[Federal Register Volume 60, Number 66 (Thursday, April 6, 1995)]
[Proposed Rules]
[Pages 17489-17491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8448]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 95-NM-20-AD]
Airworthiness Directives; McDonnell Douglas Model DC-9 and Model
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).
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SUMMARY: This document proposes the supersedure of an existing
airworthiness directive (AD), applicable to certain McDonnell Douglas
Model DC-9 and Model DC-9-80 series airplanes; Model MD-88 airplanes;
and C-9 (military) series airplanes; that currently requires visual and
eddy current inspections to detect cracking of the rudder pedals
adjuster hub assembly, and replacement of the assembly, if necessary.
That AD was prompted by several occurrences of failure of the rudder
pedals adjuster hub assembly due to broken detent lugs. This action
would expand the applicability of the existing AD to include additional
airplanes. The actions specified by the proposed AD are intended to
prevent loss of rudder pedals control and reduction of braking
capability.
DATES: Comments must be received by May 15, 1995.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 95-NM-20-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 McDonnell Douglas Corporation, P.O. Box 1771, Long Beach,
California 90801-1771, Attention: Business Unit Manager, Technical
Administrative Support, Dept. LS1, M.C. 2-98. 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: Augusto Coo, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Transport Airplane Directorate, Los
Angeles Aircraft Certification Office, 3960 Paramount Boulevard,
Lakewood, California 90712; telephone (310) 627-5225; fax (310) 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 95-NM-20-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-103, Attention: Rules
Docket No. 95-NM-20-AD, 1601 Lind Avenue SW., Renton, Washington 98055-
4056.
Discussion
On December 9, 1992, the FAA issued AD 92-27-07, amendment 39-8441
(57 FR 60116, December 18, 1992), applicable to certain McDonnell
Douglas Model DC-9 and Model DC-9-80 series airplanes; Model MD-88
airplanes; and C-9 (military) series airplanes. That AD requires visual
and eddy current inspections to detect cracking of the rudder pedals
adjuster hub assembly, and replacement of the assembly, if necessary.
That action was prompted by several occurrences of failure of the
rudder pedals adjuster hub assembly due to broken detent lugs. The
actions required by that AD are intended to prevent loss of rudder
pedals control and reduction of braking capability.
Since the issuance of AD 92-27-07, the manufacturer has advised the
FAA that several additional airplanes have been identified that are
subject to the same type of cracking of the rudder pedals adjust hub
assembly as addressed by that AD. These airplanes were inadvertently
omitted from the effectivity listing of McDonnell Douglas DC-9 Alert
Service Bulletin A27-235, Revision 1, dated February 3, 1992. AD 92-27-
07 referenced that specific listing of airplanes as those subject to
the requirements of that AD. In light of this, the FAA has determined
that those additional airplanes are subject to the same unsafe
condition addressed by AD 92-27-07.
The FAA has reviewed and approved McDonnell DC-9 Alert Service
Bulletin A27-325, Revision 2, dated January 27, 1994. This revised
service bulletin is essentially identical to the original version,
which was cited in AD 92-27-07 as the appropriate source of service
[[Page 17490]] information, but revises the effectivity listing to
include additional airplanes.
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 supersede AD 92-27-07 to continue to require visual
and eddy current inspections to detect cracking of the rudder pedals
adjuster hub assembly and replacement of the assembly, if necessary.
This proposal also would expand the applicability of the existing AD to
include additional airplanes. The actions would be required to be
accomplished in accordance with the service bulletin described
previously.
As a result of recent communications with the Air Transport
Association (ATA) of America, the FAA has learned that, in general,
some operators may misunderstand the legal effect of AD's on airplanes
that are identified in the applicability provision of the AD, but that
have been altered or repaired in the area addressed by the AD. The FAA
points out that all airplanes identified in the applicability provision
of an AD are legally subject to the AD. If an airplane has been altered
or repaired in the affected area in such a way as to affect compliance
with the AD, the owner or operator is required to obtain FAA approval
for an alternative method of compliance with the AD, in accordance with
the paragraph of each AD that provides for such approvals. A note has
been included in this notice to clarify this long-standing requirement.
There are approximately 909 Model DC-9 and Model 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
561 airplanes of U.S. registry would be affected by this proposed AD,
that it would take approximately 3 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 total cost impact of the
proposed AD on U.S. operators is estimated to be $180 per airplane.
