[Federal Register Volume 63, Number 63 (Thursday, April 2, 1998)]
[Proposed Rules]
[Pages 16172-16174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8574]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-244-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-80 Series 
Airplanes, and Model MD-88 and MD-90-30 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-9-80 series airplanes, and Model MD-88 and MD-90-30 airplanes. This 
proposal would require replacement of the lanyard assembly pins of the 
evacuation slides with solid stainless steel pins. This proposal is 
prompted by a report that, due to stress corrosion on the lanyard pins, 
the arms of the lanyard assembly of the evacuation slide were found to 
be frozen. The actions specified by the proposed AD are intended to 
prevent the improper deployment of the evacuation slide due to such 
stress corrosion, which could delay or impede evacuation of passengers 
during an emergency.

DATES: Comments must be received by May 18, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 97-NM-244-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 the FAA, Los Angeles 
Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, 
California.

FOR FURTHER INFORMATION CONTACT: Alan Sinclair, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130L, FAA, Los Angeles Aircraft 
Certification Office, 3960 Paramount Boulevard, Lakewood, California 
90712; telephone (562) 627-5338; 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

[[Page 16173]]

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-244-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-244-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received a report indicating that, during a routine 
maintenance inspection, the arms of the lanyard assembly of the 
evacuation slide were found to be frozen on a McDonnell Douglas Model 
DC-9-82 series airplane. Investigation revealed that stress corrosion 
caused the pivot pin to swell and freeze the arms of the lanyard 
assembly. This condition, if not detected and corrected in a timely 
manner, could prevent the proper deployment of the evacuation slide, 
which could delay or impede evacuation of passengers during an 
emergency.
    The subject area on certain McDonnell Douglas Model MD-88 and MD-
90-30 airplanes is identical to that on the affected DC-9-80 series 
airplane. 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 Alert Service 
Bulletin MD80-25A357, dated February 11, 1997 (for Model DC-9-80 series 
airplanes and Model MD-88 airplanes), and McDonnell Douglas Alert 
Service Bulletin MD90-25A019, dated February 11, 1997 (for Model MD-90 
airplanes). These alert service bulletins describe procedures for 
replacement of the lanyard assembly pins with solid stainless steel 
pins. Accomplishment of the replacement specified in the alert service 
bulletins is intended to adequately address the identified unsafe 
condition.

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 replacement of the lanyard assembly pins with 
solid stainless steel pins. The actions would be required to be 
accomplished in accordance with the alert service bulletins described 
previously.

Cost Impact

    There are approximately 680 McDonnell Douglas Model DC-9-80 series 
airplanes, and Model MD-88 and MD-90-30 airplanes of the affected 
design in the worldwide fleet. The FAA estimates that 339 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. Required 
parts would cost approximately $2 per airplane. Based on these figures, 
the cost impact of the proposed AD on U.S. operators is estimated to be 
$102,378, or $302 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-244-AD.

    Applicability: Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 
(MD-83), DC-9-87 (MD-87) series airplanes and Model MD-88 airplanes, 
as listed in McDonnell Douglas Alert Service Bulletin MD80-25A357, 
dated February 11, 1997; and Model MD-90-30 airplanes, as listed in 
McDonnell Douglas Alert Service Bulletin MD90-25A019, dated February 
11, 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 (c) 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 improper deployment of the evacuation slide, 
which could delay or impede evacuation of passengers during an 
emergency, accomplish the following:
    (a) Within 180 days after the effective date of this AD, replace 
the lanyard assembly pins of the evacuation slides with solid 
stainless steel pins, in accordance with McDonnell

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Douglas Alert Service Bulletin MD80-25A357, dated February 11, 1997 
(for Model DC-9-80 series airplanes and Model MD-88 airplanes), or 
McDonnell Douglas Alert Service Bulletin MD90-25A-19, dated February 
11, 1997 (for Model MD-90 airplanes); as applicable.
    (b) As of the effective date of this AD, no lanyard assembly, 
part number 3961899-1, shall be installed on any airplane unless 
that assembly has been modified in accordance with the requirements 
of paragraph (a) of this AD.
    (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 
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 March 25, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-8574 Filed 4-1-98; 8:45 am]
BILLING CODE 4910-13-U