96-27395. Airworthiness Directives; McDonnell Douglas Model DC-9 and DC-9- 80 Series Airplanes, and Model MD-88 Airplanes  

  • [Federal Register Volume 61, Number 216 (Wednesday, November 6, 1996)]
    [Rules and Regulations]
    [Pages 57304-57311]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-27395]
    
    
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    DEPARTMENT OF TRANSPORTATION
    14 CFR Part 39
    
    [Docket No. 95-NM-214-AD; Amendment 39-9798; AD 96-22-10]
    RIN 2120-AA64
    
    
    Airworthiness Directives; McDonnell Douglas Model DC-9 and DC-9-
    80 Series Airplanes, and Model MD-88 Airplanes
    
    AGENCY: Federal Aviation Administration, DOT.
    
    ACTION: Final rule.
    
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    SUMMARY: This amendment adopts a new airworthiness directive (AD), 
    applicable to all McDonnell Douglas DC-9 and DC-9-80 series airplanes, 
    and Model MD-88 airplanes, that requires repetitive leak checks of the 
    lavatory drain system and repair, if necessary; provides for the option 
    of revising the FAA-approved maintenance program to include a schedule 
    of leak checks; requires the installation of a cap on the flush/fill 
    line; and requires replacement or modification of the vent system 
    piping. This amendment is prompted by continuing reports of damage to 
    engines and airframes, separation of engines from airplanes, and damage 
    to property on the ground, caused by ``blue ice'' that forms from 
    leaking lavatory drain systems on transport category airplanes and 
    subsequently dislodges from the airplane fuselage. The actions 
    specified by this AD are intended to prevent such damage associated 
    with the problems of ``blue ice.''
    
    DATES: Effective December 11, 1996. The incorporation by reference of 
    certain publications listed in the regulations is approved by the 
    Director of the Federal Register as of December 11, 1996.
    
    ADDRESSES: The service information referenced in this AD may be 
    obtained from McDonnell Douglas Corporation, 3855 Lakewood Boulevard, 
    Long Beach, California 90846, Attention: Technical Publications 
    Business Administration, Department 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: Walter Eierman, Aerospace Engineer, 
    Systems and Equipment Branch, ANM-130L, FAA, Los Angeles Aircraft 
    Certification Office, 3960 Paramount Boulevard, Lakewood, California 
    90712; 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 all McDonnell Douglas DC-9 and DC-
    9-80 series airplanes, and Model MD-88 airplanes was published in the 
    Federal Register on December 26, 1995 (60 FR 66764). That action 
    proposed to:
        1. require repetitive leak checks of the lavatory drain system and 
    repair, if necessary;
        2. provide for the option of revising the FAA-approved maintenance 
    program to include a schedule of leak checks;
        3. require the installation of a cap on the flush/fill line; and
        4. require replacement or modification of the vent system piping.
        Interested persons have been afforded an opportunity to participate 
    in the making of this amendment. Due consideration has been given to 
    the comments received.
    
    Support for the Proposal
    
        Two commenter support the proposed rule.
    
    Request to Exclude All-Cargo Configured Airplanes from 
    Applicability
    
        One commenter requests that the applicability of the proposal be 
    revised to exclude airplanes operating in an all-cargo configuration, 
    where lavatories and lavatory fill/drain systems have been removed.
        The FAA concurs. This final rule requires leak checks of the 
    lavatory/fill drain system. However, if no such system is installed on 
    the airplane then, obviously, the requirements of the AD cannot be 
    performed and, likewise, should not be required. As long as there is 
    one lavatory drainage system installed on the airplane, the 
    requirements of this AD would still apply. To make this eminently clear 
    to affected operators, the FAA has revised the applicability of the 
    final rule to clarify that the AD applies to airplanes that are 
    equipped with a lavatory drainage system.
    
    Request for Permission to Use Alternative Check Valves on Flush/
    Fill Line
    
        Two commenters request that the proposed rule be revised to allow 
    the use of Monogram 4803-86 series check valves on flush/fill lines as 
    an alternative to the specified lever/lock cap. These commenters point 
    out that Monogram check valves with similar design characteristics were 
    approved previously by the FAA as an acceptable alternative item for 
    compliance with a similar proposed AD that is applicable to Boeing 
    Model 737 series airplanes [reference Docket No. 95-NM-111-AD (60 FR 
    55673, November 2, 1995)].
        The FAA concurs with these commenters' request. Paragraphs (a)(5), 
    (b)(3), and (d) of the final rule have been revised to specify this. 
    Additionally, paragraphs (a)(5) and (b)(3) of the final rule have been 
    revised to provide the necessary instructions for replacing the O-rings 
    associated with the Monogram 4803-86 series check valve, and for 
    testing the check valve for proper operation.
    
    Request to Increase Leak Check Interval for Certain Shaw Aero 
    Valves
    
        One commenter requests that proposed paragraphs (a)(2) and 
    (b)(2)(ii) be revised to allow the following Shaw Aero valves to be 
    leak checked at 1,000-hour intervals:
         331 series, all serial numbers
         332 series, all serial numbers
    The commenter states that these valves have been accepted previously by 
    the FAA for a 1,000-hour leak check interval either in accordance with 
    AD 94-23-10, which is applicable to Boeing
    
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    Model 727 series airplanes; or a similar proposed rule applicable to 
    Boeing Model 737 series airplanes (reference Docket No. 95-NM-111-AD).
        The FAA concurs. Paragraphs (a)(2) and (b)(2)(ii) of this final 
    rule have been revised to include these part-numbered valves in the 
    requirements for leak checks at 1,000-hour intervals.
    
    Request to Increase Leak Check Interval for Certain Kaiser Valves
    
        One commenter requests that the proposed repetitive leak check 
    interval of 1,000 hours for Kaiser valves having part numbers 0218-0026 
    and 0218-0032, be increased to 1,500 hours. As justification for this 
    request, the commenter submits qualification and test data.
        The FAA cannot concur, since insufficient data were submitted to 
    support a longer inspection interval. Paragraph (g) of the final rule 
    provides guidance as to the specific type of data needed to justify 
    extensions to the leak check intervals set forth in this AD.
        Two other commenters request that the proposed repetitive leak 
    check interval of 1,500 hours for Kaiser valves having part number 
    2651-329 series, be increased to 4,500 hours. These commenters state 
    that the longer interval has been proposed for this same valve in 
    another proposed AD that is applicable to Boeing Model 737 series 
    airplanes (reference Docket No. 95-NM-111-AD).
        The FAA concurs with these commenters' request, since this valve 
    previously was found to be acceptable for a 4,500-hour leak check 
    interval. Paragraph (a)(1) of this final rule has been revised 
    accordingly.
    
