[Federal Register Volume 63, Number 171 (Thursday, September 3, 1998)]
[Rules and Regulations]
[Pages 46872-46873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23621]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-NM-255-AD; Amendment 39-10735; AD 98-18-19]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model MD-90-30 Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This amendment adopts a new airworthiness directive (AD) that
is applicable to certain McDonnell Douglas Model MD-90-30 series
airplanes. This action requires a one-time inspection of the actuator
attach bolts of the elevator load feel (ELF) located under the forward
cockpit floor, and corrective actions, if necessary. This amendment is
prompted by a report indicating that, during manufacture of an
airplane, an actuator attach bolt of the ELF was installed improperly.
The actions specified in this AD are intended to ensure that the
actuator attach bolts are installed properly. Improper installation of
such bolts could result in disconnection of the ELF mechanism, and
consequent loss of pitch control of the airplane.
DATES: Effective September 18, 1998.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of September 18, 1998.
Comments for inclusion in the Rules Docket must be received on or
before November 2, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 98-NM-255-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056.
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 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.
FOR FURTHER INFORMATION CONTACT: Brent Bandley, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Transport Airplane Directorate, Los
Angeles Aircraft Certification Office, 3960 Paramount Boulevard,
Lakewood, California 90712-4137; telephone (562) 627-5237; fax (562)
627-5210.
SUPPLEMENTARY INFORMATION: The FAA has received a report indicating
that, during a quality assurance inspection of the elevator load feel
(ELF) mechanism, an actuator attaching bolt was found installed
improperly on a McDonnell Douglas Model MD-90-30 series airplane. This
bolt was installed improperly during manufacture of the airplane. This
condition, if not corrected, could result in disconnection of the ELF
mechanism, and consequent loss of pitch control of the airplane.
Explanation of Relevant Service Information
The FAA has reviewed and approved McDonnell Douglas Alert Service
Bulletin MD90-27A032, dated June 22, 1998. The alert service bulletin
describes procedures for performing a one-time visual inspection of the
left and right actuator attach bolts of the ELF located under the
forward cockpit floor; and tightening the attachments or installing new
ELF attachments, if necessary.
Explanation of the Requirements of the Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design, this AD is
being issued to ensure that the actuator attach bolts of the ELF are
installed properly. Improper installation of the attach bolts could
result in disconnection of the ELF mechanism, and consequent loss of
pitch control of the airplane. The actions are required to be
accomplished in accordance with the alert service bulletin described
previously. The AD also requires that operators report results of
inspection findings to the FAA.
Determination of Rule's Effective Date
Since a situation exists that requires the immediate adoption of
this regulation, it is found that notice and opportunity for prior
public comment hereon are impracticable, and that good cause exists for
making this amendment effective in less than 30 days.
Comments Invited
Although this action is in the form of a final rule that involves
requirements affecting flight safety and, thus, was not preceded by
notice and an opportunity for public comment, comments are invited on
this rule. Interested persons are invited to comment on this 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 under the caption ADDRESSES. All
communications received on or before the closing date for comments will
be considered, and this rule may be amended in light of the comments
received. Factual information that
[[Page 46873]]
supports the commenter's ideas and suggestions is extremely helpful in
evaluating the effectiveness of the AD action and determining whether
additional rulemaking action would be needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the 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 that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 98-NM-255-AD.'' The postcard will be date stamped and
returned to the commenter.
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.
The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to correct an unsafe
condition in aircraft, and that it is not a ``significant regulatory
action'' under Executive Order 12866. It has been determined further
that this action involves an emergency regulation under DOT Regulatory
Policies and Procedures (44 FR 11034, February 26, 1979). If it is
determined that this emergency regulation otherwise would be
significant under DOT Regulatory Policies and Procedures, a final
regulatory evaluation will be prepared and placed in the Rules Docket.
A copy of it, if filed, 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:
98-18-19 McDonnell Douglas: Amendment 39-10735. Docket 98-NM-255-
AD.
Applicability: Model MD-90-30 series airplanes, as listed in
McDonnell Douglas MD-90 Alert Service Bulletin MD90-27A032, dated
June 22, 1998; 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 actuator attach bolts of the elevator load
feel (ELF) are installed properly, accomplish the following:
(a) Within 30 days after the effective date of this AD, perform
a visual inspection to determine if the left and right actuator
attach bolts of the ELF located under the cockpit floor are
installed properly, in accordance with McDonnell Douglas Alert
Service Bulletin MD90-27A032, dated June 22, 1998.
(1) If the ELF attachments are installed properly, no further
action is required by this AD.
(2) If the ELF attachments are not installed properly, prior to
further flight, tighten the attachments or install new ELF
attachments, in accordance with the alert service bulletin.
Tightening of attachments or installing new attachments constitutes
terminating action for this AD.
(b) Within 10 days after accomplishing the inspection required
by paragraph (a) of this AD, submit a report of the inspection
results (both positive and negative) to the Manager, Los Angeles
Aircraft Certification Office, FAA, Transport Airplane Directorate,
3960 Paramount Boulevard, Lakewood, California 90712; or fax to
(562) 627-5210. Information collection requirements contained in
this regulation have been approved by the Office of Management and
Budget (OMB) under the provisions of the Paperwork Reduction Act of
1980 (44 U.S.C. 3501 et seq.) and have been assigned OMB Control
Number 2120-0056.
(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) Except as provided by paragraph (b) of this AD, the actions
shall be done in accordance with McDonnell Douglas Alert Service
Bulletin MD90-27A032, dated June 22, 1998. 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 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.
(f) This amendment becomes effective on September 18, 1998.
Issued in Renton, Washington, on August 27, 1998.
Vi L. Lipski,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-23621 Filed 9-2-98; 8:45 am]
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