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[Federal Register: July 1, 2010 (Volume 75, Number 126)]
[Rules and Regulations]               
[Page 38017-38019]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy10-11]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0637; Directorate Identifier 2009-NM-062-AD; 
Amendment 39-16345; AD 2009-15-16]
RIN 2120-AA64

 
Airworthiness Directives; McDonnell Douglas Corporation Model DC-
9-10 Series Airplanes, DC-9-30 Series Airplanes, DC-9-81 (MD-81) 
Airplanes, DC-9-82 (MD-82) Airplanes, DC-9-83 (MD-83) Airplanes, DC-9-
87 (MD-87) Airplanes, MD-88 Airplanes, and MD-90-30 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: This document publishes in the Federal Register an amendment 
adopting airworthiness directive (AD) 2009-15-16 that was sent 
previously to all known U.S. owners and operators of the McDonnell 
Douglas Corporation airplanes identified above by individual notices. 
This AD requires modifying the flight deck door. This AD is prompted by 
a report indicating that certain equipment of the flight deck door is 
defective. We are issuing this AD to prevent failure of this equipment, 
which could jeopardize flight safety.

DATES: This AD becomes effective July 6, 2010 to all persons except 
those persons to whom it was made immediately effective by AD 2009-15-
16, which contained the requirements of this amendment.
    The Director of the Federal Register approved the incorporation by 
reference

[[Page 38018]]

of a certain publication listed in the AD as of July 6, 2010.
    We must receive comments on this AD by August 16, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact TIMCO 
Aerosystems, 815 Radar Road, Greensboro, NC 27410-6221; telephone 336-
668-4410, extension 3063; fax 336-662-8330; Internet: http://www.timco.aero.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Linda Haynes, Aerospace Engineer, 
COS--Certificate Management Branch, ACE-102A, FAA, Atlanta Aircraft 
Certification Office, 1701 Columbia Avenue, College Park, GA 30337; 
telephone 404-474-5525; fax 404-474-5606.

SUPPLEMENTARY INFORMATION: On July 15, 2009, we issued AD 2009-15-16, 
which applies to all McDonnell Douglas Model DC-9-10 series airplanes, 
DC-9-30 series airplanes, DC-9-81 (MD-81) airplanes, DC-9-82 (MD-82) 
airplanes, DC-9-83 (MD-83) airplanes, DC-9-87 (MD-87) airplanes, MD-88 
airplanes, and MD-90-30 airplanes.

Background

    We have received a report indicating that certain equipment of the 
flight deck door is defective. This condition, if not corrected, could 
result in failure of the equipment, which could jeopardize flight 
safety.

Relevant Service Information

    We reviewed TIMCO Service Bulletin TSB-88-52-045, Revision E, dated 
November 6, 2008. The service bulletin describes procedures for 
correcting the defect in the flight deck door.

FAA's Determination and Requirements of This AD

    Since the unsafe condition described is likely to exist or develop 
on other airplanes of the same type design, we issued AD 2009-15-16 to 
prevent failure of certain equipment of the flight deck door, which 
could jeopardize flight safety. The AD requires accomplishing the 
actions specified in the service information previously described.
    We have determined that notice and opportunity for prior public 
comment on AD 2009-15-16 were contrary to the public interest, and good 
cause existed to make the AD effective immediately by individual 
notices issued on July 15, 2009, to all known U.S. owners and operators 
of McDonnell Douglas Model DC-9-10 series airplanes, DC-9-30 series 
airplanes, DC-9-81 (MD-81) airplanes, DC-9-82 (MD-82) airplanes, DC-9-
83 (MD-83) airplanes, DC-9-87 (MD-87) airplanes, MD-88 airplanes, and 
MD-90-30 airplanes. These conditions still exist, and the AD is hereby 
published in the Federal Register as an amendment to section 39.13 of 
the Federal Aviation Regulations (14 CFR 39.13) to make it effective to 
all persons.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments before it becomes effective. However, we invite 
you to send any written data, views, or arguments about this AD. Send 
your comments to an address listed under the ADDRESSES section. Include 
``Docket No. FAA-2010-0637; Directorate Identifier 2009-NM-062-AD'' at 
the beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of this 
AD. We will consider all comments received by the closing date and may 
amend this AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect 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.
    For the reasons discussed above, I certify that this AD:
    (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.
    You can find our regulatory evaluation and the estimated costs of 
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

[[Page 38019]]

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

AD 2009-15-16 McDonnell Douglas Corporation: Amendment 39-16345. 
Docket No. FAA-2010-0637; Directorate Identifier 2009-NM-062-AD.

Effective Date

    (a) This AD becomes effective July 6, 2010, to all persons 
except those persons to whom it was made immediately effective by AD 
2009-15-16, issued on July 15, 2009, which contained the 
requirements of this amendment.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all McDonnell Douglas Corporation Model 
DC-9-11, DC-9-12, DC-9-13, DC-9-14, DC-9-15, and DC-9-15F airplanes, 
Model DC-9-31, DC-9-32, DC-9-32 (VC-9C), DC-9-32F, DC-9-33F, DC-9-
34, DC-9-34F, and DC-9-32F (C-9A, C-9B) airplanes, DC-9-81 (MD-81) 
airplanes, DC-9-82 (MD-82) airplanes, DC-9-83 (MD-83) airplanes, DC-
9-87 (MD-87) airplanes, MD-88 airplanes, and MD-90-30 airplanes; 
certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 52: Doors.

Unsafe Condition

    (e) This AD results from a report indicating that the current 
design of certain equipment of the flight deck door is defective. We 
are issuing this AD to prevent the failure of this equipment, which 
could jeopardize flight safety.

Compliance

    (f) Comply with this AD within the compliance times specified, 
unless already done.

Installation

    (g) Within 30 days after the effective date of this AD, modify 
the flight deck door, in accordance with TIMCO Service Bulletin TSB-
88-52-045, Revision E, dated November 6, 2008.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, Atlanta Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19. Send information to 
ATTN: Linda Haynes, Aerospace Engineer, COS--Certificate Management 
Branch, ACE-102A, FAA, Atlanta Aircraft Certification Office, 1701 
Columbia Avenue, College Park, GA 30337; telephone 404-474-5525; fax 
404-474-5606.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically refer to this AD.

Material Incorporated by Reference

    (i) You must use TIMCO Service Bulletin TSB-88-52-045, Revision 
E, dated November 6, 2008, to do the actions required by this AD, 
unless the AD specifies otherwise. (The revision date of this 
document is identified only on the title page and page I of the 
document; no other page of the document contains this information.)
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact TIMCO 
Aerosystems, 815 Radar Road, Greensboro, NC 27410-6221; telephone 
336-668-4410, extension 3063; fax 336-662-8330; Internet: http://www.timco.aero.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221.
    (4) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on June 18, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-15656 Filed 6-30-10; 8:45 am]
BILLING CODE 4910-13-P
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