    Request to Increase Leak Check Interval for Certain Pneudraulics 
    Valves
    
        One commenter requests that the proposed leak check interval of 
    1,000 hours for Pneudraulics valves having part number 9527, be 
    increased to 2,000 hours. The commenter states that, to date, it has 
    accumulated over 580,000 flight hours using this Pneudraulics valve on 
    its fleet of airplanes, and there have been only two cases of leaking 
    reported. In both cases, the valves were inspected and found to be 
    serviceable without repair. This in-service experience should justify a 
    longer repetitive check interval.
        The FAA does not concur, since insufficient data were submitted to 
    support a longer inspection interval. Paragraph (g) of the final rule 
    provides guidance as to the specific type of data needed to justify 
    extensions to the leak check intervals set forth in this AD.
    
    Request to Revise Procedure for Dump Valve Leak Check
    
        One commenter requests that the proposed rule be revised to change 
    the procedure for conducting a dump valve leak check so that less fluid 
    can be used. This commenter points out that NOTE 2 of the proposal 
    states that this leak check is to be accomplished with water/rinsing 
    fluid to a level at least 4 inches above the flapper in the bowl. 
    However, the commenter notes that this is 2 inches more fluid than is 
    needed for similar leak checks of Boeing Model 727 series airplanes 
    required by AD 94-23-10 [amendment 39-9073 (59 FR 59124, November 16, 
    1994)]. The commenter maintains that the same level of fluid should be 
    used so that all leak checks are standardized for all airplanes.
        The FAA does not concur with the commenter's request. The procedure 
    to fill the toilet bowl to 4 inches above the flapper (approximately 
    \1/2\ full) is also meant to check the tank and the rinse line check 
    valves. The FAA finds that performing the test using less fluid does 
    not do as complete and adequate a job as is necessary to meet the 
    intent of this AD.
    
    Request for Clarification of Leak Check Procedures
    
        One commenter considers that proposed paragraphs (a)(2)(i) and 
    (a)(2)(ii) contradict each other. The former paragraph would require 
    that both the inner door/closure device and the outer cap/door must be 
    leak checked; while the latter paragraph states that, in lieu of 
    pressure testing, the outer seal and seal surface may be visually 
    inspected for damage on service panel valves that have an inner seal. 
    The commenter states that, to leak check the outer cap, maintenance 
    personnel will have to remove the inner seal, thus ruining the seal in 
    the process, and there is no guarantee that the tests would be 
    performed in a particular sequence to avoid this. The commenter 
    contends that a leak check on the outer seal would negate the test on 
    the inner seal, and that only a visual inspection of the outer seal is 
    necessary.
        The FAA does not concur with the commenters statement that the two 
    paragraphs contradict each other. Paragraph (a)(2)(i) calls for a leak 
    check of each closure device. For certain types of service panel 
    valves, paragraph (a)(2)(ii) merely provides an alternative to that 
    leak check, since it states that an inspection of the seal may be 
    performed in lieu of the leak check; that paragraph does not require 
    that both actions be performed.
    
    Request for Procedures for Performing Leak Check of Lavatory Vent 
    System
    
        One commenter requests that proposed paragraph (e), which would 
    require a leak check of the lavatory vent system, be revised to include 
    procedures for how these leak checks are to be performed.
        The FAA concurs that inclusion of such procedures is necessary. 
    NOTE 2 has been revised to add this information, and a new NOTE 7 has 
    been included, which also contains these procedures.
    
    Request to Delete Alternative Visual Inspections
    
        One commenter requests that the proposal be revised to delete the 
    alternative that would allow operators only to visually inspect the 
    cover (outer) seal of lavatory drain valves for wear or damage, rather 
    than to leak check them. This commenter considers it important that 
    leak testing of the drain valves should be performed both on the 
    internal portions of the valve and on the cap portions of the valve as 
    well. This commenter states that one of the primary emphases of 
    addressing the problems of blue ice has been the need for a dual 
    sealing valve; by using a dual sealing valve, the reliability of a 
    drain valve is doubled, and the potential for blue ice incidents is 
    significantly reduced. However, if the FAA would permit only a visual 
    inspection of the outer seal, rather than an actual leak test, the 
    benefit of the dual sealing valve is lost and safety is compromised 
    because ``the potential for a failure through the outer seal that has 
    not been tested rises exponentially as it is not being tested.'' The 
    commenter considers that the only reason for allowing the visual 
    inspection (rather than a leak test) is to provide a cost savings to 
    the airlines.
        The FAA does not concur with the commenter's request to delete the 
    provision for the alternative procedure. The maintenance procedures 
    required by this final rule, as well as the intervals at which 
    maintenance is required, were developed in consideration of the design 
    and known service experience of the many designs used in lavatory 
    systems. The alternative procedure for the visual inspection is allowed 
    based on the fact that some valves have an inner seal that is closed 
    when the outer cap is closed; for this type of valve, leakage from the 
    outer cap could only be checked if the inner seal were removed since, 
    when the inner seal is correctly in place, it will prevent any fluid 
    from reaching the outer cap seal. It is for this type of valve that the 
    AD provides the
    
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    alternative to allow operators to inspect the seal and seal surface of 
    the outer cap seal in lieu of performing a leak check of the outer 
    seal. The FAA's ultimate determination with regard to this provision 
    was not made to provide a cost savings to airlines (as suggested by the 
    commenter), but to allow procedures to be accomplished that will 
    provide an acceptable level of safety.
    
    Request to Increase Leak Checks at Flush/Fill Port
    
        One commenter considers that an upstream device with positive shut-
    off and anti-siphon features would eliminate the ``blue ice'' that 
    occurs at the flush/fill port. The commenter considers that, until such 
    time as a new device can be tested and approved, the leak checks and 
    inspections of that port should be increased. As further indication of 
    a need for more inspections, the commenter states that the currently 
    installed flush/fill caps and lever lock cap can be damaged or removed 
    by maintenance personnel; additional inspections would ensure that 
    these discrepancies are identified and corrected in a timely manner.
        The FAA does not concur with the commenter's request. The FAA 
    considers that action is necessary at this time to improve leakage 
    conditions at the flush/fill port. The lever lock cap required by this 
    AD action will contribute to this goal by being less likely to be left 
    unclosed, more difficult to remove, and less prone to falling off, than 
    the conventional turn cap. While other suitable devices currently may 
    be under development, the FAA finds no justification for delaying this 
    AD action while waiting for their availability. However, as those 
    devices become available, the FAA may consider requests for the use of 
    them as alternative methods of compliance, under the provisions of 
    paragraph (g) of this final rule. As for the inspections intervals, the 
    FAA developed them based on the best data obtainable to date; however, 
    if blue ice originating from this leak path becomes increasingly 
    problematic, the FAA may consider further rulemaking to adjust the 
    inspection interval as appropriate.
    
