[Federal Register Volume 71, Number 51 (Thursday, March 16, 2006)]
[Rules and Regulations]
[Pages 13529-13533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2409]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22121; Directorate Identifier 2004-NM-128-AD; 
Amendment 39-14512; AD 2006-06-04]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which applies to certain McDonnell Douglas Model DC-9-10, -20, -
30, -40 and -50 series airplanes, and Model DC-9-81 (MD-81), and DC-9-
82 (MD-82) airplanes. That AD currently requires installing a water 
drain system for the slant pressure panels in the left and right wheel 
wells of the main landing gear (MLG). This new AD also requires 
inspecting the seal assemblies of the overwing emergency exit doors for 
defects and constant gap; replacing defective door seals; performing 
repetitive operational checks of the water drain system auto drain 
valve and corrective actions if necessary; and, for certain airplanes, 
modifying the insulation blankets on the slant pressure panels in the 
left and right MLG wheel wells. This AD results from reports of water 
runoff from the slant pressure panels in the left and right MLG wheel 
wells, which subsequently froze on the lateral control mixer and 
control cable assemblies. We are issuing this AD to prevent ice from 
forming on the lateral control mixer and control cable assemblies, 
which could reduce controllability of the airplane.

DATES: This AD becomes effective April 20, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of April 20, 
2006.
    On August 18, 1993 (58 FR 38511, July 19, 1993), the Director of 
the Federal Register approved the incorporation by reference of certain 
other publications listed in the AD.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street SW., Nassif Building, 
room PL-401, Washington, DC.
    Contact Boeing Commercial Airplanes, Long Beach Division, 3855 
Lakewood Boulevard, Long Beach, California 90846, Attention: Data and 
Service Management, Dept. C1-L5A (D800-0024), for service information 
identified in this AD.

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:

[[Page 13530]]

Examining the Docket

    You may examine the airworthiness directive (AD) docket on the 
Internet at http://dms.dot.gov or in person at the Docket Management 
Facility office between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Management Facility office 
(telephone (800) 647-5227) is located on the plaza level of the Nassif 
Building at the street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that supersedes AD 93-13-07, amendment 39-
8620 (58 FR 38511, July 19, 1993). The existing AD applies to certain 
McDonnell Douglas Model DC-9-10, -20, -30, -40 and -50 series 
airplanes, Model DC-9-81 and DC-9-82 series airplanes, and Model C-9 
(Military) airplanes. That NPRM was published in the Federal Register 
on August 18, 2005 (70 FR 48502). That NPRM proposed to continue to 
require installing a water drain system for the slant pressure panels 
in the left and right wheel wells of the main landing gear (MLG). That 
NPRM also proposed to require inspecting the seal assemblies of the 
overwing emergency exit doors for defects and constant gap; replacing 
defective door seals; performing repetitive operational checks of the 
water drain system auto drain valve and corrective actions if 
necessary; and, for certain airplanes, modifying the insulation 
blankets on the slant pressure panels in the left and right MLG wheel 
wells.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments that have been 
received on the NPRM.

Request To Eliminate Need for Alternate Method of Compliance (AMOC)

    One commenter requests that we eliminate the need to request an 
AMOC. The commenter states that certain freighter airplanes had the 
auto drain valve removed in accordance with an AMOC with AD 93-13-07, 
which makes it impossible to perform the inspection required by 
paragraph (i) of the NPRM. The commenter states that revising paragraph 
(i) to address only airplanes that have not had the auto drain valve 
removed as discussed here would eliminate any need to request an AMOC 
in accordance with paragraph (i) of the NPRM.
    We partially agree with this request. It is possible that an 
airplane that has had the auto drain valve removed as described could 
have the auto drain valve re-installed at some point. Therefore, we 
have revised paragraph (i) of the AD to be applicable to ``any airplane 
which is equipped with an auto drain valve of the slant pressure panel 
water drain system.''

