[Federal Register Volume 64, Number 40 (Tuesday, March 2, 1999)]
[Proposed Rules]
[Pages 10113-10114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5043]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 64, No. 40 / Tuesday, March 2, 1999 / 
Proposed Rules  

[[Page 10113]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-69-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model MD-90-30

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 MD-90-30 
series airplanes. This proposal would require revising the 
Airworthiness Limitations Section of the Instructions for Continued 
Airworthiness [MD-90-30 Airworthiness Limitations Instructions (ALI)] 
to incorporate certain replacement times for safe-life limited parts. 
This proposal is prompted by analysis of data that identified reduced 
replacement times for certain safe-life limited parts. The actions 
specified by the proposed AD are intended to prevent fatigue cracking 
of various safe-life limited parts; such fatigue cracking could 
adversely affect the structural integrity of these airplanes.

DATES: Comments must be received by April 16, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-69-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: Brent Bandley, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Transport Airplane Directorate, Los 
Angeles Aircraft Certification Office, 3960 Paramount Boulevard, 
Lakewood, California 90712-4137; telephone (562) 627-5237; 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-69-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-69-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    As airplanes gain service experience, or as the result of post-
certification testing and evaluation, it may become necessary to add 
additional life limits or structural inspections in order to ensure the 
continued structural integrity of the airplane. The manufacturer may 
revise the Airworthiness Limitations document to include more 
restrictive life limits.
    McDonnell Douglas has completed analyses of certain safe-life 
limited parts on high gross weight airplanes. The results of these 
analyses indicate that certain replacement times must be revised for 
certain safe-life limited parts for these airplanes.
    The actions specified by the proposed AD are intended to prevent 
fatigue cracking of various safe-life limited parts; such fatigue 
cracking could adversely affect the structural integrity of these 
airplanes.

Explanation of Relevant Service Information

    The FAA has reviewed and approved the MD-90 Airworthiness 
Limitations Instructions (ALI), McDonnell Douglas Report Number MDC-
94K9000, Revision 3, dated November 1997. Among other things, Revision 
3 revises mandatory replacement times for safe-life limited parts. 
Accomplishment of the actions specified in the ALI 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 operators to revise the MD-90 ALI to 
incorporate Revision 3, dated November 1997.

Cost Impact

    There are approximately 150 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 100 airplanes of U.S. registry 
would be affected by this proposed AD, that it would take approximately 
1 work hour per airplane to accomplish the proposed actions, and that 
the average labor rate is $60 per work hour. Based on these figures, 
the cost impact of the proposed

[[Page 10114]]

AD on U.S. operators is estimated to be $6,000, or $60 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-69-AD.
    Applicability: All Model MD-90-30 series 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 fatigue cracking of various safe-life limited parts, 
which could adversely affect the structural integrity of these 
airplanes, accomplish the following:
    (a) Within 180 days after the effective date of this AD, revise 
the Airworthiness Limitations Section of the Instructions for 
Continued Airworthiness [Airworthiness Limitations Instructions 
(ALI), McDonnell Douglas Report No. MDC-94K9000, dated November 
1994] to incorporate the Part Number, Item, and Mandatory 
Replacement Time of certain safe-life limited parts by inserting a 
copy of Revision 3, dated November 1997, into the ALI.
    (b) Except as provided by paragraph (c) of this AD: After the 
actions specified in paragraph (a) of this AD have been 
accomplished, no alternative replacement times may be approved for 
the safe-life limited parts specified in McDonnell Douglas ALI 
Report No. MDC-94K9000, Revision 3, dated November 1997.
    (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 February 23, 1999.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-5043 Filed 3-1-99; 8:45 am]
BILLING CODE 4910-13-U