The actions specified in this proposed rule previously were
required by AD 92-27-07, which was applicable to approximately 373
airplanes. Based on the figures discussed above, the total cost impact
of the current requirements of that AD on U.S. operators is estimated
to be $67,140. In consideration of the compliance time and effective
date of AD 92-27-07, the FAA assumes that operators of the 373
airplanes subject to that AD have already initiated the required
actions. The proposed AD action would add no new costs associated with
those airplanes.
This proposed action would be applicable to approximately 188
additional airplanes. Based on the figures discussed above, the total
new costs to U.S. operators that would be imposed by this AD are
estimated to be $33,840. This figure is based on assumptions that no
operator of these additional airplanes 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.
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. App. 1354(a), 1421 and 1423; 49 U.S.C.
106(g); and 14 CFR 11.89.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by removing amendment 39-8441 (57 FR
60116, December 18, 1992), and by adding a new airworthiness directive
(AD), to read as follows:
McDonnell Douglas: Docket 95-NM-07-AD. Supersedes AD 92-27-07,
Amendment 39-8441.
Applicability: Model DC-9-10, -20, -30, -40, and -50 series
airplanes; Model DC 9-81 (MD-81), -82 (MD-82), -83 (MD-83), and -87
(MD-87) series airplanes; Model MD-88 airplanes; and Model C-9
(military) series airplanes; as listed in McDonnell Douglas DC-9
Alert Service Bulletin A27-325, Revision 2, dated January 27, 1995;
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 use the authority
provided in paragraph (c) to request approval from the FAA. This
approval may address either no action, if the current configuration
eliminates the unsafe condition; or different actions necessary to
address the unsafe condition described in this AD. Such a request
should include an assessment of the effect of the changed
configuration on the unsafe condition addressed by this AD. In no
case does the presence of any modification, alteration, or repair
remove any airplane from the applicability of this AD.
Compliance: Required as indicated, unless accomplished
previously.
To prevent loss of rudder pedals control and reduction of
braking capability, accomplish the following:
(a) For airplanes listed in McDonnell Douglas Service Bulletin,
Revision 1, dated February 3, 1993: Prior to the accumulation of
15,000 landings or within 270 days after January 22, 1993 (the
effective date of AD 92-27-07, amendment 39-8441), whichever occurs
later, conduct a visual and eddy current inspection to detect cracks
of the rudder pedals adjuster hub assembly, part number 4616066, in
accordance with McDonnell Douglas DC-9 Alert Service Bulletin A27-
325, Revision 1, dated February 3, 1992, or Revision 2, dated
January 27, 1995.
(1) If no cracks are detected as a result of the inspections
required by this paragraph, repeat the inspections at intervals not
to exceed 3,500 landings.
(2) If cracks are detected as a result of the inspections
required by this paragraph, prior to further flight, replace the
rudder pedals adjuster hub assembly, part number 4616066, with a new
assembly having the same part number, in accordance with McDonnell
Douglas DC-9 Alert Service Bulletin A27-325, Revision 2, dated
January 27, 1995. Thereafter, conduct visual and eddy current
inspections of the replacement rudder pedals adjuster hub assembly
in accordance with this paragraph. [[Page 17491]]
(b) For airplanes listed in McDonnell Douglas Service Bulletin
Revision 2, dated January 27, 1995, and not subject to paragraph (a)
of this AD: Prior to the accumulation of 15,000 landings or within
270 days after the effective date of this AD, whichever occurs
later, conduct a visual and eddy current inspection to detect cracks
of the rudder pedals adjuster hub assembly, part number 4616066, in
accordance with McDonnell Douglas DC-9 Alert Service Bulletin A27-
325, Revision 1, dated February 3, 1992, or Revision 2, dated
January 27, 1995.
(1) If no cracks are detected as a result of the inspections
required by this paragraph, repeat the inspections at intervals not
to exceed 3,500 landings.
(2) If cracks are detected as a result of the inspections
required by this paragraph, prior to further flight, replace the
rudder pedals adjuster hub assembly, part number 4616066, with a new
assembly having the same part number, in accordance with McDonnell
Douglas DC-9 Alert Service Bulletin A27-325, Revision 2, dated
January 27, 1995. Thereafter, conduct visual and eddy current
inspections of the replacement rudder pedals adjuster hub assembly
in accordance with this paragraph.
(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
Secs. 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 March 31, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 95-8448 Filed 4-5-95; 8:45 am]
BILLING CODE 4910-13-U
