[Federal Register Volume 62, Number 178 (Monday, September 15, 1997)]
[Proposed Rules]
[Pages 48189-48190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24340]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-132-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-10, -20, -
30, and -40, and C-9 (Military) Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to all McDonnell Douglas Model DC-9-
10, -20, -30, and -40, and C-9 (military) series airplanes. This 
proposal would require modifying the piping of the potable water 
system. This proposal 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 the proposed 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: Comments must be received by October 27, 1997.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 97-NM-132-AD, 1601 Lind Avenue SW, Renton, 
Washington 98055-4056. Comments may be inspected at this location 
between 9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal 
holidays.
    The service information referenced in the proposed rule may be 
obtained from The Boeing Company, Douglas Products Division, 3855 
Lakewood Boulevard, Long Beach, California 90846, Attention: Technical 
Publications Business Administration, Department 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.

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; telephone (562) 627-5346; fax 
(562) 627-5210.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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 above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed 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 summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 97-NM-132-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-103, Attention: Rules 
Docket No. 97-NM-132-AD, 1601 Lind Avenue SW, Renton, Washington 98055-
4056.

Discussion

    The FAA received numerous reports, including one from January 1997, 
indicating that, during flight, ice formed on the control cables in the 
wheel well of the left main landing gear on McDonnell Douglas Model DC-
9 series airplanes. The cause of the ice formation was attributed to 
the freezing and rupturing of an undrained potable water pipe. This 
condition, if not corrected, could render the slat, aileron, and 
spoiler flight controls inoperative, which could result in reduced 
controllability of the airplane.

Explanation of Relevant Service Information

    The FAA has reviewed and approved McDonnell Douglas DC-9 Service 
Bulletin 38-27, Revision 1, dated May 16, 1978, which describes 
procedures for modifying the piping of the potable water system. The 
modification involves replacing the pipe assemblies of the pressurized 
potable water system with a hose assembly, and installing a metal 
shroud over the hose assembly. Accomplishment of the modification will 
divert water leakage into the cargo compartment drain system.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other products of this same type design, the 
proposed AD would require modifying the piping of the potable water 
system. The actions would be required to be accomplished in accordance 
with the service bulletin described previously.

[[Page 48190]]

Cost Impact

    There are approximately 570 McDonnell Douglas Model DC-9-10, -20, -
30, and -40, and C-9 (military) series airplanes of the affected design 
in the worldwide fleet. The FAA estimates that 316 airplanes of U.S. 
registry would be affected by this proposed AD, that it would take 
approximately 20 work hours per airplane to accomplish the proposed 
actions, and that the average labor rate is $60 per work hour. Required 
parts would cost approximately $4,000 per airplane. Based on these 
figures, the cost impact of the proposed AD on U.S. operators is 
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 proposed herein would 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 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this proposed 
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) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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:

McDonnell Douglas: Docket 97-NM-132-AD.

    Applicability: All Model DC-9-10, -20, -30, and -40, and C-9 
(military) series airplanes, 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 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) 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) 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.

    Issued in Renton, Washington, on September 9, 1997.
James V. Devany,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-24340 Filed 9-12-97; 8:45 am]
BILLING CODE 4910-13-U