Federal Register / Vol. 63, No. 82 /Wednesday, April 29, 1998 /Rules and Regulations 23379

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–NM–199–AD; Amendment

39–10500; AD 98–09–19]

RIN 2120–AA64

Airworthiness Directives; McDonnell

Douglas Model DC–9, DC–9–80, and C–

9 (Military) Series Airplanes, and Model

MD–88 Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain McDonnell

Douglas Model DC–9, DC–9–80, and C–

9 (military) series airplanes, and Model

MD–88 airplanes, that requires

modification of certain non-regulating

shutoff valves on the engine starter, or

installation of a pressure relief valve in

the pneumatic supply line to the starter

air shutoff valve on engines 1 and 2.

This amendment is prompted by reports

of uncontained failures of engine

starters during flight and maintenance,

which resulted from the application of

excessive pressure on the engine starter

that was associated with the installation

of non-regulating shutoff valves on the

starter. The actions specified by this AD

are intended to prevent such

uncontained failures of the engine

starters, which could create a fire hazard

in the engine nacelle.

DATES: Effective June 3, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of June 3,

1998.

ADDRESSES: The service information

referenced in this AD may be obtained

from AlliedSignal Fluid Systems,

Technical Publications Department,

Building 1230–V, Mail Stop 65–92, P.O.

Box 22200, Tempe, Arizona 85285–

2200. 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:

Robert Baitoo, Aerospace Engineer,

Propulsion Branch, ANM–140L, FAA,

Los Angeles Aircraft Certification

Office, 3960 Paramount Boulevard,

Lakewood, California 90712; telephone

(562) 627–5245; 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 certain McDonnell

Douglas Model DC–9, DC–9–80, and C–

9 (military) series airplanes, and Model

MD–88 airplanes, was published in the

Federal Register on October 23, 1996

(61 FR 54961). That action proposed to

require modification of certain

converted or first production nonregulating shutoff valves on the engine

starter.

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 AD.

Request to Allow Installation of Relief

Valve in Lieu of Pressure Regulator

The Air Transport Association (ATA)

of America, on behalf of several of its

members, requests that the FAA require

installation of a relief valve rather than

a pressure regulator. One ATA member

states that installation of a relief valve

is considered to be a more cost efficient

and expeditious method of compliance.

Other ATA members state that the

pressure regulator feature was removed

previously from the start valve due to

poor valve reliability caused by

contamination.

The FAA concurs partially. The FAA

does not agree that installation of a

relief valve should be required in lieu of

a pressure regulator. However, the FAA

agrees that installation of a relief valve

could be provided as an additional

method of compliance for the

requirements of this AD.

Since the issuance of the proposed

rule, the FAA has reviewed and

approved McDonnell Douglas Service

Bulletin DC9–80–014, dated August 22,

1997, which describes procedures for

installation of a pressure relief valve in

the pneumatic supply line to the starter

air shutoff valve on engines 1 and 2.

Installation of the pressure relief valve

and applicable pipe assembly in the

muscle pressure line upstream of the

starter air shutoff valve will prevent

uncommanded opening of the starter

valve and will prevent excessive air

pressure to the engine starter. The FAA

has revised paragraph (a) of this final

rule to include accomplishment of the

actions specified in this service bulletin

as an additional method of compliance

for the requirements of that paragraph.

Additionally, the FAA has revised the

wording of this final rule to specify that

the requirement of paragraph (a)(1) is to

modify any converted or first

production non-regulating shutoff valve

on the starter of engines 1 and 2 by

installing a pressure regulator on the

valve.

Request for Extension of Compliance

Time

Several commenters request that the

proposed compliance time of 12 months

be extended to as much as 24 months.

Two commenters state that most valves

must be sent to vendors for

modification, which would make it

difficult to accomplish the requirements

of the proposal within 12 months.

Another commenter indicates that an

extension of the compliance time would

provide an acceptable level of safety

without having a negative impact on

operations.

The FAA concurs with the

commenters’ requests. Paragraph (a) of

this final rule has been revised to

specify a compliance time of 24 months.

This extension of compliance time

should provide operators ample time to

accomplish the required modification

without compromising safety.

Request to Revise Cost Impact

Information

One commenter indicates that the cost

impact information, below, is

understated. The commenter states that

there are two valves per airplane, and

unless AlliedSignal offers a

compensatory program, the estimated

cost will exceed the figure provided in

the proposed rule. The FAA does not

concur. The cost impact information

specified in this final rule was provided

to the FAA by the vendor based on the

best available data to date. No change to

this final rule is necessary.

Additional Service Information

Since the issuance of the proposed

rule, the FAA has reviewed and

approved McDonnell Douglas Service

Bulletin DC9–80–010, dated August 22,

1997, which describes procedures for

installation of an air pressure regulator

in the starter air shutoff valve, which

will minimize the possibility of

excessive starter air pressure that could

result in a starter uncontained failure.

The FAA has revised paragraph (a) of

this final rule to reference this service

bulletin as an additional source of

service information for accomplishment

of this installation.

The FAA also has reviewed and

approved Revision 1 of AlliedSignal
23380 Federal Register / Vol. 63, No. 82 /Wednesday, April 29, 1998 /Rules and Regulations

Aerospace Service Bulletin 979410–80–

1611, dated March 13, 1997. Revision 1

of the service bulletin is essentially

identical to the original issue; however,

Figure 1 of the service bulletin has been

revised to clarify certain measurements.

The FAA has included a reference to

this service bulletin revision in the final

rule as an additional source of service

information.

