[Federal Register Volume 64, Number 206 (Tuesday, October 26, 1999)]
[Rules and Regulations]
[Pages 57551-57553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27562]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-382-AD; Amendment 39-11386; AD 99-22-08]
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: Final rule.

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

SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain McDonnell Douglas Model DC-9, DC-9-80 and C-9 
(military) series airplanes, and Model MD-88 airplanes, that requires 
revising the wiring of the air conditioning pneumatic supply control, 
if applicable, and revising the wiring of the pneumatic augmentation 
valve. This amendment 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 this 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: Effective November 30, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of November 30, 1999.

ADDRESSES: The service information referenced in this AD may be 
obtained from 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

[[Page 57552]]

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: Robert Baitoo, Aerospace Engineer, 
Propulsion Branch, ANM-140L, FAA, Transport Airplane Directorate, Los 
Angeles Aircraft Certification Office, 3960 Paramount Boulevard, 
Lakewood, California 90712-4137; telephone (562) 627-5245; 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 
DC-9, DC-9-80 and C-9 (military) series airplanes, and Model MD-88 
airplanes was published in the Federal Register on August 6, 1999 (64 
FR 42868). That action proposed to require revising the wiring of the 
air conditioning pneumatic supply control, if applicable, and revising 
the wiring of the pneumatic augmentation valve.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the single comment received.
    The commenter supports the proposed rule.

Conclusion

    After careful review of the available data, including the comment 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule as proposed.

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 will be affected by this AD, that it will take approximately 
between 1 to 6 work hours per airplane to accomplish the actions, and 
that the average labor rate is $60 per work hour. Required parts cost 
will be nominal. Based on these figures, the cost impact of this 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 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:

99-22-08 McDonnel Douglas: Amendment 39-11386. 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.

    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 (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.

Incorporation by Reference

    (d) The modification shall be done in accordance with McDonnell 
Douglas Service Bulletin DC9-36-012, Revision 03, dated February 3, 
1998; or McDonnell Douglas Service Bulletin DC9-36-012, Revision 04, 
dated October 16, 1998; as applicable. 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 Boeing Commercial Aircraft Group, Long Beach Division, 
3855 Lakewood Boulevard, Long Beach, California 90846, Attention: 
Technical

[[Page 57553]]

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.
    (e) This amendment becomes effective on November 30, 1999.

    Issued in Renton, Washington, on October 15, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-27562 Filed 10-25-99; 8:45 am]
BILLING CODE 4910-13-U