Request To Provide Reference to Aircraft Maintenance Manual (AMM)

    One commenter requests that we provide a reference of where to 
obtain instructions to accomplish the operational check of the auto 
drain valve system. The commenter states that paragraph (i) of the NPRM 
does not contain any details of where to find such instructions.
    We agree with this request. Therefore, we have revised paragraph 
(i) of the AD to state that Chapter 51-10-01 of the Boeing MD-80 AMM or 
Chapter 51-00-01 of the Douglas DC-9 AMM is one approved method of 
performing the operational check and replacement of the auto drain 
valve.

Request To Revise Note 2

    The same commenter requests that we revise Note 2 of the NPRM. The 
commenter states that paragraph (h) of the NPRM gives credit for 
inspections required by paragraph (g) of the AD that were performed 
before the effective date of the AD. The commenter believes that Note 2 
should refer to paragraph (i) of the AD rather than paragraph (h) as 
Note 2 addresses documenting the repetitive inspections required by 
paragraph (i).
    We agree with this request. Note 2 of the AD incorrectly referred 
to paragraph (h) of the AD, and we have revised Note 2 to refer to 
paragraph (i) of the AD as discussed.

Request To Eliminate Concurrent Service Bulletin

    The same commenter requests that we reconsider paragraph (j) of the 
NPRM. The commenter states that the modification of the insulation 
blankets installed on the slant pressure panel and the general visual 
inspection specified in McDonnell Douglas Service Bulletin DC9-53-268, 
dated August 11, 1995 are mandated by paragraphs (a)(1) and (a)(2) of 
AD 96-11-04, amendment 39-9629 (61 FR 25557, May 22, 1996). The 
commenter asserts that these actions are also specified in McDonnell 
Douglas Service Bulletin DC9-53-268 R01, Revision 01, dated July 18, 
1996, which is mandated for concurrent accomplishment by this AD. The 
commenter also asserts that Service Bulletin DC9-53-268 R01, Revision 
01 states, ``No additional work is required by this revision for 
aircraft modified by prior issue of this service bulletin.'' We infer 
that the commenter believes that paragraph (j) is unnecessary and is 
requesting us to eliminate paragraph (j) from the AD.
    We partially agree with this request. Though the requirements of 
paragraph (a)(1) of AD 96-11-04 apply to all airplanes identified in 
the original issue of Service Bulletin DC9-53-268, dated August 11, 
1995, the requirements of paragraph (j) of this AD apply only to 
certain airplanes identified in Service Bulletin DC9-53-268 R01, 
Revision 01, that are also identified in Boeing Service Bulletin DC9-
53-179, Revision 2, dated May 27, 2004. Airplanes already modified as 
specified in Service Bulletin DC9-53-268 (the appropriate source of 
service information for doing the requirements of paragraph (a)(1) of 
AD 96-11-04), are in compliance with paragraph (j) of this AD. However, 
to prevent any confusion, we have revised paragraph (j) to clarify that 
only certain airplanes are subject to the requirements of paragraph 
(j).

Request To Eliminate Inspection

    The same commenter requests that we eliminate the one-time visual 
inspection of the overwing door seal assemblies proposed by paragraph 
(g) of the NPRM. The commenter states that this inspection is required 
by paragraph (a)(2) of AD 96-11-04, in accordance with McDonnell 
Douglas Service Bulletin DC9-53-268, dated August 11, 1995. The 
commenter also states that Service Bulletin DC9-53-268 and Service 
Bulletin DC9-53-179, Revision 2, both state that this inspection is to 
be accomplished in accordance with Chapter 52-21-00 of the Boeing MD-80 
AMM or Chapter 52-21-0 of the Douglas DC-9 AMM, as applicable. The 
commenter believes that the inspection requirements of paragraph (g) 
were previously addressed by AD 96-11-04 and should not be repeated 
here.
    We agree that both service bulletins refer to the same AMM chapter 
for performing the inspection required by paragraph (a)(2) of AD 96-11-
04 and paragraph (g) of this AD. However, the inspection required by 
paragraph (g) of this AD is intended only for airplanes identified in 
the applicability of Service Bulletin DC9-53-179, Revision 2, and not 
for airplanes identified in the applicability of Service Bulletin DC9-
53-268. In addition, even if certain airplanes should be identified in 
both service bulletins, paragraph (e) of this AD states ``unless the 
actions have already been done.'' This statement means that, if any 
visual inspection of

[[Page 13531]]

any overwing door seal assembly has been performed before the effective 
date of this AD in accordance with either service bulletin or paragraph 
(a)(2) of AD 96-11-04, no further visual inspection of that assembly is 
required by this AD. However, we have revised paragraph (h) of this AD 
to state that inspections done in accordance with paragraph (a)(2) of 
AD 96-11-04 are acceptable for compliance with the corresponding 
actions of this AD.

