[Federal Register Volume 59, Number 89 (Tuesday, May 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10116]
[[Page Unknown]]
[Federal Register: May 10, 1994]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 93-NM-156-AD; Amendment 39-8901; AD 94-09-12]
Airworthiness Directives; McDonnell Douglas Model DC-8, DC-9, and
DC-9-80 Series Airplanes; Model MD-88 Airplanes; and C-9 (Military)
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain McDonnell Douglas Model DC-8, DC-9, and DC-9-80
series airplanes; Model MD-88 airplanes; and C-9 (military) airplanes;
that requires inspection of the center and side windshields, and
replacement of discrepant windshields. This amendment is prompted by
reports that the core ply of certain windshields was incorrectly
tempered during the manufacturing process. The actions specified by
this AD are intended to prevent failure of the windshield.
DATES: Effective June 9, 1994.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of June 9, 1994.
ADDRESSES: The service information referenced in this AD may be
obtained from McDonnell Douglas Corporation, P.O. Box 1771, Long Beach,
California 90801-1771, Attention: Business Unit Manager, Technical
Administrative Support, Department L51, M.C. 2-98. 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, 3229 East Spring Street, Long Beach,
California; or at the Office of the Federal Register, 800 North Capitol
Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: David Hempe, Aerospace Engineer,
Airframe Branch, ANM-122L, FAA, Transport Airplane Directorate, Los
Angeles Aircraft Certification Office, 3229 East Spring Street, Long
Beach, California 90806-2425; telephone (310) 988-5224; fax (310) 988-
5210; or Mike Lee, Aerospace Engineer, Airframe Branch, ANM-122L, FAA,
Transport Airplane Directorate, Los Angeles Aircraft Certification
Office, 3229 East Spring Street, Long Beach, California 90806-2425;
telephone (310) 988-5325; fax (310) 988-5210.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations to include an airworthiness directive (AD) that is
applicable to certain McDonnell Douglas Model DC-8, DC-9, and DC-9-80
series airplanes; Model MD-88 airplanes; and C-9 (military) airplanes
was published as a supplemental notice of proposed rulemaking (NPRM) in
the Federal Register on February 15, 1994 (59 FR 7233). That action
proposed to require inspection of the center and side windshields, and
replacement of discrepant windshields.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Three commenters support the proposed rule.
One commenter requests that inspections performed prior to the
effective date of the AD be considered acceptable for compliance with
the inspection requirement in the proposal. The FAA concurs. As allowed
by the phrase, ``unless accomplished previously,'' in the
``Compliance'' section of this AD, if the inspection has been
accomplished prior to the effective date of the AD, this AD does not
require that it be repeated. Therefore, no change to the final rule is
necessary.
One commenter requests that the final rule be revised to include
the option of reviewing purchasing records in lieu of the proposed
inspection requirement. The commenter asserts that a review of
purchasing records would be more cost effective, and safety would not
be compromised since the end result would be the same: a determination
of the manufacturing source of the windshields. The FAA does not
concur. Since tracking systems for shipping and purchasing records vary
from operator to operator, the possibility exists for windshields to be
tracked by part number alone. These common part numbers may be assigned
to several manufacturers. Therefore, purchasing records would not be
reliable in determining the manufacturing source of windshields. -
One commenter requests that the proposed compliance time of 30 days
to inspect the windshields be extended to 90 days or at the next
regularly scheduled ``B'' check. The commenter states that a compliance
time of 30 days would impose an unnecessary hardship on operators of
large fleets. Two commenters also express concern that replacement
parts would not be available in sufficient quantities; therefore, the
extension in compliance time would give the manufacturer sufficient
time to produce an adequate quantity of replacement windshields. The
FAA does not concur. In developing an appropriate compliance time for
this action, the FAA considered not only the degree of urgency
associated with addressing the subject unsafe condition, but the
availability of required parts and the practical aspect of inspecting
and installing the necessary parts within a maximum interval of time
allowable for all affected airplanes to continue to operate without
compromising safety. The FAA has verified that, of the original 730
discrepant windshields known to have been produced and in service, 599
(82%) have already been removed from service and returned to the
vendor; that leaves only 131 windshields remaining in service. Further,
the FAA also has verified that an adequate supply of replacement
windshields will be available for affected operators to accomplish the
requirements of this AD within the 30-day compliance time. In light of
all of these factors, the FAA has determined that the 30-day compliance
time is warranted and appropriate. However, under the provisions of
paragraph (d) of the final rule, operators may apply for the approval
of an alternative method of compliance or adjustment of the compliance
time by submitting justification for such an alternative or adjustment
to the FAA.
