[Federal Register Volume 63, Number 82 (Wednesday, April 29, 1998)]
[Rules and Regulations]
[Pages 23379-23381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11071]



[[Page 23379]]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96-NM-199-AD; Amendment 39-10500; AD 98-09-19]
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: Final rule.

-----------------------------------------------------------------------

SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain McDonnell Douglas Model DC-9, DC-9-80, and C-9 
(military) series airplanes, and Model MD-88 airplanes, that requires 
modification of certain non-regulating shutoff valves on the engine 
starter, or installation of a pressure relief valve in the pneumatic 
supply line to the starter air shutoff valve on engines 1 and 2. This 
amendment 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 this AD are intended to prevent 
such uncontained failures of the engine starters, which could create a 
fire hazard in the engine nacelle.

DATES: Effective June 3, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of June 3, 1998.

ADDRESSES: The service information referenced in this AD may be 
obtained from AlliedSignal Fluid Systems, Technical Publications 
Department, Building 1230-V, Mail Stop 65-92, P.O. Box 22200, Tempe, 
Arizona 85285-2200. 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, 
Transport Airplane Directorate, Los Angeles Aircraft Certification 
Office, 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: Robert Baitoo, Aerospace Engineer, 
Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712; telephone 
(562) 627-5245; fax (562) 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, DC-9-80, and C-9 (military) series airplanes, and Model MD-88 
airplanes, was published in the Federal Register on October 23, 1996 
(61 FR 54961). That action proposed to require modification of certain 
converted or first production non-regulating shutoff valves on the 
engine starter.
    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

    One commenter supports the proposed AD.

Request to Allow Installation of Relief Valve in Lieu of Pressure 
Regulator

    The Air Transport Association (ATA) of America, on behalf of 
several of its members, requests that the FAA require installation of a 
relief valve rather than a pressure regulator. One ATA member states 
that installation of a relief valve is considered to be a more cost 
efficient and expeditious method of compliance. Other ATA members state 
that the pressure regulator feature was removed previously from the 
start valve due to poor valve reliability caused by contamination.
    The FAA concurs partially. The FAA does not agree that installation 
of a relief valve should be required in lieu of a pressure regulator. 
However, the FAA agrees that installation of a relief valve could be 
provided as an additional method of compliance for the requirements of 
this AD.
    Since the issuance of the proposed rule, the FAA has reviewed and 
approved McDonnell Douglas Service Bulletin DC9-80-014, dated August 
22, 1997, which describes procedures for installation of a pressure 
relief valve in the pneumatic supply line to the starter air shutoff 
valve on engines 1 and 2. Installation of the pressure relief valve and 
applicable pipe assembly in the muscle pressure line upstream of the 
starter air shutoff valve will prevent uncommanded opening of the 
starter valve and will prevent excessive air pressure to the engine 
starter. The FAA has revised paragraph (a) of this final rule to 
include accomplishment of the actions specified in this service 
bulletin as an additional method of compliance for the requirements of 
that paragraph.
    Additionally, the FAA has revised the wording of this final rule to 
specify that the requirement of paragraph (a)(1) is to modify any 
converted or first production non-regulating shutoff valve on the 
starter of engines 1 and 2 by installing a pressure regulator on the 
valve.

Request for Extension of Compliance Time

    Several commenters request that the proposed compliance time of 12 
months be extended to as much as 24 months. Two commenters state that 
most valves must be sent to vendors for modification, which would make 
it difficult to accomplish the requirements of the proposal within 12 
months. Another commenter indicates that an extension of the compliance 
time would provide an acceptable level of safety without having a 
negative impact on operations.
    The FAA concurs with the commenters' requests. Paragraph (a) of 
this final rule has been revised to specify a compliance time of 24 
months. This extension of compliance time should provide operators 
ample time to accomplish the required modification without compromising 
safety.

Request to Revise Cost Impact Information

    One commenter indicates that the cost impact information, below, is 
understated. The commenter states that there are two valves per 
airplane, and unless AlliedSignal offers a compensatory program, the 
estimated cost will exceed the figure provided in the proposed rule. 
The FAA does not concur. The cost impact information specified in this 
final rule was provided to the FAA by the vendor based on the best 
available data to date. No change to this final rule is necessary.

Additional Service Information

    Since the issuance of the proposed rule, the FAA has reviewed and 
approved McDonnell Douglas Service Bulletin DC9-80-010, dated August 
22, 1997, which describes procedures for installation of an air 
pressure regulator in the starter air shutoff valve, which will 
minimize the possibility of excessive starter air pressure that could 
result in a starter uncontained failure. The FAA has revised paragraph 
(a) of this final rule to reference this service bulletin as an 
additional source of service information for accomplishment of this 
installation.
    The FAA also has reviewed and approved Revision 1 of AlliedSignal

[[Page 23380]]

Aerospace Service Bulletin 979410-80-1611, dated March 13, 1997. 
Revision 1 of the service bulletin is essentially identical to the 
original issue; however, Figure 1 of the service bulletin has been 
revised to clarify certain measurements. The FAA has included a 
reference to this service bulletin revision in the final rule as an 
additional source of service information.

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 with the changes previously 
described. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

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 will be affected by this AD, that it will take 
approximately 16 work hours per airplane to accomplish the required 
actions, and that the average labor rate is $60 per work hour. Required 
parts will cost approximately $400 per airplane. Based on these 
figures, the cost impact of the 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 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 U.S.C. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

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

98-09-19  McDonnell Douglas: Amendment 39-10500. 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 
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 24 months after the effective date of this AD, 
accomplish either paragraph (a)(1) or (a)(2) of this AD.
    (1) Modify any converted or first production non-regulating 
shutoff valve, P/N 979410-1-1 or 979410-2-1, on the starter of 
engines 1 and 2 by installing a pressure regulator on the valve in 
accordance with AlliedSignal Aerospace Service Bulletin 979410-80-
1611, dated November 27, 1995; or AlliedSignal Aerospace Service 
Bulletin 979410-80-1611, Revision 1, dated March 13, 1997; or 
McDonnell Douglas Service Bulletin DC9-80-010, dated August 22, 
1997. Or
    (2) Install a pressure relief valve in the pneumatic supply line 
to the starter air shutoff valve on engines 1 and 2 in accordance 
with McDonnell Douglas Service Bulletin DC9-80-014, dated August 22, 
1997.
    (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 actions shall be done in accordance with McDonnell 
Douglas Service Bulletin DC9-80-010, dated August 22, 1997; 
McDonnell Douglas Service Bulletin DC9-80-014, dated August 22, 
1997; AlliedSignal Aerospace Service Bulletin 979410-80-1611, dated 
November 27, 1995; and AlliedSignal Aerospace Service Bulletin 
979410-80-1611, Revision 1, dated March 13, 1997. AlliedSignal 
Aerospace Service Bulletin 979410-80-1611, Revision 1, dated March 
13, 1997, contains the specified effective pages:

------------------------------------------------------------------------
                                  Revision                              
         Page Number            level shown       Date shown on page    
                                  on page                               
------------------------------------------------------------------------
1, 6, 7, 14, 15, 17, 18......  1............  March 13, 1997.           
2-5, 8-13, 16................  Original.....  November 27, 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 AlliedSignal Fluid Systems, 
Technical Publications Department, Building 1230__V, Mail Stop 65-
92, P.O. Box 22200, Tempe, Arizona 85285-2200. Copies may be 
inspected 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

[[Page 23381]]

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 3, 1998.

    Issued in Renton, Washington, on April 21, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-11071 Filed 4-28-98; 8:45 am]
BILLING CODE 4910-13-U