[Federal Register Volume 60, Number 66 (Thursday, April 6, 1995)]
[Proposed Rules]
[Pages 17489-17491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8448]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 95-NM-20-AD]


Airworthiness Directives; McDonnell Douglas Model DC-9 and Model 
DC-9-80 Series Airplanes; Model MD-88 Airplanes; and C-9 (Military) 
Series 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 certain McDonnell Douglas 
Model DC-9 and Model DC-9-80 series airplanes; Model MD-88 airplanes; 
and C-9 (military) series airplanes; that currently requires visual and 
eddy current inspections to detect cracking of the rudder pedals 
adjuster hub assembly, and replacement of the assembly, if necessary. 
That AD was prompted by several occurrences of failure of the rudder 
pedals adjuster hub assembly due to broken detent lugs. This action 
would expand the applicability of the existing AD to include additional 
airplanes. The actions specified by the proposed AD are intended to 
prevent loss of rudder pedals control and reduction of braking 
capability.

DATES: Comments must be received by May 15, 1995.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 95-NM-20-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. LS1, M.C. 2-98. This 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: Augusto Coo, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Transport Airplane Directorate, Los 
Angeles Aircraft Certification Office, 3960 Paramount Boulevard, 
Lakewood, California 90712; telephone (310) 627-5225; 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 95-NM-20-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. 95-NM-20-AD, 1601 Lind Avenue SW., Renton, Washington 98055-
4056.

Discussion

    On December 9, 1992, the FAA issued AD 92-27-07, amendment 39-8441 
(57 FR 60116, December 18, 1992), applicable to certain McDonnell 
Douglas Model DC-9 and Model DC-9-80 series airplanes; Model MD-88 
airplanes; and C-9 (military) series airplanes. That AD requires visual 
and eddy current inspections to detect cracking of the rudder pedals 
adjuster hub assembly, and replacement of the assembly, if necessary. 
That action was prompted by several occurrences of failure of the 
rudder pedals adjuster hub assembly due to broken detent lugs. The 
actions required by that AD are intended to prevent loss of rudder 
pedals control and reduction of braking capability.
    Since the issuance of AD 92-27-07, the manufacturer has advised the 
FAA that several additional airplanes have been identified that are 
subject to the same type of cracking of the rudder pedals adjust hub 
assembly as addressed by that AD. These airplanes were inadvertently 
omitted from the effectivity listing of McDonnell Douglas DC-9 Alert 
Service Bulletin A27-235, Revision 1, dated February 3, 1992. AD 92-27-
07 referenced that specific listing of airplanes as those subject to 
the requirements of that AD. In light of this, the FAA has determined 
that those additional airplanes are subject to the same unsafe 
condition addressed by AD 92-27-07.
    The FAA has reviewed and approved McDonnell DC-9 Alert Service 
Bulletin A27-325, Revision 2, dated January 27, 1994. This revised 
service bulletin is essentially identical to the original version, 
which was cited in AD 92-27-07 as the appropriate source of service 
[[Page 17490]] information, but revises the effectivity listing to 
include additional airplanes.
    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 92-27-07 to continue to require visual 
and eddy current inspections to detect cracking of the rudder pedals 
adjuster hub assembly and replacement of the assembly, if necessary. 
This proposal also would expand the applicability of the existing AD to 
include additional airplanes. The actions would be required to be 
accomplished in accordance with the service bulletin described 
previously.
    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 included in this notice to clarify this long-standing requirement.
    There are approximately 909 Model DC-9 and Model DC-9-80 series 
airplanes; Model MD-88 airplanes; and C-9 (military) series airplanes 
of the affected design in the worldwide fleet. The FAA estimates that 
561 airplanes of U.S. registry would be affected by this proposed AD, 
that it would take approximately 3 work hours per airplane to 
accomplish the proposed actions, and that the average labor rate is $60 
per work hour. Based on these figures, the total cost impact of the 
proposed AD on U.S. operators is estimated to be $180 per airplane.
    The actions specified in this proposed rule previously were 
required by AD 92-27-07, which was applicable to approximately 373 
airplanes. Based on the figures discussed above, the total cost impact 
of the current requirements of that AD on U.S. operators is estimated 
to be $67,140. In consideration of the compliance time and effective 
date of AD 92-27-07, the FAA assumes that operators of the 373 
airplanes subject to that AD have already initiated the required 
actions. The proposed AD action would add no new costs associated with 
those airplanes.
    This proposed action would be applicable to approximately 188 
additional airplanes. Based on the figures discussed above, the total 
new costs to U.S. operators that would be imposed by this AD are 
estimated to be $33,840. This figure is based on assumptions that no 
operator of these additional airplanes 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 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 39-8441 (57 FR 
60116, December 18, 1992), and by adding a new airworthiness directive 
(AD), to read as follows:

