[Federal Register Volume 62, Number 208 (Tuesday, October 28, 1997)]
[Rules and Regulations]
[Pages 55730-55732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28319]
[[Page 55730]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 96-NM-95-AD; Amendment 39-10176; AD 97-22-05]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model DC-9 Series
Airplanes and C-9 (Military) Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive applicable
to certain McDonnell Douglas Model DC-9 series airplanes and C-9
(military) series airplanes, that requires modification of the
emergency internal release system of the tailcone and the accessory
compartment. This amendment is prompted by a report that, due to
failure of the tailcone release system, the tailcone did not deploy on
an airplane during an emergency evacuation. The actions specified by
this AD are intended to ensure that the emergency internal release
system of the tailcone performs its intended function in the event of
an emergency evacuation. The actions also are intended to prevent
people on board the airplane from striking their heads on exposed metal
frames in the tailcone area, which could cause injury and delay or
impede their evacuation during an emergency.
DATES: Effective December 2, 1997.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of December 2, 1997.
ADDRESSES: The service information referenced in this AD may be
obtained from The Boeing Company, Douglas Products Division, 3855
Lakewood Boulevard, Long Beach, California 90846, Attention: Technical
Publications Business Administration, Dept. C1-L51 (2-60). 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, Transport Airplane Directorate,
Los Angeles Aircraft Certification Office, 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: Albert H. Lam, Aerospace Engineer,
Systems and Equipment Branch, ANM-130L, FAA, Los Angeles Aircraft
Certification Office, 3960 Paramount Boulevard, Lakewood, California
90712; telephone (562) 627-5346; fax (562) 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 certain McDonnell Douglas Model
DC-9 series airplanes and C-9 (military) series airplanes was published
in the Federal Register on September 13, 1996 (61 FR 48433). That
action proposed to require modification of the emergency internal
release system of the tailcone and the accessory compartment.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Two commenters support the proposed rule.
Requests To Revise the Compliance Times of the Proposed
Modifications
One commenter requests that the compliance time for accomplishing
the proposed modifications be extended from the proposed 36 months to 4
years. The commenter states that such an extension will allow the
modifications to be accomplished during a regularly scheduled heavy
maintenance check and will allow time for procurement of additional
modification kits. The commenter also states that such an extension
will allow time for revising the affected manual; training of
inspection and maintenance personnel; drafting, checking, and approving
engineering documents; and testing and debugging the proposed
modifications.
Another commenter requests that the compliance times be shortened
to 12 months. This commenter suggests that the proposed compliance
times may be too long to fly with the potential of failure of the
emergency internal release system of the tailcone.
The FAA does not concur with either of these commenters' request.
In developing an appropriate compliance time for these modifications,
the FAA considered not only the degree of urgency associated with
addressing the unsafe condition, but the availability of required parts
and the practical aspect of installing the required modifications
within an interval of time that parallels normal scheduled maintenance
for the majority of affected operators. The manufacturer has advised
that an ample number of required parts will be available for
modification of the U.S. fleet within the proposed compliance period.
Further, the FAA estimates that the affected airplanes will undergo two
heavy maintenance checks during the proposed compliance time. In
addition, the FAA finds that the 36-month compliance time is sufficient
for operators to train their personnel and to incorporate the
modifications into various documents. However, under the provisions of
paragraph (c) of the final rule, the FAA may approve requests for
adjustments to the compliance time if data are presented to justify
such an adjustment.
Request To Remove Modification Requirement
Two commenters state that the modification specified in McDonnell
Douglas DC-9 Service Bulletin 53-257, Revision 1, dated February 9,
1996 [which is referenced in paragraph (a) of the proposal as the
appropriate source of service information] is difficult to accomplish
and only adds more problems to the existing tailcone release system.
One of these commenters contends that the tailcone release system
described in the referenced service bulletin is unacceptable for an
emergency exit system. This commenter also contends that the subject
modification cannot be accomplished on airplanes equipped with aft
ventral airstairs.
