[Federal Register Volume 61, Number 108 (Tuesday, June 4, 1996)]
[Rules and Regulations]
[Pages 28028-28029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13609]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 95-NM-188-AD; Amendment 39-9642; AD 96-11-18]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model DC-9-80 Series
Airplanes, and Model MD-88 and MD-90 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-9-80 series airplanes,
and Model MD-88 and MD-90 airplanes, that requires a one-time
measurement of the length of the oxygen mask lanyards of the passenger
service unit (PSU), and modification of lanyards that are longer than
the proper length. This amendment is prompted by a report that the
length of the oxygen mask lanyards of the PSU were found to be too
long, apparently due to improper installation during production. The
actions specified by this AD are intended to ensure that the length of
these oxygen mask lanyards is correct, so that the oxygen canister will
be properly activated when needed during an emergency.
DATES: Effective July 9, 1996.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of July 9, 1996.
ADDRESSES: The service information referenced in this AD may be
obtained from McDonnell Douglas Corporation, 3855 Lakewood Boulevard,
Long Beach, California 90846, Attention: Technical Publications
Business Administration, Department 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, Los Angeles Aircraft Certification Office,
Transport Airplane Directorate, 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: Walter Eierman, Aerospace Engineer,
Systems and Equipment Branch, ANM-130L, FAA, Los Angeles Aircraft
Certification Office, 3960 Paramount Boulevard, Lakewood, California
90712; telephone (310) 627-5336; fax (310) 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
DC-9-80 series airplanes, and Model MD-88 and MD-90 airplanes was
published in the Federal Register on February 12, 1996 (61 FR 5334).
That action proposed to require, for Model DC-9-80 series airplanes and
Model MD-88 airplanes, a one-time measurement of the length of the
oxygen mask lanyards of the PSU, and modification, if necessary. For
Model MD-90 airplanes, the action proposed to require modification of
the oxygen mask lanyards of the PSU.
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
Several commenters support the proposed rule.
Request To Extend Compliance Time
Two commenters request that the compliance time be extended from
the proposed 24 months to 36 months. One of these commenters states
that it would have to special schedule its fleet of airplanes in order
to accomplish the proposed measurement and modification within the
proposed compliance time; this would entail considerable additional
expenses and schedule disruptions.
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
practical aspect of completing the required modification within an
interval of time that parallels normal scheduled maintenance for the
majority of affected operators. However, under the provisions of
paragraph (c) of the final rule, the FAA may approve requests for
adjustments to the compliance time if data are submitted to
substantiate that such an adjustment would provide an acceptable level
of safety.
Request To Provide Time Frame of Improper Installation
One commenter maintains that the unsafe condition occurred because
correct procedures were not followed during aircraft production. In
light of this, the commenter requests that the proposal be revised to
provide a time frame during which the addressed problem occurred and
allow operators to inspect a sampling of airplanes produced during that
time to determine if the lanyard problem is present on those airplanes.
The FAA does not concur with the commenter's request. The FAA is
unable to determine the time frame during which the apparent improper
installation occurred because the manufacturing procedures that existed
during the production of all of the affected airplanes did not contain
provisions for monitoring the length of the lanyard. Therefore, all
airplanes listed in the applicability of the final rule may be subject
to the addressed unsafe condition.
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 as proposed.
Cost Impact
There are approximately 1,200 McDonnell Douglas Model DC-9-80
series airplanes, Model MD-88 airplanes, and Model MD-90 airplanes of
the affected design in the worldwide fleet. The FAA estimates that 650
airplanes of U.S. registry will be affected by this AD.
For airplanes on which inspection of the lanyard is required, it
will take approximately 81 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 required by
this AD on U.S. operators is estimated to be $4,860 per airplane.
For airplanes on which modification of the lanyard is required, it
will take approximately 121 work hours per airplane to accomplish the
required modification at an average labor rate of $60 per work hour.
Based on these figures, the cost impact of the
[[Page 28029]]
modification required by this AD on U.S. operators is estimated to be
$7,260 per airplane.
The 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.
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:
96-11-18 McDonnell Douglas: Amendment 39-9642. Docket 95-NM-188-AD.
Applicability: Model DC-9-80 series airplanes and Model MD-88
airplanes, having manufacturer's fuselage numbers 924 through 1094
inclusive, and 1095 through 2113 inclusive; and Model MD-90
airplanes, having manufacturer's fuselage numbers 2094 through 2098
inclusive, and 2100; 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 ensure that the length of the oxygen mask lanyards is
correct, so that the oxygen canister will be properly activated when
needed during an emergency, accomplish the following:
(a) For Model DC-9-80 series airplanes and Model MD-88
airplanes, having manufacturer's fuselage numbers 1095 through 2113
inclusive; and Model MD-90 airplanes: Within 2 years after the
effective date of this AD, perform a one-time measurement of the
length of the oxygen mask lanyards of the passenger service unit
(PSU) from the loop on the firing pin or aluminum ring to the mask,
in accordance with McDonnell Douglas Service Bulletin MD80-35-022,
dated August 29, 1995 (for Model DC-9-80 series airplanes and Model
MD-88 airplanes), or McDonnell Douglas Service Bulletin MD90-35-001,
dated August 29, 1995 (for Model MD-90 airplanes), as applicable.
(1) If the length of all oxygen mask lanyards is found to be
within the limits specified in the applicable service bulletin, no
further action is required by this paragraph.
(2) If the length of any oxygen mask lanyard is found to exceed
the limits specified in the applicable service bulletin, prior to
further flight, modify that oxygen mask lanyard of the PSU in
accordance with the applicable service bulletin.
(b) For Model DC-9-80 series airplanes having manufacturer's
fuselage numbers 924 through 1094 inclusive: Within 2 years after
the effective date of this AD, modify the oxygen mask lanyards of
the PSU in accordance with McDonnell Douglas Service Bulletin MD80-
35-022, dated August 29, 1995.
(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.
(e) The measurement and modification shall be done in accordance
with McDonnell Douglas Service Bulletin MD80-35-022, dated August
29, 1995 (for Model DC-9-80 series airplanes and Model MD-88
airplanes), or McDonnell Douglas Service Bulletin MD90-35-001, dated
August 29, 1995 (for Model MD-90 airplanes). 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, 3855 Lakewood
Boulevard, Long Beach, California 90846, Attention: Technical
Publications Business Administration, Department C1-L51 (2-60).
Copies may be inspected at the FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington; or at the FAA, Los
Angeles Aircraft Certification Office, Transport Airplane
Directorate, 3960 Paramount Boulevard, Lakewood, California; or at
the Office of the Federal Register, 800 North Capitol Street, NW.,
suite 700, Washington, DC.
(f) This amendment becomes effective on July 9, 1996.
Issued in Renton, Washington, on May 23, 1996.
John J. Hickey,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-13609 Filed 6-3-96; 8:45 am]
BILLING CODE 4910-13-U
