[Federal Register: December 3, 2008 (Volume 73, Number 233)]
[Rules and Regulations]
[Page 73545-73547]
[DOCID:fr03de08-1]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28881; Directorate Identifier 2006-NM-263-AD;
Amendment 39-15663; AD 2008-18-06]
RIN 2120-AA64

Airworthiness Directives; McDonnell Douglas Model DC-9-10, DC-9-
20, DC-9-30, DC-9-40, and DC-9-50 Series Airplanes, Equipped With a
Tail Cone Evacuation Slide Container Installed in Accordance With
Supplemental Type Certificate (STC) ST735SO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for
McDonnell Douglas Model DC-9-10, DC-9-20, DC-9-30, DC-9-40, and DC-9-50
series airplanes, equipped with tail cone evacuation slide containers
as specified above. This AD requires modifying the tail cone slide.
This AD also requires additional tail cone drops and slide deployments,
and repair if necessary. This AD results from several reports of
inadvertent tail cone deployments in which the tail cone slide failed
to deploy. We are issuing this AD to ensure that the tail cone
evacuation slide deploys correctly. Failure of the slide to deploy
during an emergency evacuation could result in injury to flightcrew and
passengers.

DATES: This AD is effective January 7, 2009.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone<PHONE_NUMBER>) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Ken Sujishi, Aerospace Engineer, Cabin
Safety Branch, ANM-150L, FAA, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
McDonnell Douglas Model DC-9-10, DC-9-20, DC-9-30, DC-9-40, and DC-9-50
series airplanes, equipped with certain tail cone evacuation slide
containers. That NPRM was published in the Federal Register on August
6, 2007 (72 FR 43578). That NPRM proposed to require modifying the tail
cone slide. That NPRM also proposed to require additional tail cone
drops and slide deployments, and repair if necessary.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comments received from the one commenter.

Request To Clarify Paragraph (g) of the NPRM

    Northwest Airlines (NWA) requests that we clarify whether the 150-
flight-cycle compliance time specified in paragraph (g) of the NPRM
starts after the first airplane is modified or after the last airplane
is modified. Unless the FAA intends to have operators perform slide
deployments while the fleet is still being modified, NWA recommends
that the 150-flight-cycle clock start after the modification, or within
24 months after the effective date of the AD, whichever occurs first.
NWA also states that it assumes the 150-day compliance clock in that
same paragraph is intended for those operators who have already
complied with the intent of the AD or who will comply very quickly
after issuance of the AD. NWA states that it would be helpful if this
was stated.
    We agree with NWA's request for clarification. Our intent was for
the operator to start and complete the tail cone modification and fly a
minimum of 150 flight cycles before the additional tail cone deployment
test, accomplished within 24 months after the effective date of the AD.
When there are multiple airplanes, the 150 flight cycles apply to each
individual airplane, and start after the modification is done to each
airplane individually.
    Scenario: An operator completes the modification on the first
airplane, and then completes the minimum 150 flight cycles two months
after the modification. After the operator successfully performs the
tail cone slide deployment test on the first airplane, the second
airplane is modified a week later. The second airplane will also be
required to fly a minimum of 150 flight cycles before the deployment
test of the tail cone slide. If the operator has 100 airplanes, then
the operator must demonstrate a successful deployment test on 10
percent (ten) of the modified airplanes as terminating action for the
AD.
    We agree that the proposed 150-day compliance time specified in
paragraph (g) of the NPRM needs not only to be clarified, but also
revised. The 150-day requirement could impose a schedule hardship for
some operators who might need more time to complete the modification.
Our intent was to allow the operator time to modify the tail cone slide
cover and to perform the deployment test after a minimum of 150 flight
cycles after modification, and no later than 24 months after the
effective date of this AD.
    For all these reasons, we have revised paragraph (g) and added a
new paragraph (h) to the AD to clarify the compliance time. The new
paragraph (g) begins as follows: ``* * * no earlier than 150 flight
cycles after doing the modification required by paragraph (f) of this
AD, and no later than 24 months after the effective date of this AD. *
* *'' The new paragraph (h) states that operators should contact the
Manager, Los Angeles Aircraft Certification Office (ACO), FAA, if the

repeat deployment cannot be performed as required by paragraph (g) of
this AD.

Request for Exemption From Proposed Requirements

    NWA also requests exemption from the proposed requirements of
paragraph (g) of the NPRM. NWA states that while performing testing to
obtain Supplemental Type Certificate (STC) ST01967CH, it successfully
performed 5 tail cone drops and slide deployments with the new design
slide installation. NWA believes that the requirement to perform
additional slide deployments is arbitrary, and that the 5 tail cone
drops performed as part of the STC approval are sufficient to prove the
design reliability of its airplanes.
    We disagree with the request for exemption. The 5 tail cone drops
and slide deployments that NWA did during the STC approval process did
not represent the severity of the actual operating environment for the
tail cone, including temperature and high takeoff and landing loads,
nor did they represent repeated flight cycles with various types of
contamination such as dirt and fuel. Tail cone slides must be
overhauled, repacked and re-rigged every 3 years and have no other
maintenance requirements in order to verify successful deployment. We
have not changed the AD in this regard.

