[Federal Register Volume 63, Number 232 (Thursday, December 3, 1998)]
[Rules and Regulations]
[Pages 66751-66753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32098]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-NM-258-AD; Amendment 39-10927; AD 98-25-04]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model MD-90-30 Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain McDonnell Douglas Model MD-90-30 series
airplanes, that requires repetitive inspections to detect debris in the
areas behind the aft lavatory toilet shroud, behind the aft lavatory
modules, and below the cabin floor aft of the aft cargo compartment
bulkhead; and removal of debris. This amendment also requires
modification of the lavatory toilet shroud assemblies and modification
of the lavatory entry door louvers, which terminates the repetitive
inspections. This amendment is prompted by reports of paper debris
collecting below the cabin floor. The actions specified by this AD are
intended to prevent paper debris from collecting below the cabin floor,
which could result in a potential fire hazard or possible loss of
elevator control system redundancy.
DATES: Effective January 7, 1999.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of January 7, 1999.
ADDRESSES: The service information referenced in this AD may be
obtained from The Boeing Company, Douglas Products Division, 3855
Lakewood Boulevard, Long Beach, California 90846, Attention: Technical
Publications Business Administration, Dept. C1-L51 (2-60). This
information may be examined at the Federal Aviation Administration
(FAA), Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue,
SW., Renton, Washington; or at the FAA, Transport Airplane Directorate,
Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard,
Lakewood, California; or at the Office of the Federal Register, 800
North Capitol Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Albert H. Lam, Aerospace Engineer,
Systems and Equipment Branch, ANM-130L, FAA, Transport Airplane
Directorate, Los Angeles Aircraft Certification Office, 3960 Paramount
Boulevard, Lakewood, California 90712-4137; telephone (562) 627-5346;
fax (562) 627-5210.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain McDonnell Douglas Model
MD-90-30 series airplanes was published in the Federal Register on May
20, 1998 (63 FR 27692). That action proposed to require repetitive
inspections to detect debris in the areas behind the aft lavatory
toilet shroud, behind the aft lavatory modules, and below the cabin
floor aft of the aft cargo compartment bulkhead; and removal of debris.
That action also proposed to require modification of the lavatory
toilet shroud assemblies and modification of the lavatory entry door
louvers, which would terminate the repetitive inspections.
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
One commenter supports the proposed rule.
Request To Withdraw the Proposed Rule
One commenter [The Boeing Company, Douglas Products Division (DPD)]
``takes serious issue'' with a statement that appears in the Summary
section of the preamble of the proposed rule. That statement specifies
that the proposed rule is prompted by reports of paper debris
collecting on the hot pneumatic ducts below the cabin floor. The
commenter indicates that it has never seen or reported paper on the
pneumatic duct, nor has the commenter received such reports from
others. In addition, the commenter states that a lit cigarette has
always been suggested as the potential fire hazard not paper debris on
the ducts.
The FAA infers from the commenter's remarks that it requests the
proposed AD be withdrawn. The FAA does not concur. The FAA acknowledges
that it has not received reports of paper debris collecting on the hot
pneumatic ducts. Since paper debris collecting below the cabin floor
poses a potential fire hazard and could result in possible loss of
elevator control system redundancy, the FAA must issue this final rule
to correct that unsafe condition.
However, the FAA has received reports of paper debris collecting
below the cabin floor, and has revised the Summary section and the
unsafe condition of this final rule to clarify this information.
Request To Remove Reporting Requirement
One commenter has no objection to the proposed inspection and
modifications specified in the proposal. However, the commenter
requests that the proposed rule provide relief from the reporting
requirement specified in McDonnell Douglas Alert Service Bulletin MD90-
25A017, which is referenced in the proposed rule as the appropriate
source of service information. The commenter suggests either exempting
operators from the reporting requirement, or only requiring operators
to report initial inspection results to McDonnell Douglas. The
commenter states that reporting both positive and negative findings of
initial and repetitive inspections, as specified in the alert service
bulletin, seems to be more of an industry evaluation to determine the
viability of the AD, rather than an AD-mandated issue.
The FAA concurs with the commenter's request. The FAA points out
that the proposed rule does not specify a requirement for reporting
inspection findings to the manufacturer. The alert service bulletin
referenced by the commenter is cited in the AD to provide procedures
for accomplishment of the required inspection. However, to eliminate
any confusion concerning a reporting requirement, this final rule has
been revised to cite specific paragraphs of the alert service bulletin
that are required to be accomplished. Additionally, the issuance date
of Revision R01 of the alert service bulletin has been changed from
October 15, 1997, to October 16, 1997, in this final rule.
