[Federal Register Volume 63, Number 208 (Wednesday, October 28, 1998)]
[Rules and Regulations]
[Pages 57579-57580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28664]
[[Page 57579]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-NM-132-AD; Amendment 39-10860; AD 98-22-13]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model DC-9-10, -20, -
30, and -40 Series 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-9-10, -20, -30, and -
40 series airplanes; and certain C-9 (military) series airplanes. This
amendment requires modifying the piping of the potable water system.
This amendment is prompted by reports of ice forming on the control
cables in the wheel well of the left main landing gear due to the
freezing and rupturing of undrained potable water pipes. The actions
specified by this AD are intended to prevent such ice formation, which
could render the slat, aileron, and spoiler flight controls
inoperative, and consequently could result in reduced controllability
of the airplane.
DATES: Effective December 2, 1998.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of December 2, 1998.
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: Albert Lam, Aerospace Engineer,
Systems and Equipment Branch, ANM-130L, FAA, Transport Airplane
Directorate, Los Angeles Aircraft Certification Office, 3960 Paramount
Boulevard, Lakewood, California 90712-4137; telephone (562) 627-5346;
fax (562) 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 all McDonnell Douglas Model DC-9-
10, -20, -30, and -40 series airplanes; and all C-9 (military) series
airplanes; was published in the Federal Register on September 15, 1997
(62 FR 48189). That action proposed to require modifying the piping of
the potable water system.
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
One commenter supports the proposed rule.
Request To Revise Applicability
One commenter requests that the applicability of the proposed AD be
revised. The commenter states that the AD should exclude airplanes on
which the pressurized potable water system has been deactivated. In
support of this request, the commenter states that airplanes that do
not use a pressurized potable water system do not have exposure to the
unsafe condition identified in the proposed AD. The commenter adds that
the effectivity of McDonnell Douglas DC-9 Service Bulletin 38-27,
Revision 1, dated May 16, 1978, which is referenced as the appropriate
source of service information in the proposed AD, is limited to
airplanes incorporating a pressurized potable water system.
The FAA concurs partially, acknowledging that some operators may
have deactivated an affected potable water system or may be using a
gravity feed system installed on top of the lavatory. However, the
intent of this AD is to prevent freezing water from forming ice on the
control cable in the wheel well due to water line breakage over the
center wing box area. Therefore, this AD applies to airplanes on which
potable water piping systems (either pressurized or unpressurized) are
installed over the center wing box area. The applicability of the final
rule has been revised accordingly.
Although modification of the potable water system is required only
for airplanes having activated systems, the FAA has determined that the
applicability cannot exclude airplanes on which the system has been
deactivated, in the event a deactivated system may be subsequently
reactivated. However, the final rule has been revised to add a new
paragraph (b) to clarify that airplanes are exempt from the
modification requirement for any period during which the system is
deactivated.
Request To Revise Specifications of Modification Requirement
One commenter requests that the proposed AD be revised to allow the
use of parts other than those specified in the AD. Specifically, the
commenter requests that the proposed AD additionally allow the use of
hardware that is structurally equivalent to that specified in McDonnell
Douglas DC-9 Service Bulletin 38-27, Revision 1, dated May 16, 1978
(the source of service information cited in this AD for accomplishment
of the required actions). Further, the commenter requests that the
proposed AD allow the use of 1.5-inch-diameter ABS pipe as an
alternative to the currently required 1.25-inch-diameter aluminum tube
for the shroud. The commenter states that, on some of its airplanes, it
already has installed a shroud and hardware that are ``equivalent'' to
the parts specified by the proposed AD, although the part numbers are
different.
The FAA does not concur with the commenter's request. The FAA
considers it inappropriate to include in an AD various provisions that
are applicable to a single operator's unique use of affected airplanes.
However, paragraph (c) of this AD contains a provision for requesting
approval of an alternative method of compliance to address these types
of unique circumstances.
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 with the changes previously
described. The FAA has determined that these changes will neither
increase the economic burden on any operator nor increase the scope of
the AD.
Cost Impact
There are approximately 570 airplanes of the affected design in the
worldwide fleet. The FAA estimates that 316 airplanes of U.S. registry
will be affected by this AD, that it will take approximately 20 work
hours per airplane to accomplish the required actions, and that the
average labor rate is $60 per work hour. Required parts will cost
approximately $4,000 per airplane. Based on these figures, the cost
impact of the AD on U.S. operators is
[[Page 57580]]
estimated to be $1,643,200, or $5,200 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. However, the FAA has been advised
that 219 U.S.-registered airplanes are in compliance in accordance with
the requirements of this AD. Therefore, the future economic cost impact
of this rule on U.S. operators is now $504,400.
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:
98-22-13 McDonnell Douglas: Amendment 39-10860. Docket 97-NM-132-
AD.
Applicability: Model DC-9-10, -20, -30, and -40 series
airplanes, and C-9 (military) series airplanes; having a pressurized
or unpressurized potable water piping system installed over the
center wing box; 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 prevent ice from forming on the control cables in the wheel
well of the left main landing gear, which could render the slat,
aileron, and spoiler flight controls inoperative, and consequently
could result in reduced controllability of the airplane, accomplish
the following:
(a) Except as provided by paragraph (b) of this AD: Within 18
months after the effective date of this AD, modify the piping of the
potable water system in accordance with McDonnell Douglas DC-9
Service Bulletin 38-27, Revision 1, dated May 16, 1978.
(b) For any period during which the potable water piping system
is deactivated, the actions specified in paragraph (a) of this AD
are not required.
(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 actions shall be done in accordance with McDonnell
Douglas Service Bulletin 38-27, Revision 1, dated May 16, 1978. 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 ACO, 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 December 2, 1998.
Issued in Renton, Washington, on October 21, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-28664 Filed 10-27-98; 8:45 am]
BILLING CODE 4910-13-U