This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

37508

Vol. 63, No. 133

Monday, July 13, 1998

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–147–AD]

RIN 2120–AA64

Airworthiness Directives; McDonnell

Douglas Model DC–9, DC–9–80, and C–

9 (Military) Series Airplanes; Model

MD–88 Airplanes; and Model MD–90

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to

certain McDonnell Douglas Model DC–

9, DC–9–80, and C–9 (military) series

airplanes; Model MD–88 airplanes; and

Model MD–90 airplanes. This proposal

would require a one-time inspection of

the forward attach pins of the outboard

flight spoiler actuators to determine

whether the pins are of correct length,

and follow-on corrective actions. This

proposal is prompted by a report that

forward attach pins of incorrect length

were found to be installed in the flight

spoiler actuators on several in-service

and in-production airplanes. The

actions specified by the proposed AD

are intended to prevent failure of the

piston of the flight spoiler actuator and

consequent puncturing of the aft spar

web, which could result in fuel leakage

and reduced structural integrity of the

wings.

DATES: Comments must be received by

August 27, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 98–NM–

147–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, Dept. 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:

Brent Bandley, Aerospace Engineer,

Airframe Branch, ANM–120L, FAA,

Transport Airplane Directorate, Los

Angeles Aircraft Certification Office,

3960 Paramount Boulevard, Lakewood,

California 90712–4137; telephone (562)

627–5220; 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 Number 98–NM–147–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–114, Attention: Rules Docket No.

98–NM–147–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The FAA has received a report

indicating that forward attach pins of

incorrect length (too short) were found

to be installed in the pistons of the

outboard flight spoiler actuators on

certain McDonnell Douglas Model DC–

9–80 series airplanes and Model MD–90

airplanes. These pins were

manufactured incorrectly by one

vendor, and the flight spoiler actuators

that incorporate the incorrect pins have

been installed on a number of airplanes.

If a forward attach pin is too short, the

pin and nut could come into contact

with the piston lugs, which could cause

sustained stresses and consequent stress

corrosion. This condition, if not

corrected, could result in failure of the

piston of the flight spoiler actuator and

consequent puncturing of the aft spar

web, which could result in fuel leakage

and reduced structural integrity of the

wings.

Explanation of Relevant Service

Information

The FAA has reviewed and approved

McDonnell Douglas Service Bulletins

DC9–27–355 and MD90–27–024, both

dated February 24, 1998. These service

bulletins describe procedures for a onetime visual inspection of the forward

attach pin of the outboard flight spoiler

actuator on the left and right sides of the

airplane to determine whether the

forward attach pin is of correct length,

and follow-on corrective actions, which

include the following:

—Condition 1. For airplanes on which

the length of the pins is correct, the

service bulletins describe procedures

for modifying the pin by etching a

new part number on it and

reinstalling it into the flight spoiler

actuator.

—Condition 2. For airplanes on which

the length of the pins is incorrect, the

service bulletins describe procedures

for a follow-on visual inspection to

detect corrosion of the outer transition

radii of the piston lugs of the flight
Federal Register / Vol. 63, No. 133 / Monday, July 13, 1998 / Proposed Rules 37509

spoiler actuator, or discrepancies of

the cadmium plating on the lugs. If no

corrosion or discrepancy is found,

follow-on actions include installing a

new, improved pin, and a new washer

and nut. If any corrosion or

discrepancy is found, corrective

actions include removing the actuator

and attaching parts, performing a high

frequency eddy current (HFEC)

inspection for cracking of the lugs of

the actuator, replacing any cracked

piston assembly of the actuator with

a new part, reinstalling the actuator

and attaching parts, and installing a

new, improved pin, and a new washer

and nut.

Accomplishment of the actions

specified in the service bulletins is

intended to adequately address the

identified unsafe condition.

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 accomplishment of the actions

specified in the service bulletins

described previously. The proposed AD

also would require that operators report

results of inspection findings to the

FAA.

Cost Impact

There are approximately 1,700

airplanes of the affected design in the

worldwide fleet. The FAA estimates that

1,134 airplanes of U.S. registry would be

affected by this proposed AD.

It would take approximately 5 work

hours per airplane (including removal

and reinstallation of the forward attach

pin) to accomplish the proposed onetime visual inspection, at an average

labor rate of $60 per work hour. Based

on these figures, the cost impact of this

inspection proposed by this AD on U.S.

operators is estimated to be $340,200, or

$300 per airplane.