    Request to Require Same Maintenance Program for All Operators
    
        One commenter requests that any future extensions of leak check 
    intervals should be based on performance of the hardware involved, not 
    on the performance of an individual operator's maintenance program. 
    This commenter requests that the FAA consider requiring the same 
    maintenance program (relative to the leak checks) for all operators; an 
    individual maintenance program should not influence the leak check 
    extensions that the FAA gives to any particular valve. While it is 
    important to have a proper maintenance program to ensure reliability of 
    the aircraft and the lavatory system, the commenter considers it more 
    important to realize that a quality valve (regardless of the 
    maintenance program) is what increases reliability--not the 
    ``maintenance program'' itself. A quality valve is not affected by the 
    service personnel. The best of maintenance programs can be compromised 
    for any number of reasons due to necessary human involvement; however, 
    hardware, if properly designed has a built-in safe integrity.
        The FAA does not concur with the commenter's request. The FAA 
    considers that hardware design and maintenance are both factors in the 
    effective prevention of leakage at the lavatory service panel. This AD 
    has been structured to give ``credit'' for both of these factors in 
    determining appropriate leak check intervals. Although the FAA could 
    require the same maintenance program of all airlines, it recognizes 
    that varying aspects of each airlines' operational environment and the 
    human factors associated with maintenance procedures means that equal 
    results for all airlines would not necessarily result. This AD allows 
    airlines who have proven, effective maintenance programs to obtain 
    ``credit'' (i.e., in the form of increased leak check intervals) for 
    their programs.
    
    Request to Require Leak Checks of All Outer Cap/Door Seals
    
        One commenter requests that the proposal be revised to require that 
    all seals that could potentially come into contact with the effluent 
    that causes blue ice be leak tested. The commenter points specifically 
    to proposed paragraph (b)(2)(iii), which states that, if an operator 
    uses ``donut'' -type valves, both the donut and the outer cap/door seal 
    must be leak checked. Other provisions of the proposed rule, however, 
    would require only a visual inspection of the outer cap/door seal on 
    other types of valves. This commenter states that it is not in the best 
    interest of eliminating blue ice not to leak check every seal.
        The FAA acknowledges this commenter's concern, and does not 
    disagree with the suggestion that testing every seal could lower the 
    possibility of the formation of blue ice. It is obvious that more 
    testing, either by testing of every seal or by increasing the frequency 
    of tests, theoretically could reduce the potential for blue ice to 
    occur. However, in this AD, the FAA has attempted to establish a 
    reasonable test program for each configuration of valve, in 
    consideration of the unique design of the individual valve assemblies 
    and the service history data relative to each valve. The FAA has 
    determined that the program set forth in this AD will achieve an 
    acceptable level of safety with regard to the problems associated with 
    blue ice.
    
    Request to Require that ``Donut'' Assemblies Be Removed from 
    Service
    
        One commenter requests that the proposal be revised to require that 
    all ``donut''-type valve assemblies be removed from service. This 
    commenter contends that this type of valve has a long history of poor 
    performance, and it is commonplace for the ``donut'' component of the 
    valve not to be installed (missing), thereby rendering the valve 
    inoperative. The commenter states that during ground service, the donut 
    component sometimes washes into the lavatory service cart and is not 
    replaced into the lavatory drain panel valve until the next inspection. 
    The commenter maintains that blue ice will continue to fall if ``this 
    archaic approach to valve technology continues to be used.''
        The FAA does not concur with the commenter's request. The FAA 
    acknowledges that the ``donut'' design is neither the latest in 
    technology standards nor the most effective valve assembly. However, 
    based on the best data obtainable to date, the FAA has determined that 
    a leak check of ``donut''-type valve assemblies at intervals of 200 
    flight hours will ensure that the valve is monitored adequately to 
    provide an acceptable level of safety. [This leak check requirement is 
    stated in paragraph (a)(4) of the final rule.] The FAA is continuing to 
    review the on-going service history of these valves, and may consider 
    further rulemaking to require their removal from service if future data 
    justify such an action.
    
    Request to Require Standard Nomenclature for Primary vs. Secondary 
    Seals
    
        One commenter requests that the FAA require all valve manufacturers 
    to use standard nomenclature for primary and secondary seals. This 
    commenter asserts that the first seal that the effluent comes in 
    contact with should be referred to as the ``primary'' seal; the cover 
    seal should be referred to as the ``secondary'' seal. This commenter 
    states that certain valve manufacturers have begun to call the cover 
    seal on their valves ``primary'' seals. This can create problems, since
    
    [[Page 57307]]
    
    paragraph (b)(2)(i)(B) of the proposal would require that the outer 
    cap/door seal is only visually inspected and, thus, the ``primary'' 
    seal on this manufacturer's assemblies is never pressure tested. The 
    commenter maintains that the FAA should not allow the primary seal to 
    go untested.
        The FAA acknowledges this commenter's concerns, but finds that no 
    change to the AD is necessary. The FAA does not control the 
    nomenclature that manufacturers choose to identify seals in their valve 
    assemblies; further, the FAA does not consider it appropriate that what 
    a manufacturer chooses to call a seal should be used to determine the 
    actions required by this AD. The FAA finds that the wording used in the 
    requirement for the visual inspection is very specific as to which 
    component of the valve assembly is to be inspected (the service panel 
    drain valve outer cap/door seal and the inner seal if the valve has an 
    inner door/closure device with a second positive seal). The requirement 
    deliberately does not contain the words ``primary'' or ``secondary'' in 
    referring to seals, since those terms are not specific and, as the 
    commenter points out, are used differently by different manufacturers.
    
    Request to Revise Data Collection Guidance
    
        One commenter requests that the data collection guidance iterated 
    in proposed paragraph (c) be revised. Specifically, the commenter asks 
    that language contained in proposed paragraph (c)(8) that refers to 
    removal of debris done as part of maintenance be modified to reflect 
    more specifically what occurs during normal ground servicing. The 
    commenter states that normally the only debris that is removed during 
    ground servicing is what could be called ``major'' blockage items; 
    simple things, such as toilet paper or other minor debris, are left in 
    place as part of normal ground maintenance. In light of this, the 
    tested condition from which data is gathered should represent the 
    condition that the system would be in during normal operations. The 
    commenter requests that paragraph (c)(8) be changed to specify this.
        The FAA concurs. The commenter's suggested revision will provide 
    useful clarification of the intent of the requirement. Paragraph (c)(8) 
    of the final rule has been revised to specify that only major blockages 
    should be removed prior to a leak check test, and that minor debris 
    removal that is not commonly removed during normal ground maintenance 
    check should not be removed prior to the leak check.
    