From these comments, the FAA infers that the commenters are
requesting that the proposed modification in paragraph (a) of the AD be
removed from the final rule. The FAA does not concur. The FAA
acknowledges that there were some problems associated with
accomplishing the modification in accordance with the original issue of
McDonnell Douglas DC-9 Service Bulletin 53-257, dated May 18, 1994.
However, the FAA finds that these problems were addressed and corrected
in Revision 1 of this service bulletin. The FAA recognizes that
Revision 1 of the service bulletin does not address airplanes on which
the aft ventral airstair handle has not been deactivated. However,
based on a survey conducted by McDonnell Douglas, the FAA finds that
affected operators are willing to deactivate the aft ventral airstair
handle to accommodate the modification required by this AD. In
addition, paragraph (c) of the AD contains a provision for requesting
approval of an alternative method of compliance to address these types
of unique circumstances.
Request To Add a New Requirement
One commenter requests that paragraph (b) of the proposed AD be
revised to include procedures for adding
[[Page 55731]]
protective padding between the added ceiling panel and beams, and on
all other beams in the path of exiting passengers. The commenter
contends that installation of ceiling panels [as required by paragraph
(b) of the AD] provides a false sense of security and guidance to the
flight attendants and evacuees. The commenter states that the ceiling
panels could be damaged easily by tall and/or unruly passengers during
emergency egress, which could expose the beams and supporting
structure. Thus other passengers could strike their heads against the
overhead beams. The commenter also states that the ceiling panels could
detach from its support structure during an actual emergency, and
consequently, also allow exposure of the beams and supporting
structure. Further, the commenter states that the ceiling panels could
fall in the path of the passengers that are exiting from the airplane.
The FAA does not concur. The FAA has determined that installation of
ceiling panels on the lower side of three frames and installation of a
protective pad on the last frame in the aft accessory compartment
provides an acceptable level of safety. In addition, the FAA finds that
such an installation is comparable to other panel installations
throughout the airplane. However, under provisions of paragraph (c) of
the final rule, operators may apply for approval of an alternative
methods of compliance if sufficient justification is presented to the
FAA.
Request To Address Deficiencies With Existing Tailcone Release
System
One commenter states that the existing tailcone release system
contains many design and reliability deficiencies. The commenter points
out that the proposed AD does not specify any requirements to replace
or repair the existing tailcone release system. The commenter also
contends that, due to such deficiencies, the new interior release
handle [installed in accordance with the requirements of paragraph (b)
of the proposed AD] will fail to perform its intended function. From
this comment, the FAA infers that the commenter is requesting that the
FAA address the problems associated with the existing tailcone release
system in the proposed AD. The FAA does not concur. The FAA has
previously issued several other AD's that concern the tailcone
deployment system on Model DC-9 series airplanes, which was discussed
previously in the Other Relevant Rulemaking Section in the preamble to
the NPRM. Therefore, the FAA finds no change to the final rule is
necessary.
Request To Revise the Proposed Modification of the Emergency Internal
Release System
One commenter requests that the existing tailcone release system be
replaced with an electro-mechanical system, which can be actuated from
inside the airplane. The commenter states that it is more cost
effective to install a modern and efficient system (i.e., electro-
mechanical system), rather than a system with design technology
standards that are 25 to 30 years old. The commenter also states that
the existing system does not meet industry expectations. The FAA does
not concur. The modification required by paragraph (b) of this AD was
developed with operator, manufacturer, and FAA concurrence based on
cost and technical feasibility. However, under the provisions of
paragraph (c) of this AD, operators may apply for the approval of an
alternative method of compliance, if sufficient justification is
presented to the FAA.
