[Federal Register Volume 66, Number 126 (Friday, June 29, 2001)]
[Proposed Rules]
[Pages 34593-34596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16383]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-114-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-81, -82, -
83, and -87 Series Airplanes, Model MD-88 Airplanes, and Model MD-90-30 
Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to certain McDonnell Douglas 
Model DC-9-81-82-83, and-87 series airplanes, Model MD-88 airplanes, 
and Model MD-90-30 series airplanes, that currently requires a revision 
to the applicable Airplane Flight Manual (AFM) to provide the 
flightcrew with the appropriate landing distance and flap positions, if 
applicable, for wet or icy runways. That AD also provides for an 
optional terminating action for the applicable AFM revision. For 
certain airplanes, this action would require accomplishment of the 
previously optional terminating action. The actions specified by the 
proposed AD are intended to prevent the flightcrew from performing a 
scheduled landing on a runway of potentially insufficient length due to 
failure of the weight-on-wheels spoiler lockout mechanism system and 
possible inactivation of the autospoiler actuator, which could result 
in the airplane overrunning the end of the runway during landing on a 
wet or icy runway.

DATES: Comments must be received by August 13, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-114-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
<a href="/cdn-cgi/l/email-protection#e8d1c5898685c586989a858b8785858d869ca88e8989c68f879e"><span class="__cf_email__" data-cfemail="467f6b27282b6b2836342b25292b2b2328320620272768212930">[email protected]</span></a>. Comments sent via fax or the Internet must 
contain ``Docket No. 2001-NM-114-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Boeing Commercial Aircraft Group, Long Beach Division, 
3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data 
and Service Management, Dept. C1-L5A (D800-0024). This information may 
be examined at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington; or at the FAA, Los Angeles Aircraft 
Certification Office, 3960 Paramount Boulevard, Lakewood, California.

FOR FURTHER INFORMATION CONTACT: Albert Lam, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130L, FAA, Los Angeles Aircraft 
Certification Office, 3960 Paramount Boulevard, Lakewood, California 
90712-4137; telephone (562) 627-5346; 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 action may be changed in 
light of the comments received.
    Submit comments using the following format:
    <bullet> Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
    <bullet> For each issue, state what specific change to the proposed 
AD is being requested.
    <bullet> Include justification (e.g., reasons or data) for each 
request.
    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

[[Page 34594]]

submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2001-NM-114-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. 2001-NM-114-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On April 5, 2001, the FAA issued AD 2001-07-10, amendment 39-12176 
(66 FR 18870, April 12, 2001), applicable to certain McDonnell Douglas 
Model DC-9-81, -82, -83, and -87 series airplanes, Model MD-88 
airplanes, and Model MD-90-30 series airplanes, to require a revision 
to the applicable Airplane Flight Manual (AFM) to provide the 
flightcrew with the appropriate landing distance and flap positions, if 
applicable, for wet or icy runways. That AD also provides for an 
optional terminating action for the applicable AFM revision. That 
action was prompted by reports indicating that the wiring of the 
weight-on-wheels spoiler lockout mechanism system provides insufficient 
current/voltage to provide full operational capability of deployment of 
the ground spoilers (inboard and outboard) during ground operation. The 
requirements of that AD are intended to prevent the flightcrew from 
performing a scheduled landing on a runway of potentially insufficient 
length due to failure of the weight-on-wheels spoiler lockout mechanism 
system and possible inactivation of the autospoiler actuator, which 
could result in the airplane overrunning the end of the runway during 
landing on a wet or icy runway.

Actions Since Issuance of Previous Rule

    In the preamble to AD 2001-07-10, the FAA indicated that certain 
actions required by that AD were considered ``interim action'' and that 
further rulemaking action was being considered to require the 
terminating action (i.e., installing spoiler support bracket assemblies 
and relays, and revising the spoiler lockout relay wiring) for the 
applicable AFM revision on McDonnell Douglas Model MD-90-30 series 
airplanes. We have now determined that further rulemaking action is 
indeed necessary, and this proposed AD follows from that determination.
    Since the issuance of AD 2001-07-10, the FAA has reviewed and 
approved Appendix 3E, Section 4, of MD-90 Airplane Flight Manual (AFM) 
MDC-91K0930, dated March 14, 2001, for incorporation into the 
Performance Section of the FAA-approved AFM. The procedures described 
in Section 4 provide the flightcrew with the appropriate landing 
distance and flap positions, if applicable, for wet or icy runways. 
Paragraph (b) of AD 2001-07-10, which is retained in this proposed AD, 
requires an AFM revision similar to that described in Section 4 of MD-
90 AFM MDC-91K0930. We find that, in the interim until the terminating 
action can be done, either revision (discussed above) to the 
Performance Section of the MD-90 AFM can be accomplished. Therefore, we 
have added this provision to paragraph (b) of this proposed AD.

