[Federal Register Volume 63, Number 33 (Thursday, February 19, 1998)]
[Proposed Rules]
[Pages 8371-8372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4111]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-251-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9 and 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 adoption of a new airworthiness 
directive (AD) that is applicable to certain McDonnell Douglas Model 
DC-9 and DC-9-80 series airplanes, Model MD-88 airplanes, and C-9 
(military) series airplanes. This proposal would require an inspection 
to determine if the latching lever pin of the speed brake passes an 
axial force check, and a visual inspection to determine if the staking 
of the latching lever pin is acceptable; and follow-on corrective 
action, if necessary. This proposal is prompted by reports that the 
speed brake handle jammed in the ground spoiler position. The actions 
specified by the proposed AD are intended to prevent the retraction of 
the spoilers and the full advancement of the left throttle during a go-
around, as the result of a jammed speed brake handle pin.

DATES: Comments must be received by April 6, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 597-NM-251-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 The Boeing Company, Douglas Products Division, 3855 
Lakewood Boulevard, Long Beach, California 90846, Attention: Technical 
Publications Business Administration, Dept. C1-L51 (2-60). 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: Walter Eierman, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130L, FAA, Los Angeles Aircraft 
Certification Office, 3960 Paramount Boulevard, Lakewood, California 
90712; telephone (562) 627-5336; fax (562) 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 97-NM-251-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-114, Attention: Rules 
Docket No. 97-NM-251-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received reports that the speed brake handle jammed in 
the ground spoiler position on McDonnell Douglas Model DC-9-80 series 
airplanes. These airplanes had accumulated as low as 547 total flight 
hours or 299 total flight cycles. Investigation revealed that the cause 
of such jamming was attributed to an oversize pin hole and improper 
staking of the pin hole, which caused migration of the pin. A jammed 
speed brake handle pin, if not corrected, could prevent the retraction 
of the spoilers and the full advancement of the left throttle during a 
go-around.
    The subject part on certain McDonnell Douglas Model DC-9 series 
airplanes, Model MD-88 airplanes, and C-9 (military) series airplanes 
is identical to that on the affected Model DC-9-80 series airplanes. 
Therefore, all of these airplanes may be subject to the same unsafe 
condition.

Explanation of Relevant Service Information

    The FAA has reviewed and approved McDonnell Douglas Service 
Bulletin DC-9-27-346, Revision 01, dated July 29, 1997. The service 
bulletin describes procedures for performing an inspection to determine 
if the latching lever pin of

[[Page 8372]]

the speed brake passes an axial force check, and a visual inspection to 
determine if the staking of the latching lever pin is acceptable; and 
follow-on corrective action, if necessary. (The follow-on corrective 
actions include repetitive inspections, replacement of the speed brake 
latching lever, and temporary repair of the latching lever pin.)

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 an inspection to determine if the latching 
lever pin of the speed brake passes an axial force check, and a visual 
inspection to determine if the staking of the latching lever pin is 
acceptable; and follow-on corrective action, if necessary. The actions 
would be required to be accomplished in accordance with the service 
bulletin described previously.

Cost Impact

    There are approximately 2,050 McDonnell Douglas Model DC-9 and 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 1,250 airplanes of U.S. registry would be affected by 
this proposed AD, that it would take approximately 5 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 cost impact of 
the proposed AD on U.S. operators is estimated to be $375,000, or $300 
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 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 97-NM-251-AD.

    Applicability: Model DC-9-10, -20, -30, -40, and -50, and DC-9-
81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), and DC-9-87 (MD-87) 
series airplanes; Model MD-88 airplanes; and C-9 (military) series 
airplanes; as listed in McDonnell Douglas Service Bulletin DC9-27-
346, Revision 1, dated July 29, 1997; 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 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 retraction of the spoilers and the full 
advancement of the left throttle during a go-around, as the result 
of a jammed speed brake handle pin, accomplish the following:
    (a) Within 12 months after the effective date of this AD, 
perform an inspection to determine if the latching lever pin of the 
speed brake passes an axial force check, and a visual inspection to 
determine if the staking of the latching lever pin is 
``acceptable'', in accordance with McDonnell Douglas DC9-27-346, 
Revision 01, dated July 29, 1997.

    Note 2: The criteria for determining whether the staking is 
``acceptable'' are defined in Figure 1 of the service bulletin.

    (1) Condition 1. If the pin passes the axial force check and the 
staking is found to be acceptable, no further action is required by 
this AD.
    (2) Condition 2. If the pin passes the axial force check and the 
staking is found to be unacceptable, accomplish the actions 
specified in Condition 2, Option 1, or Condition 2, Option 2 of the 
Accomplishment Instructions of the service bulletin. These actions 
shall be accomplished at the times specified in paragraph E. 
``Compliance'' of the service bulletin. Accomplishment of the 
replacement of the speed brake latching lever constitutes 
terminating action for the repetitive inspection requirements of 
this AD.
    (3) Condition 3. If the pin fails the axial force check and the 
staking is found to be unacceptable, accomplish the actions 
specified in Condition 3, Option 1, or Condition 3, Option 2 of the 
Accomplishment Instructions of the service bulletin. These actions 
shall be accomplished at the times specified in paragraph E. 
``Compliance'' of the service bulletin. Accomplishment of the 
replacement of the speed brake latching lever constitutes 
terminating action for the repetitive inspection requirements of 
this AD.
    (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 3: 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.

    Issued in Renton, Washington, on February 11, 1998.
Gilbert L. Thompson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-4111 Filed 2-18-98; 8:45 am]
BILLING CODE 4910-13-U