AD 96-28321

[Federal Register Volume 61, Number 215 (Tuesday, November 5, 1996)] [Proposed Rules] [Pages 56919-56921] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-28321]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96-NM-124-AD] RIN 2120-AA64

Airworthiness Directives; McDonnell Douglas Model DC-9 and Model DC-9-80 Series Airplanes, Model MD-88 Airplanes, and C-9 (Military) Series Airplanes Equipped With BFGoodrich Evacuation Slides

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness directive (AD) that is applicable to certain McDonnell Douglas Model DC-9 and Model DC-9-80 series airplanes, Model MD-88 airplanes, and C-9 (military) series airplanes. This proposal would require modification of the girt and firing lanyard stowage. This proposal is prompted by reports of in-cabin inflation of certain evacuation slides due to the impingement of the galley service cart on the slide girt and firing lanyard. The actions specified by the proposed AD are intended to prevent inadvertent inflation of the evacuation slides inside the cabin, which could contribute to injury of passengers and/or flightcrew in the passenger cabin.

DATES: Comments must be received by December 16, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Transport Airplane Directorate, ANM-103, Attention: Rules Docket No. 96-NM-124-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-4056. Comments may be inspected at this location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal holidays. The service information referenced in the proposed rule may be obtained from BFGoodrich Company, Aircraft Evacuation Systems, Department 7916, Phoenix, Arizona 85040. This information may be examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Tracy Ton, Aerospace Engineer, Systems and Equipment Branch, ANM-130L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 90712; telephone (310) 627-5352; fax (310) 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 notice may be changed in light of the comments received. 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 submitted in response to this notice must submit a self-addressed, stamped postcard on which the following statement is made: ``Comments to Docket Number 96-NM-124-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-103, Attention: Rules Docket No. 96-NM-124-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-4056.

Discussion

The FAA has received several reports of certain BFGoodrich evacuation slides installed on McDonnell Douglas Model DC-9-80 series airplanes inadvertently inflating inside the passenger cabin. The

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cause of these in-cabin inflations is the impingement of the galley service cart on the slide girt and firing lanyard of the evacuation slide. Such an impingement can snag the firing lanyard (or handle), and, consequently, fire the slide when the cart is moved. This condition, if not corrected, could contribute to injury of passengers and/or flightcrew in the passenger cabin. The BFGoodrich evacuation slides installed on Model DC-9 series airplanes and Model MD-88 airplanes are identical to those installed on the affected Model DC-9-80 series airplanes. Therefore, all of these models may be subject to this same unsafe condition.

Explanation of Relevant Service Information

The FAA has reviewed and approved BFGoodrich Service Bulletin 25- 280, Revision 2, dated August 15, 1996, which describes procedures for modification of the girt and firing lanyard stowage. The modification provides a cover for the firing lanyards, changes the firing lanyard handle shape, and ensures consistent folding of the girt when the girt bar is installed in the floor fittings (armed condition) of the airplane.

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 require modification of the girt and firing lanyard stowage. The actions would be required to be accomplished in accordance with the service bulletin described previously.

Explanation of the Applicability of the Proposed Rule

Operators should note that the applicability of this proposed rule affects certain McDonnell Douglas series airplanes that are equipped with certain BFGoodrich evacuation slides. The FAA's general policy is that, when an unsafe condition results from the installation of an appliance or other item that is installed in only one particular make and model of aircraft, the AD is issued so that it is applicable to the aircraft, rather than the item. The reason is simple: Making the AD applicable to the airplane model on which the item is installed ensures that operators of those airplanes will be notified directly of the unsafe condition and the action required to correct it. While it is assumed that an operator will know the models of the airplanes that it operates, there is a potential that the operator will not know or be aware of specific items that are installed on its airplanes. It is for this reason that this proposed AD would be applicable to Model DC-9 and Model DC-9-80 series airplanes, Model MD-88 airplanes, and C-9 (military) series airplanes, rather than to the BFGoodrich evacuation slides. Additionally, calling out the airplane model as the subject of the AD prevents ``unknowing non-compliance'' on the part of the operator.

Cost Impact

There are approximately 300 BFGoodrich evacuation slides installed on 100 McDonnell Douglas Model DC-9 and Model DC-9-80 series airplanes, Model MD-88 airplanes, and C-9 (military) series airplanes of the affected design in the worldwide fleet. The FAA estimates that 180 BFGoodrich evacuation slide installed on 60 airplanes of U.S. registry would be affected by this proposed AD, that it would take approximately 2 work hours per slide to accomplish the proposed actions, and that the average labor rate is $60 per work hour. Required parts would cost approximately $75 per forward slide and $100 per aft slide. Based on these figures, the cost impact of the proposed AD on U.S. operators is estimated to be $195 per forward slide and $220 per aft slide. The cost impact figure discussed above is based on assumptions that no operator has yet accomplished any of the proposed 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 proposed herein would 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 proposal would not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. 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 adding the following new airworthiness directive:

McDonnell Douglas: Docket 96-NM-124-AD.

Applicability: Model DC-9-10, -20, -30, -40, and -50 series airplanes; Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87) series airplanes, Model MD-88 airplanes; and C-9 (military) series airplanes; equipped with BFGoodrich Evacuation Slides, as listed in BFGoodrich Service Bulletin 25-280, Revision 2, dated August 15, 1996; certificated in any category.

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 (b) 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 in-cabin inflation of the evacuation slides, which could contribute to injury of passengers and/or flightcrew in the passenger cabin, accomplish the following: (a) Within 36 months after the effective date of this AD, modify the girt and firing lanyard stowage in accordance with BFGoodrich Service Bulletin 25-280, Revision 2, dated August 15, 1996. (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, Standardization Branch, ANM-113, FAA,

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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, Standardization Branch, ANM-113.

Note 2: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Standardization Branch, ANM-113.

(c) 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.

Issued in Renton, Washington, on October 29, 1996. Darrell M. Pederson, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 96-28321 Filed 11-4-96; 8:45 am] BILLING CODE 4910-13-U