This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

28217

Vol. 63, No. 99

Friday, May 22, 1998

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–251–AD; Amendment

39–10537; AD 98–11–10]

RIN 2120–AA64

Airworthiness Directives; McDonnell

Douglas Model DC–9 and DC–9–80

Series Airplanes, Model MD–88

Airplanes, and C–9 (Military) Series

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 and DC–9–80

series airplanes, Model MD–88

airplanes, and C–9 (military) series

airplanes, that requires an inspection to

determine if the latching lever pin of the

speed brake passes an axial force check,

and a visual inspection to determine if

the staking of the latching lever pin is

acceptable; and follow-on corrective

action, if necessary. This amendment is

prompted by reports that the speed

brake handle jammed in the ground

spoiler position. The actions specified

by this AD are intended to prevent a

jammed speed brake handle pin, which

could result in retraction of the spoilers

and full advancement of the left throttle

during a go-around.

DATES: Effective June 26, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of June 26,

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:

Walter Eierman, Aerospace Engineer,

Systems and Equipment Branch, ANM–

130L, FAA, Los Angeles Aircraft

Certification Office, 3960 Paramount

Boulevard, Lakewood, California 90712;

telephone (562) 627–5336; 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 and DC–9–80

series airplanes, Model MD–88

airplanes, and C–9 (military) series

airplanes was published in the Federal

Register on February 19, 1998 (63 FR

8371). That action proposed to require

an inspection to determine if the

latching lever pin of the speed brake

passes an axial force check, and a visual

inspection to determine if the staking of

the latching lever pin is acceptable; and

follow-on corrective action, if necessary.

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

There are approximately 2,050

McDonnell Douglas Model DC–9 and

DC–9–80 series airplanes, Model MD–88

airplanes, and C–9 (military) series

airplanes of the affected design in the

worldwide fleet. The FAA estimates that

1,250 airplanes of U.S. registry will be

affected by this AD, that it will take

approximately 5 work hours per

airplane to accomplish the required

actions, and that the average labor rate

is $60 per work hour. Based on these

figures, the cost impact of the AD on

U.S. operators is estimated to be

$375,000, or $300 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:
28218 Federal Register / Vol. 63, No. 99 / Friday, May 22, 1998 /Rules and Regulations

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:

98–11–10 McDonnell Douglas: Amendment

39–10537. Docket 97–NM–251–AD.

Applicability: Model DC–9–10, –20, –30,

–40, and –50, and DC–9–81 (MD–81), DC–9–

82 (MD–82), DC–9–83 (MD–83), and DC–9–

87 (MD–87) series airplanes; Model MD–88

airplanes; and C–9 (military) series airplanes;

as listed in McDonnell Douglas Service

Bulletin DC9–27–346, Revision 01, dated July

29, 1997; 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 a jammed speed brake handle

pin, which could result in retraction of the

spoilers and full advancement of the left

throttle during a go-around, accomplish the

following:

(a) Within 12 months after the effective

date of this AD, perform an inspection to

determine if the latching lever pin of the

speed brake passes an axial force check, and

a visual inspection to determine if the staking

of the latching lever pin is ‘‘acceptable’’, in

accordance with McDonnell Douglas Service

Bulletin DC9–27–346, Revision 01, dated July

29, 1997.

Note 2: The criteria for determining

whether the staking is ‘‘acceptable’’ are

defined in Figure 1 of the service bulletin.

(1) Condition 1. If the pin passes the axial

force check and the staking is found to be

acceptable, no further action is required by

this AD.

(2) Condition 2. If the pin passes the axial

force check and the staking is found to be

unacceptable, accomplish the actions

specified in Condition 2, Option 1, or

Condition 2, Option 2 of the

Accomplishment Instructions of the service

bulletin. These actions shall be accomplished

at the times specified in paragraph E.

‘‘Compliance’’ of the service bulletin.

Accomplishment of the replacement of the

speed brake latching lever constitutes

terminating action for the repetitive

inspection requirements of this AD.

(3) Condition 3. If the pin fails the axial

force check and the staking is found to be

unacceptable, accomplish the actions

specified in Condition 3, Option 1, or

Condition 3, Option 2 of the

Accomplishment Instructions of the service

bulletin. These actions shall be accomplished

at the times specified in paragraph E.

‘‘Compliance’’ of the service bulletin.

Accomplishment of the replacement of the

speed brake latching lever constitutes

terminating action for the repetitive

inspection requirements of this AD.

(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 3: 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

DC9–27–346, Revision 01, dated July 29,

1997. 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 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.

(e) This amendment becomes effective on

June 26, 1998.

Issued in Renton, Washington, on May 14,

1998.

John J. Hickey,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–13407 Filed 5–21–98; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–165–AD; Amendment

39–10540; AD 98–11–13]

RIN 2120–AA64

Airworthiness Directives; Raytheon

Model Hawker 800XP Series Airplanes,

and Hawker 800 (U–125A Military

Derivative) Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to certain Raytheon Model

Hawker 800XP series airplanes and

Hawker 800 (U–125A military

derivative) airplanes. This action

requires removal of the sealant from the

firewall mounting flanges and mounting

points of the fire extinguisher

assemblies; removal of sealant

obstructing the discharge tubes of the

fire extinguisher assemblies; cleaning

and flushing of the mounting flanges,

mounting points, and discharge tubes

with solvent; and installation of new

gaskets on the firewall mounting flanges

and mounting points. This amendment

is prompted by reports of excessive

sealant applied during manufacture of

the firewall mounting flanges and

mounting points of the fire extinguisher

assemblies, which subsequently entered

and obstructed the discharge tubes. The

actions specified in this AD are

intended to prevent obstructions of the

discharge tubes of the fire extinguisher

assemblies, which could result in

improper distribution of the fire

extinguishing agent within the nacelle

in the event of a fire.

DATES: Effective June 8, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of June 8,

1998.

Comments for inclusion in the Rules

Docket must be received on or before

July 21, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 98–NM–

165–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The service information referenced in

this AD may be obtained from Raytheon

Aircraft Company, Manager Service