[Federal Register Volume 63, Number 243 (Friday, December 18, 1998)]
[Proposed Rules]
[Pages 70069-70071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33537]
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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.
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SUMMARY: This document revises an earlier proposed airworthiness
directive (AD), applicable to certain McDonnell Douglas Model DC-9-80
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 proposed rule by expanding the
applicability of the proposed rule to
[[Page 70070]]
include additional airplanes, and revising the type of replacement
pins. The actions specified by this new proposed AD are intended to
prevent the improper deployment of the evacuation slide due to such
stress corrosion, which could delay or impede evacuation of passengers
during an emergency.
DATES: Comments must be received by January 12, 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 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 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, Los Angeles Aircraft
Certification Office, 3960 Paramount Boulevard, Lakewood, California
90712; 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-9-80 series airplanes, and Model MD-
88 and MD-90-30 airplanes, was published as a notice of proposed
rulemaking (NPRM) in the Federal Register on April 2, 1998 (63 FR
16172). 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 the improper deployment of the evacuation slide, which could delay
or impede evacuation of passengers during an emergency.
Comments Received to Previous Proposal
Due consideration has been given to the comments received in
response to the NPRM.
Requests To Reference Latest Service Information
Several commenters request that the applicability and paragraph (a)
of the proposed AD be revised to reference Revision 01 of McDonnell
Douglas Alert Service Bulletin DC9-25A357. Two of these commenters
state that the effectivity listing of this alert service bulletin has
been revised to include additional airplanes.
The FAA concurs with the commenters' requests to reference Revision
01 of the alert service bulletin. Since issuance of the NPRM, the FAA
has reviewed and approved Revision 01 of McDonnell Douglas Alert
Service Bulletin DC9-25A357, dated March 16, 1998. The replacement
procedures described in this revised alert service bulletin are
essentially identical to those described in the original version (which
was referenced in the proposed AD as the appropriate source of service
information for accomplishment of the replacement). However, the
effectivity listing of the alert service bulletin, among other items
(including affected spares), has been revised to include additional
Model DC-9 series airplanes and MD-88 airplanes that are subject to the
identified unsafe condition. Therefore, the FAA has revised the
supplemental NPRM to reference Revision 01 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. The FAA also has revised the cost impact
information and paragraph (b) of the supplemental NPRM according to the
revised information specified in Revision 01 of the alert service
bulletin.
Request To Reference Correct Type of Pin
One commenter points out that the pin specified in the referenced
alert service bulletin is not stainless steel, but rather a corrosion-
resistant steel pin. The commenter states that a solid pin in lieu of
the current roll pin would not be of any benefit in preventing
corrosion since both the existing pin [part number (P/N) MS39086-140]
and the proposed solid pin (P/N MS16555-628) are made of the same
material (410 cress steel). The FAA acknowledges that the pin specified
in the referenced alert service bulletin is not stainless steel. The
FAA has consulted with Boeing and determined that the alert service
bulletin incorrectly describes the subject pin as ``solid stainless
steel.'' Therefore, the FAA has revised paragraph (a) of the
supplemental NPRM to read ``solid corrosion-resistant pins'' instead of
``solid stainless steel pins.''
Conclusion
Since these changes expand the scope of the originally proposed
rule, the FAA has determined that it is necessary to reopen the comment
period to provide additional opportunity for public comment.
[[Page 70071]]
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. Required
parts would cost approximately $2 per airplane. 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 01, dated March 16, 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:
(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 MD80-25A357, dated February 11, 1997, or McDonnell
Douglas Alert Service Bulletin DC9-25A357, Revision 01, dated March
16, 1998 (for Model DC-9 series airplanes and Model MD-88
airplanes); or McDonnell Douglas Alert Service Bulletin MD90-25A-
019, dated February 11, 1997 (for Model MD-90-30 airplanes); as
applicable.
(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.
(c) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Los Angeles Aircraft Certification
Office (ACO), FAA, Transport Airplane Directorate. Operators shall
submit their requests through an appropriate FAA Principal
Maintenance Inspector, who may add comments and then send it to the
Manager, Los Angeles ACO.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Los Angeles ACO.
(d) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
Issued in Renton, Washington, on December 14, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-33537 Filed 12-17-98; 8:45 am]
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