[Federal Register Volume 64, Number 202 (Wednesday, October 20, 1999)]
[Rules and Regulations]
[Pages 56424-56426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26934]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-340-AD; Amendment 39-11378; AD 99-21-32]
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 a one-time inspection to measure clearance and 
detect interference between the elevator cable pulley and the shroud 
frame of the ventral stairway, and modification of the shroud frame of 
the ventral stairway. This amendment is prompted by reports of pitch 
oscillation of several Model MD-90-30 series airplanes. The actions 
specified by this AD are intended to prevent interference between the 
elevator cable pulley and the shroud frame of the ventral stairway, 
which could result in pitch oscillation of the airplane, and consequent 
damage to the elevator cable pulley and reduced controllability of the 
airplane.

DATES: Effective November 24, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of November 24, 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: Jon Mowery, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Transport Airplane Directorate, Los 
Angeles Aircraft Certification Office, 3960

[[Page 56425]]

Paramount Boulevard, Lakewood, California 90712-4137; telephone (562) 
627-5322; 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 
February 9, 1999 (64 FR 6259). That action proposed to require a one-
time inspection to measure clearance and detect interference between 
the elevator cable pulley and the shroud frame of the ventral stairway, 
and modification of the shroud frame of the ventral stairway.

Comments

    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 of the Proposal

    Several commenters support the proposed rule.

Request to Shorten Compliance Time

    One commenter requests that the proposed 12-month compliance time 
for accomplishment of the inspection specified in paragraph (a) of the 
proposed AD be shortened to 90 days. The commenter asserts that the 
proposed compliance time is too long in consideration of the flight 
critical nature of the unsafe condition. Based on the proposed 
compliance time, administrative procedure time to publish the final 
rule, and a possible ``delayed'' effective date, the commenter states 
that it could be 3 years or more before an operator must correct this 
unsafe condition, which is an unacceptable amount of time.
    The FAA does not concur. In developing an appropriate compliance 
time, the FAA considered the safety implications, parts availability, 
and normal maintenance schedules for timely accomplishment of the 
inspection. Further, the proposed compliance time was arrived at with 
operator, manufacturer, and FAA concurrence. In consideration of all of 
these factors, the FAA determined that the compliance time, as 
proposed, represents an appropriate interval in which the inspection 
can be accomplished in a timely manner within the fleet and still 
maintain an adequate level of safety. Operators are always permitted to 
accomplish the requirements of an AD at a time earlier than that 
specified as the compliance time; therefore, if an operator elects to 
accomplish the inspection prior to 12 months after the effective date 
of this AD, it is that operator's prerogative to do so. If additional 
data are presented that would justify a shorter compliance time, the 
FAA may consider further rulemaking on this issue.

Request to Shorten the Effective Date

    One commenter requests that the maximum time from issuance to the 
effective date be no more than 30 days. The commenter suggests that the 
proposed compliance time may be unnecessarily extended by adding in the 
administrative procedures time to publish the final rule in the Federal 
Register.
    The FAA does not concur with the commenter's request. The 
Administrative Procedure Act (APA) requires that Federal agencies 
provide at least 30 days after publication of a final rule in the 
Federal Register before making it effective, unless ``good cause'' can 
be found not to do so. Under the APA, the basis for this finding is 
similar to the basis for a finding of good cause to dispense with 
notice and comment procedures in issuing rules. In the case of certain 
AD's, the nature of the action may be of such urgency that for the FAA 
to take any additional time to provide notice and opportunity for prior 
public comment would be impracticable; in those cases, the FAA finds 
good cause for making the rule effective in less than 30 days. In the 
case of this AD action, however, the FAA did not consider that the 
addressed unsafe condition was of such a critical nature that time 
could not be afforded for notice and the opportunity for the public to 
comment on the rule. It follows then, that there is no basis for 
finding good cause for making this rule effective in less than 30 days. 
For domestic final rules following notice, the FAA assigns an effective 
date of 35 days after publication.

Explanation of Change Made to Proposal

    The FAA has clarified the inspection requirement contained in the 
proposed AD. Whereas the proposal specified a visual inspection, the 
FAA has revised this final rule to clarify that its intent is to 
require a general visual inspection. Additionally, a note has been 
added to the final rule to define that inspection.

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 as proposed with the change 
previously described. The FAA has determined that this change will 
neither increase the economic burden on any operator nor increase the 
scope of the AD.

Cost Impact

    There are approximately 58 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 58 airplanes of U.S. registry 
will be affected by this AD.
    It will take approximately 1 work hour 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 required by 
this AD on U.S. operators is estimated to be $3,480, or $60 per 
airplane.
    It will take approximately 2 work hours per airplane to accomplish 
the required modification, at an average labor rate of $60 per work 
hour. Required parts will be provided by the manufacturer at no cost to 
the operators. Based on these figures, the cost impact of the 
modification required by this AD on U.S. operators is estimated to be 
$6,960, or $120 per airplane.
    The cost impact figures discussed above are 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.

[[Page 56426]]

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:

99-21-32  McDonnell Douglas: Amendment 39-11378. Docket 98-NM-340-
AD.

    Applicability: Model MD-90-30 series airplanes, as listed in 
McDonnell Douglas Service Bulletin No. MD90-27-026, dated September 
30, 1998; 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 interference between the elevator cable pulley and 
the shroud frame of the ventral stairway, which could result in 
pitch oscillation of the airplane, and consequent damage to the 
elevator cable pulley and reduced controllability of the airplane, 
accomplish the following:

Inspection

    (a) Within 12 months after the effective date of this AD, 
perform a one-time general visual inspection to measure clearance 
and detect interference between the elevator cable pulley and the 
shroud frame of the ventral stairway in accordance with Phase 1 of 
McDonnell Douglas Service Bulletin No. MD90-27-026, dated September 
30, 1998.

    Note 2: For the purposes of this AD, a general visual inspection 
is defined as: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or drop-light, and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

    (1) If clearance is greater than or equal to 0.5 inch, and if no 
interference is detected: Within 18 months after performing the 
inspection, accomplish the requirements of paragraph (b) of this AD.
    (2) If clearance is less than 0.5 inch, or if any interference 
is detected: Prior to further flight, accomplish the requirements of 
paragraph (b) of this AD.

Modification

    (b) Modify the shroud frame of the ventral stairway in 
accordance with Phase 2 of McDonnell Douglas Service Bulletin No. 
MD90-27-026, dated September 30, 1998.

Alternative Methods of Compliance

    (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 3: 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

    (d) Special flight permits may be issued in accordance with 
Secs. 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.

Incorporation by Reference

    (e) The inspection and modification shall be done in accordance 
with McDonnell Douglas Service Bulletin No. MD90-27-026, dated 
September 30, 1998. 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 Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC.

    (f) This amendment becomes effective on November 24, 1999.
    Issued in Renton, Washington, on October 8, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-26934 Filed 10-19-99; 8:45 am]
BILLING CODE 4910-13-U