[Federal Register Volume 66, Number 239 (Wednesday, December 12, 2001)]
[Rules and Regulations]
[Pages 64114-64116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30201]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-104-AD; Amendment 39-12542; AD 2001-24-25]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-10, -20, -
30, and -40 Series Airplanes and C-9 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-9-10, -20, -30, and -
40 series airplanes and C-9 airplanes. This amendment requires 
modification of the spoiler control system, and installation of 
protective interlock box assemblies in the spoiler circuit. This 
amendment is necessary to prevent smoke/fire in the flight compartment 
in the event that the automatic spoiler actuator overheats, and/or loss 
of the spoiler control system, which could significantly reduce the 
braking effectiveness of the airplane. This action is intended to 
address the identified unsafe condition.

DATES: Effective January 16, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of January 16, 2002.

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: Data 
and Service Management, Dept. C1-L5A (D800-0024). This information may 
be examined at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington; or at the FAA, 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: Elvin Wheeler, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130L, FAA, Los Angeles Aircraft 
Certification Office, 3960 Paramount Boulevard, Lakewood, California 
90712-4137; telephone (562) 627-5344; 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-9-10, -20, -30, and -40 series airplanes and C-9 airplanes was 
published in the Federal Register on July 23, 2001 (66 FR 38198). That 
action proposed to require modification of the spoiler control system, 
and installation of protective interlock box assemblies in the spoiler 
circuit. That action was proposed to prevent smoke/fire in the flight 
compartment in the event that the automatic spoiler actuator overheats, 
and/or loss of the spoiler control system, which could significantly 
reduce the braking effectiveness of the airplane.

Since the Issuance of the NPRM

    The FAA has been advised by the manufacturer that there may be a 
problem in supplying an adequate number of parts to modify the spoiler 
control system and to install protective interlock box assemblies in 
the spoiler circuit within the 1-year compliance time proposed in the 
NPRM. Consequently, we have extended the compliance times of paragraphs 
(a) and (b) of this AD to within 18 months after the effective date of 
this AD. We have determined that such an extension of the compliance 
times will accommodate the time necessary for affected operators to 
order, obtain, modify, and install certain parts necessary to 
accomplish the requirements of paragraph (a) and (b) of the AD, without 
adversely affecting safety.

Public 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.

Request To Clarify Requirements

    The commenter states that the service bulletin (Boeing Alert 
Service Bulletin DC9-27A-147, Revision 03, dated May 8, 2001) 
referenced in the proposed rule specifies that Service Bulletin DC9-27-
103 should be incorporated as a prerequisite. However, the commenter 
states that Service Bulletin DC9-27-103 is not mentioned in the 
proposed rule. The commenter concludes that compliance with the other 
service bulletin is implied, but not mandated by the proposed rule. The 
FAA infers that the commenter is requesting clarification.
    The FAA acknowledges the request for clarification. Paragraph (a) 
of the final rule requires modification of the spoiler control system 
per Boeing Alert Service Bulletin DC9-27A147, which references Boeing 
Service Bulletin DC9-27-103. Specifically, however, paragraph (b) of 
the final rule does require installation of protective interlock box 
assemblies in the spoiler circuit per McDonnell Douglas DC-9 Service 
Bulletin 27-103, dated March 19, 1968. The compliance time for 
accomplishing that installation is clearly stated in paragraph (b) of 
the final rule as: ``Prior to or in conjunction with the requirements 
of paragraph (a) of this AD.'' No change to the final rule is 
necessary.

Request To Revise Reference to Service Information

    The commenter requests that the FAA revise the proposed rule to 
require the procedures described in Boeing Service Bulletin DC9-27-283, 
which further modifies the spoiler interlock box by replacing the relay 
with an improved 6-pole double throw relay. Additionally, the commenter 
suggests that a ``proposed'' service bulletin that modifies the 
interlock box with the 6-pole relay and an ``as-yet-undefined'' service 
bulletin that describes procedures for modifying interlock boxes 
without the 6-pole relay be considered by the FAA. The commenter states 
that these service bulletins have been issued or soon will be issued.
    The FAA does not concur with the request to add additional service 
information to the final rule. Installation of the time-delay relay (as 
part of the actions required by this AD) will terminate power to the 
actuator in 10 seconds after energizing the spoiler automatic actuator, 
and provides adequate protection against overheating of the actuator. 
To add further requirements to this rule as the commenter proposed, we 
would have to reissue the Notice of Proposed

[[Page 64115]]

Rulemaking (NPRM) as a Supplemental NPRM in order to provide an 
appropriate time for public comment. Furthermore, we cannot require 
implementation of actions of service bulletins not yet developed and 
approved by the FAA. Therefore, we find that, in order to adequately 
address the unsafe condition in a timely manner, implementation of the 
required actions as proposed are warranted.

