Airworthiness Directives; McDonnell Douglas Model DC-8, DC-9, and DC-9-80 Series Airplanes; Model MD-88 Airplanes; and C-9 (Military) Airplanes

DEPARTMENT OF TRANSPORTATION

14 CFR Part 39

[Docket No. 93-NM-156-AD]

Airworthiness Directives; McDonnell Douglas Model DC-8, DC-9, and

DC-9-80 Series Airplanes; Model MD-88 Airplanes; and C-9 (Military)

Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking; reopening of

comment period.

-----------------------------------------------------------------------

SUMMARY: This document revises an earlier proposed airworthiness

directive (AD), applicable to certain McDonnell Douglas Model DC-8, DC-

9, and DC-9-80 series airplanes; Model MD-88 airplanes; and C-9

(military) airplanes, that would have required inspection of the center

and side windshields, and replacement of discrepant windshields. That

proposal was prompted by reports that the core ply of certain

windshields were incorrectly tempered during the manufacturing process.

This action revises the proposed rule by adding another windshield to

the list of suitable replacement windshields and referencing the part

number for the left side windshield. The actions specified by this

proposed AD are intended to prevent failure of the windshield.

DATES: Comments must be received by March 17, 1994.

ADDRESSES: Submit comments in triplicate to the Federal Aviation

Administration (FAA), Transport Airplane Directorate, ANM-103,

Attention: Rules Docket No. 93-NM-156-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. -

The service information referenced in the proposed rule may be

obtained from McDonnell Douglas Corporation, P.O. Box 1771, Long Beach,

California 90801-1771, Attention: Business Unit Manager, Technical

Administrative Support, Department L51, M.C. 2-98. This information may

be examined at the FAA, Transport Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington; or at FAA, Transport Airplane

Directorate, Los Angeles Aircraft Certification Office, 3229 East

Spring Street, Long Beach, California.

FOR FURTHER INFORMATION CONTACT: David Hempe, Aerospace Engineer,

Airframe Branch, ANM-122L, FAA, Transport Airplane Directorate, Los

Angeles Aircraft Certification Office, 3229 East Spring Street, Long

Beach, California 90806-2425; telephone (310) 988-5224; fax (310) 988-

5210; or Mike Lee, Aerospace Engineer, Airframe Branch, ANM-122L, FAA,

Transport Airplane Directorate, Los Angeles Aircraft Certification

Office, 3229 East Spring Street, Long Beach, California 90806-2425;

telephone (310) 988-5325; fax (310) 988-5210.

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 93-NM-156-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. 93-NM-156-AD, 1601 Lind Avenue, SW., Renton, Washington

98055-4056.

Discussion -

A proposal to amend part 39 of the Federal Aviation Regulations to

add an airworthiness directive (AD), applicable to certain McDonnell

Douglas Model DC-8, DC-9, and DC-9-80 series airplanes; Model MD-88

airplanes; and C-9 (military) airplanes, was published as a notice of

proposed rulemaking (NPRM) in the Federal Register on October 13, 1993

(58 FR 52932). That NPRM would have required inspection of the center

and side windshields, and replacement of discrepant windshields. That

NPRM was prompted by reports that the core ply of certain windshields

were incorrectly tempered during the manufacturing process. That

condition, if not corrected, could result in failure of the windshield.

-

Since the issuance of that NPRM, the FAA has received several

comments from the manufacturer that have caused the FAA to reconsider

its position on certain aspects of the proposed rule. -

McDonnell Douglas points out that Revision 2 of McDonnell Douglas

Alert Service Bulletins A56-16, dated December 13, 1993 (for Model DC-8

series airplanes), and A56-15, dated November 9, 1993 (for Model DC-9

series airplanes), lists another alternative for a suitable windshield

replacement. McDonnell Douglas requests that paragraphs (a)(2) and

(b)(2) of the proposal be revised to include windshields manufactured

by Pilkington Aerospace after October 1993 as suitable replacement

windshields. The FAA concurs. The FAA has verified that Pilkington

Aerospace has revised its manufacturing process that previously

produced incorrectly tempered core plies in these windshields.