One commenter requests that proposed paragraphs (a)(2)(ii),
(b)(2)(ii), and (c) be changed to limit applicability only to those
airplanes on which the windshield has been replaced after February
1992. The FAA does not consider that this suggested change is
necessary. Since the applicability statement of the AD states that the
AD applies to ``airplanes on which the . . . windshield has been
replaced after February 1992,'' that statement applies to paragraphs
(a), (b), and (c) of the AD. Therefore, no change to the final rule is
warranted.
This same commenter requests that the final rule be revised to
include a requirement to inspect for discrepant windshields that are
identifiable by part numbers and serial numbers beginning with the
letters ``SWU.'' The FAA does not concur. Windshields that have a part
number or serial number beginning with ``SWU'' are made of acrylic and,
as such, are not subject to the unsafe condition addressed by this AD.
The unsafe condition addressed by this AD is the result of incorrect
tempering of the core ply of certain glass windshields during the
manufacturing process. NOTE 2 has been added to the final rule to make
clear that the requirements of this AD apply only to windshields made
of glass.
After careful review of the available data, including the comment
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule as proposed.
There are approximately 235 Model DC-8 series airplanes of the
affected design in the worldwide fleet. The FAA estimates that 140
airplanes of U.S. registry will be affected by this AD, that it will
take approximately 0.5 work hour per airplane to accomplish the
required inspection, and that the average labor rate is $55 per work
hour. Based on these figures, the total cost impact of the AD on U.S.
operators of Model DC-8 series airplanes is estimated to be $3,850, or
$27.50 per airplane.
There are approximately 1,978 Model DC-9 and DC-9-80 series
airplanes, Model MD-88 airplanes, and C-9 (military) airplanes of the
affected design in the worldwide fleet. The FAA estimates that 1,079
airplanes of U.S. registry will be affected by this AD, that it will
take approximately 0.5 work hour per airplane to accomplish the
required inspection, and that the average labor rate is $55 per work
hour. Based on these figures, the total cost impact of the AD on U.S.
operators of Model DC-9 and DC-9-80 series airplanes, Model MD-88
airplanes, and C-9 (military) airplanes is estimated to be $29,673, or
$27.50 per airplane.
Based on the figures discussed above, the total cost impact of the
AD actions on U.S. operators is estimated to be $33,523.
Should an inspection reveal that a discrepant windshield was
installed, the replacement of that windshield will require
approximately 10 additional work hours to accomplish, at an average
labor rate of $55 per work hour. Required replacement parts will be
provided at no cost to operators. Based on these figures, the total
cost impact for the replacement of discrepant windshields for U.S.
operators will be $550 per airplane. -
The total cost impact figures discussed above are 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. However, the
FAA has been advised that 599 out of 730 discrepant windshields already
have been identified and returned by affected operators; therefore, the
future total cost impact of this AD is expected to be much less than
the figures indicated above.
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 14 CFR part
39 of the Federal Aviation Regulations 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 adding the following new
airworthiness directive:
94-09-12 McDonnell Douglas: Amendment 39-8901. Docket 93-NM-156-AD.
Applicability: Model DC-8-60 and -70 series airplanes, on which
the center windshield has been replaced after February 1992; and
Model DC-9-10, -20, -30, -40, and -50 series airplanes, Model DC-9-
81, -82, -83, and -87 airplanes, Model MD-88 airplanes, and C-9
(military) airplanes, on which the center and/or side (glass)
windshield(s) has been replaced after February 1992; certificated in
any category.
Compliance: Required as indicated, unless accomplished
previously.