McDonnell Douglas: Docket 95-NM-07-AD. Supersedes AD 92-27-07, 
Amendment 39-8441.

    Applicability: Model DC-9-10, -20, -30, -40, and -50 series 
airplanes; Model DC 9-81 (MD-81), -82 (MD-82), -83 (MD-83), and -87 
(MD-87) series airplanes; Model MD-88 airplanes; and Model C-9 
(military) series airplanes; as listed in McDonnell Douglas DC-9 
Alert Service Bulletin A27-325, Revision 2, dated January 27, 1995; 
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 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 loss of rudder pedals control and reduction of 
braking capability, accomplish the following:
    (a) For airplanes listed in McDonnell Douglas Service Bulletin, 
Revision 1, dated February 3, 1993: Prior to the accumulation of 
15,000 landings or within 270 days after January 22, 1993 (the 
effective date of AD 92-27-07, amendment 39-8441), whichever occurs 
later, conduct a visual and eddy current inspection to detect cracks 
of the rudder pedals adjuster hub assembly, part number 4616066, in 
accordance with McDonnell Douglas DC-9 Alert Service Bulletin A27-
325, Revision 1, dated February 3, 1992, or Revision 2, dated 
January 27, 1995.
    (1) If no cracks are detected as a result of the inspections 
required by this paragraph, repeat the inspections at intervals not 
to exceed 3,500 landings.
    (2) If cracks are detected as a result of the inspections 
required by this paragraph, prior to further flight, replace the 
rudder pedals adjuster hub assembly, part number 4616066, with a new 
assembly having the same part number, in accordance with McDonnell 
Douglas DC-9 Alert Service Bulletin A27-325, Revision 2, dated 
January 27, 1995. Thereafter, conduct visual and eddy current 
inspections of the replacement rudder pedals adjuster hub assembly 
in accordance with this paragraph. [[Page 17491]] 
    (b) For airplanes listed in McDonnell Douglas Service Bulletin 
Revision 2, dated January 27, 1995, and not subject to paragraph (a) 
of this AD: Prior to the accumulation of 15,000 landings or within 
270 days after the effective date of this AD, whichever occurs 
later, conduct a visual and eddy current inspection to detect cracks 
of the rudder pedals adjuster hub assembly, part number 4616066, in 
accordance with McDonnell Douglas DC-9 Alert Service Bulletin A27-
325, Revision 1, dated February 3, 1992, or Revision 2, dated 
January 27, 1995.
    (1) If no cracks are detected as a result of the inspections 
required by this paragraph, repeat the inspections at intervals not 
to exceed 3,500 landings.
    (2) If cracks are detected as a result of the inspections 
required by this paragraph, prior to further flight, replace the 
rudder pedals adjuster hub assembly, part number 4616066, with a new 
assembly having the same part number, in accordance with McDonnell 
Douglas DC-9 Alert Service Bulletin A27-325, Revision 2, dated 
January 27, 1995. Thereafter, conduct visual and eddy current 
inspections of the replacement rudder pedals adjuster hub assembly 
in accordance with this paragraph.
    (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 
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 March 31, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-8448 Filed 4-5-95; 8:45 am]
BILLING CODE 4910-13-U