Therefore, the FAA has determined that center and side windshields

manufactured by Pilkington Aerospace after September 30, 1993, are

acceptable replacements for discrepant windshields. Paragraphs

(a)(2)(iii) and (b)(2)(iii) have been added to this supplemental NPRM

to include this third alternative to the list of acceptable replacement

windshields. -

The FAA has reviewed and approved Revision 2 of McDonnell Douglas

Alert Service Bulletins A56-16, dated December 13, 1993 (for Model DC-8

series airplanes), and A56-15, dated November 9, 1993 (for Model DC-9

series airplanes), that describe procedures to inspect and replace

center windshields (for Model DC-8 series airplanes), and center and

side windshields (for Model DC-9 series airplanes) that were

manufactured by Pilkington Aerospace. The service bulletins list the

following windshields as acceptable replacement windshields:

1. Windshields that have not been manufactured by Pilkington

Aerospace.

2. Windshields that have been manufactured by Pilkington, but have

been recertified and re-identified.

3. Windshields that have been manufactured by Pilkington after

September 30, 1993.

Paragraphs (a) and (b) of this supplemental NPRM have been revised

to reference this revision of the service bulletins as the appropriate

source of service information. Additionally, a note has been added to

the compliance section of this supplemental NPRM to indicate that

accomplishment of the requirements contained in previous revisions of

these service bulletins would constitute compliance with the

requirements of this AD.

Further, the manufacturer indicates that paragraphs (b) and (c) of

the proposal only list the part number for the right side windshield

for the inspection and replacement requirements. McDonnell Douglas

requests to revise the rule by including the left side windshield, part

number 5912290-502, for inspection and replacment. The FAA concurs.

References to inspection and replacement of the left side windshield

were inadvertently omitted from the NPRM; therefore, paragraphs (b) and

(c) of this supplemental NPRM have been revised to add these

requirements and part number references.

Since these changes expand the scope of the originally proposed

rule, the FAA has determined that it is necessary to reopen the comment

period to provide additional opportunity for public comment.

There are approximately 235 Model DC-8 series airplanes of the

affected design in the worldwide fleet. The FAA estimates that 140

airplanes of U.S. registry would be affected by this proposed AD, that

it would take approximately 0.5 work hour per airplane to accomplish

the proposed inspection, and that the average labor rate is $55 per

work hour. Based on these figures, the total cost impact of the

proposed AD on U.S. operators of Model DC-8 series airplanes is

estimated to be $3,850, or $27.50 per airplane. This total cost figure

assumes that no operator has yet accomplished the proposed requirements

of this AD action.

There are approximately 1,978 Model DC-9 and DC-9-80 series

airplanes, Model MD-88 airplanes, and C-9 (military) airplanes of the

affected design in the worldwide fleet. The FAA estimates that 1,079

airplanes of U.S. registry would be affected by this proposed AD, that

it would take approximately 0.5 work hour per airplane to accomplish

the proposed inspection, and that the average labor rate is $55 per

work hour. Based on these figures, the total cost impact of the

proposed AD on U.S. operators of Model DC-9 and DC-9-80 series

airplanes, Model MD-88 airplanes, and C-9 (military) airplanes is

estimated to be $29,673, or $27.50 per airplane. This total cost figure

assumes that no operator has yet accomplished the proposed requirements

of this AD action.

Based on the figures discussed above, the total cost impact of the

proposed inspection actions on U.S. operators is estimated to be

$33,523. This total cost figure assumes that no operator has yet

accomplished the proposed requirements of this AD action.

Should an inspection reveal that a discrepant windshield was

installed, the replacement of that windshield would require

approximately 10 additional work hours to accomplish, at an average

labor rate of $55 per work hour. Required replacement parts would be

provided at no cost to operators. Based on these figures, the total

cost impact for the replacement of discrepant windshields for U.S.

operators would be $550 per airplane.

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 14

CFR part 39 of the Federal Aviation Regulations as follows:

PART 39--AIRWORTHINESS DIRECTIVES

1. The authority citation for part 39 continues to read as follows:

Authority: 49 U.S.C. App. 1354(a), 1421 and 1423; 49 U.S.C.