If the forward attach pin is

determined to be of correct length, it

would take approximately 1 work hour

per airplane to accomplish the

necessary modification, at an average

labor rate of $60 per work hour. Based

on these figures, the cost impact of this

modification proposed by this AD on

U.S. operators is estimated to be $60 per

airplane.

If the forward attach pin is

determined to be of incorrect length, it

would take approximately 1 work hour

per airplane to accomplish the followon visual inspection and replacement of

the pin, at an average labor rate of $60

per work hour. New pins would be

provided by the manufacturer at no cost

to the operators. Based on these figures,

the cost impact of the follow-on visual

inspection and replacement is estimated

to be $60 per airplane.

Should an operator be required to

accomplish the HFEC inspection, it

would take approximately 11 work

hours per airplane to accomplish

(including removal and reinstallation of

the flight spoiler actuator), at an average

labor rate of $60 per work hour. Based

on these figures, the cost impact of the

HFEC inspection is estimated to be $660

per airplane.

Should an operator be required to

accomplish the replacement of the

piston assembly of the flight spoiler

actuator, it would take approximately 5

work hours per airplane to accomplish,

at an average labor rate of $60 per work

hour. Required parts would cost

approximately $2,590 per airplane.

Based on these figures, the cost impact

of the replacement on U.S. operators is

estimated to be $2,890 per airplane.

The cost impact figures discussed

above are based on assumptions that no

operator has yet accomplished any of

the proposed 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 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.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

McDonnell Douglas: Docket 98-NM–147-AD.

Applicability: Model DC–9–10, -20, -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 DC9–27–355, dated

February 24, 1998; and Model MD–90

airplanes, as listed in McDonnell Douglas

Service Bulletin MD90–27–024, dated

February 24, 1998; on which a piston

assembly of the flight spoiler actuator having

part number (P/N) 4913415–505 or 4913415–

507 is installed; 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 (d) 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 failure of the piston of the flight

spoiler actuator and consequent puncturing

of the aft spar web, which could result in fuel

leakage and reduced structural integrity of

the wings, accomplish the following:

(a) Within 18 months after the effective

date of this AD, remove the forward attach

pin of the outboard flight spoiler actuator of

the left and right wings of the airplane, and

perform a one-time visual inspection of the

pin to determine whether it is of correct

length, in accordance with the

Accomplishment Instructions of McDonnell

Douglas Service Bulletin DC9–27–355 [for

Model DC–9–10, -20, -30, -40, -50 series

airplanes; Model C–9 (military) series

airplanes; Model DC–9–81 (MD–81), -82

(MD–82), -83 (MD–83), and -87 (MD–87)

series airplanes; and Model MD–88

airplanes], or MD90–27–024 (for Model MD–

90 airplanes), both dated February 24, 1998,

as applicable.
37510 Federal Register / Vol. 63, No. 133 / Monday, July 13, 1998 / Proposed Rules

(1) Condition 1 (Correct Length). If the

forward attach pin is of correct length, prior

to further flight, modify the pin by

reidentifying it with P/N 4935329–503, in

accordance with the applicable service

bulletin.

(2) Condition 2 (Incorrect Length). If the

forward attach pin is of incorrect length,

prior to further flight, perform a follow-on

visual inspection of the piston lugs of the

flight spoiler actuator for corrosion at the

outer transition radii, or discrepancies of the

cadmium plating of the lugs, in accordance

with the applicable service bulletin.

(i) If no corrosion or discrepancy of the

cadmium plating of the lugs is detected, prior

to further flight, install a new, improved

forward attach pin, P/N 4935329–503, and a

new washer and nut, in accordance with the

applicable service bulletin.

(ii) If any corrosion or discrepancy of the

cadmium plating of the lugs is detected, prior

to further flight, remove the actuator and

attaching parts, and perform a high frequency

eddy current inspection for cracking of the

lugs of the actuator, in accordance with the

applicable service bulletin.

(A) If no cracking of the lugs is detected,

prior to further flight, reinstall the flight

spoiler actuator and attaching parts, and

install a new, improved forward attach pin,

P/N 4935329–503, and a new washer and

nut, in accordance with the applicable

service bulletin.

(B) If any cracking of the lugs is detected,

prior to further flight, replace the existing

piston assembly of the flight spoiler actuator

with a new piston assembly having the same

P/N; reinstall the flight spoiler actuator and

attaching parts; and install a new, improved

forward attach pin, P/N 4935329–503, and a

new washer and nut; in accordance with the

applicable service bulletin.

