[Federal Register Volume 63, Number 99 (Friday, May 22, 1998)]
[Rules and Regulations]
[Pages 28217-28218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13407]



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 Rules and Regulations
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  Federal Register / Vol. 63, No. 99 / Friday, May 22, 1998 / Rules and 
Regulations  

[[Page 28217]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-251-AD; Amendment 39-10537; AD 98-11-10]
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: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain McDonnell Douglas Model DC-9 and DC-9-80 series 
airplanes, Model MD-88 airplanes, and C-9 (military) series airplanes, 
that requires 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 amendment is prompted 
by reports that the speed brake handle jammed in the ground spoiler 
position. The actions specified by this AD are intended to prevent a 
jammed speed brake handle pin, which could result in retraction of the 
spoilers and full advancement of the left throttle during a go-around.

DATES: Effective June 26, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of June 26, 1998.

ADDRESSES: The service information referenced in this AD 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 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: 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: 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 and DC-9-80 series airplanes, Model MD-88 airplanes, and C-9 
(military) series airplanes was published in the Federal Register on 
February 19, 1998 (63 FR 8371). That action proposed to 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.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the single comment received.
    The commenter supports the proposed rule.

Conclusion

    After careful review of the available data, including the comment 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule as proposed.

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 will be affected by 
this AD, that it will take approximately 5 work hours per airplane to 
accomplish the required actions, and that the average labor rate is $60 
per work hour. Based on these figures, the cost impact of the 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 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:

[[Page 28218]]

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:

98-11-10  McDonnell Douglas: Amendment 39-10537. 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 01, 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 a jammed speed brake handle pin, which could result 
in retraction of the spoilers and full advancement of the left 
throttle during a go-around, 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 Service 
Bulletin 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.
    (d) The actions shall be done in accordance with McDonnell 
Douglas Service Bulletin DC9-27-346, Revision 01, dated July 29, 
1997. 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 The Boeing Company, Douglas 
Products Division, 3855 Lakewood Boulevard, Long Beach, California 
90846, Attention: Technical Publications Business Administration, 
Dept. C1-L51 (2-60). 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 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 26, 1998.

    Issued in Renton, Washington, on May 14, 1998.
John J. Hickey,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-13407 Filed 5-21-98; 8:45 am]
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