Note 1: Replacement of any subject windshield that has been
accomplished prior to the effective date of this amendment in
accordance with McDonnell Douglas DC-8 Service Bulletin A56-16,
dated June 15, 1993, or Revision 1, dated July 1, 1993 (for Model
DC-8 series airplanes); or McDonnell Douglas DC-9 Alert Service
Bulletin A56-15, dated June 15, 1993, or Revision 1, dated September
15, 1993; is considered acceptable for compliance with the
applicable action specified in this amendment.
Note 2: This AD only addresses center and side flight
compartment windshields made of glass. Windshields used in other
locations on these airplanes and windshields manufactured with
materials other than glass are not addressed in this AD.
To prevent failure of the windshield, accomplish the following:
(a) For Model DC-8-60 and -70 series airplanes: Within 30 days
after the effective date of this AD, perform a visual inspection of
the center windshield to determine the manufacturer.
(1) If the windshield was not manufactured by Pilkington
Aerospace: No further action is required by this AD.
(2) If the center windshield, part number 5887275-501, was
manufactured by Pilkington Aerospace: Prior to further flight,
replace the center windshield with one of the windshields specified
in paragraph (a)(2)(i), (a)(2)(ii), or (a)(2)(iii) of this AD, in
accordance with McDonnell Douglas DC-8 Alert Service Bulletin A56-
16, Revision 2, dated December 13, 1993.
(i) A center windshield that was not manufactured by Pilkington
Aerospace.
(ii) A center windshield that has been manufactured by
Pilkington Aerospace, but recertified and re-identified by
Pilkington Aerospace.
(iii) A center windshield that was manufactured by Pilkington
Aerospace after September 30, 1993.
(b) For Model DC-9-10, -20, -30, -40, and -50 series airplanes;
Model DC-9-81, -82, -83, and -87 airplanes; Model MD-88 airplanes;
and C-9 (military) airplanes: Within 30 days after the effective
date of this AD, perform a visual inspection of the center
windshield and side windshield to determine the manufacturer.
(1) If the center and side windshields were not manufactured by
Pilkington Aerospace: No further action is required by this AD.
(2) If the center windshield, part number 5887275-501, or side
windshields, part numbers 5912290-501 and 5912290-502, were
manufactured by Pilkington Aerospace: Prior to further flight,
replace the center and/or side windshield(s) with one of the
windshields specified in paragraph (b)(2)(i), (b)(2)(ii), or
(b)(2)(iii) of this AD, in accordance with McDonnell Douglas DC-9
Alert Service Bulletin A56-15, Revision 2, dated November 9, 1993.
(i) A center and/or side windshield(s) that was not manufactured
by Pilkington Aerospace.
(ii) A center and/or side windshield(s) that has been
manufactured by Pilkington Aerospace, but recertified and re-
identified by Pilkington Aerospace.
(iii) A center and/or side windshield(s) that was manufactured
by Pilkington Aerospace after September 30, 1993.
(c) As of the effective date of this AD, no person shall install
on any airplane a center windshield, part number 5887275-501, or
side windshields, part numbers 5912290-501 and 5912290-502, that
have been manufactured by Pilkington Aerospace between February 1,
1992, and September 30, 1993, inclusive. Those windshields must be
recertified and re-identified by Pilkington Aerospace before use.
(d) 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.
(e) Special flight permits may be issued in accordance with
Federal Aviation Regulations (FAR) 21.197 and 21.199 to operate the
airplane to a location where the requirements of this AD can be
accomplished.
(f) The replacement shall be done in accordance with McDonnell
Douglas DC-8 Alert Service Bulletin A56-16, Revision 2, dated
December 13, 1993; or McDonnell Douglas DC-9 Alert Service Bulletin
A56-15, Revision 2, dated November 9, 1993; as applicable. 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 McDonnell Douglas Corporation, P.O.
Box 1771, Long Beach, California 90801-1771, Attention: Business
Unit Manager, Technical Administrative Support, Department L51, M.C.
2-98. 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, 3229 East Spring Street, Long Beach,
California; or at the Office of the Federal Register, 800 North
Capitol Street, NW., suite 700, Washington, DC.
(g) This amendment becomes effective on June 9, 1994.
Issued in Renton, Washington, on April 21, 1994.
S.R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 94-10116 Filed 5-9-94; 8:45 am]
BILLING CODE 4910-13-U
