[Federal Register Volume 64, Number 151 (Friday, August 6, 1999)]
[Proposed Rules]
[Pages 42868-42870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20327]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-382-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9, DC-9-80 
and C-9 (Military) Series Airplanes, and Model MD-88 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain McDonnell Douglas Model 
DC-9, DC-9-80 and C-9 (military) series airplanes, and Model MD-88 
airplanes. This proposal would require revising the wiring of the air 
conditioning pneumatic supply control, if applicable, and revising the 
wiring of the pneumatic augmentation valve. This proposal is prompted 
by a report indicating that the pneumatic augmentation valve may go 
fully open when an engine fails during initial climb prior to 
deactivation of the second segment climb switch. The actions specified 
by the proposed AD are intended to prevent opening of the pneumatic 
augmentation valve, which could result in significant loss of thrust 
from the remaining engine and consequent inadequate initial climb 
performance of the airplane.

DATES: Comments must be received by September 20, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-382-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

[[Page 42869]]

Boeing Commercial Aircraft Group, Long Beach 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: Robert Baitoo, Aerospace Engineer, 
Propulsion Branch, ANM-140L, FAA, Transport Airplane Directorate, Los 
AngelesAircraft Certification Office, 3960 Paramount Boulevard, 
Lakewood, California 90712-4137; telephone (562) 627-5245; 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-382-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-382-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received a report indicating that the results of an 
internal design review, conducted by McDonnell Douglas, of the design 
logic of the pneumatic augmentation valve wiring on McDonnell Douglas 
Model DC-9, DC-9-80, and C-9 (military) series airplanes, and Model MD-
88 airplanes, revealed that when an engine fails during initial climb 
prior to deactivation of the second segment climb switch, the pneumatic 
augmentation valve may go fully open. The opening of the augmentation 
valve combined with a pneumatic supply duct failure could result in a 
significant loss of thrust on the remaining engine. This condition, if 
not corrected, could result in inadequate initial climb performance of 
the airplane.

Explanation of Relevant Service Information

    The FAA has reviewed and approved McDonnell Douglas Service 
Bulletin DC9-36-012, Revision 03, dated February 3, 1998, and Revision 
04, dated October 16, 1998, which describes procedures for revising of 
the wiring of the air conditioning pneumatic supply control, if 
applicable, and revising the wiring of the pneumatic augmentation 
valve. Accomplishment of the actions specified in the service bulletin 
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 accomplishment of the actions specified in 
the service bulletin described previously.

Cost Impact

    There are approximately 1,500 airplanes of the affected design in 
the worldwide fleet. The FAA estimates that 700 airplanes of U.S. 
registry would be affected by this proposed AD, that it would take 
approximately between 1 to 6 work hours per airplane to accomplish the 
proposed actions, and that the average labor rate is $60 per work hour. 
Required parts cost would be nominal. Based on these figures, the cost 
impact of the proposed AD on U.S. operators is estimated to be between 
$42,000 and $252,000, or between $60 and $360 per airplane.
    The cost impact figures discussed above are 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-382-AD.

    Applicability: Model DC-9-10, -20, -30, -40, and -50 series 
airplanes; Model 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 the McDonnell Douglas 
Service Bulletin DC9-36-012, Revision 04, dated October 16, 1998; 
certificated in any category.


[[Page 42870]]


    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise 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 opening of the pneumatic augmentation valve during 
initial climb following an engine failure, which could result in 
significant loss of thrust on the remaining engine and consequent 
inadequate initial climb performance of the airplane, accomplish the 
following:

Modification

    (a) Within 3 years after the effective date of this AD, revise 
the wiring of the air conditioning pneumatic supply control, if 
applicable, and revise the wiring of the pneumatic augmentation 
valve, in accordance with McDonnell Douglas Service Bulletin DC9-36-
012, Revision 03, dated February 3, 1998, or Revision 04, dated 
October 16, 1998.

Alternative Methods of Compliance

    (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 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Los Angeles ACO.

Special Flight Permits

    (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.

    Issued in Renton, Washington, on July 30, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-20327 Filed 8-5-99; 8:45 am]
BILLING CODE 4910-13-U