Request To Supersede Additional AD

    One commenter requests that we revise the NPRM to supersede AD 96-
11-04 as well as AD 93-13-07. The commenter states that paragraphs (g) 
and (j) of this AD constitute the same inspections and modifications as 
those required by AD 96-11-04 to be accomplished in accordance with 
Service Bulletin DC9-53-268 or DC9-53-268 R01, Revision 01. The 
commenter asserts that those inspections should be considered 
acceptable for compliance with the inspections required by paragraphs 
(g) and (j) of this AD. The commenter further asserts that the AMOC 
approved according to AD 96-11-04 should be approved as an AMOC for 
this AD.
    We partially agree with this request. As already discussed, the 
inspections required by paragraph (a)(2) of AD 96-11-04 and paragraph 
(g) of this AD refer to the same AMM chapter; therefore, we have given 
credit for inspections done in accordance with paragraph (a)(2) of AD 
96-11-04. Further, as already discussed and as specified in paragraph 
(j) of this AD, airplanes which have been modified in accordance with 
Service Bulletin DC9-53-268 as required by paragraph (a)(1) of AD 96-
11-04 require no additional modification. Therefore, we will not 
supersede AD 96-11-04. However, we agree that AMOCs approved according 
to AD 96-11-04 also are acceptable for compliance with the requirements 
of this AD. Therefore, we have revised paragraph (k)(2) of the NPRM to 
state that AMOCs previously approved according to AD 96-11-04 are 
approved as AMOCs for the corresponding requirements of this AD; and, 
due to clarification of the AMOC paragraph as discussed below, we have 
re-identified paragraph (k)(2) of the NPRM as paragraph (k)(3) of the 
AD.

Clarification of AMOC Paragraph

    We have added new paragraph (k)(2) to this action to clarify the 
appropriate procedure for notifying the principal inspector before 
using any approved AMOC on any airplane to which the AMOC applies.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been received, and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously as well as certain minor editorial changes that do not 
affect the legal or technical content of the AD. We have determined 
that these changes will neither increase the economic burden on any 
operator nor increase the scope of the AD.

Costs of Compliance

    There are about 2,025 airplanes of the affected design in the 
worldwide fleet. This AD affects about 1,131 airplanes of U.S. 
registry. The following table provides the estimated costs, using an 
average labor rate of $65 per hour, for U.S. operators to comply with 
this AD.

                                                 Estimated Costs
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                                                                  Work               Cost per
                            Action                               hours    Parts      airplane       Fleet cost
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Install water drain system (required by AD 93-13-07)..........        8     $613          $1,133      $1,281,423
Inspect overwing emergency exit door seal assemblies (new             1      N/A              65          73,515
 action)......................................................
Modify insulation blankets of slant pressure panel (new action        8      N/A             520         588,120
 for certain airplanes only)..................................
Check auto drain valve of slant pressure panel water drain            1      N/A           \1\65       \1\73,515
 system (new action)..........................................
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\1\ Per inspection cycle.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    (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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-8620 (58 FR 38511, July 19, 1993) and by adding

[[Page 13532]]

the following new airworthiness directive (AD):

2006-06-04 McDonnell Douglas: Amendment 39-14512. Docket No. FAA-
2005-22121; Directorate Identifier 2004-NM-128-AD.

Effective Date

    (a) This AD becomes effective April 20, 2006.

Affected ADs

    (b) This AD supersedes AD 93-13-07.