106(g); and 14 CFR 11.89.

39.13 [Amended]

2. Section 39.13 is amended by adding the following new

airworthiness directive:

McDonnell Douglas: Docket 93-NM-156-AD.

Applicability: Model DC-8-60 and -70 series airplanes on which

the center windshield has been replaced after February 1992; and

Model DC-9-10, -20, -30, -40, and -50 series airplanes, Model DC-9-

81, -82, -83, and -87 airplanes, Model MD-88 airplanes, and C-9

(military) airplanes, on which the center and/or side windshield(s)

has been replaced after February 1992; certificated in any category.

Compliance: Required as indicated, unless accomplished

previously.

Note 1: Replacement of any subject windshield that has been

accomplished prior to the effective date of this amendment in

accordance with McDonnell Douglas DC-8 Service Bulletin A56-16,

dated June 15, 1993, or Revision 1, dated July 1, 1993 (for Model

DC-8 series airplanes); or McDonnell Douglas DC-9 Alert Service

Bulletin A56-15, dated June 15, 1993, or Revision 1, dated September

15, 1993; is considered acceptable for compliance with the

applicable action specified in this amendment.

To prevent failure of the windshield, accomplish the following:

(a) For Model DC-8-60 and -70 series airplanes: Within 30 days

after the effective date of this AD, perform a visual inspection of

the center windshield to determine the manufacturer.

(1) If the windshield was not manufactured by Pilkington

Aerospace: No further action is required by this AD.

(2) If the center windshield, part number 5887275-501, was

manufactured by Pilkington Aerospace: Prior to further flight,

replace the center windshield with one of the windshields specified

in paragraph (a)(2)(i), (a)(2)(ii), or (a)(2)(iii) of this AD, in

accordance with McDonnell Douglas DC-8 Alert Service Bulletin A56-

16, Revision 2, dated December 13, 1993.

(i) A center windshield that was not manufactured by Pilkington

Aerospace; or

(ii) A center windshield that has been manufactured by

Pilkington Aerospace, but recertified and re-identified by

Pilkington Aerospace.

(iii) A center windshield that was manufactured by Pilkington

Aerospace after September 30, 1993.

(b) For Model DC-9-10, -20, -30, -40, and -50 series airplanes;

Model DC-9-81, -82, -83, and -87 airplanes; Model MD-88 airplanes;

and C-9 (military) airplanes: Within 30 days after the effective

date of this AD, perform a visual inspection of the center

windshield and side windshield to determine the manufacturer.

(1) If the center and side windshields were not manufactured by

Pilkington Aerospace: No further action is required by this AD.

(2) If the center windshield, part number 5887275-501, or side

windshields, part numbers 5912290-501 and 5912290-502, were

manufactured by Pilkington Aerospace: Prior to further flight,

replace the center and/or side windshield(s) with one of the

windshields specified in paragraph (b)(2)(i), (b)(2)(ii), or

(b)(2)(iii) of this AD, in accordance with McDonnell Douglas DC-9

Alert Service Bulletin A56-15, Revision 2, dated November 9, 1993.

(i) A center and/or side windshield(s) that was not manufactured

by Pilkington Aerospace; or

(ii) A center and/or side windshield(s) that has been

manufactured by Pilkington Aerospace, but recertified and re-

identified by Pilkington Aerospace.

(iii) A center and/or side windshield(s) that was manufactured

by Pilkington after September 30, 1993.

(c) As of the effective date of this AD, no person shall install

on any airplane a center windshield, part number 5887275-501, or

side windshields, part numbers 5912290-501 and 5912290-502, that

have been manufactured by Pilkington Aerospace between February 1,

1992 and September 30, 1993. Those windshields must be recertified

and re-identified by Pilkington Aerospace before use.

(d) 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.

(e) Special flight permits may be issued in accordance with FAR

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 February 9, 1994.

Darrell M. Pederson,

Acting Manager, Transport Airplane Directorate, Aircraft Certification

Service.

[FR Doc. 94-3462 Filed 2-14-94; 8:45 am]

BILLING CODE 4910-13-U