20, 1995)]
[Rules and Regulations]
[Pages 4074-4076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-792]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 94-NM-100-AD; Amendment 39-9121; AD 95-02-02]


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: Final rule.

-----------------------------------------------------------------------

SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to McDonnell Douglas Model DC-9 and DC-9-80 series 
airplanes, Model MD-88 airplanes, and Model C-9 (military) airplanes, 
that requires inspection of the tailcone release locking cable fitting 
assembly, and replacement or modification of the assembly, if 
necessary. This amendment 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 
this 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: Effective February 21, 1995.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of February 21, 1995.

ADDRESSES: The service information referenced in this AD 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 Federal Aviation Administration (FAA), Transport 
Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, 
Washington; or at the FAA, Los Angeles Aircraft Certification Office, 
Transport Airplane Directorate, 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: Walter Eierman, Aerospace Engineer, 
Systems & Equipment Branch, ANM-130L, Los Angeles Aircraft 
Certification Office, FAA, Transport Airplane Directorate, 3960 
Paramount Boulevard, Lakewood, California 90712-4137; telephone (310) 
627-5336; fax (310) 627-5210.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an 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, was published in the Federal Register on October 
18, 1994 (59 FR 52485). That action proposed to require inspections of 
the tailcone release locking cable fitting assembly, replacing or 
modifying fittings that do not operate properly, and the eventual 
replacement or modification of the fitting on all airplanes.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.
    Several commenters supports the proposal.
    One commenter regards the proposed inspection for proper operation 
of the fitting assembly as unnecessary and requests that the proposed 
rule be revised to delete this requirement. This 
[[Page 4075]] commenter points out that similar inspections already are 
required by AD 91-26-09 (amendment 39-8122, (57 FR 789, January 9, 
1992)) and AD 92-01-03 (amendment 39-8126, (57 FR 1076, January 10, 
1992)). The commenter considers that these previously required actions 
already assure an adequate level of safety. The FAA does not concur. 
The previously issued AD's cited by the commenter require inspections 
for cracks of the interior and exterior tailcone release handles; 
replacement or modification of the cable and handle assemblies to 
terminate the inspections; and repetitive functional tests of the 
tailcone release system at certain intervals. The functional testing 
required by those AD's is similar, but not identical, to the inspection 
required by this AD. Further, the FAA considers that one or more 
successful functional operations of the assembly does not assure that 
the fitting is acceptable and will not jam at the next activation. For 
this reason, the FAA considers that the one-time inspection required by 
this AD is warranted prior to the eventual replacement or modification 
action.
    This same commenter requests that the proposed compliance time of 
36 months for replacement or modification of the fitting assembly be 
extended if ample parts are not available to accomplish these required 
actions. Based on the data available to date, the FAA does not consider 
such an extension to be necessary. The FAA has received no indication 
from the manufacturer that parts availability will be a problem. An 
ample number of required parts is expected to be available to modify 
the fleet within the 36-month compliance time. However, should an 
operator encounter a problem with obtaining required parts in a timely 
manner, it may request an adjustment of the compliance time under the 
provisions of paragraph (c) of the final rule.
    As a result of recent communications with the Air Transport 
Association (ATA) of America, the FAA has learned that, in general, 
some operators may misunderstand the legal effect of AD's on airplanes 
that are identified in the applicability provision of the AD, but that 
have been altered or repaired in the area addressed by the AD. The FAA 
points out that all airplanes identified in the applicability provision 
of an AD are legally subject to the AD. If an airplane has been altered 
or repaired in the affected area in such a way as to affect compliance 
with the AD, the owner or operator is required to obtain FAA approval 
for an alternative method of compliance with the AD, in accordance with 
the paragraph of each AD that provides for such approvals. A note has 
been added to this final rule to clarify this requirement.
    Additionally, the FAA has recently reviewed the figures it has used 
over the past several years in calculating the economic impact of AD 
activity. In order to account for various inflationary costs in the 
airline industry, the FAA has determined that it is necessary to 
increase the labor rate used in these calculations from $55 per work 
hour to $60 per work hour. The economic impact information, below, has 
been revised to reflect this increase in the specified hourly labor 
rate.
    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes previously 
described. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.
    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 will be affected by this AD.
    The required inspection will take approximately 2 work hours per 
airplane to accomplish, at an average labor rate of $60 per work hour. 
Based on these figures, the total cost impact of this action on U.S. 
operators is estimated to be $140,400, or $120 per airplane.
    The required replacement or modification would take approximately 5 
work hours per airplane to accomplish, at an average labor rate of $60 
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 $3,144,960, or 
$2,688 per airplane.
    The total cost impact figure discussed above is based on 
assumptions that no operator has yet accomplished any of the 
requirements of this AD action, and that no operator would accomplish 
those actions in the future if this AD were not adopted.
    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.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) 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 final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

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. 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:

95-02-02 McDonnell Douglas: Amendment 39-9121. 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.

    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 use the authority 
provided in paragraph (c) to request approval from the FAA. This 
approval may address either no action, if the current configuration 
eliminates the unsafe condition; or different actions necessary to 
address the unsafe condition described in this AD. Such a request 
should include an assessment of the effect of the changed 
configuration on the [[Page 4076]] unsafe condition addressed by 
this AD. In no case does the presence of any modification, 
alteration, or repair remove any airplane from the applicability of 
this AD.

    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 2: 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 
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.
    (e) The inspection, replacement, and modification shall be done 
in accordance with McDonnell Douglas DC-9 Service Bulletin 53-269, 
dated August 11, 1994. This incorporation by reference was approved 
by the Director of the Federal Register in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. Copies 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. 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, Transport Airplane Directorate, 3960 Paramount Boulevard, 
Lakewood, California; or at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC.
    (f) This amendment becomes effective on February 21, 1995.

    Issued in Renton, Washington, on January 6, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-792 Filed 1-19-95; 8:45 am]
BILLING CODE 4910-13-U