[Federal Register Volume 63, Number 208 (Wednesday, October 28, 1998)]
[Rules and Regulations]
[Pages 57579-57580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28664]



[[Page 57579]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-132-AD; Amendment 39-10860; AD 98-22-13]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-10, -20, -
30, and -40 Series 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-9-10, -20, -30, and -
40 series airplanes; and certain C-9 (military) series airplanes. This 
amendment requires modifying the piping of the potable water system. 
This amendment is prompted by reports of ice forming on the control 
cables in the wheel well of the left main landing gear due to the 
freezing and rupturing of undrained potable water pipes. The actions 
specified by this AD are intended to prevent such ice formation, which 
could render the slat, aileron, and spoiler flight controls 
inoperative, and consequently could result in reduced controllability 
of the airplane.

DATES: Effective December 2, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of December 2, 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: Albert Lam, 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) 627-5346; 
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 all McDonnell Douglas Model DC-9-
10, -20, -30, and -40 series airplanes; and all C-9 (military) series 
airplanes; was published in the Federal Register on September 15, 1997 
(62 FR 48189). That action proposed to require modifying the piping of 
the potable water system.
    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 rule.

Request To Revise Applicability

    One commenter requests that the applicability of the proposed AD be 
revised. The commenter states that the AD should exclude airplanes on 
which the pressurized potable water system has been deactivated. In 
support of this request, the commenter states that airplanes that do 
not use a pressurized potable water system do not have exposure to the 
unsafe condition identified in the proposed AD. The commenter adds that 
the effectivity of McDonnell Douglas DC-9 Service Bulletin 38-27, 
Revision 1, dated May 16, 1978, which is referenced as the appropriate 
source of service information in the proposed AD, is limited to 
airplanes incorporating a pressurized potable water system.
    The FAA concurs partially, acknowledging that some operators may 
have deactivated an affected potable water system or may be using a 
gravity feed system installed on top of the lavatory. However, the 
intent of this AD is to prevent freezing water from forming ice on the 
control cable in the wheel well due to water line breakage over the 
center wing box area. Therefore, this AD applies to airplanes on which 
potable water piping systems (either pressurized or unpressurized) are 
installed over the center wing box area. The applicability of the final 
rule has been revised accordingly.
    Although modification of the potable water system is required only 
for airplanes having activated systems, the FAA has determined that the 
applicability cannot exclude airplanes on which the system has been 
deactivated, in the event a deactivated system may be subsequently 
reactivated. However, the final rule has been revised to add a new 
paragraph (b) to clarify that airplanes are exempt from the 
modification requirement for any period during which the system is 
deactivated.

Request To Revise Specifications of Modification Requirement

    One commenter requests that the proposed AD be revised to allow the 
use of parts other than those specified in the AD. Specifically, the 
commenter requests that the proposed AD additionally allow the use of 
hardware that is structurally equivalent to that specified in McDonnell 
Douglas DC-9 Service Bulletin 38-27, Revision 1, dated May 16, 1978 
(the source of service information cited in this AD for accomplishment 
of the required actions). Further, the commenter requests that the 
proposed AD allow the use of 1.5-inch-diameter ABS pipe as an 
alternative to the currently required 1.25-inch-diameter aluminum tube 
for the shroud. The commenter states that, on some of its airplanes, it 
already has installed a shroud and hardware that are ``equivalent'' to 
the parts specified by the proposed AD, although the part numbers are 
different.
    The FAA does not concur with the commenter's request. The FAA 
considers it inappropriate to include in an AD various provisions that 
are applicable to a single operator's unique use of affected airplanes. 
However, paragraph (c) of this AD contains a provision for requesting 
approval of an alternative method of compliance to address these types 
of unique circumstances.

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 570 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 316 airplanes of U.S. registry 
will be affected by this AD, that it will take approximately 20 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 $4,000 per airplane. Based on these figures, the cost 
impact of the AD on U.S. operators is

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estimated to be $1,643,200, or $5,200 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. However, the FAA has been advised 
that 219 U.S.-registered airplanes are in compliance in accordance with 
the requirements of this AD. Therefore, the future economic cost impact 
of this rule on U.S. operators is now $504,400.

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:

98-22-13  McDonnell Douglas: Amendment 39-10860. Docket 97-NM-132-
AD.

    Applicability: Model DC-9-10, -20, -30, and -40 series 
airplanes, and C-9 (military) series airplanes; having a pressurized 
or unpressurized potable water piping system installed over the 
center wing box; 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 ice from forming on the control cables in the wheel 
well of the left main landing gear, which could render the slat, 
aileron, and spoiler flight controls inoperative, and consequently 
could result in reduced controllability of the airplane, accomplish 
the following:
    (a) Except as provided by paragraph (b) of this AD: Within 18 
months after the effective date of this AD, modify the piping of the 
potable water system in accordance with McDonnell Douglas DC-9 
Service Bulletin 38-27, Revision 1, dated May 16, 1978.
    (b) For any period during which the potable water piping system 
is deactivated, the actions specified in paragraph (a) of this AD 
are not required.
    (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.
    (e) The actions shall be done in accordance with McDonnell 
Douglas Service Bulletin 38-27, Revision 1, dated May 16, 1978. 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 ACO, 3960 Paramount 
Boulevard, Lakewood, California; or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
    (f) This amendment becomes effective on December 2, 1998.

    Issued in Renton, Washington, on October 21, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-28664 Filed 10-27-98; 8:45 am]
BILLING CODE 4910-13-U