28028 Federal Register / Vol. 61, No. 108 / Tuesday, June 4, 1996 / Rules and Regulations

at the hearing; each exhibit introduced

but not admitted into evidence at the

hearing; each exhibit introduced and

admitted into evidence after the

completion of the hearing; and each

exhibit introduced but not admitted into

evidence after the completion of the

hearing.

Dated: May 28, 1996.

Becky Baker,

Secretary of the Board, National Credit Union

Administration.

[FR Doc. 96–13814 Filed 6–3–96; 8:45 am]

BILLING CODE 7535–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95–NM–188–AD; Amendment

39–9642; AD 96–11–18]

RIN 2120–AA64

Airworthiness Directives; McDonnell

Douglas Model DC–9–80 Series

Airplanes, and Model MD–88 and MD–

90 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–9–80 series

airplanes, and Model MD–88 and MD–

90 airplanes, that requires a one-time

measurement of the length of the oxygen

mask lanyards of the passenger service

unit (PSU), and modification of lanyards

that are longer than the proper length.

This amendment is prompted by a

report that the length of the oxygen

mask lanyards of the PSU were found to

be too long, apparently due to improper

installation during production. The

actions specified by this AD are

intended to ensure that the length of

these oxygen mask lanyards is correct,

so that the oxygen canister will be

properly activated when needed during

an emergency.

DATES: Effective July 9, 1996.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of July 9, 1996.

ADDRESSES: The service information

referenced in this AD may be obtained

from McDonnell Douglas Corporation,

3855 Lakewood Boulevard, Long Beach,

California 90846, Attention: Technical

Publications Business Administration,

Department 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, 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.

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 (310) 627–5336; fax (310)

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–9–80 series

airplanes, and Model MD–88 and MD–

90 airplanes was published in the

Federal Register on February 12, 1996

(61 FR 5334). That action proposed to

require, for Model DC–9–80 series

airplanes and Model MD–88 airplanes,

a one-time measurement of the length of

the oxygen mask lanyards of the PSU,

and modification, if necessary. For

Model MD–90 airplanes, the action

proposed to require modification of the

oxygen mask lanyards of the PSU.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

comments received.

Support for the Proposal

Several commenters support the

proposed rule.

Request To Extend Compliance Time

Two commenters request that the

compliance time be extended from the

proposed 24 months to 36 months. One

of these commenters states that it would

have to special schedule its fleet of

airplanes in order to accomplish the

proposed measurement and

modification within the proposed

compliance time; this would entail

considerable additional expenses and

schedule disruptions.

The FAA does not concur. In

developing an appropriate compliance

time for this action, the FAA considered

not only the degree of urgency

associated with addressing the subject

unsafe condition, but the practical

aspect of completing the required

modification within an interval of time

that parallels normal scheduled

maintenance for the majority of affected

operators. However, under the

provisions of paragraph (c) of the final

rule, the FAA may approve requests for

adjustments to the compliance time if

data are submitted to substantiate that

such an adjustment would provide an

acceptable level of safety.

Request To Provide Time Frame of

Improper Installation

One commenter maintains that the

unsafe condition occurred because

correct procedures were not followed

during aircraft production. In light of

this, the commenter requests that the

proposal be revised to provide a time

frame during which the addressed

problem occurred and allow operators

to inspect a sampling of airplanes

produced during that time to determine

if the lanyard problem is present on

those airplanes.

The FAA does not concur with the

commenter’s request. The FAA is

unable to determine the time frame

during which the apparent improper

installation occurred because the

manufacturing procedures that existed

during the production of all of the

affected airplanes did not contain

provisions for monitoring the length of

the lanyard. Therefore, all airplanes

listed in the applicability of the final

rule may be subject to the addressed

unsafe condition.

Conclusion

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 as proposed.

Cost Impact

There are approximately 1,200

McDonnell Douglas Model DC–9–80

series airplanes, Model MD–88

airplanes, and Model MD–90 airplanes

of the affected design in the worldwide

fleet. The FAA estimates that 650

airplanes of U.S. registry will be affected

by this AD.

