[Federal Register Volume 65, Number 23 (Thursday, February 3, 2000)]
[Rules and Regulations]
[Pages 5241-5243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2084]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-381-AD; Amendment 39-11541; AD 2000-02-23]
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.

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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 a 
one-time inspection to determine the type of engine ignition switch 
installed in the hinged forward overhead switch panel, and replacement 
of certain rotary ignition switches with new design rotary ignition 
switches. This amendment is prompted by reports of smoke in the flight 
compartment during engine ignition selection. The actions specified by 
this AD are intended to prevent an internal electrical short in the 
engine ignition switch, which could result in smoke in the flight 
compartment.

DATES:  Effective March 9, 2000.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 9, 2000.

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

[[Page 5242]]

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 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 July 14, 1999 (64 FR 
37911). That action proposed to require a one-time inspection to 
determine the type of engine ignition switch installed in the hinged 
forward overhead switch panel, and replacement of certain rotary 
ignition switches with new design rotary ignition switches.
    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 for the Proposal

    One commenter supports the proposed rule.

Request for Clarification of Certain Requirements

    One commenter request that the FAA clarify the requirements of 
paragraph (a) of the proposed AD. The commenter states that paragraph 
(a) of the proposed AD requires the visual inspection be accomplished 
in accordance with McDonnell Douglas Service Bulletin DC9-74-001, dated 
May 23, 1997, or McDonnell Douglas Alert Service Bulletin DC9-74A001, 
Revision 01, dated October 26, 1998. The commenter notes that Service 
Bulletin DC9-74-001 addresses only the five position ignition switches, 
whereas Alert Service Bulletin DC9-74A001 addresses both the four and 
five position ignition switches. The commenter states that using 
Service Bulletin DC9-74-001 instead of Alert Service Bulletin DC9-
74A001 could result in the suspect four position switches not being 
removed.
    The FAA concurs with the commenter that clarification is necessary. 
Because only the alert service bulletin provides instructions to 
address both types of switches, it is the only service bulletin 
referenced in the final rule for that purpose. The FAA has added a new 
note to clarify that inspection of the five position switches prior to 
the effective date of the AD in accordance with McDonnell Douglas 
Service Bulletin DC9-74001, dated May 23, 1997, is considered 
acceptable for compliance with paragraph (a) of this AD.

Request To Include Additional Spares Affected

    One commenter requests that the FAA clarify what spare parts are 
affected by paragraph (b) of the proposed AD. The commenter states that 
paragraphs (a)(2)(i) and (a)(2)(ii) require that both four position and 
five position ``old'' style rotary ignition switches be replaced in 
accordance with McDonnell Douglas Alert Service Bulletin DC9-74A001. 
However, the commenter points out that paragraph (b) of the proposed AD 
addresses only the four position ignition switches.
    The FAA concurs with the commenter's request that clarification is 
necessary. The omission of the five position ignition switches was an 
error. The FAA has revised paragraph (b) of the final rule accordingly.

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 with the changes previously 
described. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    There are approximately 2,000 airplanes of the affected design in 
the worldwide fleet. The FAA estimates that 1,000 airplanes of U.S. 
registry will be affected by this AD, that it will take approximately 1 
work hour per airplane to accomplish the required inspection, and that 
the average labor rate is $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 $60,000, or $60 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:

2000-02-23   McDonnell Douglas: Amendment 39-11541. Docket 98-NM-
381-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

[[Page 5243]]

(MD-83), and DC-9-87 (MD-87) series airplanes; Model MD-88 
airplanes; and C-9 (military) series airplanes; as listed in 
McDonnell Douglas Alert Service Bulletin DC9-74A001, Revision 01, 
dated October 26, 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 an internal electrical short in the engine ignition 
switch, which could result in smoke in the flight compartment, 
accomplish the following:

Inspection and Corrective Action

    (a) Within 8 months after the effective date of this AD, 
visually inspect the engine ignition switch to determine what type 
of switch (rotary or toggle) is installed in the hinged forward 
overhead switch panel, in accordance with McDonnell Douglas Service 
Bulletin DC9-74-001, dated May 23, 1997, or McDonnell Douglas Alert 
Service Bulletin DC9-74A001, Revision 01, dated October 26, 1998.

    Note 2:  Inspection of the five position ignition switches prior 
the effective date of the AD in accordance with McDonnell Douglas 
Service Bulletin DC9-74001, dated May 23, 1997, is considered 
acceptable for compliance with paragraph (a) of this AD.


    (1) If the switch is a toggle type, no further action is 
required by this AD.
    (2) If the switch is a rotary type, prior to further flight, 
determine the switch part number in accordance with the service 
bulletin.
    (i) If the switch has part number 79-2318 (5D0423-2) or 79-2355, 
no further action is required by this AD.
    (ii) If the switch has any part number other than that 
identified in paragraph (a)(2)(i) of this AD, prior to further 
flight, replace the engine ignition switch with a new design 
ignition switch in accordance with the service bulletin.

Spares Affected

    (b) As of the effective date of this AD, no person shall install 
a four position rotary ignition type switch, part number (P/N) 79-
2081, 69-1966, or 34064; or a five position rotary type ignition 
switch, P/N 79-2055 (5D0423-1), 69-1967, 53306-033, or 3600-3076; on 
any airplane.

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 actions shall be done in accordance with McDonnell 
Douglas Service Bulletin DC9-74-001, dated May 23, 1997; or 
McDonnell Douglas Alert Service Bulletin DC9-74A001, Revision 01, 
dated October 26, 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 Boeing 
Commercial Aircraft Group, Long Beach 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 March 9, 2000.

    Issued in Renton, Washington, on January 25, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-2084 Filed 2-2-00; 8:45 am]
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