    Request Not to Consider Test Data with Drain Valves Below Ball 
    Valves
    
        One commenter requests that proposed paragraph (c) be revised to 
    specify that test data on a panel valve that is below a ball valve is 
    not valid data, and that such data should not be included in any test 
    data submitted to the FAA for purposes of requesting an increase in a 
    leak check interval for any valve. This commenter states that a panel 
    valve below a ball valve would not be subject to the same operational 
    requirements as a panel valve without a ball valve ahead of it in the 
    drain line, as the highly reliable ball valve would always be stopping 
    any leaks.
        The FAA concurs. A panel valve installation with a ball valve is 
    not subject to the same operating environment as an panel valve 
    installation without a ball valve. Therefore, any data collected on the 
    former type of valve installation would not be valid as justification 
    for an extended leak check interval for the latter type of valve 
    installation. To clarify this, the FAA has revised NOTE 9 of the final 
    rule (which addressed collecting data for leak check intervals) to 
    include information indicating that the configuration of the entire 
    drain system on the airplanes used in evaluating a drain valve leak 
    check interval should be defined. This way, it can be assured that the 
    data submitted is representative of the applications where the drain 
    valve will be used.
    
    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 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.
    
    Cost Impact
    
        There are approximately 2,097 Model DC-9 and DC-9-80 series 
    airplanes and Model MD-88 airplanes of the affected design in the 
    worldwide fleet. The FAA estimates that 1,191 airplanes of U.S. 
    registry and 47 U.S. operators, will be affected by this AD.
        1. Leak checks. It will take approximately 4 work hours per 
    airplane lavatory drain to accomplish each leak check, at an average 
    labor cost of $60 per work hour. There normally are 2 drains per 
    airplane. Depending upon the type of valves installed and the flight 
    utilization rate of the airplane, an airplane subject to this AD could 
    be required to be inspected as few as 2 times per year or as many as 15 
    times per year. Based on these figures, the cost impact of the leak 
    check requirement on U.S. operators will be between $960 and $7,200 per 
    airplane per year.
        2. Inspections. Should an operator elect to perform the inspection 
    of the service panel drain valve cap/door seal and seal mating surface, 
    the inspection will take approximately 1 work hour to accomplish, at an 
    average labor cost of $60 per work hour. Depending upon the type of 
    valves installed and the flight utilization rate of the airplane, an 
    airplane subject to this AD could be required to be inspected as few as 
    2 times per year or as many as 15 times per year. Based on these 
    figures, the cost impact of the inspection requirement on U.S. 
    operators will be between $120 and $1,800 per airplane per year.
        3. Installation of cap on flush/fill line. The proposed 
    installation will take approximately 2 work hours to accomplish, at an 
    average labor cost of $60 per work hour. The cost of required parts is 
    estimated to be $275 per flush/fill line. There are normally 3 flush/
    fill lines per airplane. Based on these figures, the cost impact of the 
    proposed installation requirement on U.S. operators will be $1,411,335, 
    or $1,185 per airplane.
        4. Installation of lavatory vent system replacement/modification. 
    The portion of this installation that entails modification of the 
    toilet assembly will require between 2 and 4 work hours per airplane to 
    accomplish, depending on the brand of toilet involved. The average 
    labor cost is estimated to be $60 per work hour. The cost of required 
    parts is estimated to be between $83 and $2,121 per airplane. Based on 
    these figures, the cost impact of this portion of the required 
    installation on U.S. operators will be between $203 and $2,361 per 
    airplane.
        The portion of this installation that entails modification of 
    lavatory vent lines will require between 15 and 52 work hours per 
    airplane to accomplish, depending upon the configuration of the 
    airplane, if certain other modifications have already been 
    accomplished, and the modification option selected. The average labor 
    cost is estimated to be $60 per work hour. The cost of required parts 
    is estimated to be between $600 and $13,000 per airplane. Based on 
    these figures, the cost impact of this portion of the required 
    installation on U.S. operators will be between $1,500 and $16,120 per 
    airplane.
        The number of required work hours, as indicated above, is presented 
    in this discussion as if the actions required by this AD were to be 
    conducted as ``stand
    
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    alone'' actions. However, in actual practice, these actions could be 
    accomplished coincidentally or in combination with normally scheduled 
    airplane inspections and other maintenance program tasks. Therefore, 
    the actual number of necessary ``additional'' work hours will be 
    minimal in many instances. Additionally, any costs associated with 
    special airplane scheduling should be minimal.
        In addition to the costs discussed above, for those operators who 
    elect to comply with proposed paragraph (b) of this AD action, the FAA 
    estimates that it will take approximately 40 work hours per operator to 
    incorporate the lavatory drain system leak check procedures into the 
    maintenance programs, at an average labor cost of $60 per work hour. 
    Based on these figures, the cost impact of the maintenance revision 
    requirement of this AD on U.S. operators is estimated to be $2,400 per 
    operator.
        The ``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.
    
    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.
    
    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:
    
    96-22-10  McDonnell Douglas: Amendment 39-9798. Docket 95-NM-214-AD.
    
        Applicability: All Model DC-9-10, -20, -30, -40, and -50 series 
    airplanes; Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), 
    and DC-9-87 (MD-87) series airplanes; and Model MD-88 airplanes; 
    equipped with a lavatory drainage system; 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 (g) 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 engine damage, airframe damage, and/or hazard to 
    persons or property on the ground as a result of ``blue ice'' that 
    has formed from leakage of the lavatory drain system and dislodged 
    from the airplane, accomplish the following:
    
        Note 2: The leak checks of the toilet dump valve, flush/fill 
    line, and lavatory vent system that are required by this AD may be 
    performed by filling the toilet tank with water/rinsing fluid to a 
    level at least 4 inches above the flapper in the bowl, and checking 
    for leakage after a period of 5 minutes.
    
