[Federal Register Volume 63, Number 232 (Thursday, December 3, 1998)]
[Rules and Regulations]
[Pages 66751-66753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32098]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-258-AD; Amendment 39-10927; AD 98-25-04]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model MD-90-30 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 MD-90-30 series 
airplanes, that requires repetitive inspections to detect debris in the 
areas behind the aft lavatory toilet shroud, behind the aft lavatory 
modules, and below the cabin floor aft of the aft cargo compartment 
bulkhead; and removal of debris. This amendment also requires 
modification of the lavatory toilet shroud assemblies and modification 
of the lavatory entry door louvers, which terminates the repetitive 
inspections. This amendment is prompted by reports of paper debris 
collecting below the cabin floor. The actions specified by this AD are 
intended to prevent paper debris from collecting below the cabin floor, 
which could result in a potential fire hazard or possible loss of 
elevator control system redundancy.

DATES: Effective January 7, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of January 7, 1999.

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 H. 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 certain McDonnell Douglas Model 
MD-90-30 series airplanes was published in the Federal Register on May 
20, 1998 (63 FR 27692). That action proposed to require repetitive 
inspections to detect debris in the areas behind the aft lavatory 
toilet shroud, behind the aft lavatory modules, and below the cabin 
floor aft of the aft cargo compartment bulkhead; and removal of debris. 
That action also proposed to require modification of the lavatory 
toilet shroud assemblies and modification of the lavatory entry door 
louvers, which would terminate the repetitive inspections.
    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 Withdraw the Proposed Rule

    One commenter [The Boeing Company, Douglas Products Division (DPD)] 
``takes serious issue'' with a statement that appears in the Summary 
section of the preamble of the proposed rule. That statement specifies 
that the proposed rule is prompted by reports of paper debris 
collecting on the hot pneumatic ducts below the cabin floor. The 
commenter indicates that it has never seen or reported paper on the 
pneumatic duct, nor has the commenter received such reports from 
others. In addition, the commenter states that a lit cigarette has 
always been suggested as the potential fire hazard not paper debris on 
the ducts.
    The FAA infers from the commenter's remarks that it requests the 
proposed AD be withdrawn. The FAA does not concur. The FAA acknowledges 
that it has not received reports of paper debris collecting on the hot 
pneumatic ducts. Since paper debris collecting below the cabin floor 
poses a potential fire hazard and could result in possible loss of 
elevator control system redundancy, the FAA must issue this final rule 
to correct that unsafe condition.
    However, the FAA has received reports of paper debris collecting 
below the cabin floor, and has revised the Summary section and the 
unsafe condition of this final rule to clarify this information.

Request To Remove Reporting Requirement

    One commenter has no objection to the proposed inspection and 
modifications specified in the proposal. However, the commenter 
requests that the proposed rule provide relief from the reporting 
requirement specified in McDonnell Douglas Alert Service Bulletin MD90-
25A017, which is referenced in the proposed rule as the appropriate 
source of service information. The commenter suggests either exempting 
operators from the reporting requirement, or only requiring operators 
to report initial inspection results to McDonnell Douglas. The 
commenter states that reporting both positive and negative findings of 
initial and repetitive inspections, as specified in the alert service 
bulletin, seems to be more of an industry evaluation to determine the 
viability of the AD, rather than an AD-mandated issue.
    The FAA concurs with the commenter's request. The FAA points out 
that the proposed rule does not specify a requirement for reporting 
inspection findings to the manufacturer. The alert service bulletin 
referenced by the commenter is cited in the AD to provide procedures 
for accomplishment of the required inspection. However, to eliminate 
any confusion concerning a reporting requirement, this final rule has 
been revised to cite specific paragraphs of the alert service bulletin 
that are required to be accomplished. Additionally, the issuance date 
of Revision R01 of the alert service bulletin has been changed from 
October 15, 1997, to October 16, 1997, in this final rule.

