[Federal Register Volume 64, Number 40 (Tuesday, March 2, 1999)]
[Proposed Rules]
[Pages 10113-10114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5043]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 64, No. 40 / Tuesday, March 2, 1999 /
Proposed Rules
[[Page 10113]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-NM-69-AD]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model MD-90-30
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 all McDonnell Douglas MD-90-30
series airplanes. This proposal would require revising the
Airworthiness Limitations Section of the Instructions for Continued
Airworthiness [MD-90-30 Airworthiness Limitations Instructions (ALI)]
to incorporate certain replacement times for safe-life limited parts.
This proposal is prompted by analysis of data that identified reduced
replacement times for certain safe-life limited parts. The actions
specified by the proposed AD are intended to prevent fatigue cracking
of various safe-life limited parts; such fatigue cracking could
adversely affect the structural integrity of these airplanes.
DATES: Comments must be received by April 16, 1999.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 98-NM-69-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: Brent Bandley, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Transport Airplane Directorate, Los
Angeles Aircraft Certification Office, 3960 Paramount Boulevard,
Lakewood, California 90712-4137; telephone (562) 627-5237; 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 98-NM-69-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. 98-NM-69-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
As airplanes gain service experience, or as the result of post-
certification testing and evaluation, it may become necessary to add
additional life limits or structural inspections in order to ensure the
continued structural integrity of the airplane. The manufacturer may
revise the Airworthiness Limitations document to include more
restrictive life limits.
McDonnell Douglas has completed analyses of certain safe-life
limited parts on high gross weight airplanes. The results of these
analyses indicate that certain replacement times must be revised for
certain safe-life limited parts for these airplanes.
The actions specified by the proposed AD are intended to prevent
fatigue cracking of various safe-life limited parts; such fatigue
cracking could adversely affect the structural integrity of these
airplanes.
Explanation of Relevant Service Information
The FAA has reviewed and approved the MD-90 Airworthiness
Limitations Instructions (ALI), McDonnell Douglas Report Number MDC-
94K9000, Revision 3, dated November 1997. Among other things, Revision
3 revises mandatory replacement times for safe-life limited parts.
Accomplishment of the actions specified in the ALI is intended to
adequately address the identified unsafe condition.
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 operators to revise the MD-90 ALI to
incorporate Revision 3, dated November 1997.
Cost Impact
There are approximately 150 airplanes of the affected design in the
worldwide fleet. The FAA estimates that 100 airplanes of U.S. registry
would be affected by this proposed AD, that it would take approximately
1 work hour 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
[[Page 10114]]
AD on U.S. operators is estimated to be $6,000, or $60 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 98-NM-69-AD.
Applicability: All Model MD-90-30 series airplanes, 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 fatigue cracking of various safe-life limited parts,
which could adversely affect the structural integrity of these
airplanes, accomplish the following:
(a) Within 180 days after the effective date of this AD, revise
the Airworthiness Limitations Section of the Instructions for
Continued Airworthiness [Airworthiness Limitations Instructions
(ALI), McDonnell Douglas Report No. MDC-94K9000, dated November
1994] to incorporate the Part Number, Item, and Mandatory
Replacement Time of certain safe-life limited parts by inserting a
copy of Revision 3, dated November 1997, into the ALI.
(b) Except as provided by paragraph (c) of this AD: After the
actions specified in paragraph (a) of this AD have been
accomplished, no alternative replacement times may be approved for
the safe-life limited parts specified in McDonnell Douglas ALI
Report No. MDC-94K9000, Revision 3, dated November 1997.
(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 February 23, 1999.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 99-5043 Filed 3-1-99; 8:45 am]
BILLING CODE 4910-13-U
