[Federal Register Volume 63, Number 139 (Tuesday, July 21, 1998)]
[Rules and Regulations]
[Pages 39016-39018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19045]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-105-AD; Amendment 39-10666; AD 98-15-15]
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.

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SUMMARY: This amendment supersedes an existing 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 
currently requires an inspection to detect chafing on the FIREX pipe 
assembly of the number one engine; and either repair of chafed pipe 
assemblies or replacement of the chafed pipe assemblies with new pipe 
assemblies; and modification of the FIREX and the pneumatic sense pipe 
assembly clamp marriage. This amendment revises the applicability of 
the existing AD to include additional airplanes and remove others. This 
amendment is prompted by reports of incidents in which the pneumatic 
sense pipe chafed against the FIREX supply pipe of the number one 
engine. The actions specified by this AD are intended to prevent 
chafing of the FIREX supply pipe, which could result in a hole in the 
pipe and consequently prevent the proper distribution of the fire 
extinguishing agent within the nacelle in the event of a fire.

DATES: Effective August 25, 1998.
    The incorporation by reference of McDonnell Douglas DC-9 Service 
Bulletin 26-25, dated May 25, 1994; McDonnell Douglas Service Bulletin 
DC9-26-025, Revision 03, dated July 25, 1996; McDonnell Douglas Service 
Bulletin DC9-26-025, Revision 04, dated April 30, 1997; and McDonnell 
Douglas Service Bulletin DC9-26-025, Revision 05, dated May 29, 1998; 
as listed in the regulations, is approved by the Director of the 
Federal Register as of August 25, 1998.
    The incorporation by reference of McDonnell Douglas DC-9 Service 
Bulletin 26-25, Revision 1, dated September 30, 1994; and McDonnell 
Douglas DC-9 Service Bulletin 26-25, Revision 2, dated April 18, 1995; 
was approved previously by the Director of the Federal Register as of 
July 24, 1995 (60 FR 32579, June 23, 1995).

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: Robert Baitoo, Aerospace Engineer, 
Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard,

[[Page 39017]]

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) by superseding AD 95-12-25, 
amendment 39-9278 (60 FR 32579, June 23, 1995), which 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 January 5, 1998 (63 FR 174). The action proposed to 
continue to require an inspection to detect chafing on the FIREX pipe 
assembly of the number one engine; and either repair of chafed pipe 
assemblies or replacement of the chafed pipe assemblies with new pipe 
assemblies; and modification of the FIREX and the pneumatic sense pipe 
assembly clamp marriage.

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.

Explanation of Changes to This Final Rule

    Since the issuance of the proposal, the FAA has reviewed and 
approved McDonnell Douglas Service Bulletin DC9-26-025, Revision 05, 
dated May 29, 1998. This revision is essentially the same as McDonnell 
Douglas Service Bulletin DC9-26-025, Revision 04, dated April 30, 1997; 
however, minor edits have been incorporated. The FAA has revised this 
final rule to reference Revision 05 as an additional source of service 
information for accomplishment of the required actions.

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 with the change previously 
described. The FAA has determined that this change will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    There are approximately 1,691 McDonnell Douglas 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 834 
airplanes of U.S. registry will be affected by this AD.
    The actions that are currently required by AD 95-12-25, and 
retained in this AD, take approximately 1 work hour per airplane to 
accomplish, at an average labor rate of $60 per work hour. The cost of 
required parts will be nominal. Based on these figures, the cost impact 
of the currently required actions on U.S. operators is estimated to be 
$50,040, or $60 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.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing amendment 39-9278 (60 FR 
32579, June 23, 1995), and by adding a new airworthiness directive 
(AD), amendment 39-10666, to read as follows:

98-15-15  McDonnell Douglas: Amendment 39-10666. Docket 97-NM-105-
AD. Supersedes AD 95-12-25, Amendment 39-9278.

    Applicability: Model DC-9-30, -40, and -50 series airplanes; 
Model 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 
DC9-26-025, Revision 04, dated April 30, 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 chafing of the FIREX supply pipe, which could result 
in a hole in the pipe and consequently prevent the proper 
distribution of the fire extinguishing agent within the nacelle in 
the event of a fire, accomplish the following:
    (a) Within 8 months after the effective date of this AD, perform 
an inspection to detect chafing of the FIREX pipe assembly of the 
number one engine, in accordance with McDonnell Douglas DC-9 Service 
Bulletin 26-25, dated May 25, 1994; McDonnell Douglas DC-9 Service 
Bulletin 26-25, Revision 1, dated September 30, 1994; McDonnell 
Douglas DC-9 Service Bulletin 26-25, Revision 2, dated April 18, 
1995; McDonnell Douglas Service Bulletin DC9-26-025, Revision 03, 
dated July 25, 1996; McDonnell Douglas Service Bulletin DC9-26-025, 
Revision 04, dated April 30, 1997; or McDonnell Douglas Service 
Bulletin DC9-26-025, Revision 05, dated May 29, 1998.
    (1) If any chafing is detected, prior to further flight, 
accomplish paragraphs (a)(1)(i) and (a)(1)(ii) of this AD in 
accordance with the service bulletin. Where there are differences 
between the requirements of this AD and the procedures specified in 
the service bulletin, the AD prevails.
    (i) Either repair chafed pipe assemblies or replace chafed pipe 
assemblies with new or serviceable pipe assemblies. And
    (ii) Modify the FIREX and the pneumatic sense pipe assembly 
clamp marriage.
    (2) If no chafing is detected, prior to further flight, modify 
the FIREX and the pneumatic

[[Page 39018]]

sense pipe assembly clamp marriage in accordance with the service 
bulletin.
    (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 DC-9 Service Bulletin 26-25, dated May 25, 1994; McDonnell 
Douglas DC-9 Service Bulletin 26-25, Revision 1, dated September 30, 
1994; McDonnell Douglas DC-9 Service Bulletin 26-25, Revision 2, 
dated April 18, 1995; McDonnell Douglas Service Bulletin DC9-26-025, 
Revision 03, dated July 25, 1996; McDonnell Douglas Service Bulletin 
DC9-26-025, Revision 04, dated April 30, 1997; or McDonnell Douglas 
Service Bulletin DC9-26-025, Revision 05, dated May 29, 1998.
    (1) The incorporation by reference of McDonnell Douglas DC-9 
Service Bulletin 26-25, dated May 25, 1994; McDonnell Douglas 
Service Bulletin DC9-26-025, Revision 03, dated July 25, 1996; and 
McDonnell Douglas Service Bulletin DC9-26-025, Revision 04, dated 
April 30, 1997; and McDonnell Douglas Service Bulletin DC9-26-025, 
Revision 05, dated May 29, 1998; is approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51.
    (2) The incorporation by reference of McDonnell Douglas DC-9 
Service Bulletin 26-25, Revision 1, dated September 30, 1994; and 
McDonnell Douglas DC-9 Service Bulletin 26-25, Revision 2, dated 
April 18, 1995; was approved previously by the Director of the 
Federal Register as of July 24, 1995 (60 FR 32579, June 23, 1995).
    (3) 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 August 25, 1998.
    Issued in Renton, Washington, on July 10, 1998.

Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-19045 Filed 7-20-98; 8:45 am]
BILLING CODE 4910-13-U