[Federal Register Volume 63, Number 33 (Thursday, February 19, 1998)]
[Proposed Rules]
[Pages 8371-8372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4111]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-NM-251-AD]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model DC-9 and DC-9-
80 Series Airplanes, Model MD-88 Airplanes, and C-9 (Military) Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to certain McDonnell Douglas Model
DC-9 and DC-9-80 series airplanes, Model MD-88 airplanes, and C-9
(military) series airplanes. This proposal would require an inspection
to determine if the latching lever pin of the speed brake passes an
axial force check, and a visual inspection to determine if the staking
of the latching lever pin is acceptable; and follow-on corrective
action, if necessary. This proposal is prompted by reports that the
speed brake handle jammed in the ground spoiler position. The actions
specified by the proposed AD are intended to prevent the retraction of
the spoilers and the full advancement of the left throttle during a go-
around, as the result of a jammed speed brake handle pin.
DATES: Comments must be received by April 6, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 597-NM-251-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: Walter Eierman, Aerospace Engineer,
Systems and Equipment Branch, ANM-130L, FAA, Los Angeles Aircraft
Certification Office, 3960 Paramount Boulevard, Lakewood, California
90712; telephone (562) 627-5336; 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-251-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-251-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The FAA has received reports that the speed brake handle jammed in
the ground spoiler position on McDonnell Douglas Model DC-9-80 series
airplanes. These airplanes had accumulated as low as 547 total flight
hours or 299 total flight cycles. Investigation revealed that the cause
of such jamming was attributed to an oversize pin hole and improper
staking of the pin hole, which caused migration of the pin. A jammed
speed brake handle pin, if not corrected, could prevent the retraction
of the spoilers and the full advancement of the left throttle during a
go-around.
The subject part on certain McDonnell Douglas Model DC-9 series
airplanes, Model MD-88 airplanes, and C-9 (military) series airplanes
is identical to that on the affected Model DC-9-80 series airplanes.
Therefore, all of these airplanes may be subject to the same unsafe
condition.
Explanation of Relevant Service Information
The FAA has reviewed and approved McDonnell Douglas Service
Bulletin DC-9-27-346, Revision 01, dated July 29, 1997. The service
bulletin describes procedures for performing an inspection to determine
if the latching lever pin of
[[Page 8372]]
the speed brake passes an axial force check, and a visual inspection to
determine if the staking of the latching lever pin is acceptable; and
follow-on corrective action, if necessary. (The follow-on corrective
actions include repetitive inspections, replacement of the speed brake
latching lever, and temporary repair of the latching lever pin.)
Explanation of Requirements of Proposed Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other products of this same type design, the
proposed AD would require an inspection to determine if the latching
lever pin of the speed brake passes an axial force check, and a visual
inspection to determine if the staking of the latching lever pin is
acceptable; and follow-on corrective action, if necessary. The actions
would be required to be accomplished in accordance with the service
bulletin described previously.
Cost Impact
There are approximately 2,050 McDonnell Douglas Model DC-9 and DC-
9-80 series airplanes, Model MD-88 airplanes, and C-9 (military) series
airplanes of the affected design in the worldwide fleet. The FAA
estimates that 1,250 airplanes of U.S. registry would be affected by
this proposed AD, that it would take approximately 5 work hours per
airplane to accomplish the proposed actions, and that the average labor
rate is $60 per work hour. Based on these figures, the cost impact of
the proposed AD on U.S. operators is estimated to be $375,000, or $300
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-251-AD.
Applicability: Model DC-9-10, -20, -30, -40, and -50, and DC-9-
81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), and DC-9-87 (MD-87)
series airplanes; Model MD-88 airplanes; and C-9 (military) series
airplanes; as listed in McDonnell Douglas Service Bulletin DC9-27-
346, Revision 1, dated July 29, 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 (b) 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 retraction of the spoilers and the full
advancement of the left throttle during a go-around, as the result
of a jammed speed brake handle pin, accomplish the following:
(a) Within 12 months after the effective date of this AD,
perform an inspection to determine if the latching lever pin of the
speed brake passes an axial force check, and a visual inspection to
determine if the staking of the latching lever pin is
``acceptable'', in accordance with McDonnell Douglas DC9-27-346,
Revision 01, dated July 29, 1997.
Note 2: The criteria for determining whether the staking is
``acceptable'' are defined in Figure 1 of the service bulletin.
(1) Condition 1. If the pin passes the axial force check and the
staking is found to be acceptable, no further action is required by
this AD.
(2) Condition 2. If the pin passes the axial force check and the
staking is found to be unacceptable, accomplish the actions
specified in Condition 2, Option 1, or Condition 2, Option 2 of the
Accomplishment Instructions of the service bulletin. These actions
shall be accomplished at the times specified in paragraph E.
``Compliance'' of the service bulletin. Accomplishment of the
replacement of the speed brake latching lever constitutes
terminating action for the repetitive inspection requirements of
this AD.
(3) Condition 3. If the pin fails the axial force check and the
staking is found to be unacceptable, accomplish the actions
specified in Condition 3, Option 1, or Condition 3, Option 2 of the
Accomplishment Instructions of the service bulletin. These actions
shall be accomplished at the times specified in paragraph E.
``Compliance'' of the service bulletin. Accomplishment of the
replacement of the speed brake latching lever constitutes
terminating action for the repetitive inspection requirements of
this AD.
(b) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Los Angeles Aircraft Certification
Office (ACO), FAA, Transport Airplane Directorate. Operators shall
submit their requests through an appropriate FAA Principal
Maintenance Inspector, who may add comments and then send it to the
Manager, Los Angeles ACO.
Note 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Los Angeles ACO.
(c) 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 February 11, 1998.
Gilbert L. Thompson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-4111 Filed 2-18-98; 8:45 am]
BILLING CODE 4910-13-U
