[Federal Register Volume 61, Number 108 (Tuesday, June 4, 1996)]
[Rules and Regulations]
[Pages 28028-28029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13609]



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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.

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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

[[Page 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.


Sec. 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