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 supersede AD 2001-07-10 to continue to require a 
revision to the applicable Airplane Flight Manual (AFM) to provide the 
flightcrew with the appropriate landing distance and flap positions, if 
applicable, for wet or icy runways. For certain airplanes, this 
proposed AD also would continue to provide for an optional terminating 
action (i.e., installing spoiler support bracket assemblies and relays, 
and revising the spoiler lockout relay wiring) for the applicable AFM 
revision. For certain other airplanes, this proposed AD also would 
require accomplishment of the previously optional terminating action, 
which would terminate the requirement for the applicable AFM revision. 
The terminating actions would be required to be accomplished in 
accordance with the applicable Boeing service bulletin as described in 
the preamble of AD 2001-07-10, and listed in the following table:

                                      Table.--Applicable Service Bulletins
----------------------------------------------------------------------------------------------------------------
    Alert service bulletin             Revision level                   Date                      Model
----------------------------------------------------------------------------------------------------------------
MD80-27A359..................  Original or 01...............  January 29, 2001, March   DC-9-81, -82, -83, and -
                                                               26, 2001.                 87 series airplanes,
                                                                                         and MD-88 airplanes.
MD90-27A031..................  Original or 01...............  January 29, 2001, March   MD-90-30 series
                                                               26, 2001.                 airplanes.
----------------------------------------------------------------------------------------------------------------

Cost Impact

    There are approximately 224 Model DC-9-81, -82, -83, and -87 series 
airplanes, Model MD-88 airplanes, and Model MD-90-30 series airplanes 
of the affected design in the worldwide fleet. The FAA estimates that 
67 airplanes of U.S. registry would be affected by this proposed AD.
    The AFM revisions that are currently required by AD 2001-07-10, and 
retained in this proposed AD, take approximately 1 work hour per 
airplane to accomplish, at an average labor rate of $60 per work hour. 
Based on these figures, the cost impact of the currently required 
actions on U.S. operators is estimated to be $4,020, or $60 per 
airplane.
    For certain airplanes, the new terminating action that is proposed 
in this AD action would take approximately 22 work hours per airplane 
to accomplish, at an average labor rate of $60 per work hour. The 
manufacturer has committed previously to its customers that it will 
bear the cost of replacement parts. Based on these figures, the cost 
impact of the proposed requirements of this AD on U.S. operators of 
Model MD-90-30 series airplanes is estimated to be $1,320 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or proposed 
requirements of this AD action, and that no operator would accomplish 
those actions in the future if this AD were not adopted. The cost 
impact figures discussed in AD rulemaking actions represent only the 
time necessary to perform the specific actions actually required by the 
AD. These figures typically do not include incidental costs, such as 
the time required to gain access and close up, planning time, or time 
necessitated by other administrative actions.
    Should an operator of Model DC-9-81, -82, -83, and -87 series 
airplanes, and Model MD-88 airplanes elect to accomplish the optional 
terminating action that would be provided by this AD action, it would 
take approximately

[[Page 34595]]

22 work hours to accomplish it, at an average labor rate of $60 per 
work hour. The manufacturer has committed previously to its customers 
that it will bear the cost of replacement parts. Based on these 
figures, the cost impact of the optional terminating action would be 
$1,320 per airplane.

Regulatory Impact

    The regulations proposed herein would not have a substantial direct 
effect 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, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    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.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing amendment 39-12176 (66 FR 
18870, April 12, 2001), and by adding a new airworthiness directive 
(AD), to read as follows:

McDonnell Douglas: Docket 2001-NM-114-AD. Supersedes AD 2001-07-10, 
Amendment 39-12176.

