Federal Register / Vol. 60, No. 31 / Wednesday, February 15, 1995 / Rules and Regulations 8543

Additionally, the FAA has recently

reviewed the figures it has used over the

past several years in calculating the

economic impact of AD activity. In

order to account for various inflationary

costs in the airline industry, the FAA

has determined that it is necessary to

increase the labor rate used in these

calculations from $55 per work hour to

$60 per work hour. The cost impact

information, below, has been revised to

reflect this increase in the specified

hourly labor rate.

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 892 Model

DC–9–10, –20, –30, –40, and –50 series

airplanes, and Model C–9 (military)

airplanes of the affected design in the

worldwide fleet. The FAA estimates that

557 airplanes of U.S. registry will be

affected by this AD.

It will take approximately 6 work

hours per airplane to accomplish the

required replacement actions, at an

average labor rate of $60 per work hour.

Required parts will vary in price,

depending upon whether they are

purchased from the manufacturer,

manufactured locally, or procured from

the operator’s existing stocks. If all

required parts (36 bearing plates and 38

bolts) are purchased from the

manufacturer, the cost could be as much

as $15,184 per airplane. However, if the

bearing plates are manufactured locally

and bolts are retrieved from the

operator’s current stock, the estimated

costs will be considerably lower,

approximately $1,900 per airplane.

Based on these figures, the total cost

impact of the AD on U.S. operators is

estimated to be between $1,258,820 (or

$2,260 per airplane) and $8,658,008 (or

$15,544 per airplane). This total cost

impact figure 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. App. 1354(a), 1421

and 1423; 49 U.S.C. 106(g); and 14 CFR

11.89.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

95–02–14 McDonnell Douglas: Amendment

39–9133. Docket 94–NM–144–AD.

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

–40, and –50 series airplanes, and Model C–

9 (military) airplanes; as listed in McDonnell

Douglas DC–9 Alert Service Bulletin A71–63,

dated July 21, 1994; 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 use the authority

provided in paragraph (b) to request approval

from the FAA. This approval may address

either no action, if the current configuration

eliminates the unsafe condition; or different

actions necessary to address the unsafe

condition described in this AD. Such a

request should include an assessment of the

effect of the changed configuration on the

unsafe condition addressed by this AD. In no

case does the presence of any modification,

alteration, or repair remove any airplane from

the applicability of this AD.

Compliance: Required as indicated, unless

accomplished previously.

To prevent separation of the engine nose

cowl from the airplane, accomplish the

following:

(a) Within 18 months after the effective

date of this AD, replace the left and right

engine nose cowl attaching bolts and install

bearing plates, in accordance with

McDonnell Douglas DC–9 Alert Service

Bulletin A71–63, dated July 21, 1994; or

Revision 1, dated December 15, 1994.

(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 §§ 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 replacement shall be done in

accordance with McDonnell Douglas DC–9

Alert Service Bulletin A71–63, dated July 21,

1994; or McDonnell Douglas DC–9 Alert

Service Bulletin A71–63, Revision 1, dated

December 15, 1994. 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 McDonnell Douglas

Corporation, P.O. Box 1771, Long Beach,

California 90801–1771, Attention: Business

Unit Manager, Technical Administrative

Support, Dept. L51, M.C. 2–98. Copies may

be inspected at the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW., Renton,

Washington; or at the FAA, Los Angeles

Aircraft Certification Office, Transport

Airplane Directorate, 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

March 17, 1995.

Issued in Renton, Washington, on January

24, 1995.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–2176 Filed 2–14–95; 8:45 am]

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