[Federal Register Volume 59, Number 200 (Tuesday, October 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25695]
[[Page Unknown]]
[Federal Register: October 18, 1994]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 94-NM-100-AD]
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: 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 McDonnell Douglas Model DC-9 and
DC-9-80 series airplanes, Model MD-88 airplanes, and Model C-9
(military) airplanes. This proposal would require inspection of the
tailcone release locking cable fitting assembly, and replacement or
modification of the assembly, if necessary. This proposal 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 the proposed 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: Comments must be received by December 13, 1994.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 94-NM-100-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.
The service information referenced in the proposed rule 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 FAA, Transport Airplane Directorate, 1601 Lind Avenue,
SW., Renton, Washington; or at FAA, Los Angeles Aircraft Certification
Office, Transport Airplane Directorate, 3229 East Spring Street, Long
Beach, California.
FOR FURTHER INFORMATION CONTACT: Walter Eierman, Aerospace Engineer,
Systems & Equipment Branch, ANM-130L, Los Angeles Aircraft
Certification Office, FAA, Transport Airplane Directorate, 3229 East
Spring Street, Long Beach, California 90806-2425; telephone (310) 988-
5336; fax (310) 988-5210.
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 notice may be changed in
light of the comments received.
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 notice must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 94-NM-100-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-103, Attention: Rules
Docket No. 94-NM-100-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
One operator of McDonnell Douglas Model DC-9 series airplanes has
reported that, while performing a functional drop test of the tailcone,
the locking cable connected to the internal handle jammed inside the
handle fitting assembly. This prevented the tailcone from deploying.
Investigation revealed that the swaged ball on the cable had jammed
after passing into the handle hole. This condition, if not corrected,
could prevent the tailcone from deploying, which could impede the
egress of passengers from the airplane during an emergency evacuation.
The FAA has reviewed and approved McDonnell Douglas DC-9 Service
Bulletin 53-269, dated August 11, 1994, which describes procedures for
inspecting the tailcone release locking cable fitting assembly to
determine if the swaged ball can enter the handle hole from the locking
cable. It also describes procedures for replacing or modifying the
fitting to ensure the proper operation of the assembly.
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 inspecting the tailcone release locking cable
fitting assembly, and replacing or modifying fittings that do not
operate properly. This proposed AD would also require the eventual
replacement or modification of the fitting on all airplanes. The
actions would be required to be accomplished in accordance with the
service bulletin described previously.
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 would be affected by this proposed AD.
The proposed inspection would take approximately 2 work hours per
airplane to accomplish, at an average labor rate of $55 per work hour.
Based on these figures, the total cost impact of this proposed action
on U.S. operators is estimated to be $128,700, or $110 per airplane.
The proposed replacement or modification would take approximately 5
work hours per airplane to accomplish, at an average labor rate of $55
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 $3,115,710, or
$2,663 per airplane.
The total cost impact figures discussed above are 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 AD were not adopted.
The FAA recognizes that the obligation to maintain aircraft in an
airworthy condition is vital, but sometimes expensive. Because AD's
require specific actions to address specific unsafe conditions, they
appear to impose costs that would not otherwise be borne by operators.
However, because of the general obligation of operators to maintain
aircraft in an airworthy condition, this appearance is deceptive.
Attributing those costs solely to the issuance of this AD is
unrealistic because, in the interest of maintaining safe aircraft, most
prudent operators would accomplish the required actions even if they
were not required to do so by the AD.
A full cost-benefit analysis has not been accomplished for this
proposed AD. As a matter of law, in order to be airworthy, an aircraft
must conform to its type design and be in a condition for safe
operation. The type design is approved only after the FAA makes a
determination that it complies with all applicable airworthiness
requirements. In adopting and maintaining those requirements, the FAA
has already made the determination that they establish a level of
safety that is cost-beneficial. When the FAA, as in this proposed AD,
makes a finding of an unsafe condition, this means that the original
cost-beneficial level of safety is no longer being achieved and that
the proposed actions are necessary to restore that level of safety.
Because this level of safety has already been determined to be cost-
beneficial, a full cost-benefit analysis for this proposed AD would be
redundant and unnecessary.
The regulations proposed herein would 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
proposal would not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
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. 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:
McDonnell Douglas: 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.
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: 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
Secs. 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 October 12, 1994.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 94-25695 Filed 10-17-94; 8:45 am]
BILLING CODE 4910-13-U
