[Federal Register Volume 63, Number 139 (Tuesday, July 21, 1998)]
[Rules and Regulations]
[Pages 39016-39018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19045]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-NM-105-AD; Amendment 39-10666; AD 98-15-15]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model DC-9, DC-9-80,
and C-9 (Military) Series Airplanes, and Model MD-88 Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment supersedes an existing airworthiness directive
(AD), applicable to certain McDonnell Douglas Model DC-9, DC-9-80, and
C-9 (military) series airplanes, and Model MD-88 airplanes, that
currently requires an inspection to detect chafing on the FIREX pipe
assembly of the number one engine; and either repair of chafed pipe
assemblies or replacement of the chafed pipe assemblies with new pipe
assemblies; and modification of the FIREX and the pneumatic sense pipe
assembly clamp marriage. This amendment revises the applicability of
the existing AD to include additional airplanes and remove others. This
amendment is prompted by reports of incidents in which the pneumatic
sense pipe chafed against the FIREX supply pipe of the number one
engine. The actions specified by this AD are intended to prevent
chafing of the FIREX supply pipe, which could result in a hole in the
pipe and consequently prevent the proper distribution of the fire
extinguishing agent within the nacelle in the event of a fire.
DATES: Effective August 25, 1998.
The incorporation by reference of McDonnell Douglas DC-9 Service
Bulletin 26-25, dated May 25, 1994; McDonnell Douglas Service Bulletin
DC9-26-025, Revision 03, dated July 25, 1996; McDonnell Douglas Service
Bulletin DC9-26-025, Revision 04, dated April 30, 1997; and McDonnell
Douglas Service Bulletin DC9-26-025, Revision 05, dated May 29, 1998;
as listed in the regulations, is approved by the Director of the
Federal Register as of August 25, 1998.
The incorporation by reference of McDonnell Douglas DC-9 Service
Bulletin 26-25, Revision 1, dated September 30, 1994; and McDonnell
Douglas DC-9 Service Bulletin 26-25, Revision 2, dated April 18, 1995;
was approved previously by the Director of the Federal Register as of
July 24, 1995 (60 FR 32579, June 23, 1995).
ADDRESSES: The service information referenced in this AD 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 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, 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: Robert Baitoo, Aerospace Engineer,
Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard,
[[Page 39017]]
Lakewood, California 90712; telephone (562) 627-5245; fax (562) 627-
5210.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) by superseding AD 95-12-25,
amendment 39-9278 (60 FR 32579, June 23, 1995), which is applicable to
certain McDonnell Douglas Model DC-9, DC-9-80, and C-9 (military)
series airplanes, and Model MD-88 airplanes, was published in the
Federal Register on January 5, 1998 (63 FR 174). The action proposed to
continue to require an inspection to detect chafing on the FIREX pipe
assembly of the number one engine; and either repair of chafed pipe
assemblies or replacement of the chafed pipe assemblies with new pipe
assemblies; and modification of the FIREX and the pneumatic sense pipe
assembly clamp marriage.
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the single comment received.
The commenter supports the proposed rule.
Explanation of Changes to This Final Rule
Since the issuance of the proposal, the FAA has reviewed and
approved McDonnell Douglas Service Bulletin DC9-26-025, Revision 05,
dated May 29, 1998. This revision is essentially the same as McDonnell
Douglas Service Bulletin DC9-26-025, Revision 04, dated April 30, 1997;
however, minor edits have been incorporated. The FAA has revised this
final rule to reference Revision 05 as an additional source of service
information for accomplishment of the required actions.
Conclusion
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 with the change previously
described. The FAA has determined that this change will neither
increase the economic burden on any operator nor increase the scope of
the AD.
Cost Impact
There are approximately 1,691 McDonnell Douglas Model DC-9, DC-9-
80, and C-9 (military) series airplanes, and Model MD-88 airplanes of
the affected design in the worldwide fleet. The FAA estimates that 834
airplanes of U.S. registry will be affected by this AD.
The actions that are currently required by AD 95-12-25, and
retained in this AD, take approximately 1 work hour per airplane to
accomplish, at an average labor rate of $60 per work hour. The cost of
required parts will be nominal. Based on these figures, the cost impact
of the currently required actions on U.S. operators is estimated to be
$50,040, or $60 per airplane.
