[Federal Register Volume 67, Number 31 (Thursday, February 14, 2002)]
[Rules and Regulations]
[Pages 6861-6864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3289]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-114-AD; Amendment 39-12647; AD 2002-03-06]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-81, -82, -
83, and -87 Series Airplanes, Model MD-88 Airplanes, and Model MD-90-30 
Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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[[Page 6862]]

SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to certain McDonnell Douglas Model DC-9-81, -82, -83, 
and -87 series airplanes, Model MD-88 airplanes, and Model MD-90-30 
series airplanes, that currently requires a revision to the applicable 
Airplane Flight Manual (AFM) to provide the flightcrew with the 
appropriate landing distance and flap positions, if applicable, for wet 
or icy runways. That AD also provides for an optional terminating 
action for the applicable AFM revision. For certain airplanes, this 
action requires accomplishment of the previously optional terminating 
action. The actions specified by this AD are intended to prevent the 
flightcrew from performing a scheduled landing on a runway of 
potentially insufficient length due to failure of the weight-on-wheels 
spoiler lockout mechanism system and possible inactivation of the 
autospoiler actuator, which could result in the airplane overrunning 
the end of the runway during landing on a wet or icy runway.

DATES: Effective March 21, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 21, 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 Federal Aviation Administration (FAA), Transport 
Airplane Directorate, Rules Docket, 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: Albert Lam, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130L, FAA, Los Angeles Aircraft 
Certification Office, 3960 Paramount Boulevard, Lakewood, California 
90712-4137; telephone (562) 627-5346; fax (562) 627-5210.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding AD 2001-07-10, 
amendment 39-12176 (66 FR 18870, April 12, 2001), which is applicable 
to certain McDonnell Douglas Model DC-9-81, -82, -83, and -87 series 
airplanes, Model MD-88 airplanes, and Model MD-90-30 series airplanes, 
was published in the Federal Register on June 29, 2001 (66 FR 34593). 
The action proposed to continue to require a revision to the applicable 
Airplane Flight Manual (AFM) to provide the flightcrew with the 
appropriate landing distance and flap positions, if applicable, for wet 
or icy runways. That action also proposed to continue to provide for an 
optional terminating action for the applicable AFM revision. For 
certain airplanes, that action also proposed to require accomplishment 
of the previously optional terminating action.

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 Approve Previous Alternative Methods of Compliance 
(AMOCs)

    One commenter requests that AMOCs approved for AD 2001-07-10 
(amendment 39-12176) remain valid for the purposes of the the proposed 
rule. The commenter notes that, since the proposed rule merely requires 
compliance with a previously optional terminating action, the existing 
AMOCs should also be given credit in the proposed rule.
    The FAA agrees with the commenter's request, and has revised 
paragraph (e) of the final rule to reflect credit for the 
accomplishment of AMOCs in accordance with AD 2001-07-10.

Request To Clarify the Requirements of Paragraph (d) of the 
Proposed Rule

    One commenter notes that paragraph (d) of the proposed rule (which 
is applicable to Model MD-90 series airplanes) refers to doing the 
actions specified in paragraphs (c)(1) and (c)(2) of the AD (which 
applies to Model MD-80 series airplanes). To eliminate any confusion, 
the commenter requests that paragraph (d) of the proposed rule be 
revised to clearly specify the actions required for the MD-90 series 
airplanes, rather than refering to paragraph (c) of the proposed rule.
    The FAA acknowledges that clarification is needed. We have revised 
paragraph (d) of the final rule to add new paragraphs (d)(1) and (d)(2) 
to clarify the actions required for Model MD-90 series airplanes.

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.

Cost Impact

    There are approximately 224 Model DC-9-81, -82, -83, and -87 series 
airplanes, Model MD-88 airplanes, and Model MD-90-30 series airplanes 
of the affected design in the worldwide fleet. The FAA estimates that 
67 airplanes of U.S. registry will be affected by this AD.
    The AFM revisions that are currently required by AD 2001-07-10, and 
retained in this AD, take approximately 1 work hour per airplane to 
accomplish, at an average labor rate of $60 per work hour. Based on 
these figures, the cost impact of the currently required actions on 
U.S. operators is estimated to be $4,020, or $60 per airplane.
    For certain airplanes, the new terminating action that is required 
by this AD will take approximately 22 work hours per airplane to 
accomplish, at an average labor rate of $60 per work hour. The 
manufacturer has committed previously to its customers that it will 
bear the cost of replacement parts. Based on these figures, the cost 
impact of these requirements on U.S. operators of Model MD-90-30 series 
airplanes is estimated to be $1,320 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.
    Should an operator of Model DC-9-81, -82, -83, and -87 series 
airplanes, and Model MD-88 airplanes elect to accomplish the optional 
terminating action that will be provided by this AD action, it will 
take approximately 22 work hours to accomplish it, at an average labor 
rate of $60 per work hour. The manufacturer has committed previously to 
its customers that it will bear the cost of replacement parts. Based on 
these figures, the cost impact of the optional terminating action will 
be $1,320 per airplane.

Regulatory Impact

    The regulations adopted herein will not have a substantial direct 
effect on the States, on the relationship between

[[Page 6863]]

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 removing amendment 39-12176 (66 FR 
18870, April 12, 2001), and by adding a new airworthiness directive 
(AD), amendment 39-12647, to read as follows:

2002-03-06  McDonnell Douglas: Amendment 39-12647. Docket 2001-NM-
114-AD. Supersedes AD 2001-07-10, Amendment 39-12176.