Applicability

    (c) This AD applies to McDonnell Douglas Model DC-9-11, DC-9-12, 
DC-9-13, 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-9-33F, DC-9-34, DC-9-34F, DC 9-32F (C-9A, 
C-9B), DC-9-41, DC-9-51, DC-9-81 (MD-81), and DC-9-82 (MD-82) 
airplanes; as identified in Boeing Service Bulletin DC9-53-179, 
Revision 2, dated May 27, 2004; certificated in any category.

Unsafe Condition

    (d) This AD was prompted by reports of water runoff from the 
slant pressure panels in the left and right main landing gear (MLG) 
wheel wells, which subsequently froze on the lateral control mixer 
and control cable assemblies. We are issuing this AD to prevent ice 
from forming on the lateral control mixer and control cable 
assemblies, which could reduce controllability of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Restatement of Requirements of AD 93-13-07

Installation of Water Drain System

    (f) Within 24 months after August 18, 1993 (the effective date 
of AD 93-13-07), install a water drain system in the slant pressure 
panel, in accordance with McDonnell Douglas DC-9 Service Bulletin 
53-179, dated January 18, 1985, as amended by Service Bulletin 
Change Notification 53-179 CN1, dated February 28, 1985, and Service 
Bulletin Change Notification 53-179 CN2, dated May 30, 1985; 
McDonnell Douglas Service Bulletin DC9-53-179, Revision 01, dated 
March 30, 1999; or Boeing Service Bulletin DC9-53-179, Revision 2, 
dated May 27, 2004. After the effective date of this AD, only Boeing 
Service Bulletin DC9-53-179, Revision 2, dated May 27, 2004, may be 
used.

New Requirements of This AD

Inspection of Door Seal Assemblies

    (g) For all airplanes: Within 24 months after the effective date 
of this AD, perform a general visual inspection of the seal 
assemblies of the overwing emergency exit doors for defects and 
constant gap, and, before further flight, replace any defective door 
seal with a new door seal; in accordance with the Accomplishment 
Instructions of Boeing Service Bulletin DC9-53-179, Revision 2, 
dated May 27, 2004.

    Note 1: For the purposes of this AD, a general visual inspection 
is: ``A visual examination of an interior or exterior area, 
installation, or assembly to detect obvious damage, failure, or 
irregularity. This level of inspection is made from within touching 
distance unless otherwise specified. A mirror may be necessary to 
ensure visual access to all surfaces in the inspection area. This 
level of inspection is made under normally available lighting 
conditions such as daylight, hangar lighting, flashlight, or 
droplight and may require removal or opening of access panels or 
doors. Stands, ladders, or platforms may be required to gain 
proximity to the area being checked.''

Inspections Already Accomplished

    (h) Inspections accomplished before the effective date of this 
AD in accordance with McDonnell Douglas Service Bulletin DC9-53-179, 
Revision 01, dated March 30, 1999; or McDonnell Douglas Service 
Bulletin DC9-53-268, dated August 11, 1995, as referenced in 
paragraph (a)(2) of AD 96-11-04; are considered acceptable for 
compliance with the requirements of paragraph (g) of this AD.

Operational Check of Drain Valve

    (i) For any airplane which is equipped with an auto drain valve 
of the slant pressure panel water drain system: Within 24 months 
after the effective date of this AD, perform an operational check of 
the auto drain valve and repeat this check at intervals not to 
exceed 24 months. If any auto drain valve is found to be obstructed 
or inoperative, before further flight, replace the auto drain valve 
with a new auto drain valve according to a method approved by the 
Manager, Los Angeles Aircraft Certification Office (ACO), FAA. 
Chapter 51-10-01 of the Boeing MD-80 Aircraft Maintenance Manual 
(AMM) or Chapter 51-00-01 of the Douglas DC-9 AMM, as applicable, is 
one approved method of performing the operational check and 
replacement of the auto drain valve.

    Note 2: After an operator complies with the requirements of 
paragraph (i) of this AD, paragraph (i) does not require that 
operators subsequently record accomplishment of those requirements 
each time an auto drain valve is checked or replaced according to 
that operator's FAA-approved maintenance inspection program.