(b) Within 10 days after accomplishing the

inspection required by paragraph (a) of this

AD, submit a report of the inspection results

(both positive and negative findings) to the

Manager, Los Angeles Aircraft Certification

Office (ACO), FAA, Transport Airplane

Directorate, 3960 Paramount Boulevard,

Lakewood, California 90712–4137; fax (562)

627–5210. Information collection

requirements contained in this regulation

have been approved by the Office of

Management and Budget (OMB) under the

provisions of the Paperwork Reduction Act of

1980 (44 U.S.C. 3501 et seq.) and have been

assigned OMB Control Number 2120–0056.

(c) As of the effective date of this AD, no

person shall install a forward attach pin of

the flight spoiler actuator, P/N 4935329–1 or

4935329–501, on any airplane.

(d) 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 ACO. 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.

(e) 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 July 6,

1998.

John J. Hickey,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–18471 Filed 7–10–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98–AWP–3]

Proposed Modification of Class E

Airspace; Fortuna, CA

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This notice proposes to

modify the Class E airspace area at

Fortuna, CA. The establishment of a

Global Positioning System (GPS)

Standard Instrument Approach

Procedure (SIAP) to Runway (RWY) 29

at Rohnerville Airport has made this

proposal necessary. Additional

controlled airspace extending upward

from 700 feet or more above the surface

of the earth is needed to contain aircraft

executing the GPS RWY 29 SIAP to

Rohnerville Airport. The intended effect

of this proposal is to provide adequate

controlled airspace for Instrument Flight

Rules (IFR) operations at Rohnerville

Airport, Fortuna, CA.

DATES: Comments must be received on

or before July 30, 1998.

ADDRESSES: Send comments on the

proposal in triplicate to: Federal

Aviation Administration, Attn:

Manager, Airspace Branch, AWP–520,

Docket No. 98–AWP–3, Air Traffic

Division, 15000 Aviation Boulevard,

Lawndale, California, 90261.

The official docket may be examined

in the Office of the Regional Counsel,

Western Pacific Region, Federal

Aviation Administration, Room 6007,

15000 Aviation Boulevard, Lawndale,

California, 90261.

An informal docket may also be

examined during normal business hours

at the Office of the manager, Airspace

Branch, Air Traffic Division at the above

address.

FOR FURTHER INFORMATION CONTACT:

Larry Tonish, Airspace Specialist,

Airspace Branch, AWP–520, Air Traffic

Division, Western-Pacific Region,

Federal Aviation Administration, 15000

Aviation Boulevard, Lawndale,

California, 90261, telephone (310) 725–

6539.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interseted parties are invited to

participate in this proposed rulemaking

by submitting such written data, views,

or arguments as they may desire.

Comments that provide the factual basis

supporting the views and suggestions

presented are particularly helpful in

developing reasoned regulatory

decisions on the proposal. Comments

are specifically invited on the overall

regulatory, aeronautical, economic,

environmental, and energy-related

aspects of the proposal.

Communications should identify the

airspace docket number and be

submitted in triplicate to the address

listed above. Commenters wishing the

FAA to acknowledge receipt of their

comments on this notice must submit

with the comments a self-addressed,

stamped postcard on which the

following statement is made:

‘‘Comments to Airspace Docket No. 98–

AWP–3.’’ The postcard will be date/

time stamped and returned to the

commenter. All communications

received on or before the specified

closing date for comments will be

considered before taking action on the

proposed rule. The proposal contained

in this notice may be changed in light

of comments received. All comments

submitted will be available for

examination in the Airspace Branch, Air

Traffic Division, 15000 Aviation

Boulevard, Lawndale, California 90261,

both before and after the closing date for

comments. A report summarizing each

substantive public contact with FAA

personnel concerned with this

rulemaking will be filed in the docket.

Availability of NPRM

Any person may obtain a copy of this

Notice of Proposed Rulemaking (NPRM)

by submitting a request to the Federal

Aviation Administration, Airspace

Branch, 15000 Aviation Boulevard,

Lawndale, California 92061.

Communications must identify the

notice number of this NPRM. Persons

interested in being placed on a mailing

list for future NPRM’s should also

request a copy of Advisory Circular No.

11–2A, which describes the application

procedures.

The Proposal

The FAA is consisting an amendment

to 14 CFR part 71 by modifying the

Class E airspace area at Fortuna, CA.

The establishment of a GPS RWY 29

SIAP at Rohnerville Airport has made