        (a) Except as provided in paragraph (b) of this AD, accomplish 
    the applicable procedures specified in paragraphs (a)(1), (a)(2), 
    (a)(3), (a)(4), (a)(5), and (a)(6) of this AD. If the individual 
    waste drain system panel incorporates more than one type of valve, 
    the inspection interval that applies to that panel is determined by 
    the component with the longest inspection interval allowed. Each of 
    the components must be inspected or tested at that time at each 
    service panel location.
        (1) For each lavatory drain system that has an in-line drain 
    valve installed, Kaiser Electroprecision part number series 2651-
    329: Within 4,500 flight hours after the effective date of this AD, 
    and thereafter at intervals not to exceed 4,500 flight hours, 
    accomplish the procedures specified in paragraphs (a)(1)(i) and 
    (a)(1)(ii) of this AD:
        (i) Conduct a leak check of the dump valve (in-tank valve that 
    is spring loaded closed and operable by a T-handle at the service 
    panel), and the in-line drain valve. The in-line drain valve leak 
    check must be performed with a minimum of 3 pounds per square inch 
    differential pressure (PSID) applied across the valve.
        (ii) Visually inspect the service panel drain valve outer cap 
    seal and the inner seal (if the valve has an inner door/closure 
    device with a second positive seal), and the seal mating surfaces, 
    for wear or damage that may allow leakage.
        (2) Within 1,000 flight hours after the effective date of this 
    AD, and thereafter at intervals not to exceed 1,000 flight hours, 
    accomplish the applicable procedures specified in paragraphs 
    (a)(2)(i) and (a)(2)(ii) of this AD for each lavatory drain system 
    with a service panel drain valve installed that is listed in Table 
    1, below:
    
                         Table 1.--Valves Requiring Leak Checks at 1,000--Flight Hour Intervals                     
    ----------------------------------------------------------------------------------------------------------------
                   Manufacturer                          Part No.                          Serial No.               
    ----------------------------------------------------------------------------------------------------------------
    Shaw Aero Devices........................  10101000C-A (or higher dash  All serial numbers.                     
                                                number).                                                            
    Shaw Aero Devices........................  10101000B-A (or higher dash  All serial numbers.                     
                                                number).                                                            
    Shaw Aero Devices........................  10101B-577-1...............  All serial numbers.                     
    Shaw Aero Devices........................  10101B-577-2...............  All serial numbers.                     
    Shaw Aero Devices........................  331 series.................  All serial numbers.                     
    Shaw Aero Devices........................  332 series.................  All serial numbers.                     
    Pneudraulics.............................  9527 series................  All serial numbers.                     
    ----------------------------------------------------------------------------------------------------------------
    
    
    [[Page 57309]]
    
        (i) Conduct a leak check of the dump valve and the service panel 
    drain valve. The service panel drain valve leak check must be 
    performed with a minimum of 3 PSID applied across the valve. Both 
    the inner door/closure device and the outer cap/door must be leak 
    checked.
        (ii) For service panel valves that have an inner seal: In lieu 
    of pressure testing, the outer cap seal and seal surface may be 
    visually inspected for damage or wear.
        (3) For each lavatory drain system that has a service panel 
    drain valve installed, Shaw Aero Devices part number series 
    10101000C [except as specified in paragraph (a)(2) of this AD], or 
    Shaw Aero Devices part number 10101000B [except as specified in 
    paragraph (a)(2) of this AD]: Within 600 flight hours after the 
    effective date of this AD, and thereafter at intervals not to exceed 
    600 flight hours, accomplish the procedures specified in paragraphs 
    (a)(3)(i) and (a)(3)(ii) of this AD, on each:
        (i) Conduct a leak check of the dump valve and the service panel 
    drain valve. The service panel drain valve leak check must be 
    performed with a minimum of 3 PSID applied across the valve. Both 
    the inner door/closure device and the outer cap/door must be leak 
    checked.
        (ii) For service panel valves that have an inner seal: In lieu 
    of pressure testing, the outer cap seal and seal surface may be 
    visually inspected for damage or wear.
        (4) For other lavatory drain systems not addressed in paragraph 
    (a)(1), (a)(2), or (a)(3) of this AD: Within 200 flight hours after 
    the effective date of this AD, and thereafter at intervals not to 
    exceed 200 flight hours, accomplish the procedures specified in 
    paragraphs (a)(4)(i) and (a)(4)(ii) of this AD:
        (i) Conduct a leak check of the dump valve and the service panel 
    drain valve. The service panel drain valve leak check must be 
    performed with a minimum of 3 PSID applied across the valve. Both 
    the inner door/closure device and the outer cap/door must be leak 
    checked.
        (ii) For service panel valves that have an inner seal: In lieu 
    of pressure testing, the outer cap seal and seal surface may be 
    visually inspected for damage or wear.
        (5) For flush/fill lines: Within 5,000 flight hours after the 
    effective date of this AD, and thereafter at intervals not to exceed 
    5,000 flight hours, accomplish the procedures specified in either 
    paragraph (a)(5)(i) or (a)(5)(ii) of this AD, as appropriate for the 
    airplane's flush/fill line installation:
        (i) For airplanes equipped with a flush/fill line cap, 
    accomplish either paragraph (a)(5)(i)(A) or (a)(5)(i)(B):
        (A) Conduct a leak check of the flush/fill line cap. This leak 
    check must be made with a minimum of 3 PSID applied across the cap. 
    Or
        (B) Replace the seals on the toilet tank anti-siphon (check) 
    valve and in the flush/fill line cap. Additionally, perform a leak 
    check of the toilet tank anti-siphon (check) valve with a minimum of 
    3 PSID across the valve after changing the seals.
        (ii) For airplanes equipped with a check valve vacuum breaker, 
    Monogram part number 4803-86 series: Replace the O-rings/seals in 
    the valve and test the check valve and vacuum breaker sections of 
    the valve for proper operation, in accordance with the 
    manufacturer's component maintenance/overhaul manual.
        (6) As a result of the leak checks and inspections required by 
    this paragraph, or if evidence of leakage is found at any other 
    time, accomplish the requirements of either paragraph (a)(6)(i), 
    (a)(6)(ii) or (a)(6)(iii) as applicable:
        (i) If a leak is discovered, prior to further flight, repair the 
    leak. Prior to further flight after repair, perform the leak test. 
    Additionally, prior to returning the airplane to service, clean the 
    surfaces adjacent to where the leakage occurred to clear them of any 
    horizontal fluid residue streaks; such cleaning must be to the 
    extent that any future appearance of a horizontal fluid residue 
    streak will be taken to mean that the system is leaking again.
    
        Note 3: For purposes of this AD, ``leakage'' is defined as any 
    visible leakage observed during a leak test; the presence of ice in 
    the service panel; or horizontal fluid residue streaks or ice trails 
    originating at the service panel. The fluid residue is usually, but 
    not necessarily, blue in color.
    
