[Federal Register Volume 67, Number 222 (Monday, November 18, 2002)]
[Proposed Rules]
[Pages 69494-69496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29118]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-170-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-10, -20, -
30, -40, and -50 Series Airplanes; and DC-9-81 (MD-81), DC-9-82 (MD-
82), DC-9-83 (MD-83), DC-9-87 (MD-87), and MD-88 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to all McDonnell Douglas transport 
category airplanes listed above. This proposal would require a check of 
the slant pressure panels of the wheel wells of the left and right main 
landing gear (MLG) for water leakage, and repair of any leaks found. 
This action is necessary to prevent the accumulation of water in the 
wheel wells of the MLG during flight, which could freeze on the lateral 
control mixer and control cables, resulting in restricted lateral 
control and consequent reduced controllability of the airplane. This 
action is intended to address the identified unsafe condition.

[[Page 69495]]


DATES: Comments must be received by January 2, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-170-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. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2001-NM-170-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    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: 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.

FOR FURTHER INFORMATION CONTACT: Wahib Mina, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; 
telephone (562) 627-5324; 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 action may be changed in 
light of the comments received.
    Submit comments using the following format:
    [sbull] Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
    [sbull] For each issue, state what specific change to the proposed 
AD is being requested.
    [sbull] Include justification (e.g., reasons or data) for each 
request.
    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 action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2001-NM-170-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. 2001-NM-170-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received numerous reports indicating water leakage from 
the slant pressure panel into the wheel well of the main landing gear 
(MLG) on certain McDonnell Douglas Model DC-9 series airplanes. The 
water froze on the lateral control mixer and control cables. If the 
slant pressure panel drain valve is clogged, or a drain system is not 
installed, any water that accumulates during flight will be squeezed 
out of the panel into the wheel well due to damaged sealant. 
Accumulation of water in the wheel wells of the MLG could freeze on the 
lateral control mixer and control cables, resulting in restricted 
lateral control and consequent reduced controllability of the airplane.

Explanation of Relevant Service Information

    We have reviewed and approved Boeing Alert Service Bulletin DC9-
53A295, Revision 01, including Appendix A, dated February 28, 2002, 
which describes procedures for a check of the slant pressure panels of 
the wheel wells of the left and right MLG for water leakage, and repair 
of any leaks found. The leak check includes the following:
    [sbull] Pressurizing the airplane to 1 pound per square inch gage 
and checking the panels for leaks;
    [sbull] Marking any leaks found;
    [sbull] Pressurizing the airplane to 3 pounds per square inch gage 
and checking the panels for additional leaks;
    [sbull] Marking any leaks found and depressurizing the airplane; 
and
    [sbull] Repairing all leaks found and pressurizing the airplane to 
3 pounds per square inch gage to verify that all leaks are repaired.
    The service bulletin also recommends reporting initial leak check 
findings to the manufacturer. Accomplishment of the actions specified 
in the service bulletin is intended to adequately address the 
identified unsafe condition.

Explanation of Requirements of Proposed AD

    Since an unsafe condition has been identified that is likely to 
exist or develop on other products of this same type design, the 
proposed AD would require accomplishment of the actions specified in 
the service bulletin described previously, except as discussed below.

Difference Between Service Information and Proposed AD

    Although the service bulletin recommends that operators report 
findings to the manufacturer after doing the initial leak check, this 
proposed AD does not include such a reporting requirement.

Cost Impact

    There are approximately 1,919 airplanes of the affected design in 
the worldwide fleet. The FAA estimates that 1,159 airplanes of U.S. 
registry would be affected by this proposed AD, that it would take 
approximately 4 work hours per airplane to accomplish the proposed leak 
check, 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 $278,160, or $240 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 proposed 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,

[[Page 69496]]

planning time, or time necessitated by other administrative actions.

Regulatory Impact

    The regulations proposed herein would 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 proposal would not have federalism implications 
under Executive Order 13132.
    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 2001-NM-170-AD.

    Applicability: All Model DC-9-14, DC-9-15, DC-9-15F, DC-9-21, 
DC-9-31, DC-9-32, DC-9-32 (VC-9C), DC-9-32F, DC-9-32F (C-9A, C-9B), 
DC-9-33F, DC-9-34, DC-9-34F, DC-9-41, and DC-9-51 airplanes; and DC-
9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), and 
MD-88 airplanes; 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 accumulation of water in the wheel wells of the 
left and right main landing gear (MLG), which could freeze on the 
lateral control mixer and control cables, resulting in restricted 
lateral control and consequent reduced controllability of the 
airplane; accomplish the following:

Leak Check/Repair

    (a) Prior to the accumulation of 40,000 flight hours since date 
of manufacture, or within 18 months after the effective date of this 
AD, whichever is later: Do a check of the slant pressure panels of 
the wheel wells of the left and right MLG for water leakage 
(including pressurizing the airplane and checking the panels for 
leaks; depressurizing the airplane to repair leaks; and pressurizing 
the airplane again to verify that all leaks are repaired), per the 
Accomplishment Instructions of Boeing Alert Service Bulletin DC9-
53A295, Revision 01, including Appendix A, dated February 28, 2002. 
If any leaks are found, before further flight, repair per the 
service bulletin. If no leaks are found, no further action is 
required by this AD.

Credit for Actions Done per Previous Issue of Service Bulletin

    (b) Accomplishment of the check for water leakage and repair of 
leaks found, before the effective date of this AD, per Boeing Alert 
Service Bulletin DC9-53A295, including Appendix A, dated May 8, 
2001, is acceptable for compliance with paragraph (a) of this AD.

    Note 2: Although Boeing Alert Service Bulletins DC9-53A295, 
including Appendix A, dated May 8, 2001; and Revision 01, including 
Appendix A, dated February 28, 2002; recommend that operators report 
findings to the manufacturer after doing the initial leak check, 
this AD does not contain such a reporting requirement.

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.

    Issued in Renton, Washington, on November 8, 2002.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-29118 Filed 11-15-02; 8:45 am]
BILLING CODE 4910-13-P