[Federal Register Volume 61, Number 215 (Tuesday, November 5, 1996)]
[Proposed Rules]
[Pages 56919-56921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28321]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96-NM-124-AD]
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 Equipped With BFGoodrich Evacuation Slides

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 and Model DC-9-80 series airplanes, Model MD-88 airplanes, and C-9 
(military) series airplanes. This proposal would require modification 
of the girt and firing lanyard stowage. This proposal is prompted by 
reports of in-cabin inflation of certain evacuation slides due to the 
impingement of the galley service cart on the slide girt and firing 
lanyard. The actions specified by the proposed AD are intended to 
prevent inadvertent inflation of the evacuation slides inside the 
cabin, which could contribute to injury of passengers and/or flightcrew 
in the passenger cabin.

DATES: Comments must be received by December 16, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 96-NM-124-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 BFGoodrich Company, Aircraft Evacuation Systems, 
Department 7916, Phoenix, Arizona 85040. This information may be 
examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, 
SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Tracy Ton, Aerospace Engineer, Systems 
and Equipment Branch, ANM-130L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712; telephone 
(310) 627-5352; 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-124-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-124-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received several reports of certain BFGoodrich 
evacuation slides installed on McDonnell Douglas Model DC-9-80 series 
airplanes inadvertently inflating inside the passenger cabin. The

[[Page 56920]]

cause of these in-cabin inflations is the impingement of the galley 
service cart on the slide girt and firing lanyard of the evacuation 
slide. Such an impingement can snag the firing lanyard (or handle), 
and, consequently, fire the slide when the cart is moved. This 
condition, if not corrected, could contribute to injury of passengers 
and/or flightcrew in the passenger cabin.
    The BFGoodrich evacuation slides installed on Model DC-9 series 
airplanes and Model MD-88 airplanes are identical to those installed on 
the affected Model DC-9-80 series airplanes. Therefore, all of these 
models may be subject to this same unsafe condition.

Explanation of Relevant Service Information

    The FAA has reviewed and approved BFGoodrich Service Bulletin 25-
280, Revision 2, dated August 15, 1996, which describes procedures for 
modification of the girt and firing lanyard stowage. The modification 
provides a cover for the firing lanyards, changes the firing lanyard 
handle shape, and ensures consistent folding of the girt when the girt 
bar is installed in the floor fittings (armed condition) of the 
airplane.

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 the girt and firing lanyard 
stowage. The actions would be required to be accomplished in accordance 
with the service bulletin described previously.

Explanation of the Applicability of the Proposed Rule

    Operators should note that the applicability of this proposed rule 
affects certain McDonnell Douglas series airplanes that are equipped 
with certain BFGoodrich evacuation slides. The FAA's general policy is 
that, when an unsafe condition results from the installation of an 
appliance or other item that is installed in only one particular make 
and model of aircraft, the AD is issued so that it is applicable to the 
aircraft, rather than the item. The reason is simple: Making the AD 
applicable to the airplane model on which the item is installed ensures 
that operators of those airplanes will be notified directly of the 
unsafe condition and the action required to correct it. While it is 
assumed that an operator will know the models of the airplanes that it 
operates, there is a potential that the operator will not know or be 
aware of specific items that are installed on its airplanes. It is for 
this reason that this proposed AD would be applicable to Model DC-9 and 
Model DC-9-80 series airplanes, Model MD-88 airplanes, and C-9 
(military) series airplanes, rather than to the BFGoodrich evacuation 
slides. Additionally, calling out the airplane model as the subject of 
the AD prevents ``unknowing non-compliance'' on the part of the 
operator.

Cost Impact

    There are approximately 300 BFGoodrich evacuation slides installed 
on 100 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 the worldwide fleet.
    The FAA estimates that 180 BFGoodrich evacuation slide installed on 
60 airplanes of U.S. registry would be affected by this proposed AD, 
that it would take approximately 2 work hours per slide to accomplish 
the proposed actions, and that the average labor rate is $60 per work 
hour. Required parts would cost approximately $75 per forward slide and 
$100 per aft slide. Based on these figures, the cost impact of the 
proposed AD on U.S. operators is estimated to be $195 per forward slide 
and $220 per aft slide.
    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 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-124-AD.

    Applicability: Model DC-9-10, -20, -30, -40, and -50 series 
airplanes; Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), 
DC-9-87 (MD-87) series airplanes, Model MD-88 airplanes; and C-9 
(military) series airplanes; equipped with BFGoodrich Evacuation 
Slides, as listed in BFGoodrich Service Bulletin 25-280, Revision 2, 
dated August 15, 1996; 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 in-cabin inflation of the evacuation slides, which 
could contribute to injury of passengers and/or flightcrew in the 
passenger cabin, accomplish the following:
    (a) Within 36 months after the effective date of this AD, modify 
the girt and firing lanyard stowage in accordance with BFGoodrich 
Service Bulletin 25-280, Revision 2, dated August 15, 1996.
    (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, Standardization Branch, ANM-113, 
FAA,

[[Page 56921]]

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, 
Standardization Branch, ANM-113.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Standardization Branch, ANM-113.

    (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.

    Issued in Renton, Washington, on October 29, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-28321 Filed 11-4-96; 8:45 am]
BILLING CODE 4910-13-U