        (ii) If any worn or damaged seal is found, or if any damaged 
    seal mating surface is found, prior to further flight, repair or 
    replace it in accordance with the valve manufacturer's maintenance 
    manual.
        (iii) In lieu of performing the requirements of paragraph 
    (a)(6)(i) or (a)(6)(ii): Prior to further flight, drain the affected 
    lavatory system and placard the lavatory inoperative until repairs 
    can be accomplished.
        (b) As an alternative to the requirements of paragraph (a) of 
    this AD: Within 180 days after the effective date of this AD, revise 
    the FAA-approved maintenance program to include the requirements 
    specified in paragraphs (b)(1), (b)(2), (b)(3), (b)(4), (b)(5), 
    (b)(6), and (b)(7) of this AD:
        (1) Replace the valve seals in accordance with the applicable 
    schedule specified in paragraphs (b)(1)(i) and (b)(1)(ii) of this 
    AD. Any revision to this replacement schedule must be approved by 
    the Manager, Los Angeles Aircraft Certification Office (ACO), FAA, 
    Transport Airplane Directorate.
        (i) For each lavatory drain system that has an in-line drain 
    valve installed, Kaiser Electroprecision part number series 2651-
    329: Replace the seals within 5,000 flight hours after revision of 
    the maintenance program in accordance with paragraph (b) of this AD, 
    and thereafter at intervals not to exceed 52 months.
        (ii) For each lavatory drain system that has any other type of 
    drain valve: Replace the seals within 5,000 flight hours after 
    revision of the maintenance program in accordance with paragraph (b) 
    of this AD, and thereafter at intervals not to exceed 18 months.
        (2) Conduct periodic leak checks of the lavatory drain systems 
    in accordance with the applicable schedule specified in paragraphs 
    (b)(2)(i), (b)(2)(ii), (b)(2)(iii), and (b)(2)(iv) of this AD. If 
    the individual waste drain system incorporates more than one type of 
    valve, the interval that applies to that system is determined by the 
    component with the longest inspection interval allowed. Each of the 
    components in that system must be inspected/tested at that time. Any 
    revision to this leak check schedule must be approved by the 
    Manager, Los Angeles ACO, FAA, Transport Airplane Directorate.
        (i) For each lavatory drain system that has an in-line drain 
    valve, Kaiser Electroprecision part number series 2651-329: Within 
    5,000 flight hours after revision of the maintenance program in 
    accordance with paragraph (b) of this AD, and thereafter at 
    intervals not to exceed 24 months or 5,000 flight hours, whichever 
    occurs later, accomplish the procedures specified in paragraphs 
    (b)(2)(i)(A) and (b)(2)(i)(B) of this AD:
        (A) Conduct a leak check of the dump valve (in-tank valve that 
    is spring loaded closed and operable by a T-handle at the service 
    panel) and the in-line drain valve. The in-line drain valve leak 
    check must be performed with a minimum of 3 PSID applied across the 
    valve.
        (B) Visually inspect the service panel drain valve outer cap/
    door seal and the inner seal (if the valve has an inner door/closure 
    device with a second positive seal) and seal mating surface for wear 
    or damage that may cause leakage. Any worn or damaged seal must be 
    replaced and any damaged seal mating surface must be repaired or 
    replaced, prior to further flight, in accordance with the valve 
    manufacturer's maintenance manual.
        (ii) Within 1,000 flight hours after revising the maintenance 
    program in accordance with paragraph (b) of this AD, and thereafter 
    at intervals not to exceed 1,000 flight hours, accomplish the 
    procedures specified in paragraphs (b)(2)(ii)(A) and (b)(2)(ii)(B) 
    of this AD for each lavatory drain system that has a service panel 
    drain valve installed that is listed in Table 2 of this AD:
    
                          Table 2.--Valves Requiring Leak Checks at 1,000-Flight Hour Intervals                     
    ----------------------------------------------------------------------------------------------------------------
                   Manufacturer                          Part No.                          Serial No.               
    ----------------------------------------------------------------------------------------------------------------
    Shaw Aero Devices........................  10101000C..................  All serial numbers.                     
    Shaw Aero Devices........................  10101000B..................  All serial numbers.                     
    Shaw Aero Devices........................  331 series.................  All serial numbers.                     
    Shaw Aero Devices........................  332 series.................  All serial numbers.                     
    Pneudraulics.............................  9527 series................  All serial numbers.                     
    ----------------------------------------------------------------------------------------------------------------
    
    
    [[Page 57310]]
    