For airplanes on which inspection of

the lanyard is required, it will take

approximately 81 work hours per

airplane to accomplish the required

inspection, at an average labor rate of

$60 per work hour. Based on these

figures, the cost impact of the inspection

required by this AD on U.S. operators is

estimated to be $4,860 per airplane.

For airplanes on which modification

of the lanyard is required, it will take

approximately 121 work hours per

airplane to accomplish the required

modification at an average labor rate of

$60 per work hour. Based on these

figures, the cost impact of the
Federal Register / Vol. 61, No. 108 / Tuesday, June 4, 1996 / Rules and Regulations 28029

modification required by this AD on

U.S. operators is estimated to be $7,260

per airplane.

The cost impact figures discussed

above are 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.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

96–11–18 McDonnell Douglas: Amendment

39–9642. Docket 95–NM–188–AD.

Applicability: Model DC–9–80 series

airplanes and Model MD–88 airplanes,

having manufacturer’s fuselage numbers 924

through 1094 inclusive, and 1095 through

2113 inclusive; and Model MD–90 airplanes,

having manufacturer’s fuselage numbers

2094 through 2098 inclusive, and 2100;

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 (c) 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 ensure that the length of the oxygen

mask lanyards is correct, so that the oxygen

canister will be properly activated when

needed during an emergency, accomplish the

following:

(a) For Model DC–9–80 series airplanes

and Model MD–88 airplanes, having

manufacturer’s fuselage numbers 1095

through 2113 inclusive; and Model MD–90

airplanes: Within 2 years after the effective

date of this AD, perform a one-time

measurement of the length of the oxygen

mask lanyards of the passenger service unit

(PSU) from the loop on the firing pin or

aluminum ring to the mask, in accordance

with McDonnell Douglas Service Bulletin

MD80–35–022, dated August 29, 1995 (for

Model DC–9–80 series airplanes and Model

MD–88 airplanes), or McDonnell Douglas

Service Bulletin MD90–35–001, dated August

29, 1995 (for Model MD–90 airplanes), as

applicable.

(1) If the length of all oxygen mask

lanyards is found to be within the limits

specified in the applicable service bulletin,

no further action is required by this

paragraph.

(2) If the length of any oxygen mask

lanyard is found to exceed the limits

specified in the applicable service bulletin,

prior to further flight, modify that oxygen

mask lanyard of the PSU in accordance with

the applicable service bulletin.

(b) For Model DC–9–80 series airplanes

having manufacturer’s fuselage numbers 924

through 1094 inclusive: Within 2 years after

the effective date of this AD, modify the

oxygen mask lanyards of the PSU in

accordance with McDonnell Douglas Service

Bulletin MD80–35–022, dated August 29,

1995.

(c) 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.

(d) 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.

(e) The measurement and modification

shall be done in accordance with McDonnell

Douglas Service Bulletin MD80–35–022,

dated August 29, 1995 (for Model DC–9–80

series airplanes and Model MD–88

airplanes), or McDonnell Douglas Service

Bulletin MD90–35–001, dated August 29,

1995 (for Model MD–90 airplanes). 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, 3855

Lakewood Boulevard, Long Beach, California

90846, Attention: Technical Publications

Business Administration, Department C1–

L51 (2–60). 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.

(f) This amendment becomes effective on

July 9, 1996.

Issued in Renton, Washington, on May 23,

1996.

John J. Hickey,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 96–13609 Filed 6–3–96; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 95–NM–172–AD; Amendment

39–9640; AD 96–11–16]

RIN 2120–AA64

Airworthiness Directives; Fokker

Model F28 Mark 0100 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Fokker Model F28

Mark 0100 series airplanes, that requires

a one-time measurement during

refueling to determine the pressure in

each collector tank; for certain

airplanes, non-destructive test (NDT)

inspections to detect cracking or

deformations of the collector tank ribs

on each wing, and repair, if necessary;

and modification of top-hat stringers in

each outer wing tank. This amendment

is prompted by a report of damage to the