[Federal Register Volume 63, Number 86 (Tuesday, May 5, 1998)]
[Proposed Rules]
[Pages 24762-24764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11890]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-10-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-80 Series 
Airplanes and Model MD-90-30 and 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 all McDonnell Douglas Model DC-9-
80 series airplanes and Model MD-90-30 and MD-88 airplanes. This 
proposal would require a one-time inspection of the harness assembly of 
the tailcone emergency evacuation slide to determine the diameter of 
the swaged balls; reidentification of the harness assembly; and 
reinstallation or replacement of the assembly with a new assembly, if 
necessary. This proposal is prompted by a failed deployment of the 
tailcone emergency evacuation slide during a system test conducted by 
the manufacturer. The actions specified by the proposed AD are intended 
to prevent failure of the tailcone emergency evacuation slide to deploy 
automatically due to incorrect diameter of the swaged balls on the wire 
rope of the harness assembly.

DATES: Comments must be received by June 19, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-10-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: Alan Sinclair, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130L, FAA, Transport Airplane 
Directorate, Los Angeles Aircraft Certification Office, 3960 Paramount 
Boulevard, Lakewood, California 90712-4137; 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 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 98-NM-10-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. 98-NM-10-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

[[Page 24763]]

Discussion

    During an FAA-required system test of the tailcone emergency 
evacuation slide conducted by the manufacturer, the slide failed to 
deploy automatically. Reports indicate that the swaged ball on the 
deployment harness of the slide pulled off the wire rope, thus 
preventing the automatic deployment of the slide. An analysis of this 
incident revealed that the swaged ball on the harness assembly had 
pulled off the wire rope due to incorrect diameter of the swaged ball. 
This condition, if not corrected, could result in failure of the 
tailcone emergency evacuation slide to deploy automatically.

Explanation of Relevant Service Information

    The FAA has reviewed and approved McDonnell Douglas Alert Service 
Bulletins MD80-25A364 [for Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-
9-83 (MD-83), and DC-9-87 (MD-87) series airplanes, and Model MD-88 
airplanes]; and MD90-25A030 (for Model MD-90-30 airplanes); both dated 
October 30, 1997; which describe procedures for a one-time inspection 
of the harness assembly (container deployment harness) of the tailcone 
emergency evacuation slide to determine the diameter of the swaged 
balls; reidentification of the harness assembly; and reinstallation or 
replacement of the assembly with a new assembly, if necessary. For 
airplanes on which the diameter of the swaged ball is within specified 
limits, the alert service bulletins describe procedures for 
reinstallation of the reidentified harness assembly. However, for 
airplanes on which the diameter of the swaged ball is outside specified 
limits, the alert service bulletins describe procedures for replacement 
of the harness assembly with a new harness assembly. Accomplishment of 
the actions specified in the 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 accomplishment of the actions specified in 
the alert service bulletins described previously.

Cost Impact

    There are approximately 943 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 570 airplanes of U.S. registry 
would be affected by this proposed AD, that it would take approximately 
2 work hours per airplane to accomplish the proposed action 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 
$68,400, or $120 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 98-NM-10-AD.

    Applicability: All Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-
83 (MD-83), and DC-9-87 (MD-87) series airplanes; and Model MD-88 
and MD-90-30 airplanes; 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 failure of the tailcone emergency evacuation slide to 
deploy automatically due to incorrect diameter of the swaged balls 
on the wire rope of the harness assembly, accomplish the following:
    (a) Within 180 days after the effective date of this AD, perform 
a one-time inspection of the harness assembly of the tailcone 
emergency evacuation slide to determine the diameter of the swaged 
balls; in accordance with McDonnell Douglas Alert Service Bulletin 
MD80-25A364 [for Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 
(MD-83), and DC-9-87 (MD-87) series airplanes, and Model MD-88 
airplanes]; or MD90-25A030 (for Model MD-90-30 airplanes); both 
dated October 30, 1997.
    (1) If the swaged balls are within the limits specified in the 
applicable alert service bulletin, prior to further flight, 
reidentify and reinstall the harness assembly in accordance with the 
applicable alert service bulletin.
    (2) If the swaged balls are outside the limits specified in the 
applicable alert service bulletin, prior to further flight, replace 
the harness assembly having part number (P/N) 8370024-3 with a new 
harness assembly having P/N 8370024-9 or 8370024-3H, as applicable, 
in accordance with the applicable alert service bulletin.
    (b) As of the effective date of this AD, no person shall install 
a harness assembly (P/N) 8370024-3, on any airplane.
    (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

[[Page 24764]]

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 April 29, 1998.
John J. Hickey,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-11890 Filed 5-4-98; 8:45 am]
BILLING CODE 4910-13-U