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 1,970 Model

DC–9, DC–9–80, and C–9 (military)

series airplanes and Model MD–88

airplanes of the affected design in the

worldwide fleet. The FAA estimates that

1,100 airplanes of U.S. registry will be

affected by this AD, that it will take

approximately 16 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 $400 per

airplane. Based on these figures, the cost

impact of the AD on U.S. operators is

estimated to be $1,496,000, or $1,360

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.

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.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

98–09–19 McDonnell Douglas: Amendment

39–10500. Docket 96–NM–199–AD.

Applicability: Model DC–9, DC–9–80, and

C–9 (military) series airplanes and Model

MD–88 airplanes, on which a converted or

first production non-regulating shutoff valve

having AlliedSignal Aerospace part number

(P/N) 979410–1–1 or 979410–2–1 has been

installed on the engine starter; 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 (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 the application of excessive

pressure on the engine starter, which could

cause uncontained failure of an engine starter

and, consequently, could create a fire hazard

in the nacelle of the engine, accomplish the

following:

(a) Within 24 months after the effective

date of this AD, accomplish either paragraph

(a)(1) or (a)(2) of this AD.

(1) Modify any converted or first

production non-regulating shutoff valve, P/N

979410–1–1 or 979410–2–1, on the starter of

engines 1 and 2 by installing a pressure

regulator on the valve in accordance with

AlliedSignal Aerospace Service Bulletin

979410–80–1611, dated November 27, 1995;

or AlliedSignal Aerospace Service Bulletin

979410–80–1611, Revision 1, dated March

13, 1997; or McDonnell Douglas Service

Bulletin DC9–80–010, dated August 22, 1997.

Or

(2) Install a pressure relief valve in the

pneumatic supply line to the starter air

shutoff valve on engines 1 and 2 in

accordance with McDonnell Douglas Service

Bulletin DC9–80–014, dated August 22, 1997.

(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.

(d) The actions shall be done in accordance

with McDonnell Douglas Service Bulletin

DC9–80–010, dated August 22, 1997;

McDonnell Douglas Service Bulletin DC9–

80–014, dated August 22, 1997; AlliedSignal

Aerospace Service Bulletin 979410–80–1611,

dated November 27, 1995; and AlliedSignal

Aerospace Service Bulletin 979410–80–1611,

Revision 1, dated March 13, 1997.

AlliedSignal Aerospace Service Bulletin

979410–80–1611, Revision 1, dated March

13, 1997, contains the specified effective

pages:

Page

Number

Revision

level

shown on

page

Date shown on page

1, 6, 7,

14,

15,

17, 18.

1 .............. March 13, 1997.

2–5, 8–

13, 16.

Original .... November 27, 1995.

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 AlliedSignal Fluid Systems, Technical

Publications Department, Building 1230lV,

Mail Stop 65–92, P.O. Box 22200, Tempe,

Arizona 85285–2200. 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
Federal Register / Vol. 63, No. 82 /Wednesday, April 29, 1998 /Rules and Regulations 23381

Boulevard, Lakewood, California; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

(e) This amendment becomes effective on

June 3, 1998.

Issued in Renton, Washington, on April 21,

1998.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–11071 Filed 4–28–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–303–AD; Amendment

39–10503; AD 98–09–22]

RIN 2120–AA64

Airworthiness Directives; Aerospatiale

Model ATR42–200, –300, and –320

Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Aerospatiale Model

ATR42–200, –300, and –320 series

airplanes, that requires an inspection to

detect fatigue cracking of the

windshield frame structure, and

modification of the windshield frame

structure. This amendment is prompted

by the issuance of mandatory

continuing airworthiness information by

a foreign civil airworthiness authority.

The actions specified by this AD are

intended to prevent reduced structural

integrity of the airplane resulting from

fatigue cracking of the windshield frame

structure.

DATES: Effective June 3, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of June 3,

1998.

ADDRESSES: The service information

referenced in this AD may be obtained

from Aerospatiale, 316 Route de

Bayonne, 31060 Toulouse, Cedex 03,

France. 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 Office of the

Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Norman B. Martenson, Manager,

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2110;

fax (425) 227–1149.

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 certain Aerospatiale

Model ATR42–200, –300, and –320

series airplanes was published in the

Federal Register on February 19, 1998

(63 FR 8373). That action proposed to

require an inspection to detect fatigue

cracking of the windshield frame

structure, and modification of the

windshield frame structure.

Comments

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

single comment received.

The commenter supports the

proposed rule.

Conclusion

After careful review of the available

data, including the comment noted

above, the FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed.

Cost Impact

The FAA estimates that 106 airplanes

of U.S. registry will be affected by this

AD.

It will take approximately 19 work

hours per airplane to accomplish the

required inspection, at an average labor

rate of $60 per work hour. Based on

these figures, the cost impact of the

inspection required by this AD on U.S.

operators is estimated to be $120,840, or

$1,140 per airplane.

It will take approximately 191 work

hours per airplane to accomplish the

required modification specified in

Aerospatiale Service Bulletin ATR42–

53–0093, Revision 1, dated February 19,

1996, at an average labor rate of $60 per

work hour. Required parts will be

provided by the manufacturer at no cost

to the operators. Based on these figures,

the cost impact of this modification on

U.S. operators is estimated to be $11,460

per airplane.

It will take approximately 281 work

hours per airplane to accomplish the

required modification specified in

Aerospatiale Service Bulletin ATR42–

53–0094, Revision 2, dated February 19,

1996, at an average labor rate of $60 per

work hour. Required parts will be

provided by the manufacturer at no cost

to the operators. Based on these figures,

the cost impact of this modification on

U.S. operators is estimated to be $16,860

per airplane.

The cost impact figures discussed

above are 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.

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.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

98–09–22 Aerospatiale: Amendment 39–

10503. Docket 97–NM–303–AD.

Applicability: Model ATR42–200, –300,

and –320 series airplanes, on which