    Applicability: Models identified in Table 1 of this AD, 
certificated in any category; excluding those airplanes on which the 
modification specified in the applicable service bulletin listed in 
Table 1 of this AD has been done. Table 1 is as follows:

                         Table 1--Applicability
------------------------------------------------------------------------
                 Model                             As listed in
------------------------------------------------------------------------
DC-9-81, -82, -83, and -87 series        Boeing Alert Service Bulletin
 airplanes, and MD-88 airplanes.          MD80-27A359, Revision 01,
                                          dated March 26, 2001.
MD-90-30 series airplanes..............  Boeing Alert Service Bulletin
                                          MD90-27A031, Revision 01,
                                          dated March 26, 2001.
------------------------------------------------------------------------


    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise 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 (e)(1) 
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 flightcrew from performing a scheduled landing on 
a runway of potentially insufficient length due to failure of the 
weight-on-wheels spoiler lockout mechanism system and possible 
inactivation of the autospoiler actuator, which could result in the 
airplane overrunning the end of the runway during landing on a wet 
or icy runway, accomplish the following:

Restatement of Requirements of AD 2001-07-10

Airplane Flight Manual Revisions

    (a) For Model DC-9-81, -82, -83, and -87 series airplanes, and 
MD-88 airplanes: Within 48 clock hours after April 27, 2001 (the 
effective date AD 2001-07-10, amendment 39-12176), revise the 
Performance Section of the FAA-approved Airplane Flight Manual (AFM) 
to include the following statement. This may be done by inserting a 
copy of this AD in the AFM.
    ``In-flight Spoiler Lockout Mechanism Installed and Activated, 
and Automatic Ground Spoiler System Operated. 
    When the in-flight spoiler lockout mechanism is installed and 
activated, the wet or icy runway landing field length, which is 
determined from the appropriate Landing Field Length and Speed 
Chart, must be increased by 1,720 feet under either of the following 
conditions:
    a. The weight-on-wheels unlocking feature is not installed; or
    b. The weight-on-wheels unlocking feature is installed, but 
inoperative.
    When the in-flight spoiler lockout mechanism is deactivated, the 
above landing field length is not required.''
    (b) For Model MD-90-30 series airplanes: Within 48 clock hours 
after April 27, 2001, do the actions specified in either paragraph 
(b)(1) or (b)(2) of this AD.
    (1) Revise the Performance Section of the FAA-approved AFM to 
include the following statement. This may be done by inserting a 
copy of this AD in the AFM.
    ``Landing Field Length for A Wet or Icy Runway.
    Increase landing field length, which is determined from the 
Basic Manual, by 1,800 feet (549 meters) for a wet or icy runway 
with 28-degree and 40-degree flaps.
    There is no landing field length penalty for a dry runway.
    In-flight spoiler lockout mechanism may NOT be deactivated, as 
indicated in the Master Minimum Equipment List (MMEL).''
    (2) Revise the Performance Section of the FAA-approved AFM by 
inserting a copy of Appendix 3E, Section 4, of MD-90 AFM MDC-
91K0930, dated March 14, 2001, into the AFM.

    Note 2: The MD-90 Master Minimum Equipment List (MMEL), system 
and sequence number 65-02, and the second proviso of system and 
sequence number 65-03, currently specifies that, for 10 days, the 
in-flight spoiler lockout mechanism system may be deactivated. Where 
differences exist between the current specification of the MMEL and 
the requirements of this AFM limitation, the AFM limitation 
prevails.

Optional Terminating Modifications

    (c) For Model DC-9-81, -82, -83, and -87 series airplanes, and 
MD-88 airplanes: Accomplishment of the actions specified in 
paragraphs (c)(1) and (c)(2) of this AD, per Boeing Alert Service 
Bulletin MD80-27A359, dated January 29, 2001, or Revision 01, dated 
March 26, 2001, terminates the AFM revision requirements of 
paragraph (a) of this AD. After doing those actions, the AFM 
revision required by paragraph (a) of this AD may be removed from 
the AFM:
    (1) Install the spoiler support bracket assemblies and relays; 
and
    (2) Revise the spoiler lockout relay wiring.

New Actions Required by This AD

Terminating Modification for Model MD-90-30 Series Airplanes

    (d) For Model MD-90-30 series airplanes: Within 18 months after 
the effective date of this AD, do the actions specified in 
paragraphs (d)(1) and (d)(2) of this AD, per Boeing Alert Service 
Bulletin MD90-27A031, dated January 29, 2001, or Revision 01, dated 
March 26, 2001. Accomplishment of those actions terminates the AFM 
revision

[[Page 6864]]

requirements of paragraph (b) of this AD. After doing those actions, 
the AFM revision required by paragraph (b) of this AD may be removed 
from the AFM:
    (1) Install the spoiler support bracket assemblies and relays, 
and
    (2) Revise the spoiler lockout relay wiring.

Alternative Methods of Compliance

    (e)(1) 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.
    (2) Alternative methods of compliance, approved previously in 
accordance with AD 2001-07-10, amendment 39-12176, are approved as 
alternative methods of compliance with this AD.


    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

    (f) 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

    (g) The actions required by paragraph shall be done in 
accordance with Boeing Alert Service Bulletin MD90-27A031, dated 
January 29, 2001, or Boeing Alert Service Bulletin MD90-27A031, 
Revision 01, dated March 26, 2001. The optional terminating 
modification specified in paragraph (c) of this AD, if accomplished, 
shall be done in accordance with Boeing Alert Service Bulletin MD80-
27A359, dated January 29, 2001, or Boeing Alert Service Bulletin 
MD80-27A359, Revision 01, dated March 26, 2001. 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

    (h) This amendment becomes effective on March 21, 2002.

    Issued in Renton, Washington, on February 5, 2002.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-3289 Filed 2-13-02; 8:45 am]
BILLING CODE 4910-13-U