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

[[Page 66752]]

on any operator nor increase the scope of the AD.

Cost Impact

    There are approximately 55 Model MD-90-30 series airplanes of the 
affected design in the worldwide fleet. The FAA estimates that 19 
airplanes of U.S. registry will be affected by this AD.
    It will take approximately 5 work hours per airplane to accomplish 
the required inspection, at an average labor rate of $60 per work hour. 
Based on these figures, the cost impact of the inspection on U.S. 
operators is estimated to be $5,700, or $300 per airplane, per 
inspection cycle.
    It will take approximately 1 work hour per airplane to accomplish 
the required modification of the toilet shroud assemblies, at an 
average labor rate of $60 per work hour. Required parts will be 
supplied by the manufacturer at no cost to operators. Based on these 
figures, the cost impact of this modification on U.S. operators is 
estimated to be $1,140, or $60 per airplane.
    It will take approximately 1 work hour per airplane to accomplish 
the required modification of the lavatory entry door louvers, at an 
average labor rate of $60 per work hour. Required parts will be 
supplied by the manufacturer at no cost to operators. Based on these 
figures, the cost impact of this modification on U.S. operators is 
estimated to be $1,140, or $60 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:

98-25-04 McDonnell Douglas: Amendment 39-10927. Docket 97-NM-258-AD.

    Applicability: Model MD-90-30 series airplanes; as listed in 
paragraph 1.A.1. of McDonnell Douglas Alert Service Bulletin MD90-
25A017, Revision R01, dated October 16, 1997, McDonnell Douglas 
Service Bulletin MD90-25-022, Revision R01, dated October 15, 1997, 
and McDonnell Douglas Service Bulletin MD90-25A023, Revision R01, 
dated October 15, 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 (e) 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 potential fire hazard or the possible loss of 
elevator control system redundancy due to paper debris collecting 
below the cabin floor, accomplish the following:
    (a) Within 450 flight hours or 3 months after the effective date 
of this AD, whichever occurs later, perform an inspection to detect 
paper and lint debris in the areas behind the aft lavatory toilet 
shroud, behind the aft lavatory modules, and below the cabin floor 
aft of the aft cargo compartment bulkhead, in accordance with 
paragraphs 3.A.1 through 3.A.15 inclusive of the Accomplishment 
Instructions of McDonnell Douglas Alert Service Bulletin MD90-
25A017, Revision R01, dated October 16, 1997. If any debris is 
found, prior to further flight, remove it in accordance with the 
alert service bulletin. Repeat the inspection thereafter at 
intervals not to exceed 450 flight hours.
    (b) Within 12 months after the effective date of this AD, modify 
the lavatory toilet shroud assemblies in accordance with paragraph 
3. (``Accomplishment Instructions'') of McDonnell Douglas Service 
Bulletin MD90-25-022, Revision R01, dated October 15, 1997.
    (c) Within 12 months after the effective date of this AD, modify 
the lavatory entry door louvers in accordance with paragraph 3. 
(``Accomplishment Instructions'') of McDonnell Douglas Service 
Bulletin MD90-25-023, Revision R01, dated October 15, 1997.
    (d) Modification of the toilet shroud assemblies and the 
lavatory entry door louvers in accordance with paragraphs (b) and 
(c) of this AD constitutes terminating action for the repetitive 
inspection requirements of paragraph (a) of this AD.
    (e) 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.

    (f) 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.
    (g) The actions shall be done in accordance with McDonnell 
Douglas Alert Service Bulletin MD90-25A017, Revision R01, dated 
October 16, 1997; McDonnell Douglas Service Bulletin MD90-25-022, 
Revision R01, dated October 15, 1997; and McDonnell Douglas Service 
Bulletin MD90-25-023, Revision R01, dated October 15, 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

[[Page 66753]]

Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.
    (h) This amendment becomes effective on January 7, 1999.

    Issued in Renton, Washington, on November 25, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-32098 Filed 12-2-98; 8:45 am]
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