Request To Revise Various Manufacturer Manuals
One commenter requests that the FAA require the manufacturer,
rather than the affected operator(s), to update the affected
Illustrated Parts Catalog, Airplane Maintenance Manual, Structural
Repair Manual, and Wiring Diagram Manual to ensure continued
airworthiness of the tailcone release system. The commenter states that
an operator, who does not have ``experience'' with the modification
required by the proposed AD, could enter erroneous information into
these manuals. The FAA does not concur. The FAA finds that the subject
service documents are not necessary to accomplish the modifications
required by this AD. The FAA has been informed that the manufacturer is
in the process of revising the DC-9 Airplane Maintenance Manual (AMM)
to comply with the continued airworthiness requirements and will make
the AMM available to operators.
FAA's Conclusion
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 as proposed.
Cost Impact
There are approximately 878 McDonnell Douglas Model DC-9 series
airplanes and C-9 (military) series airplanes of the affected design in
the worldwide fleet. The FAA estimates that 590 airplanes of U.S.
registry will be affected by this AD.
The modification of the emergency internal release system will take
approximately 7 work hours per airplane to accomplish, at an average
labor rate of $60 per work hour. Required parts will cost approximately
$6,660 per airplane. Based on these figures, the cost impact of this
modification required by this AD on U.S. operators is estimated to be
$4,177,200, or $7,080 per airplane.
The modification of the accessory compartment will take
approximately 10 work hours per airplane to accomplish, at an average
labor rate of $60 per work hour. For the 395 airplanes identified as
``Group I'' in the referenced service bulletin, required parts will
cost approximately $1,777 per airplane. For the 195 airplanes
identified as ``Group 2'' in the referenced service bulletin, required
parts will cost $5,369 per airplane. Based on these figures, the cost
impact of this modification required by this AD on U.S. operators of
Group 1 airplanes is estimated to be $938,915, or $2,377 per airplane;
and on U.S. operators of Group 2 airplanes is estimated to be
$1,163,955, or $5,969 per airplane.
The cost impact figures discussed above are 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.
Regulatory Impact
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.
[[Page 55732]]
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. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
97-22-05--McDonnell Douglas: Amendment 39-10176. Docket 96-NM-95-AD.
Applicability: Model DC-9-10, -20, -30, -40, and -50 series
airplanes and C-9 (military) series airplanes; as listed in
McDonnell Douglas DC-9 Service Bulletin 53-257, Revision 1, dated
February 9, 1996, and McDonnell Douglas DC-9 Service Bulletin 25-
331, dated December 10, 1993; operating in a passenger or passenger/
cargo configuration; certificated in any category.
Note 1: The requirements of this AD become applicable at the
time an airplane operating in an all-cargo configuration is
converted to a passenger or passenger/cargo configuration.
Note 2: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
otherwise 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 ensure that the emergency internal release system of the
tailcone performs its intended function in the event of an emergency
evacuation, accomplish the following:
(a) For airplanes listed in McDonnell Douglas DC-9 Service
Bulletin 53-257, Revision 1, dated February 9, 1996: Within 36
months after the effective date of this AD, modify the emergency
internal release system of the tailcone in accordance with the
service bulletin.
(b) For airplanes listed in McDonnell Douglas DC-9 Service
Bulletin 25-331, dated December 10, 1993: Within 36 months after the
effective date of this AD, modify the accessory compartment in
accordance with the service bulletin.
(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 3: 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 actions shall be done in accordance with McDonnell
Douglas DC-9 Service Bulletin 53-257, Revision 1, dated February 9,
1996, and McDonnell Douglas DC-9 Service Bulletin 25-331, dated
December 10, 1993. 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, 3855 Lakewood Boulevard, Long Beach, California
90846, Attention: Technical Publications Business Administration,
Department C1-L51 (2-60). Copies may be inspected at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or at the FAA, Transport Airplane Directorate, Los
Angeles Aircraft Certification Office, 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 December 2, 1997.
Issued in Renton, Washington, on October 17, 1997.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 97-28319 Filed 10-27-97; 8:45 am]
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