[Federal Register Volume 60, Number 13 (Friday, January 20, 1995)]
[Rules and Regulations]
[Pages 4074-4076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-792]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 94-NM-100-AD; Amendment 39-9121; AD 95-02-02]
Airworthiness Directives; McDonnell Douglas Model DC-9 and DC-9-
80 Series Airplanes, Model MD-88 Airplanes, and Model C-9 (Military)
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to McDonnell Douglas Model DC-9 and DC-9-80 series
airplanes, Model MD-88 airplanes, and Model C-9 (military) airplanes,
that requires inspection of the tailcone release locking cable fitting
assembly, and replacement or modification of the assembly, if
necessary. This amendment is prompted by reports of the inability of
the tailcone to deploy because the swaged ball on the cable had jammed
after passing into the release handle hole. The actions specified by
this AD are intended to prevent the inability of the tailcone to
deploy, which could impede the egress of passengers from the airplane
during an emergency evacuation.
DATES: Effective February 21, 1995.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of February 21, 1995.
ADDRESSES: The service information referenced in this AD may be
obtained from McDonnell Douglas Corporation, P.O. Box 1771, Long Beach,
California 90801-1771, Attention: Business Unit Manager, Technical
Administrative Support, Dept. L51, M.C. 2-98. 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,
Transport Airplane Directorate, 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: Walter Eierman, Aerospace Engineer,
Systems & Equipment Branch, ANM-130L, Los Angeles Aircraft
Certification Office, FAA, Transport Airplane Directorate, 3960
Paramount Boulevard, Lakewood, California 90712-4137; telephone (310)
627-5336; fax (310) 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 McDonnell Douglas Model DC-9 and
DC-9-80 series airplanes, Model MD-88 airplanes, and Model C-9
(military) airplanes, was published in the Federal Register on October
18, 1994 (59 FR 52485). That action proposed to require inspections of
the tailcone release locking cable fitting assembly, replacing or
modifying fittings that do not operate properly, and the eventual
replacement or modification of the fitting on all airplanes.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Several commenters supports the proposal.
One commenter regards the proposed inspection for proper operation
of the fitting assembly as unnecessary and requests that the proposed
rule be revised to delete this requirement. This
[[Page 4075]] commenter points out that similar inspections already are
required by AD 91-26-09 (amendment 39-8122, (57 FR 789, January 9,
1992)) and AD 92-01-03 (amendment 39-8126, (57 FR 1076, January 10,
1992)). The commenter considers that these previously required actions
already assure an adequate level of safety. The FAA does not concur.
The previously issued AD's cited by the commenter require inspections
for cracks of the interior and exterior tailcone release handles;
replacement or modification of the cable and handle assemblies to
terminate the inspections; and repetitive functional tests of the
tailcone release system at certain intervals. The functional testing
required by those AD's is similar, but not identical, to the inspection
required by this AD. Further, the FAA considers that one or more
successful functional operations of the assembly does not assure that
the fitting is acceptable and will not jam at the next activation. For
this reason, the FAA considers that the one-time inspection required by
this AD is warranted prior to the eventual replacement or modification
action.
This same commenter requests that the proposed compliance time of
36 months for replacement or modification of the fitting assembly be
extended if ample parts are not available to accomplish these required
actions. Based on the data available to date, the FAA does not consider
such an extension to be necessary. The FAA has received no indication
from the manufacturer that parts availability will be a problem. An
ample number of required parts is expected to be available to modify
the fleet within the 36-month compliance time. However, should an
operator encounter a problem with obtaining required parts in a timely
manner, it may request an adjustment of the compliance time under the
provisions of paragraph (c) of the final rule.
As a result of recent communications with the Air Transport
Association (ATA) of America, the FAA has learned that, in general,
some operators may misunderstand the legal effect of AD's on airplanes
that are identified in the applicability provision of the AD, but that
have been altered or repaired in the area addressed by the AD. The FAA
points out that all airplanes identified in the applicability provision
of an AD are legally subject to the AD. If an airplane has been altered
or repaired in the affected area in such a way as to affect compliance
with the AD, the owner or operator is required to obtain FAA approval
for an alternative method of compliance with the AD, in accordance with
the paragraph of each AD that provides for such approvals. A note has
been added to this final rule to clarify this requirement.