    Applicability: Models identified in Table 1 of this AD, 
certificated in any category; excluding those airplanes on which the 
modification specified in the applicable service bulletin listed in 
Table 1 of this AD has been done. Table 1 is as follows:

                         Table 1.--Applicability
------------------------------------------------------------------------
                 Model                             As Listed In
------------------------------------------------------------------------
DC-9-81, -82, -83, and -87 series        Boeing Alert Service Bulletin
 airplanes, and MD-88 airplanes..         MD80-27A359, Revision 01,
                                          dated March 26, 2001.
MD-90-30 series airplanes..............  Boeing Alert Service Bulletin
                                          MD90-27A031, Revision 01,
                                          dated March 26, 2001.
------------------------------------------------------------------------


    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise 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 (e) 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 flightcrew from performing a scheduled landing on 
a runway of potentially insufficient length due to failure of the 
weight-on-wheels spoiler lockout mechanism system and possible 
inactivation of the autospoiler actuator, which could result in the 
airplane overrunning the end of the runway during landing on a wet 
or icy runway, accomplish the following:

Restatement of Requirements of AD 2001-07-10

Airplane Flight Manual Revisions

    (a) For Model DC-9-81, -82, -83, and -87 series airplanes, and 
MD-88 airplanes: Within 48 clock hours after April 27, 2001 (the 
effective date AD 2001-07-10, amendment 39-12176), revise the 
Performance Section of the FAA-approved Airplane Flight Manual (AFM) 
to include the following statement. This may be done by inserting a 
copy of this AD in the AFM.
    ``In-flight Spoiler Lockout Mechanism Installed and Activated, 
and Automatic Ground Spoiler System Operated.
    When the in-flight spoiler lockout mechanism is installed and 
activated, the wet or icy runway landing field length, which is 
determined from the appropriate Landing Field Length and Speed 
Chart, must be increased by 1,720 feet under either of the following 
conditions:
    a. The weight-on-wheels unlocking feature is not installed; or
    b. The weight-on-wheels unlocking feature is installed, but 
inoperative.
    When the in-flight spoiler lockout mechanism is deactivated, the 
above landing field length is not required.''
    (b) For Model MD-90-30 series airplanes: Within 48 clock hours 
after April 27, 2001, do the actions specified in either paragraph 
(b)(1) or (b)(2) of this AD.
    (1) Revise the Performance Section of the FAA-approved AFM to 
include the following statement. This may be done by inserting a 
copy of this AD in the AFM.
    ``Landing Field Length for A Wet or Icy Runway.
    Increase landing field length, which is determined from the 
Basic Manual, by 1,800 feet (549 meters) for a wet or icy runway 
with 28-degree and 40-degree flaps.
    There is no landing field length penalty for a dry runway.
    In-flight spoiler lockout mechanism may NOT be deactivated, as 
indicated in the Master Minimum Equipment List (MMEL).''
    (2) Revise the Performance Section of the FAA-approved AFM by 
inserting a copy of Appendix 3E, Section 4, of MD-90 AFM MDC-
91K0930, dated March 14, 2001, into the AFM.

    Note 2: The MD-90 Master Minimum Equipment List (MMEL), system 
and sequence number 65-02, and the second proviso of system and 
sequence number 65-03, currently specifies that, for 10 days, the 
in-flight spoiler lockout mechanism system may be deactivated. Where 
differences exist between the current specification of the MMEL and 
the requirements of this AFM limitation, the AFM limitation 
prevails.

Optional Terminating Modifications

    (c) For Model DC-9-81, -82, -83, and -87 series airplanes, and 
MD-88 airplanes: Accomplishment of the actions specified in 
paragraphs (c)(1) and (c)(2) of this AD, per Boeing Alert Service 
Bulletin MD80-27A359, dated January 29, 2001, or Revision 01, dated 
March 26, 2001, terminates the AFM revision requirements of 
paragraph (a) of this AD. After doing those actions, the AFM 
revision required by paragraph (a) of this AD may be removed from 
the AFM.
    (1) Install the spoiler support bracket assemblies and relays; 
and
    (2) Revise the spoiler lockout relay wiring.

[[Page 34596]]

New Actions Required by This AD

Terminating Modification for Model MD-90-30 Series Airplanes

    (d) For Model MD-90-30 series airplanes: Within 18 months after 
the effective date of this AD, do the actions specified in 
paragraphs (c)(1) and (c)(2) of this AD, per Boeing Alert Service 
Bulletin MD90-27A031, dated January 29, 2001, or Revision 01, dated 
March 26, 2001. Accomplishment of those actions terminates the AFM 
revision requirements of paragraph (b) of this AD. After doing those 
actions, the AFM revision required by paragraph (b) of this AD may 
be removed from the AFM.

Alternative Methods of Compliance

    (e) 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. 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.

Special Flight Permits

    (f) Special flight permits may be issued in accordance with 
Secs. 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 June 22, 2001.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-16383 Filed 6-28-01; 8:45 am]
BILLING CODE 4910-13-U


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