[Federal Register Volume 61, Number 206 (Wednesday, October 23, 1996)]
[Proposed Rules]
[Pages 54961-54963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27122]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 96-NM-199-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9, DC-9-80, 
and C-9 (Military) Series Airplanes, and Model MD-88 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 certain McDonnell Douglas Model 
DC-9, DC-9-80, and C-9 (military) series airplanes, and Model MD-88 
airplanes. This proposal would require modification of certain non-
regulating shutoff valves on the engine starter. This proposal is 
prompted by reports of uncontained failures of engine starters during 
flight and maintenance, which resulted from the application of 
excessive pressure on the engine starter that was associated with the 
installation of non-regulating shutoff valves on the starter. The 
actions specified by the proposed AD are intended to prevent such 
uncontained failures of the engine starters, which could create a fire 
hazard in the engine nacelle.

DATES: Comments must be received by December 2, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 96-NM-

[[Page 54962]]

199-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 AlliedSignal Aerospace, Technical Publications, Dept. 65-
70, P.O. Box 52170, Phoenix, Arizona 85072-2170. This information may 
be examined at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Robert Baitoo, Aerospace Engineer, 
Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712; telephone 
(310) 627-5245; 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 96-NM-199-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. 96-NM-199-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received reports indicating that uncontained failures 
of engine starters on some McDonnell Douglas Model DC-9-80 series 
airplanes have occurred during flight and during maintenance. In the 
former circumstance, the failure of the engine starter occurred when 
the pneumatic augmentation valve failed in the open position. In the 
latter circumstance, the engine was being used as a source of 
compressed air for testing the pneumatic ducts, and the pneumatic 
augmentation valve was placed in the open position.
    In each of these uncontained failures, the valve on the engine 
starter was a converted non-regulating shutoff valve. This non-
regulating shutoff valve initially had been produced as a regulating 
and shutoff valve; it was later converted to its non-regulating 
configuration in accordance with procedures described in a service 
bulletin issued by the valve manufacturer, AlliedSignal Aerospace 
(formerly Garrett).
    An evaluation revealed that elimination of the regulating feature 
from the engine starter valve can result in the application of 
excessive pressure on the starter. This condition, if not corrected, 
could cause an uncontained failure of the starter and, consequently, 
could create a fire hazard in the engine nacelle.
    Since these non-regulating shutoff valves can be installed on any 
McDonnell Douglas Model DC-9, DC-9-80, and C-9 (military) series 
airplanes, and Model MD-88 airplanes, all of these models may be 
subject to this same unsafe condition.

Explanation of Relevant Service Information

    The FAA has reviewed and approved AlliedSignal Aerospace Service 
Bulletin 979410-80-1611, dated November 27, 1995, which describes 
procedures for modification of certain converted or first production 
non-regulating shutoff valves on the engine starter by installation of 
a pressure regulator on the valve. Accomplishment of this modification 
entails reworking the valve into a regulating and shutoff valve.

Explanation of Requirements of Proposed Rule

    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 modification of certain converted or first 
production non-regulating shutoff valves on the engine starter. The 
actions would be required to be accomplished in accordance with the 
service bulletin described previously.

Differences Between Proposed Rule and Relevant Service Information

    The proposed AD and the referenced service bulletin differ as to 
the compliance times specified in each: The proposed AD would require 
that the modification be accomplished within 12 months after the 
effective date of the AD; however, the service bulletin recommends that 
the modification be accomplished within 8 months.
    In developing an appropriate compliance time for this action, the 
FAA considered not only the safety implications, but the average 
utilization rate of the affected fleet, the availability of required 
modification parts, and normal maintenance schedules of affected 
operators for timely accomplishment of the modification. After 
evaluating these factors, the FAA has determined that a 12-month 
compliance period is appropriate in that:
    1. It will allow the modification to be performed during a 
regularly scheduled maintenance interval at a main base, where 
necessary tooling and trained personnel will be available. This will 
minimize any costs that would be associated with the necessary 
disruption of fight schedules in order to special schedule airplanes 
for accomplishment of the modification.
    2. It also will provide adequate time for the valve manufacturer to 
ensure that ample modification kits are available for the U.S. fleet; 
for operators to order and receive the kits; and for the fleet to be 
modified in an orderly and timely manner.

Cost Impact

    There are approximately 1,970 Model DC-9, DC-9-80, and C-9 
(military) series airplanes and Model MD-88 airplanes of the affected 
design in the worldwide fleet. The FAA estimates that 1,100 airplanes 
of U.S. registry would be affected by this proposed AD, that it would 
take approximately 16 work hours per airplane to accomplish the 
proposed actions, and that the average labor rate is $60 per work hour. 
Required parts would cost approximately $400 per airplane. Based on 
these figures, the cost impact of the proposed AD on U.S. operators is 
estimated to be $1,496,000, or $1,360 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would

[[Page 54963]]

accomplish those actions in the future if this AD were not adopted.

Regulatory Impact

    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. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

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

McDonnell Douglas: Docket 96-NM-199-AD.

    Applicability: Model DC-9, DC-9-80, and C-9 (military) series 
airplanes and Model MD-88 airplanes, on which a converted or first 
production non-regulating shutoff valve having AlliedSignal 
Aerospace part number (P/N) 979410-1-1 or 979410-2-1 has been 
installed on the engine starter; 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 the application of excessive pressure on the engine 
starter, which could cause uncontained failure of an engine starter 
and, consequently, could create a fire hazard in the nacelle of the 
engine, accomplish the following:
    (a) Within 12 months after the effective date of this AD, modify 
any converted or first production non-regulating shutoff valve, P/N 
979410-1-1 or 979410-2-1, on the engine starter by installing a 
pressure regulator on the valve in accordance with AlliedSignal 
Aerospace Service Bulletin 979410-80-1611, dated November 27, 1995.
    (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 
section 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 16, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-27122 Filed 10-22-96; 8:45 am]
BILLING CODE 4910-13-U