Additionally, the FAA has recently reviewed the figures it has used
over the past several years in calculating the economic impact of AD
activity. In order to account for various inflationary costs in the
airline industry, the FAA has determined that it is necessary to
increase the labor rate used in these calculations from $55 per work
hour to $60 per work hour. The economic impact information, below, has
been revised to reflect this increase in the specified hourly labor
rate.
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. The FAA has determined that these changes will neither
increase the economic burden on any operator nor increase the scope of
the AD.
There are approximately 1,986 Model DC-9 and DC-9-80 series
airplanes, Model MD-88 airplanes, and Model C-9 airplanes of the
affected design in the worldwide fleet. The FAA estimates that 1,170
airplanes of U.S. registry will be affected by this AD.
The required inspection will take approximately 2 work hours per
airplane to accomplish, at an average labor rate of $60 per work hour.
Based on these figures, the total cost impact of this action on U.S.
operators is estimated to be $140,400, or $120 per airplane.
The required replacement or modification would take approximately 5
work hours per airplane to accomplish, at an average labor rate of $60
per work hour. Required parts would cost approximately $2,388 per
airplane. Based on these figures, the total cost impact of this
proposed action on U.S. operators is estimated to be $3,144,960, or
$2,688 per airplane.
The total cost impact figure discussed above is 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 regulations adopted herein will not have substantial direct
effects 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, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
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. App. 1354(a), 1421 and 1423; 49 U.S.C.
106(g); and 14 CFR 11.89.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
95-02-02 McDonnell Douglas: Amendment 39-9121. Docket 94-NM-100-AD.
Applicability: Model DC-9 series airplanes, Model DC-9-80 (MD-
80) series airplanes, Model MD-88 airplanes, and Model C-9
(military) airplanes; as listed in McDonnell Douglas DC-9 Service
Bulletin 53-269, dated August 11, 1994; 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 use the authority
provided in paragraph (c) to request approval from the FAA. This
approval may address either no action, if the current configuration
eliminates the unsafe condition; or different actions necessary to
address the unsafe condition described in this AD. Such a request
should include an assessment of the effect of the changed
configuration on the [[Page 4076]] unsafe condition addressed by
this AD. In no case does the presence of any modification,
alteration, or repair remove any airplane from the applicability of
this AD.
Compliance: Required as indicated, unless accomplished
previously.
To prevent the inability of the tailcone to deploy, which could
impede the egress of passengers from the airplane during an
emergency evacuation, accomplish the following:
(a) Within 18 months after the effective date of this AD,
inspect the tailcone release locking cable fitting assembly for
proper operation in accordance with the procedures specified in
McDonnell Douglas DC-9 Service Bulletin 53-269, dated August 11,
1994. If the swaged ball on the cable can pass into the handle hole,
prior to further flight, replace or modify the fitting assembly in
accordance with the service bulletin.
(b) Within 36 months after the effective date of this AD,
replace or modify the fitting assembly in accordance with McDonnell
Douglas DC-9 Service Bulletin 53-269, dated August 11, 1994. Such
replacement or modification constitutes terminating action for the
requirements of this AD.
(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, Transport Airplane Directorate. 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 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Los Angeles ACO.
(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.
(e) The inspection, replacement, and modification shall be done
in accordance with McDonnell Douglas DC-9 Service Bulletin 53-269,
dated August 11, 1994. 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 McDonnell
Douglas Corporation, P.O. Box 1771, Long Beach, California 90801-
1771, Attention: Business Unit Manager, Technical Administrative
Support, Dept. L51, M.C. 2-98. 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, Transport Airplane Directorate, 3960 Paramount Boulevard,
Lakewood, California; or at the Office of the Federal Register, 800
North Capitol Street, NW., suite 700, Washington, DC.
(f) This amendment becomes effective on February 21, 1995.
Issued in Renton, Washington, on January 6, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 95-792 Filed 1-19-95; 8:45 am]
BILLING CODE 4910-13-U
