[Federal Register Volume 75, Number 150 (Thursday, August 5, 2010)]
[Rules and Regulations]
[Pages 47199-47201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18620]
[[Page 47199]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0702; Directorate Identifier 2010-NM-144-AD;
Amendment 39-16380; AD 2009-15-16 R1]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Corporation Model DC-
9-10 Series Airplanes, DC-9-30 Series Airplanes, DC-9-81 (MD-81)
Airplanes, DC-9-82 (MD-82) Airplanes, DC-9-83 (MD-83) Airplanes, DC-9-
87 (MD-87) Airplanes, MD-88 Airplanes, and MD-90-30 Airplanes, Equipped
With Flight Deck Doors Installed in Accordance With Supplemental Type
Certificate ST02463AT
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is revising an existing airworthiness directive (AD),
which applies to all McDonnell Douglas Model DC-9-10 series airplanes,
DC-9-30 series airplanes, DC-9-81 (MD-81) airplanes, DC-9-82 (MD-82)
airplanes, DC-9-83 (MD-83) airplanes, DC-9-87 (MD-87) airplanes, MD-88
airplanes, and MD-90-30 airplanes. That AD currently requires modifying
the flight deck door. This AD revises the applicability by removing
certain airplanes. This AD was prompted by a report indicating that
certain equipment of the flight deck door is defective. We are issuing
this AD to prevent failure of this equipment, which could jeopardize
flight safety.
DATES: This AD is effective August 5, 2010, to all persons except those
persons to whom it was made immediately effective by AD 2009-15-16,
issued July 15, 2009, which contained the requirements of this
amendment.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of August 5,
2010.
On July 6, 2010 (75 FR 38017, July 1, 2010), the Director of the
Federal Register approved the incorporation by reference of a certain
other publication listed in the AD.
We must receive any comments on this AD by September 20, 2010.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For service information identified in this AD, contact TIMCO
Aviation Services, 623 Radar Road, Greensboro, North Carolina 27410-
6221; telephone 336-668-4410, extension 3063; fax 336-662-8330;
Internet: http://www.timco.aero.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Office (telephone 800-647-5527) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Linda Haynes, Aerospace Engineer,
COS--Certificate Management Branch, ACE-102A, FAA, Atlanta Aircraft
Certification Office, 1701 Columbia Avenue, College Park, GA 30337;
telephone 404-474-5525; fax 404-474-5606.
SUPPLEMENTARY INFORMATION:
Discussion
On June 18, 2010, we issued AD 2009-15-16, Amendment 39-16345 (75
FR 38017, July 1, 2010). That AD applies to all McDonnell Douglas
Corporation Model DC-9-10 series airplanes, DC-9-30 series airplanes,
DC-9-81 (MD-81) airplanes, DC-9-82 (MD-82) airplanes, DC-9-83 (MD-83)
airplanes, DC-9-87 (MD-87) airplanes, MD-88 airplanes, and MD-90-30
airplanes. That AD requires modifying the flight deck door. That AD was
prompted by a report indicating that certain equipment of the flight
deck door is defective. The actions specified in that AD are intended
to prevent failure of this equipment, which could jeopardize flight
safety.
Actions Since AD Was Issued
Since we issued that AD, we have learned that certain airplanes
were incorrectly included in the applicability. The only airplanes
subject to the identified unsafe condition are those equipped with
flight deck doors installed in accordance with Supplemental Type
Certificate (STC) ST02463AT.
Relevant Service Information
AD 2009-15-16 referred to TIMCO Service Bulletin TSB-88-52-045,
Revision E, dated November 6, 2008, as the appropriate source of
service information for the required modification. TIMCO has since
revised the service bulletin. Revision G, dated December 8, 2009,
changes Part II., ``Approval Basis,'' by referring to STC ST02463AT.
The procedures specified in Revision G of this service bulletin are
unchanged from those in Revision E.
FAA's Determination and Requirements of this AD
The unsafe condition described previously is likely to exist or
develop on other airplanes of these same type designs. For this reason,
we are issuing this AD to revise AD 2009-15-16. This new AD retains the
requirements of the existing AD, and includes the following changes:
This new AD revises the applicability by removing
airplanes that do not have flight deck doors installed in accordance
with STC ST02463AT.
This new AD also refers to TIMCO Service Bulletin TSB-88-
52-045, Revision G, dated December 8, 2009, as the appropriate source
of service information for the required modification.
This new AD adds new paragraph (h) in this AD to give
credit for actions done before the effective date in accordance with
TIMCO Service Bulletin TSB-88-52-045, Revision F, dated November 2,
2009.