The cost impact figure discussed above is 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 removing amendment 39-9278 (60 FR
32579, June 23, 1995), and by adding a new airworthiness directive
(AD), amendment 39-10666, to read as follows:
98-15-15 McDonnell Douglas: Amendment 39-10666. Docket 97-NM-105-
AD. Supersedes AD 95-12-25, Amendment 39-9278.
Applicability: Model DC-9-30, -40, and -50 series airplanes;
Model 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
DC9-26-025, Revision 04, dated April 30, 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 chafing of the FIREX supply pipe, which could result
in a hole in the pipe and consequently prevent the proper
distribution of the fire extinguishing agent within the nacelle in
the event of a fire, accomplish the following:
(a) Within 8 months after the effective date of this AD, perform
an inspection to detect chafing of the FIREX pipe assembly of the
number one engine, in accordance with McDonnell Douglas DC-9 Service
Bulletin 26-25, dated May 25, 1994; McDonnell Douglas DC-9 Service
Bulletin 26-25, Revision 1, dated September 30, 1994; McDonnell
Douglas DC-9 Service Bulletin 26-25, Revision 2, dated April 18,
1995; McDonnell Douglas Service Bulletin DC9-26-025, Revision 03,
dated July 25, 1996; McDonnell Douglas Service Bulletin DC9-26-025,
Revision 04, dated April 30, 1997; or McDonnell Douglas Service
Bulletin DC9-26-025, Revision 05, dated May 29, 1998.
(1) If any chafing is detected, prior to further flight,
accomplish paragraphs (a)(1)(i) and (a)(1)(ii) of this AD in
accordance with the service bulletin. Where there are differences
between the requirements of this AD and the procedures specified in
the service bulletin, the AD prevails.
(i) Either repair chafed pipe assemblies or replace chafed pipe
assemblies with new or serviceable pipe assemblies. And
(ii) Modify the FIREX and the pneumatic sense pipe assembly
clamp marriage.
(2) If no chafing is detected, prior to further flight, modify
the FIREX and the pneumatic
[[Page 39018]]
sense pipe assembly clamp marriage in accordance with the service
bulletin.
(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 2: 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.
(d) The actions shall be done in accordance with McDonnell
Douglas DC-9 Service Bulletin 26-25, dated May 25, 1994; McDonnell
Douglas DC-9 Service Bulletin 26-25, Revision 1, dated September 30,
1994; McDonnell Douglas DC-9 Service Bulletin 26-25, Revision 2,
dated April 18, 1995; McDonnell Douglas Service Bulletin DC9-26-025,
Revision 03, dated July 25, 1996; McDonnell Douglas Service Bulletin
DC9-26-025, Revision 04, dated April 30, 1997; or McDonnell Douglas
Service Bulletin DC9-26-025, Revision 05, dated May 29, 1998.
(1) The incorporation by reference of McDonnell Douglas DC-9
Service Bulletin 26-25, dated May 25, 1994; McDonnell Douglas
Service Bulletin DC9-26-025, Revision 03, dated July 25, 1996; and
McDonnell Douglas Service Bulletin DC9-26-025, Revision 04, dated
April 30, 1997; and McDonnell Douglas Service Bulletin DC9-26-025,
Revision 05, dated May 29, 1998; is approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51.
(2) The incorporation by reference of McDonnell Douglas DC-9
Service Bulletin 26-25, Revision 1, dated September 30, 1994; and
McDonnell Douglas DC-9 Service Bulletin 26-25, Revision 2, dated
April 18, 1995; was approved previously by the Director of the
Federal Register as of July 24, 1995 (60 FR 32579, June 23, 1995).
(3) Copies 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). 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, 3960 Paramount Boulevard, Lakewood,
California; or at the Office of the Federal Register, 800 North
Capitol Street, NW., suite 700, Washington, DC.
(e) This amendment becomes effective on August 25, 1998.
Issued in Renton, Washington, on July 10, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-19045 Filed 7-20-98; 8:45 am]
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