        (A) Conduct leak checks of the dump valve and the service panel 
    drain valve. The service panel drain valve leak check must be 
    performed with a minimum of 3 PSID applied across the valve. Only 
    the inner door/closure device of the service panel drain valve must 
    be leak checked.
        (B) Visually inspect the service panel drain valve outer cap/
    door seal and seal mating surface for wear or damage that may cause 
    leakage.
        (iii) For each lavatory drain system that has a lavatory drain 
    system valve that incorporates only an outer cap seal (i.e., uses no 
    inner flapper), or that incorporates an inner seal that is not an 
    attached part of the valve (i.e., a ``donut''): Within 200 flight 
    hours after revising the maintenance program in accordance with 
    paragraph (b) of this AD, and thereafter at intervals not to exceed 
    200 flight hours, conduct leak checks of the dump valve and the 
    service panel drain valve. The service panel drain valve leak check 
    must be performed with a minimum 3 PSID applied across the valve. 
    Both the donut and the outer cap/door must be leak checked.
        (iv) For each lavatory drain system that incorporates any other 
    type of approved valve(s): Within 400 flight hours after revising 
    the maintenance program in accordance with paragraph (b) of this AD, 
    and thereafter at intervals not to exceed 400 flight hours, 
    accomplish the procedures specified in paragraphs (b)(2)(iv)(A) and 
    (b)(2)(iv)(B) of this AD:
        (A) Conduct leak checks of the dump valve and the service panel 
    drain valve. The service panel drain valve leak check must be 
    performed with a minimum 3 PSID applied across the valve. If the 
    service panel drain valve has an inner door/closure device with a 
    second positive seal, only the inner door must be leak checked.
        (B) If the valve has an inner door/closure device with a second 
    positive seal: Visually inspect the service panel drain valve outer 
    door/cap seal and seal mating surface for wear or damage that may 
    cause leakage.
        (3) For flush/fill lines: Within 5,000 flight hours after the 
    effective date of this AD, and thereafter at intervals not to exceed 
    5,000 flight hours, accomplish the procedures specified in either 
    paragraph (b)(3)(i) or (b)(3)(ii) of this AD, as applicable:
        (i) For airplanes equipped with a flush/fill line cap, 
    accomplish either paragraph (b)(3)(i)(A) or (b)(3)(i)(B):
        (A) Conduct a leak check of the flush/fill line cap. This leak 
    check must be made with a minimum of 3 PSID applied across the cap. 
    Or
        (B) Replace the seals on the toilet tank anti-siphon (check) 
    valve and the flush/fill line cap. Additionally, perform a leak 
    check of the toilet tank anti-siphon (check) valve with a minimum of 
    3 PSID across the valve after changing the seals.
        (ii) For airplanes equipped with a check valve vacuum breaker, 
    Monogram part number 4803-86 series: Replace the O-rings/seals in 
    the valve and test the check valve and vacuum breaker sections of 
    the valve for proper operation, in accordance with the 
    manufacturer's component maintenance/overhaul manual.
        (4) Provide procedures for accomplishing visual inspections to 
    detect leakage of the lavatory waste drain line and lavatory flush/
    fill line, at each waste service panel, to be conducted by 
    maintenance personnel at intervals not to exceed 4 calendar days or 
    45 flight hours, whichever occurs later.
        (5) Provide procedures for reporting leakage. These procedures 
    shall provide that any ``horizontal blue streak'' findings must be 
    reported to maintenance and that, prior to further flight, the 
    leaking system shall either be repaired, or be drained and placarded 
    inoperative.
        (i) For systems incorporating an in-line drain valve, Kaiser 
    Electroprecision part number series 2651-329: The reporting 
    procedures must include provisions for reporting to maintenance any 
    instances of abnormal operation of the valve handle for the in-line 
    drain valve, as observed by service personnel during normal 
    servicing.
        (A) Additionally, for these systems, these provisions must 
    include procedures for either: Prior to further flight, following 
    the in-line drain valve manufacturer's recommended troubleshooting 
    procedures and correction of the discrepancy; or prior to further 
    flight, draining the lavatory system and placarding it inoperative 
    until the correction of the discrepancy can be accomplished.
        (B) If the drain system also includes an additional service 
    panel drain valve, Shaw Aero Devices part number 10101000C-A (or 
    higher dash number); or Shaw Aero Devices part number 10101000B-A 
    (or higher dash number); or Shaw Aero Devices part number 10101B-
    577-1 or 10101B-577-2; or Pneudraulics part number series 9527: 
    Indications of abnormal operation of the valve handle for the in-
    line drain valve need not be addressed immediately if a leak check 
    of the service panel drain valve indicates no leakage or other 
    discrepancy. In these cases, repair of the in-line drain valve must 
    be accomplished within 1,000 flight hours after the leak check of 
    the additional service panel drain valve.
        (6) Provide training programs for maintenance and servicing 
    personnel that include information on ``Blue Ice Awareness'' and the 
    hazards of ``blue ice.''
        (7) As a result of the leak checks and inspections required by 
    this paragraph, or if evidence of leakage is found at any other 
    time, accomplish the requirements of either paragraph (b)(7)(i), 
    (b)(7)(ii) or (b)(7)(iii), as applicable:
        (i) If a leak is discovered, prior to further flight, repair the 
    leak. Prior to further flight after repair, perform the leak test. 
    Additionally, prior to returning the airplane to service, clean the 
    surfaces adjacent to where the leakage occurred to clear them or any 
    horizontal fluid residue streaks; such cleaning must be to the 
    extent that any future appearance of a horizontal fluid residue 
    streak will be taken to mean that the system is leaking again.
    
        Note 4: For purposes of this AD, ``leakage'' is defined as any 
    visible leakage observed during a leak test; the presence of ice in 
    the service panel; or horizontal fluid residue streaks/ice trails 
    originating at the service panel. The fluid residue is usually, but 
    not necessarily, blue in color.
    
        (ii) If any worn or damaged seal is found, or if any damaged 
    seal mating surface is found, prior to further flight, repair or 
    replace it in accordance with the valve manufacturer's maintenance 
    manual.
        (iii) In lieu of performing the requirements of paragraph 
    (b)(7)(i) or (b)(7)(ii): Prior to further flight, drain the affected 
    lavatory system and placard the lavatory inoperative until repairs 
    can be accomplished.
        (c) For operators who elect to comply with paragraph (b) of this 
    AD: Any revision to (i.e., extension of) the leak check intervals 
    required by paragraph (b) of this AD must be approved by the 
    Manager, Los Angeles ACO, FAA, Transport Airplane Directorate. 
    Requests for such revisions must be submitted to the Manager of the 
    Los Angeles ACO through the FAA Principal Maintenance Inspector 
    (PMI), and must include the following information:
        (1) The operator's name;
        (2) A statement verifying that all known cases/indications of 
    leakage or failed leak tests are included in the submitted material;
        (3) The type of valve (make, model, manufacturer, vendor part 
    number, and serial number);
        (4) The period of time covered by the data;
        (5) The current FAA leak check interval;
        (6) Whether or not seals have been replaced between the seal 
    replacement intervals required by this AD;
        (7) Whether or not leakage has been detected between leak check 
    intervals required by this AD, and the reason for leakage (i.e., 
    worn seals, foreign materials on sealing surface, scratched or 
    damaged sealing surface or valve, etc.); and
        (8) Whether or not any leak check was conducted without first 
    inspecting or cleaning the sealing surfaces, changing the seals, or 
    repairing the valve. [If such activities have been accomplished 
    prior to conducting the periodic leak check, that leak check shall 
    be recorded as a ``failure'' for purposes of the data required for 
    this request submission. The exception to this is the normally 
    scheduled seal change in accordance with paragraph (b)(1) of this 
    AD. Performing this scheduled seal change immediately prior to a 
    leak check will not cause that leak check to be recorded as a 
    failure.] The leak check is meant to be performed with the valve in 
    the condition it would be in when in normal service. Only major 
    blockages need be removed prior to a leak check. Minor debris that 
    is not commonly removed during normal ground maintenance should not 
    be removed prior to the leak check.
    
        Note 5: Requests for approval of revised leak check intervals 
    may be submitted in any format, provided that the data give the same 
    level of detail specified in paragraph (c) of this AD.
        Note 6: For the purposes of expediting resolution of requests 
    for revisions to the leak check intervals, the FAA suggests that the 
    requester summarize the raw data; group the data gathered from 
    different airplanes (of the same model) and drain systems with the 
    same kind of valve; and provide a recommendation from pertinent 
    industry group(s) and/or the manufacturer specifying an appropriate 
    revised leak check interval.
    