Concurrent Service Bulletin for Certain Airplanes Only

    (j) For airplanes identified in Boeing Service Bulletin DC9-53-
179, Revision 2, dated May 27, 2004, that are also identified in 
McDonnell Douglas Service Bulletin DC9-53-268 R01, Revision 01, 
dated July 18, 1996: At the applicable compliance time specified in 
paragraph (j)(1) or (j)(2) of this AD, modify the insulation 
blankets on the slant pressure panels in the left and right wheel 
wells of the MLG, in accordance with Boeing Service Bulletin DC9-53-
268 R01, Revision 01, dated July 18, 1996. Modifications 
accomplished before the effective date of this AD as specified in 
McDonnell Douglas Service Bulletin DC9-53-268, dated August 11, 
1995, are acceptable for compliance with this paragraph.
    (1) For airplanes that have been modified, as specified in 
paragraph (f) of this AD, prior to the effective date of this AD: 
Within 24 months after the effective date of this AD.
    (2) For airplanes that have not been modified, as specified in 
paragraph (f) of this AD, prior to the effective date of this AD: 
Prior to or concurrently with the accomplishment of paragraph (f) of 
this AD.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, Los Angeles ACO, has the authority to 
approve AMOCs for this AD, if requested in accordance with the 
procedures found in 14 CFR 39.19.
    (2) Before using any AMOC approved in accordance with 14 CFR 
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.
    (3) AMOCs approved previously in accordance with AD 93-13-07 and 
AD 96-11-04 are approved as AMOCs for the corresponding requirements 
of this AD.

Material Incorporated by Reference

    (l) You must use the service information listed in Table 1 of 
this AD, as applicable, to perform the actions that are required by 
this AD, unless the AD specifies otherwise.

                                  Table 1.--Material Incorporated by Reference
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            Service information                    Revision level                          Date
----------------------------------------------------------------------------------------------------------------
Boeing Service Bulletin DC9-53-179........  2..........................  May 27, 2004.
McDonnell Douglas DC-9 Service Bulletin 53- Original...................  January 18, 1985.
 179.
McDonnell Douglas Service Bulletin DC9-53-  01.........................  March 30, 1999.
 179.
McDonnell Douglas Service Bulletin DC9-53-  01.........................  July 18, 1996.
 268 R01.
Service Bulletin Change Notification 53-    Original...................  February 28, 1985.
 179 CN1 for McDonnell Douglas DC-9
 Service Bulletin 53-179, dated January
 18, 1985.
Service Bulletin Change Notification 53-    Original...................  May 30, 1985.
 179 CN2 for McDonnell Douglas DC-9
 Service Bulletin 53-179, dated January
 18, 1985.
----------------------------------------------------------------------------------------------------------------


[[Page 13533]]

    (1) The Director of the Federal Register approved the 
incorporation by reference of McDonnell Douglas Service Bulletin 
DC9-53-179, Revision 01, dated March 30, 1999; Boeing Service 
Bulletin DC9-53-179, Revision 2, dated May 27, 2004; and McDonnell 
Douglas Service Bulletin DC9-53-268 R01, Revision 01, dated July 18, 
1996; in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) On August 18, 1993 (58 FR 38511, July 19, 1993), the 
Director of the Federal Register approved the incorporation by 
reference of McDonnell Douglas DC-9 Service Bulletin 53-179, dated 
January 18, 1985; and Service Bulletin Change Notification 53-179 
CN1, dated February 28, 1985, and Service Bulletin Change 
Notification 53-179 CN2, dated May 30, 1985, for McDonnell Douglas 
DC-9 Service Bulletin 53-179, dated January 18, 1985.
    (3) Contact Boeing Commercial Airplanes, Long Beach Division, 
3855 Lakewood Boulevard, Long Beach, California 90846, Attention: 
Data and Service Management, Dept. C1-L5A (D800-0024), for a copy of 
this service information. You may review copies at the Docket 
Management Facility, U.S. Department of Transportation, 400 Seventh 
Street SW., room PL-401, Nassif Building, Washington, DC; on the 
Internet at http://dms.dot.gov; or at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at the NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on March 3, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-2409 Filed 3-15-06; 8:45 am]
BILLING CODE 4910-13-U