FAA's Justification and Determination of the Effective Date
Certain defective equipment of the flight deck door could result in
failure of the equipment and jeopardize flight safety. Because of our
requirement to promote safe flight of civil aircraft and thus the
critical need to ensure the proper functioning of the flight crew door,
as well as the short compliance time involved with this action and the
need to advise operators of the reduced applicability, this AD must be
issued immediately.
Because an unsafe condition exists that requires the immediate
adoption of this AD, we find that notice and opportunity for prior
public comment hereon are impracticable and that good cause exists for
making this amendment effective in less than 30 days.
[[Page 47200]]
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments before it becomes effective. However, we invite
you to send any written data, views, or arguments about this AD. Send
your comments to an address listed under the ADDRESSES section. Include
``Docket No. FAA-2010-0702; Directorate Identifier 2010-NM-144-AD'' at
the beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of this
AD. We will consider all comments received by the closing date and may
amend this AD because of those comments.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.
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 the 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. 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 part 39 of the Federal Aviation Regulations (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 FAA amends Sec. 39.13 by removing Amendment 39-16345 (75 FR
38017, July 1, 2010) and adding the following new AD:
2009-15-16 R1 McDonnell Douglas Corporation: Amendment 39-16380.
Docket No. FAA-2010-0702; Directorate Identifier 2010-NM-144-AD.
Effective Date
(a) This airworthiness directive (AD) is effective August 5,
2010, to all persons except those persons to whom it was made
immediately effective by AD 2009-15-16, issued July 15, 2009, which
contained the requirements of this amendment.
Affected ADs
(b) This AD revises AD 2009-15-16, Amendment 39-16345.
Applicability
(c) This AD applies to McDonnell Douglas Corporation Model DC-9-
11, DC-9-12, DC-9-13, DC-9-14, DC-9-15, and DC-9-15F airplanes,
Model DC-9-31, DC-9-32, DC-9-32 (VC-9C), DC-9-32F, DC-9-33F, DC-9-
34, DC-9-34F, and DC-9-32F (C-9A, C-9B) airplanes, Model DC-9-81
(MD-81) airplanes, Model DC-9-82 (MD-82) airplanes, Model DC-9-83
(MD-83) airplanes, Model DC-9-87 (MD-87) airplanes, Model MD-88
airplanes, and Model MD-90-30 airplanes; certificated in any
category; equipped with flight deck doors installed in accordance
with Supplemental Type Certificate ST02463AT.
Subject
(d) Air Transport Association (ATA) of America Code 52: Doors.
Unsafe Condition
(e) This AD was prompted by a report indicating that the current
design of certain equipment of the flight deck door is defective.
The Federal Aviation Administration is issuing this AD to prevent
the failure of this equipment, which could jeopardize flight safety.
Compliance
(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Installation
(g) Within 30 days after July 6, 2010 (the effective date of AD
2009-15-16), modify the flight deck door, in accordance with TIMCO
Service Bulletin TSB-88-52-045, Revision E, dated November 6, 2008;
or Revision G, dated December 8, 2009.
Actions Accomplished According to Previous Issue of Service Bulletin
(h) Modification of the flight deck door before the effective
date of this AD in accordance with TIMCO Service Bulletin TSB-88-52-
045, Revision F, dated November 2, 2009, is acceptable for
compliance with the corresponding requirements of this AD.
Alternative Methods of Compliance (AMOCs)
(i)(1) The Manager, Atlanta Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Send information to
ATTN: Linda Haynes, Aerospace Engineer, COS--Certificate Management
Branch, ACE-102A, FAA, Atlanta Aircraft Certification Office, 1701
Columbia Avenue, College Park, GA 30337; telephone 404-474-5525; fax
404-474-5606.
(2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically refer to this AD.
(3) AMOCS previously in accordance with AD 2009-15-16, amendment
39-16345, are approved as AMOCs for the corresponding provisions of
this AD.
Material Incorporated by Reference
(j) You must use TIMCO Service Bulletin TSB-88-52-045, Revision
E, dated November 6, 2008; or TIMCO Service Bulletin TSB-88-52-045,
Revision G, dated December 8, 2009; to do the actions required by
this AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of TIMCO Service Bulletin TSB-88-52-045,
[[Page 47201]]
Revision G, dated December 8, 2009, under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) The Director of the Federal Register previously approved the
incorporation by reference of TIMCO Service Bulletin TSB-88-52-045,
Revision E, dated November 6, 2008, on July 6, 2010 (75 FR 38017,
July 1, 2010).
(3) For service information identified in this AD, contact TIMCO
Aviation Services, 815 Radar Road, Greensboro, North Carolina 27410-
6221; telephone 336-668-4410, extension 3063; fax 336-662-8330;
Internet: http://www.timco.aero.
(4) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call 425-227-1221.
(5) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at 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 July 16, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-18620 Filed 8-4-10; 8:45 am]
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