    
    [[Page 57311]]
    
    
        (d) For all airplanes: Within 5,000 flight hours after the 
    effective date of this AD, accomplish the requirements of either 
    paragraph (d)(1) or (d)(2) of this AD:
        (1) Install a lever/lock cap on the flush/fill lines at each 
    lavatory service panel. The cap must be either an FAA-approved 
    lever/lock cap, or a cap installed in accordance with McDonnell 
    Douglas DC-9 Service Bulletin 38-47, dated April 17, 1992. Or
        (2) Install a Monogram 4803-86 series check valve on the flush/
    fill lines for all lavatory service panels.
        (e) For only those airplanes listed in McDonnell Douglas DC-9 
    Service Bulletin 38-41, Revision 3, dated July 5, 1994: Accomplish 
    the procedures specified in paragraphs (e)(1) and (e)(2) of this AD:
        (1) Conduct leak checks of the lavatory vent system at the same 
    time as conducting the leak checks of the dump valve and flush/fill 
    line required by this AD. If a leak is discovered, prior to further 
    flight, accomplish the procedures specified in either paragraph 
    (e)(1)(i), (e)(1)(ii), (e)(1)(iii), or (e)(1)(iv) of this AD:
    
        Note 7: The leak check of the lavatory vent system should be 
    performed with a minimum of 3 pounds per square inch differential 
    pressure (PSID) across the vent system. This leak check may be 
    performed by filling the toilet tank with water/rinsing fluid to a 
    level at least 4 inches above the flapper in the bowl, and checking 
    for leakage after a period of 5 minutes. (These are the same 
    procedures to be used for performing the leak checks of the dump 
    valve and flush/fill line.)
    
        (i) Repair the leak and retest. Or
        (ii) Drain the affected lavatory system and placard the lavatory 
    inoperative until repairs can be accomplished. Or
        (iii) Install an FAA-approved modification that deactivates the 
    vent system. After accomplishment of this deactivation, the leak 
    checks of the lavatory vent system may be discontinued. Or
        (iv) Replace/modify the vent system in accordance with McDonnell 
    Douglas DC-9 Service Bulletin 38-41, Revision 3, dated July 5, 1994. 
    After accomplishment of this replacement/modification, the leak 
    checks of the lavatory vent system may be discontinued.
        (2) Within 3 years after the effective date of this AD: Either 
    replace/modify the vent system in accordance with McDonnell Douglas 
    DC-9 Service Bulletin 38-41, Revision 3, dated July 5, 1994; or 
    install an FAA-approved modification that deactivates the vent 
    system. Accomplishment of either of these actions constitutes 
    terminating action for the leak checks of the lavatory vent system 
    that are required by this AD.
        (f) For any affected airplane acquired after the effective date 
    of this AD: Before any operator places into service any airplane 
    subject to the requirements of this AD, a schedule for the 
    accomplishment of the leak checks required by this AD shall be 
    established in accordance with either paragraph (f)(1) or (f)(2) of 
    this AD, as applicable. After each leak check has been performed 
    once, each subsequent leak check must be performed in accordance 
    with the new operator's schedule, in accordance with either 
    paragraph (a) or (b) of this AD, as applicable.
        (1) For airplanes previously maintained in accordance with this 
    AD: The first leak check to be performed by the new operator must be 
    accomplished in accordance with either the previous operator's 
    schedule or the new operator's schedule, whichever would result in 
    the earlier accomplishment date for that leak check.
        (2) For airplanes that have not been previously maintained in 
    accordance with this AD: The first leak check to be performed by the 
    new operator must be accomplished prior to further flight; or in 
    accordance with a schedule approved by the FAA PMI, but within a 
    period not to exceed 200 flight hours.
        (g) 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 ACO, FAA, Transport 
    Airplane Directorate. Operators shall submit their requests through 
    an appropriate FAA PMI, who may add comments and then send it to the 
    Manager, Los Angeles ACO.
    
        Note 8: Information concerning the existence of approved 
    alternative methods of compliance with this AD, if any, may be 
    obtained from the Los Angeles ACO.
        Note 9: For any valve that is not eligible for the extended leak 
    check intervals of this AD: To be eligible for the leak check 
    interval specified in paragraph (a)(1), (a)(2), (b)(2)(i), or 
    (b)(2)(ii), the service history data of the valve must be submitted 
    to the Manager, Los Angeles ACO, FAA, Transport Airplane 
    Directorate, with a request for approval of an alternative method of 
    compliance with this AD. The request should include an analysis of 
    known failure modes for the valve, if it is an existing design, and 
    known failure modes of similar valves. Additionally, the request 
    should include an explanation of how design features will preclude 
    these failure modes, results of qualification tests, and 
    approximately 25,000 flight hours or 25,000 flight cycles of service 
    history data, including a winter season, collected in accordance 
    with the requirements of paragraph (c) of this AD or a similar 
    program. The configuration of the entire drain system on the 
    airplanes used in evaluating a drain valve leak check interval 
    should be defined in the request so as to ensure that the drain 
    system is representative of the applications where the valve will be 
    used. As an example, data collected on a panel valve installed below 
    a ball valve would not be acceptable for substantiating a leak check 
    interval for the panel valve, since an installation below a ball 
    valve would not be representative of the normal applications where 
    it could be used.
    
        (h) 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.
        (i) The actions shall be done in accordance with McDonnell 
    Douglas DC-9 Service Bulletin 38-47, dated April 17, 1992; and 
    McDonnell Douglas DC-9 Service Bulletin 38-41, Revision 3, dated 
    July 5, 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, 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.
        (j) This amendment becomes effective on December 11, 1996.
    
        Issued in Renton, Washington, on October 18, 1996.
    
    James V. Devany,
    Acting Manager, Transport Airplane Directorate, Aircraft Certification 
    Service.
    [FR Doc. 96-27395 Filed 11-5-96; 8:45 am]
    BILLING CODE 4910-13-U
    
    
    

Document Information

Effective Date:
12/11/1996
Published:
11/06/1996
Department:
Transportation Department
Entry Type:
Rule
Action:
Final rule.
Document Number:
96-27395
Dates:
Effective December 11, 1996. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of December 11, 1996.
Pages:
57304-57311 (8 pages)
Docket Numbers:
Docket No. 95-NM-214-AD, Amendment 39-9798, AD 96-22-10
RINs:
2120-AA64: Airworthiness Directives
RIN Links:
https://www.federalregister.gov/regulations/2120-AA64/airworthiness-directives
PDF File:
96-27395.pdf
CFR: (1)
14 CFR 39.13