[Federal Register Volume 64, Number 227 (Friday, November 26, 1999)]
[Proposed Rules]
[Pages 66417-66418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30803]



[[Page 66417]]

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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; reopening of 
comment period.

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SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD), applicable to certain McDonnell Douglas Model DC-9 
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 applicability of the proposed 
rule to include one additional airplane and remove another. The actions 
specified by this new proposed AD are intended to prevent the improper 
deployment of the evacuation slide due to stress corrosion, which could 
delay or impede evacuation of passengers during an emergency.

DATES: Comments must be received by December 21, 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 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: Alan Sinclair, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130L, FAA, Transport Airplane 
Directorate, Los Angeles Aircraft Certification Office, 3960 Paramount 
Boulevard, Lakewood, California 90712-4137; 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 series airplanes, and Model MD-88 
and MD-90-30 airplanes, was published as a supplemental notice of 
proposed rulemaking (NPRM) in the Federal Register on December 18, 1998 
(63 FR 70069). 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 improper deployment of the evacuation slide due to stress corrosion, 
which could delay or impede evacuation of passengers during an 
emergency.

Actions Since Issuance of Previous Proposal

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

Request to Reference Latest Service Information

    One commenter requests that the applicability of the proposed AD be 
revised to reference Revision 02 of McDonnell Douglas Alert Service 
Bulletin DC9-25A357, dated May 28, 1998. The commenter states that the 
effectivity listing of this alert service bulletin has been revised.
    The FAA concurs with the commenter's request to reference Revision 
02 of the alert service bulletin. The FAA has reviewed and approved 
Revision 02 of McDonnell Douglas Alert Service Bulletin DC9-25A357, 
dated May 28, 1998 (for Model DC-9 series airplanes and Model MD-88 
airplanes). The replacement procedures described in this revised alert 
service bulletin are essentially identical to those described Revision 
01 of the service bulletin (which was referenced in the supplemental 
NPRM as an appropriate source of service information for accomplishment 
of the replacement). However, the effectivity listing of the alert 
service bulletin has been revised to delete one MD-90-30 airplane 
(i.e., fuselage number 2167) and include one DC-9 series airplane 
(i.e., fuselage number 2166) that is subject to the identified unsafe 
condition. Therefore, the FAA has revised the supplemental NPRM to 
reference Revision 02 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.

Conclusion

    Since this change expands the scope of the originally proposed 
rule, the FAA has determined that it is necessary to reopen the comment 
period to provide

[[Page 66418]]

additional opportunity for public comment.

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. 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 02, dated May 28, 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:

Replacement

    (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 DC9-25A357, dated February 11, 1997, Revision 01, 
dated March 16, 1998, or Revision 02, dated May 28, 1998 (for Model 
DC-9 series airplanes and Model MD-88 airplanes); or McDonnell 
Douglas Alert Service Bulletin MD90-25A019, dated February 11, 1997 
(for Model MD-90-30 airplanes); as applicable.

Spares

    (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.

Alternate 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 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 
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.

    Issued in Renton, Washington, on November 19, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-30803 Filed 11-24-99; 8:45 am]
BILLING CODE 4910-13-U