[Federal Register Volume 63, Number 243 (Friday, December 18, 1998)]
[Proposed Rules]
[Pages 70069-70071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33537]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-244-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9 Series 
Airplanes, and Model MD-88 and MD-90-30 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking.

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

SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD), applicable to certain McDonnell Douglas Model DC-9-80 
series airplanes, and Model MD-88 and MD-90-30 airplanes, that would 
have required replacement of the lanyard assembly pins of the 
evacuation slides with solid stainless steel pins. That proposal was 
prompted by a report that, due to stress corrosion on the lanyard pins, 
the arms of the lanyard assembly of the evacuation slide were found to 
be frozen. This new action revises the proposed rule by expanding the 
applicability of the proposed rule to

[[Page 70070]]

include additional airplanes, and revising the type of replacement 
pins. The actions specified by this new proposed AD are intended to 
prevent the improper deployment of the evacuation slide due to such 
stress corrosion, which could delay or impede evacuation of passengers 
during an emergency.

DATES: Comments must be received by January 12, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 97-NM-244-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, Los Angeles Aircraft 
Certification Office, 3960 Paramount Boulevard, Lakewood, California 
90712; 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 97-NM-244-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. 97-NM-244-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an airworthiness directive (AD), applicable to 
certain McDonnell Douglas Model DC-9-80 series airplanes, and Model MD-
88 and MD-90-30 airplanes, was published as a notice of proposed 
rulemaking (NPRM) in the Federal Register on April 2, 1998 (63 FR 
16172). That NPRM would have required replacement of the lanyard 
assembly pins of the evacuation slides with solid stainless steel pins. 
That NPRM was prompted by a report that, due to stress corrosion on the 
lanyard pins, the arms of the lanyard assembly of the evacuation slide 
were found to be frozen. That condition, if not corrected, could result 
in the improper deployment of the evacuation slide, which could delay 
or impede evacuation of passengers during an emergency.

Comments Received to Previous Proposal

    Due consideration has been given to the comments received in 
response to the NPRM.

Requests To Reference Latest Service Information

    Several commenters request that the applicability and paragraph (a) 
of the proposed AD be revised to reference Revision 01 of McDonnell 
Douglas Alert Service Bulletin DC9-25A357. Two of these commenters 
state that the effectivity listing of this alert service bulletin has 
been revised to include additional airplanes.
    The FAA concurs with the commenters' requests to reference Revision 
01 of the alert service bulletin. Since issuance of the NPRM, the FAA 
has reviewed and approved Revision 01 of McDonnell Douglas Alert 
Service Bulletin DC9-25A357, dated March 16, 1998. The replacement 
procedures described in this revised alert service bulletin are 
essentially identical to those described in the original version (which 
was referenced in the proposed AD as the appropriate source of service 
information for accomplishment of the replacement). However, the 
effectivity listing of the alert service bulletin, among other items 
(including affected spares), has been revised to include additional 
Model DC-9 series airplanes and MD-88 airplanes that are subject to the 
identified unsafe condition. Therefore, the FAA has revised the 
supplemental NPRM to reference Revision 01 of the alert service 
bulletin as the appropriate source of service information (for certain 
airplanes) for determining the applicability of the supplemental NPRM, 
and as an additional source of service information for accomplishing 
the required replacement. The FAA also has revised the cost impact 
information and paragraph (b) of the supplemental NPRM according to the 
revised information specified in Revision 01 of the alert service 
bulletin.

Request To Reference Correct Type of Pin

    One commenter points out that the pin specified in the referenced 
alert service bulletin is not stainless steel, but rather a corrosion-
resistant steel pin. The commenter states that a solid pin in lieu of 
the current roll pin would not be of any benefit in preventing 
corrosion since both the existing pin [part number (P/N) MS39086-140] 
and the proposed solid pin (P/N MS16555-628) are made of the same 
material (410 cress steel). The FAA acknowledges that the pin specified 
in the referenced alert service bulletin is not stainless steel. The 
FAA has consulted with Boeing and determined that the alert service 
bulletin incorrectly describes the subject pin as ``solid stainless 
steel.'' Therefore, the FAA has revised paragraph (a) of the 
supplemental NPRM to read ``solid corrosion-resistant pins'' instead of 
``solid stainless steel pins.''

Conclusion

    Since these changes expand the scope of the originally proposed 
rule, the FAA has determined that it is necessary to reopen the comment 
period to provide additional opportunity for public comment.

[[Page 70071]]

Cost Impact

    There are approximately 2,167 McDonnell Douglas Model DC-9 series 
airplanes, and Model MD-88 and MD-90-30 airplanes of the affected 
design in the worldwide fleet. The FAA estimates that 1,200 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 
actions, and that the average labor rate is $60 per work hour. Required 
parts would cost approximately $2 per airplane. Based on these figures, 
the cost impact of the proposed AD on U.S. operators is estimated to be 
$146,400, or $122 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 97-NM-244-AD.
    Applicability: Model DC-9 series airplanes and Model MD-88 
airplanes, as listed in McDonnell Douglas Alert Service Bulletin 
DC9-25A357, Revision 01, dated March 16, 1998; and Model MD-90-30 
airplanes, as listed in McDonnell Douglas Alert Service Bulletin 
MD90-25A019, dated February 11, 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 (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 the improper deployment of the evacuation slide, 
which could delay or impede evacuation of passengers during an 
emergency, accomplish the following:
    (a) Within 180 days after the effective date of this AD, replace 
the lanyard assembly pins of the evacuation slides with solid 
corrosion-resistant pins, in accordance with McDonnell Douglas Alert 
Service Bulletin MD80-25A357, dated February 11, 1997, or McDonnell 
Douglas Alert Service Bulletin DC9-25A357, Revision 01, dated March 
16, 1998 (for Model DC-9 series airplanes and Model MD-88 
airplanes); or McDonnell Douglas Alert Service Bulletin MD90-25A-
019, dated February 11, 1997 (for Model MD-90-30 airplanes); as 
applicable.
    (b) As of the effective date of this AD, no lanyard assembly, 
part number (P/N) 3961899-1 or P/N 3956939-501, shall be installed 
on any airplane unless that assembly has been modified in accordance 
with the requirements of paragraph (a) of this AD.
    (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.

    Issued in Renton, Washington, on December 14, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-33537 Filed 12-17-98; 8:45 am]
BILLING CODE 4910-13-P