Request To Revise the Cost Estimate

    This same commenter also requests that the 3 work hours estimated 
in the proposed rule for the installation of the protective interlock 
box assemblies in the spoiler circuit be revised to 24 work hours. The 
commenter also requests that the estimated cost of replacement parts 
specified as $20 in the proposed rule be revised to $2,750. The 
commenter provides this justification based on information retrieved 
from its SCEPTRE database.
    The FAA does not concur that the cost estimates should be revised. 
We used the work hours specified in McDonnell Douglas DC-9 Service 
Bulletin 27-103(which is referenced in the AD as the appropriate source 
of service information for accomplishment of the required 
installation). We note that the economic analysis of this AD represents 
the time necessary to perform only the actions actually required by 
this AD. We recognize that, in accomplishing the requirements of any 
AD, operators may incur ``incidental'' costs in addition to the 
``direct'' costs. As indicated in the preamble of the NPRM, the cost 
analysis in AD rulemaking actions typically does not include incidental 
costs, such as the time required to gain access and close up; planning 
time; or time necessitated by other administrative actions. Because 
incidental costs may vary significantly from operator to operator, they 
are almost impossible to calculate. Therefore, no change to the final 
rule is necessary.

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 described 
previously. 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 504 Model DC-9-10, -20, -30, and -40 series 
airplanes and C-9 airplanes of the affected design in the worldwide 
fleet. The FAA estimates that 272 airplanes of U.S. registry will be 
affected by this AD.
    It will take approximately 5 work hours per airplane to accomplish 
the required modification, and that the average labor rate is $60 per 
work hour. Required parts will cost approximately $937 per airplane. 
Based on these figures, the cost impact of the AD on U.S. operators is 
estimated to be $336,464, or $1,237 per airplane.
    It will take approximately 3 work hours per airplane to accomplish 
the proposed installation, and the average labor rate is $60 per work 
hour. Required parts would cost approximately $20 per airplane. Based 
on these figures, the cost impact of the installation proposed by this 
AD on U.S. operators is estimated to be $54,400, or $1,237 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. The cost impact figures discussed 
in AD rulemaking actions represent only the time necessary to perform 
the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations adopted herein will not have a substantial direct 
effect 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, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    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:

2001-24-25  McDonnell Douglas: Amendment 39-12542. Docket 2001-NM-
104-AD.

    Applicability: Model DC-10-10, -20, -30, and -40 series 
airplanes, and C-9 airplanes, as listed in Boeing Alert Service 
Bulletin DC9-27A147, Revision 03, dated May 8, 2001; 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 smoke/fire in the flight compartment in the event 
that the automatic spoiler actuator overheats, and/or loss of the 
spoiler control system, which could significantly reduce the braking 
effectiveness of the airplane; accomplish the following:

Modification of the Spoiler Control System

    (a) Within 18 months after the effective date of this AD, modify 
the spoiler control system by accomplishing all actions specified in 
the Accomplishment Instructions of Boeing Alert Service Bulletin 
DC9-27A147, Revision 03, dated May 8, 2001, per the service 
bulletin.

    Note 2: Modification per McDonnell Douglas Service Bulletin DC9-
27-147, dated January 7, 1972; Revision 1, dated July 30, 1974; or 
Revision 2, dated May 9, 1975; before the effective date of this AD; 
is considered acceptable for compliance with paragraph (a) of this 
AD.


[[Page 64116]]



Installation of Protective Interlock Box Assemblies

    (b) Prior to or in conjunction with the requirements of 
paragraph (a) of this AD, install protective interlock box 
assemblies in the spoiler circuit, per McDonnell Douglas DC-9 
Service Bulletin 27-103, dated March 19, 1968.

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. 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 Permit

    (d) 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

    (e) The actions shall be done in accordance with Boeing Alert 
Service Bulletin DC9-27A147, Revision 03, dated May 8, 2001, and 
McDonnell Douglas DC-9 Service Bulletin 27-103, dated March 19, 
1968; 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: Data and Service 
Management, Dept. C1-L5A (D800-0024). Copies may be inspected at the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or at the FAA, 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.

Effective Date

    (f) This amendment becomes effective on January 16, 2002.

    Issued in Renton, Washington, on November 28, 2001.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-30201 Filed 12-11-01; 8:45 am]
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