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
[[Page 66752]]
on any operator nor increase the scope of the AD.
Cost Impact
There are approximately 55 Model MD-90-30 series airplanes of the
affected design in the worldwide fleet. The FAA estimates that 19
airplanes of U.S. registry will be affected by this AD.
It will take approximately 5 work hours per airplane to accomplish
the required inspection, at an average labor rate of $60 per work hour.
Based on these figures, the cost impact of the inspection on U.S.
operators is estimated to be $5,700, or $300 per airplane, per
inspection cycle.
It will take approximately 1 work hour per airplane to accomplish
the required modification of the toilet shroud assemblies, at an
average labor rate of $60 per work hour. Required parts will be
supplied by the manufacturer at no cost to operators. Based on these
figures, the cost impact of this modification on U.S. operators is
estimated to be $1,140, or $60 per airplane.
It will take approximately 1 work hour per airplane to accomplish
the required modification of the lavatory entry door louvers, at an
average labor rate of $60 per work hour. Required parts will be
supplied by the manufacturer at no cost to operators. Based on these
figures, the cost impact of this modification on U.S. operators is
estimated to be $1,140, or $60 per airplane.
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:
98-25-04 McDonnell Douglas: Amendment 39-10927. Docket 97-NM-258-AD.
Applicability: Model MD-90-30 series airplanes; as listed in
paragraph 1.A.1. of McDonnell Douglas Alert Service Bulletin MD90-
25A017, Revision R01, dated October 16, 1997, McDonnell Douglas
Service Bulletin MD90-25-022, Revision R01, dated October 15, 1997,
and McDonnell Douglas Service Bulletin MD90-25A023, Revision R01,
dated October 15, 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 (e) 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 a potential fire hazard or the possible loss of
elevator control system redundancy due to paper debris collecting
below the cabin floor, accomplish the following:
(a) Within 450 flight hours or 3 months after the effective date
of this AD, whichever occurs later, perform an inspection to detect
paper and lint debris in the areas behind the aft lavatory toilet
shroud, behind the aft lavatory modules, and below the cabin floor
aft of the aft cargo compartment bulkhead, in accordance with
paragraphs 3.A.1 through 3.A.15 inclusive of the Accomplishment
Instructions of McDonnell Douglas Alert Service Bulletin MD90-
25A017, Revision R01, dated October 16, 1997. If any debris is
found, prior to further flight, remove it in accordance with the
alert service bulletin. Repeat the inspection thereafter at
intervals not to exceed 450 flight hours.
(b) Within 12 months after the effective date of this AD, modify
the lavatory toilet shroud assemblies in accordance with paragraph
3. (``Accomplishment Instructions'') of McDonnell Douglas Service
Bulletin MD90-25-022, Revision R01, dated October 15, 1997.
(c) Within 12 months after the effective date of this AD, modify
the lavatory entry door louvers in accordance with paragraph 3.
(``Accomplishment Instructions'') of McDonnell Douglas Service
Bulletin MD90-25-023, Revision R01, dated October 15, 1997.
(d) Modification of the toilet shroud assemblies and the
lavatory entry door louvers in accordance with paragraphs (b) and
(c) of this AD constitutes terminating action for the repetitive
inspection requirements of paragraph (a) of this AD.
(e) 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.
(f) 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.
(g) The actions shall be done in accordance with McDonnell
Douglas Alert Service Bulletin MD90-25A017, Revision R01, dated
October 16, 1997; McDonnell Douglas Service Bulletin MD90-25-022,
Revision R01, dated October 15, 1997; and McDonnell Douglas Service
Bulletin MD90-25-023, Revision R01, dated October 15, 1997. 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 The Boeing Company, Douglas Products
Division, 3855 Lakewood Boulevard, Long Beach, California 90846,
Attention: Technical Publications Business Administration, Dept. 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
[[Page 66753]]
Office of the Federal Register, 800 North Capitol Street, NW., suite
700, Washington, DC.
(h) This amendment becomes effective on January 7, 1999.
Issued in Renton, Washington, on November 25, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-32098 Filed 12-2-98; 8:45 am]
BILLING CODE 4910-13-U
