```

[Federal Register: August 5, 2010 (Volume 75, Number 150)]
[Rules and Regulations]               
[Page 47199-47201]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05au10-10]                         

[[Page 47199]]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0702; Directorate Identifier 2010-NM-144-AD; 
Amendment 39-16380; AD 2009-15-16 R1]
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, Equipped 
With Flight Deck Doors Installed in Accordance With Supplemental Type 
Certificate ST02463AT

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

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The FAA is revising an existing airworthiness directive (AD), 
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. That AD currently requires modifying 
the flight deck door. This AD revises the applicability by removing 
certain airplanes. This AD was 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 is effective August 5, 2010, to all persons except those 
persons to whom it was made immediately effective by AD 2009-15-16, 
issued July 15, 2009, which contained the requirements of this 
amendment.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of August 5, 
2010.
    On July 6, 2010 (75 FR 38017, July 1, 2010), the Director of the 
Federal Register approved the incorporation by reference of a certain 
other publication listed in the AD.
    We must receive any comments on this AD by September 20, 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 
Aviation Services, 623 Radar Road, Greensboro, North Carolina 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:

Discussion

    On June 18, 2010, we issued AD 2009-15-16, Amendment 39-16345 (75 
FR 38017, July 1, 2010). That AD applies to all 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. That AD requires modifying the flight deck door. That AD was 
prompted by a report indicating that certain equipment of the flight 
deck door is defective. The actions specified in that AD are intended 
to prevent failure of this equipment, which could jeopardize flight 
safety.

Actions Since AD Was Issued

    Since we issued that AD, we have learned that certain airplanes 
were incorrectly included in the applicability. The only airplanes 
subject to the identified unsafe condition are those equipped with 
flight deck doors installed in accordance with Supplemental Type 
Certificate (STC) ST02463AT.

Relevant Service Information

    AD 2009-15-16 referred to TIMCO Service Bulletin TSB-88-52-045, 
Revision E, dated November 6, 2008, as the appropriate source of 
service information for the required modification. TIMCO has since 
revised the service bulletin. Revision G, dated December 8, 2009, 
changes Part II., ``Approval Basis,'' by referring to STC ST02463AT. 
The procedures specified in Revision G of this service bulletin are 
unchanged from those in Revision E.

FAA's Determination and Requirements of this AD

    The unsafe condition described previously is likely to exist or 
develop on other airplanes of these same type designs. For this reason, 
we are issuing this AD to revise AD 2009-15-16. This new AD retains the 
requirements of the existing AD, and includes the following changes:
     This new AD revises the applicability by removing 
airplanes that do not have flight deck doors installed in accordance 
with STC ST02463AT.
     This new AD also refers to TIMCO Service Bulletin TSB-88-
52-045, Revision G, dated December 8, 2009, as the appropriate source 
of service information for the required modification.
     This new AD adds new paragraph (h) in this AD to give 
credit for actions done before the effective date in accordance with 
TIMCO Service Bulletin TSB-88-52-045, Revision F, dated November 2, 
2009.

FAA's Justification and Determination of the Effective Date

    Certain defective equipment of the flight deck door could result in 
failure of the equipment and jeopardize flight safety. Because of our 
requirement to promote safe flight of civil aircraft and thus the 
critical need to ensure the proper functioning of the flight crew door, 
as well as the short compliance time involved with this action and the 
need to advise operators of the reduced applicability, this AD must be 
issued immediately.
    Because an unsafe condition exists that requires the immediate 
adoption of this AD, we find 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.

[[Page 47200]]

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-2010-0702; Directorate Identifier 2010-NM-144-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

    We have determined that 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 the regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

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 part 39 of the Federal Aviation Regulations (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.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Amendment 39-16345 (75 FR 
38017, July 1, 2010) and adding the following new AD:

2009-15-16 R1 McDonnell Douglas Corporation: Amendment 39-16380. 
Docket No. FAA-2010-0702; Directorate Identifier 2010-NM-144-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective August 5, 
2010, to all persons except those persons to whom it was made 
immediately effective by AD 2009-15-16, issued July 15, 2009, which 
contained the requirements of this amendment.

Affected ADs

    (b) This AD revises AD 2009-15-16, Amendment 39-16345.

Applicability

    (c) This AD applies to 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, Model DC-9-81 
(MD-81) airplanes, Model DC-9-82 (MD-82) airplanes, Model DC-9-83 
(MD-83) airplanes, Model DC-9-87 (MD-87) airplanes, Model MD-88 
airplanes, and Model MD-90-30 airplanes; certificated in any 
category; equipped with flight deck doors installed in accordance 
with Supplemental Type Certificate ST02463AT.

Subject

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

Unsafe Condition

    (e) This AD was prompted by a report indicating that the current 
design of certain equipment of the flight deck door is defective. 
The Federal Aviation Administration is issuing this AD to prevent 
the failure of this equipment, which could jeopardize flight safety.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Installation

    (g) Within 30 days after July 6, 2010 (the effective date of AD 
2009-15-16), modify the flight deck door, in accordance with TIMCO 
Service Bulletin TSB-88-52-045, Revision E, dated November 6, 2008; 
or Revision G, dated December 8, 2009.

Actions Accomplished According to Previous Issue of Service Bulletin

    (h) Modification of the flight deck door before the effective 
date of this AD in accordance with TIMCO Service Bulletin TSB-88-52-
045, Revision F, dated November 2, 2009, is acceptable for 
compliance with the corresponding requirements of this AD.

Alternative Methods of Compliance (AMOCs)

    (i)(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.
    (3) AMOCS previously in accordance with AD 2009-15-16, amendment 
39-16345, are approved as AMOCs for the corresponding provisions of 
this AD.

Material Incorporated by Reference

    (j) You must use TIMCO Service Bulletin TSB-88-52-045, Revision 
E, dated November 6, 2008; or TIMCO Service Bulletin TSB-88-52-045, 
Revision G, dated December 8, 2009; to do the actions required by 
this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of TIMCO Service Bulletin TSB-88-52-045,

[[Page 47201]]

Revision G, dated December 8, 2009, under 5 U.S.C. 552(a) and 1 CFR 
part 51.
    (2) The Director of the Federal Register previously approved the 
incorporation by reference of TIMCO Service Bulletin TSB-88-52-045, 
Revision E, dated November 6, 2008, on July 6, 2010 (75 FR 38017, 
July 1, 2010).
    (3) For service information identified in this AD, contact TIMCO 
Aviation Services, 815 Radar Road, Greensboro, North Carolina 27410-
6221; telephone 336-668-4410, extension 3063; fax 336-662-8330; 
Internet: http://www.timco.aero.
    (4) 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.
    (5) 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 July 16, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-18620 Filed 8-4-10; 8:45 am]
BILLING CODE 4910-13-P
```