[Federal Register: December 1, 2003 (Volume 68, Number 230)]
[Rules and Regulations]               
[Page 67021-67024]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01de03-4]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-08-AD; Amendment 39-13374; AD 2003-24-05]
RIN 2120-AA64

 
Airworthiness Directives; McDonnell Douglas Model DC-9-31 and DC-
9-32 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain McDonnell Douglas Model DC-9-31 and DC-9-32 
airplanes. This action requires installation of ceiling panels and a 
protective pad in the tailcone emergency exit passageway. The actions 
specified by this AD are intended to prevent people on board the 
airplane from striking their heads on exposed metal frames in the 
tailcone area, which could cause injury and delay or impede their 
evacuation during an emergency. This action is intended to address the 
identified unsafe condition.

DATES: Effective December 16, 2003.

[[Page 67022]]

    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of December 16, 2003.
    Comments for inclusion in the Rules Docket must be received on or 
before January 30, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-08-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: 9-anm-iarcomment@faa.gov. Comments sent via fax or the Internet must 
contain ``Docket No. 2003-NM-08-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 or 2000 or 
ASCII text.
    The service information referenced in this AD 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; or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Cheyenne Del Carmen, Aerospace 
Engineer, Systems and Equipment Branch, ANM-130L, FAA, Los Angeles 
Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, 
California 90712; telephone (562) 627-5338; fax (562) 627-5210.

SUPPLEMENTARY INFORMATION: On October 17, 1997, the FAA issued AD 97-
22-05, amendment 39-10176 (62 FR 55730, October 28, 1997), applicable 
to certain McDonnell Douglas Model DC-9-14, DC-9-15, DC-9-15F, DC-9-21, 
DC-9-31, DC-9-32, DC-9-32 (VC-9C), DC-9-32F, DC-9-34, DC-9-34F, DC-9-
32F (C-9A, C-9B), DC-9-41, and DC-9-51 airplanes, to require 
modification of the emergency internal release system of the tailcone 
and the accessory compartment. That action was prompted by a report 
that, due to failure of the tailcone release system, the tailcone did 
not deploy on an airplane during an emergency evacuation. The actions 
specified by that AD are intended to ensure that the emergency internal 
release system of the tailcone performs its intended function in the 
event of an emergency evacuation. The requirements of that AD are also 
intended to prevent people on board the airplane from striking their 
heads on exposed metal frames in the tailcone area, which could cause 
injury and delay or impede their evacuation during an emergency.

Actions Since Issuance of Previous Rule

    Since the issuance of AD 97-22-05, the FAA was advised that two 
Model DC-9-31 airplanes with manufacturer's fuselage numbers 1039 and 
1046, and two Model DC-9-32 airplanes with manufacturer's fuselage 
numbers 0268 and 0505, were omitted inadvertently from the effectivity 
Section 1.A. of McDonnell Douglas DC-9 Service Bulletin 25-331, dated 
December 10, 1993, which is one of the two service bulletins referenced 
in AD 97-22-05.
    Therefore, we have determined that it is necessary that the 
modification of the tailcone accessory compartment described in Boeing 
Service Bulletin DC9-25-331 be accomplished to adequately address the 
identified unsafe condition (i.e., prevent people on board the airplane 
from striking their heads on exposed metal frames in the tailcone area, 
which could cause injury and delay or impede their evacuation during an 
emergency) on these additional airplanes.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Service Bulletin DC9-25-
331, Revision 02, dated December 10, 2002, which describes procedures 
for modifying the tailcone accessory compartment.
    The modification procedures described in this revision are 
essentially identical to the procedures in the original issue of the 
service bulletin, which was referenced in AD 97-22-05 as an appropriate 
source of service information for accomplishing the required 
modification of the accessory compartment. However, Revision 02 of the 
service bulletin adds additional airplanes to the effectivity listing 
that are subject to the identified unsafe condition. Accomplishment of 
the actions specified in the service bulletin is intended to adequately 
address the identified unsafe condition.
    Accomplishment of the modification of the tailcone accessory 
compartment specified in AD 97-22-05 is acceptable for compliance with 
the requirements of this 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 that may be 
registered in the United States at some time in the future, this AD is 
being issued to prevent people on board the airplane from striking 
their heads on exposed metal frames in the tailcone area, which could 
cause injury and delay or impede their evacuation during an emergency. 
This AD requires modification of the tailcone accessory compartment. 
The actions are required to be accomplished in accordance with Boeing 
Service Bulletin DC9-25-331, Revision 02, dated December 10, 2002.
    Since this AD expands the applicability of AD 97-22-05, the FAA has 
considered a number of factors in determining whether to issue a new AD 
or to supersede the ``old'' AD. Although the four additional airplanes 
included in the applicability of this AD were inadvertently omitted 
from McDonnell Douglas DC-9 Service Bulletin 25-331, dated December 10, 
1993, the other service bulletin referenced in AD 97-22-05 included 
those additional airplanes in the effectivity. The FAA also has 
considered the entire fleet size that would be affected by superseding 
AD 97-22-05 and the consequent workload associated with revising 
maintenance record entries. In light of this, the FAA has determined 
that a less burdensome approach is to issue a separate AD applicable 
only to these additional airplanes. This AD would not supersede AD 97-
22-05; airplanes listed in the applicability of AD 97-22-05 are 
required to continue to comply with the requirements of that AD. This 
AD is a separate AD action, and is applicable only to Boeing Model DC-
9-31 airplanes with manufacturer's fuselage numbers 1039 and 1046, and 
Model DC-9-32 airplanes with manufacturer's fuselage numbers 0268 and 
0505; certificated in any category.

