[Federal Register Volume 61, Number 100 (Wednesday, May 22, 1996)]
[Rules and Regulations]
[Pages 25557-25558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12600]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 95-NM-185-AD; Amendment 39-9629; AD 96-11-04]
RIN 2120-AA64
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: Final rule.
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SUMMARY: This amendment adopts a new 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 requires modification of the slant panel insulation
blankets on the slant pressure panel of the main landing gear. The
amendment also requires a visual inspection to detect discrepancies of
the left and right seal assemblies of the overwing emergency exit door,
and replacement of any discrepant door seal. This amendment is prompted
by a report that the flaps and landing gear did not extend or retract
properly due to water accumulation in the slant pressure panel area.
The actions specified by this AD are intended to prevent such water
accumulation, which could result in the failure of the flaps or landing
gear to properly extend or retract.
DATES: Effective June 26, 1996.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of June 26, 1996.
ADDRESSES: The service information referenced in this AD may be
obtained from McDonnell Douglas Corporation, 3855 Lakewood Boulevard,
Long Beach, California 90846, Attention: Technical Publications
Business Administration, Department C1-L51 (2-60). 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: Brent Bandley, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard, Lakewood, California 90712; telephone
(310) 627-5237; 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 certain McDonnell Douglas Model
DC-9 and Model DC-9-80 series airplanes, Model MD-88 airplanes, and C-9
(military) series airplanes was published in the Federal Register on
January 31, 1996 (61 FR 3341). That action proposed to require
modification of the slant panel insulation blankets on the slant
pressure panel of the main landing gear. That action also proposed to
require a visual inspection to detect discrepancies of the left and
right seal assemblies of the overwing emergency exit door, and
replacement of the discrepant door seal.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Support for the Proposal
Two commenters support the proposed rule.
Requests to Extend the Compliance Time
Several commenters request that the compliance time for
accomplishment of the modification be extended from the proposed 24
months. These commenters request an extension to as much as 36 months,
which will allow the modification to be accomplished during a regularly
scheduled heavy maintenance check when the airplanes are brought to
main base for an extended hold. Two of these commenters state that they
would have to special schedule their fleet in order to accomplish the
modification within the proposed compliance time; this would entail
considerable additional expenses.
After consideration of all the available information, the FAA
cannot conclude that an extension of the proposed compliance time is
warranted. In developing an appropriate compliance time for this
action, the FAA considered not only the degree of urgency associated
with addressing the subject unsafe condition, but the availability of
required parts and the practical aspect of accomplishing the required
modification within an interval of time that parallels normal scheduled
maintenance for the majority of affected operators. Further, the
proposed compliance time of 24 months was arrived at initially with the
concurrence of affected operators, the manufacturer, and the FAA. In
light of this, and in consideration of the amount of time that has
already elapsed since issuance of the original notice, the FAA has
determined that further delay of accomplishment of the requirements of
this final rule is not appropriate. However, under the provisions of
paragraph (b) of the final rule, the FAA may approve requests for
adjustments to the compliance time if data are submitted to
substantiate that such an adjustment would provide an acceptable level
of safety.
Conclusion
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 as proposed.
Cost Impact
There are approximately 1,500 McDonnell Douglas 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
[[Page 25558]]
the worldwide fleet. The FAA estimates that 1,000 airplanes of U.S.
registry will be affected by this AD, that it will take approximately 8
work hours per airplane to accomplish the required actions, and that
the average labor rate is $60 per work hour. Based on these figures,
the cost impact of the AD on U.S. operators is estimated to be
$480,000, or $480 per airplane.
The 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.
Regulatory Impact
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 USC 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
96-11-04 McDonnell Douglas: Amendment 39-9629. Docket 95-NM-185-AD.
Applicability: Model DC-9-10, -20, -30, -40, and -50 series
airplanes; Model DC-9-81 (MD-81), -82 (MD-82), -83 (MD-83), -87 (MD-
87) series airplanes; Model MD-88 airplanes; and C-9 (military)
series airplanes; as listed in McDonnell Douglas Service Bulletin
DC9-53-268, dated August 11, 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
otherwise 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 (b) 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.
Compliance: Required as indicated, unless accomplished
previously.
To prevent water accumulation in the slant pressure panel area,
which could result in the failure of the flaps or landing gear to
properly extend or retract, accomplish the following:
(a) Within 24 months after the effective date of this AD,
accomplish paragraphs (a)(1) and (a)(2) of this AD, in accordance
with McDonnell Douglas Service Bulletin DC9-53-268, dated August 11,
1995.
(1) Modify the slant panel insulation blankets on the slant
pressure panel of the main landing gear.
(2) Perform a visual inspection to detect discrepancies (i.e.,
defects and constant gap) of the left and right seal assemblies of
the overwing emergency exit door. If any discrepancy is detected,
prior to further flight, replace door seal in accordance with the
service bulletin.
(b) 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.
(c) 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.
(d) The modification, inspection, and replacement shall be done
in accordance with McDonnell Douglas Service Bulletin DC9-53-268,
dated August 11, 1995. 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, 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, 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.
(e) This amendment becomes effective on June 26, 1996.
Issued in Renton, Washington, on May 14, 1996.
S.R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-12600 Filed 5-21-96; 8:45 am]
BILLING CODE 4910-13-U