Airworthiness Directives; McDonnell Douglas Model DC-9 and Model DC-9-80 Series Airplanes, Model MD-88 Airplanes, and C-9 (Military) Series Airplanes

[Federal Register Volume 61, Number 100 (Wednesday, May 22, 1996)]
[Rules and Regulations]
[Pages 25557-25558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12600]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95-NM-185-AD; Amendment 39-9629; AD 96-11-04]
RIN 2120-AA64


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: Final rule.

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SUMMARY: This amendment adopts a new 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 requires modification of the slant panel insulation 
blankets on the slant pressure panel of the main landing gear. The 
amendment also requires a visual inspection to detect discrepancies of 
the left and right seal assemblies of the overwing emergency exit door, 
and replacement of any discrepant door seal. This amendment is prompted 
by a report that the flaps and landing gear did not extend or retract 
properly due to water accumulation in the slant pressure panel area. 
The actions specified by this AD are intended to prevent such water 
accumulation, which could result in the failure of the flaps or landing 
gear to properly extend or retract.

DATES: Effective June 26, 1996.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of June 26, 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: Brent Bandley, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712; telephone 
(310) 627-5237; 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 and Model DC-9-80 series airplanes, Model MD-88 airplanes, and C-9 
(military) series airplanes was published in the Federal Register on 
January 31, 1996 (61 FR 3341). That action proposed to require 
modification of the slant panel insulation blankets on the slant 
pressure panel of the main landing gear. That action also proposed to 
require a visual inspection to detect discrepancies of the left and 
right seal assemblies of the overwing emergency exit door, and 
replacement of the discrepant door seal.
    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

    Two commenters support the proposed rule.

Requests to Extend the Compliance Time

    Several commenters request that the compliance time for 
accomplishment of the modification be extended from the proposed 24 
months. These commenters request an extension to as much as 36 months, 
which will allow the modification to be accomplished during a regularly 
scheduled heavy maintenance check when the airplanes are brought to 
main base for an extended hold. Two of these commenters state that they 
would have to special schedule their fleet in order to accomplish the 
modification within the proposed compliance time; this would entail 
considerable additional expenses.
    After consideration of all the available information, the FAA 
cannot conclude that an extension of the proposed compliance time is 
warranted. 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 accomplishing the required 
modification within an interval of time that parallels normal scheduled 
maintenance for the majority of affected operators. Further, the 
proposed compliance time of 24 months was arrived at initially with the 
concurrence of affected operators, the manufacturer, and the FAA. In 
light of this, and in consideration of the amount of time that has 
already elapsed since issuance of the original notice, the FAA has 
determined that further delay of accomplishment of the requirements of 
this final rule is not appropriate. However, under the provisions of 
paragraph (b) 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.

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 1,500 McDonnell Douglas 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

[[Page 25558]]

the worldwide fleet. The FAA estimates that 1,000 airplanes of U.S. 
registry will be affected by this AD, that it will take approximately 8 
work hours per airplane to accomplish the required actions, and that 
the average labor rate is $60 per work hour. Based on these figures, 
the cost impact of the AD on U.S. operators is estimated to be 
$480,000, or $480 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 USC 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

96-11-04  McDonnell Douglas: Amendment 39-9629. Docket 95-NM-185-AD.

    Applicability: Model DC-9-10, -20, -30, -40, and -50 series 
airplanes; Model DC-9-81 (MD-81), -82 (MD-82), -83 (MD-83), -87 (MD-
87) series airplanes; Model MD-88 airplanes; and C-9 (military) 
series airplanes; as listed in McDonnell Douglas Service Bulletin 
DC9-53-268, dated August 11, 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 
otherwise 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 water accumulation in the slant pressure panel area, 
which could result in the failure of the flaps or landing gear to 
properly extend or retract, accomplish the following:
    (a) Within 24 months after the effective date of this AD, 
accomplish paragraphs (a)(1) and (a)(2) of this AD, in accordance 
with McDonnell Douglas Service Bulletin DC9-53-268, dated August 11, 
1995.
    (1) Modify the slant panel insulation blankets on the slant 
pressure panel of the main landing gear.
    (2) Perform a visual inspection to detect discrepancies (i.e., 
defects and constant gap) of the left and right seal assemblies of 
the overwing emergency exit door. If any discrepancy is detected, 
prior to further flight, replace door seal 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 modification, inspection, and replacement shall be done 
in accordance with McDonnell Douglas Service Bulletin DC9-53-268, 
dated August 11, 1995. 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.
    (e) This amendment becomes effective on June 26, 1996.

    Issued in Renton, Washington, on May 14, 1996.
S.R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-12600 Filed 5-21-96; 8:45 am]
BILLING CODE 4910-13-U

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