Cost Impact

    None of the airplanes affected by this action are on the U.S. 
Register. All airplanes included in the applicability of this rule 
currently are operated by non-U.S. operators under foreign registry; 
therefore, they are not directly affected by this AD action. However, 
the FAA considers that this rule is necessary to ensure that the unsafe

[[Page 67023]]

condition is addressed in the event that any of these subject airplanes 
are imported and placed on the U.S. Register in the future.
    Should an affected airplane be imported and placed on the U.S. 
Register in the future, it would require approximately 10 work hours 
per airplane classified as Group 1, and 9 work hours per airplane 
classified as Group 2, to accomplish the modification of the accessory 
compartment. The average labor rate is $65 per work hour. Required 
parts would cost approximately $8,846 for each Group 1 airplane and 
$12,622 for each Group 2 airplane. Based on these figures, the cost 
impact of the modification of this AD on for this modification would be 
approximately $9,496 for Group 1 airplanes, and $13,207 per airplane 
classified as Group 2.

Determination of Rule's Effective Date

    Since this AD action does not affect any airplane that is currently 
on the U.S. register, it has no adverse economic impact and imposes no 
additional burden on any person. Therefore, prior notice and public 
procedures hereon are unnecessary and the amendment may be made 
effective in less than 30 days after publication in the Federal 
Register.

Comments Invited

    Although this action is in the form of a final rule and was not 
preceded by notice and opportunity for public comment, comments are 
invited on this rule. Interested persons are invited to comment on this 
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 under the caption 
ADDRESSES. All communications received on or before the closing date 
for comments will be considered, and this rule may be amended in light 
of the comments received. Factual information that supports the 
commenter's ideas and suggestions is extremely helpful in evaluating 
the effectiveness of the AD action and determining whether additional 
rulemaking action would be needed.
    Submit comments using the following format:
    [sbull] 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.
    [sbull] For each issue, state what specific change to the AD is 
being requested.
    [sbull] 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 rule that might 
suggest a need to modify the 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 that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2003-NM-08-AD.'' The postcard will be date stamped and 
returned to the commenter.

Regulatory Impact

    The regulations adopted herein will 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 final rule does not have federalism 
implications under Executive Order 13132.
    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

0
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

0
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]

0
2. Section 39.13 is amended by adding the following new airworthiness 
directive:

2003-24-05 McDonnell Douglas: Amendment 39-13374. Docket 2003-NM-08-
AD.

    Applicability: Model DC-9-31 airplanes having manufacturer's 
fuselage numbers 1039 and 1046; and Model DC-9-32 airplanes having 
manufacturer's fuselage numbers 0268 and 0505; certificated in any 
category.

    Note 1: The requirements of this AD become applicable at the 
time an airplane operating in an all-cargo configuration is 
converted to a passenger or passenger/cargo configuration.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent people on board the airplane from striking their 
heads on exposed metal frames in the tailcone area, which could 
cause injury and delay or impede their evacuation during an 
emergency, accomplish the following:

Modification of the Tailcone Accessory Compartment

    (a) For airplanes having manufacturer's fuselage numbers 0268, 
0505, 1039, and 1046: Within 12 months after the effective date of 
this AD, modify the tailcone accessory compartment; per the 
Accomplishment Instructions of Boeing Service Bulletin DC9-25-331, 
Revision 02, dated December 10, 2002.
    (b) Modifications accomplished before the effective date of this 
AD per McDonnell Douglas DC-9 Service Bulletin 25-331, dated 
December 10, 1993, are acceptable for compliance with the 
requirements of paragraph (a) of this AD.

Credit for Compliance With AD 97-22-05, Amendment 39-10176

    (c) Accomplishment of the modification of the tailcone accessory 
compartment specified in AD 97-22-05 is acceptable for compliance 
with the requirements of this AD.

Alternative Method of Compliance

    (d) In accordance with 14 CFR 39.19, the Manager, Los Angeles 
Aircraft Certification Office (ACO), FAA, is authorized to approve 
alternative methods of compliance (AMOCs) for this AD.

Incorporation by Reference

    (e) The modification shall be done in accordance with Boeing 
Service Bulletin DC9-25-331, Revision 02, dated December 10, 2002. 
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 Boeing Commercial Aircraft Group, 
Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 
90846, Attention: Data and Service Management, Dept. C1-L5A (D800-
0024). Copies may be inspected at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
FAA, Los Angeles ACO, 3960 Paramount Boulevard, Lakewood,

[[Page 67024]]

California; or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.

Effective Date

    (f) This amendment becomes effective on December 16, 2003.

    Issued in Renton, Washington, on November 20, 2003.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-29531 Filed 11-28-03; 8:45 am]

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