[Federal Register Volume 64, Number 227 (Friday, November 26, 1999)]
[Proposed Rules]
[Pages 66417-66418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30803]
[[Page 66417]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-NM-244-AD]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model DC-9 Series
Airplanes, and Model MD-88 and MD-90-30 Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Supplemental notice of proposed rulemaking; reopening of
comment period.
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SUMMARY: This document revises an earlier proposed airworthiness
directive (AD), applicable to certain McDonnell Douglas Model DC-9
series airplanes, and Model MD-88 and MD-90-30 airplanes, that would
have required replacement of the lanyard assembly pins of the
evacuation slides with solid stainless steel pins. That proposal was
prompted by a report that, due to stress corrosion on the lanyard pins,
the arms of the lanyard assembly of the evacuation slide were found to
be frozen. This new action revises the applicability of the proposed
rule to include one additional airplane and remove another. The actions
specified by this new proposed AD are intended to prevent the improper
deployment of the evacuation slide due to stress corrosion, which could
delay or impede evacuation of passengers during an emergency.
DATES: Comments must be received by December 21, 1999.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 97-NM-244-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 Boeing Commercial Aircraft Group, Long Beach 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 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.
FOR FURTHER INFORMATION CONTACT: Alan Sinclair, Aerospace Engineer,
Systems and Equipment Branch, ANM-130L, FAA, Transport Airplane
Directorate, Los Angeles Aircraft Certification Office, 3960 Paramount
Boulevard, Lakewood, California 90712-4137; telephone (562) 627-5338;
fax (562) 627-5210.
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 97-NM-244-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-114, Attention: Rules
Docket No. 97-NM-244-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
A proposal to amend part 39 of the Federal Aviation Regulations (14
CFR part 39) to add an airworthiness directive (AD), applicable to
certain McDonnell Douglas Model DC-9 series airplanes, and Model MD-88
and MD-90-30 airplanes, was published as a supplemental notice of
proposed rulemaking (NPRM) in the Federal Register on December 18, 1998
(63 FR 70069). That NPRM would have required replacement of the lanyard
assembly pins of the evacuation slides with solid stainless steel pins.
That NPRM was prompted by a report that, due to stress corrosion on the
lanyard pins, the arms of the lanyard assembly of the evacuation slide
were found to be frozen. That condition, if not corrected, could result
in improper deployment of the evacuation slide due to stress corrosion,
which could delay or impede evacuation of passengers during an
emergency.
Actions Since Issuance of Previous Proposal
Due consideration has been given to the comments received in
response to the NPRM.
Request to Reference Latest Service Information
One commenter requests that the applicability of the proposed AD be
revised to reference Revision 02 of McDonnell Douglas Alert Service
Bulletin DC9-25A357, dated May 28, 1998. The commenter states that the
effectivity listing of this alert service bulletin has been revised.
The FAA concurs with the commenter's request to reference Revision
02 of the alert service bulletin. The FAA has reviewed and approved
Revision 02 of McDonnell Douglas Alert Service Bulletin DC9-25A357,
dated May 28, 1998 (for Model DC-9 series airplanes and Model MD-88
airplanes). The replacement procedures described in this revised alert
service bulletin are essentially identical to those described Revision
01 of the service bulletin (which was referenced in the supplemental
NPRM as an appropriate source of service information for accomplishment
of the replacement). However, the effectivity listing of the alert
service bulletin has been revised to delete one MD-90-30 airplane
(i.e., fuselage number 2167) and include one DC-9 series airplane
(i.e., fuselage number 2166) that is subject to the identified unsafe
condition. Therefore, the FAA has revised the supplemental NPRM to
reference Revision 02 of the alert service bulletin as the appropriate
source of service information (for certain airplanes) for determining
the applicability of the supplemental NPRM, and as an additional source
of service information for accomplishing the required replacement.
Conclusion
Since this change expands the scope of the originally proposed
rule, the FAA has determined that it is necessary to reopen the comment
period to provide
[[Page 66418]]
additional opportunity for public comment.
Cost Impact
There are approximately 2,167 McDonnell Douglas Model DC-9 series
airplanes, and Model MD-88 and MD-90-30 airplanes of the affected
design in the worldwide fleet. The FAA estimates that 1,200 airplanes
of U.S. registry would be affected by this proposed AD, that it would
take approximately 2 work hours per airplane to accomplish the proposed
actions, and that the average labor rate is $60 per work hour. Based on
these figures, the cost impact of the proposed AD on U.S. operators is
estimated to be $146,400, or $122 per airplane.
The cost impact figure discussed above is 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.
Regulatory Impact
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. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
McDonnell Douglas: Docket 97-NM-244-AD.
Applicability: Model DC-9 series airplanes, and Model MD-88
airplanes, as listed in McDonnell Douglas Alert Service Bulletin
DC9-25A357, Revision 02, dated May 28, 1998; and Model MD-90-30
airplanes, as listed in McDonnell Douglas Alert Service Bulletin
MD90-25A019, dated February 11, 1997; 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 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 prevent the improper deployment of the evacuation slide,
which could delay or impede evacuation of passengers during an
emergency, accomplish the following:
Replacement
(a) Within 180 days after the effective date of this AD, replace
the lanyard assembly pins of the evacuation slides with solid
corrosion-resistant pins, in accordance with McDonnell Douglas Alert
Service Bulletin DC9-25A357, dated February 11, 1997, Revision 01,
dated March 16, 1998, or Revision 02, dated May 28, 1998 (for Model
DC-9 series airplanes and Model MD-88 airplanes); or McDonnell
Douglas Alert Service Bulletin MD90-25A019, dated February 11, 1997
(for Model MD-90-30 airplanes); as applicable.
Spares
(b) As of the effective date of this AD, no lanyard assembly,
part number (P/N) 3961899-1 or P/N 3956939-501, shall be installed
on any airplane unless that assembly has been modified in accordance
with the requirements of paragraph (a) of this AD.
Alternate Methods of Compliance
(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
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 November 19, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 99-30803 Filed 11-24-99; 8:45 am]
BILLING CODE 4910-13-U