Explanation of Change to Paragraph (f) and Removal of Note 1 of the
NPRM

    We have revised paragraph (f) of this AD, and have removed Note 1
of this AD, to remove reference to Northwest Airlines STC ST01967CH and
Northwest Airlines Drawing 9B25-41477, Revision B, dated September 14,
2006; and Northwest Airlines Drawing 9B25-90399, Revision D, dated
December 21, 2006. However, we have approved Northwest Airlines STC
ST01967CH as a method for modifying the tail cone slide. Operators may
contact the Manager, Los Angeles ACO, for information regarding
Northwest Airlines STC ST01967CH for modifying the tail cone slide, as
required by paragraph (f) of this AD.

Conclusion

    We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting the
AD with the changes described previously. We also determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.

Costs of Compliance

    There are about 400 airplanes of the affected design in the
worldwide fleet. This AD affects about 300 airplanes of U.S. registry.
The tail cone drops/slide deployments take about 16 work hours per
airplane, at an average labor rate of $80 per work hour. Required parts
cost about $1,300 per airplane. Based on these figures, the estimated
cost of the AD for U.S. operators is $774,000, or $2,580 per airplane.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation Programs''
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    (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.
    You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 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. The FAA amends Sec.  39.13 by adding the following new AD:

2008-18-06 McDonnell Douglas: Amendment 39-15663. Docket No. FAA-
2007-28881; Directorate Identifier 2006-NM-263-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective January 7,
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to McDonnell Douglas Model DC-9-11, DC-9-12,
DC-9-13, 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-9-33F, DC-9-34, DC-9-34F, DC-9-32F (C-9A,
C-9B), DC-9-41, and DC-9-51 airplanes, certificated in any category,
equipped with a tail cone evacuation slide container installed in
accordance with supplemental type certificate (STC) ST735SO.

Unsafe Condition

    (d) This AD results from several reports of inadvertent tail
cone deployments in which the tail cone slide failed to deploy. We
are issuing this AD to ensure that the tail cone evacuation slide
deploys correctly. Failure of the slide to deploy during an
emergency evacuation could result in injury to flightcrew and
passengers.

Compliance

    (e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Initial Actions to Address Slide Deployment Failures

    (f) Within 24 months after the effective date of this AD: Modify
the tail cone slide in accordance with a method approved by the
Manager, Los Angeles Aircraft Certification Office (ACO), FAA.

Repeat Deployment and Terminating Action

    (g) Except as provided by paragraph (h) of this AD, no earlier
than 150 flight cycles after doing the modification required by
paragraph (f) of this AD, and no later than 24 months after the
effective date of this AD: Do additional tail cone drops and slide
deployments on a minimum of 10 percent of an operator's fleet of
affected airplanes (if fewer than 10 airplanes in the fleet: at
least one airplane).

    (1) If the tailcone and slide deployments are successful
according to the applicable McDonnell Douglas DC-9 airplane
maintenance manual, no further action is required by this AD.
    (2) If any tailcone and slide deployment is unsuccessful
according to the applicable McDonnell Douglas DC-9 airplane
maintenance manual, before further flight, repair in accordance with
a method approved by the Manager, Los Angeles ACO, FAA.

Exception to Compliance Time for Repeat Deployment

    (h) For any airplane on which the repeat tail cone drop
deployment cannot be performed within 24 months after the effective
date of this AD as required by paragraph (g) of this AD: Repeat the
deployment as approved by the Manager, Los Angeles ACO, FAA, in
accordance with the procedures specified in paragraph (i) of this
AD.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, Los Angeles ACO, FAA, ATTN: Ken Sujishi,
Aerospace Engineer, Cabin Safety Branch, ANM-150L, 3960 Paramount
Boulevard, Lakewood, California 90712-4137; telephone (562) 627-
5353; fax<PHONE_NUMBER>; has the authority to approve AMOCs for
this AD, if requested using the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.

Material Incorporated by Reference

    (j) None.

    Issued in Renton, Washington, on November 16, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.
[FR Doc. E8-27937 Filed 12-2-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 62 (Monday, April 3, 2017)]
[Rules and Regulations]
[Pages 16111-16112]
[FR Doc No: 2017-06471]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0222]
RIN 1625-AA00

Safety Zone; Annual Events Requiring Safety Zones in the Captain
of the Port Lake Michigan Zone--Lubbers Cup Regatta

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the safety zone on the Spring
Lake in Spring Lake, MI in the vicinity of Keenan Marina within a
rectangle that is approximately 6,300 by 300 feet for the Lubbers Cup
Regatta on April 8, 2017 and April 9, 2017. This action is necessary
and intended to ensure safety of life on navigable waters immediately
prior to, during, and after the Regatta. During the aforementioned
period, the Coast Guard will enforce restrictions upon, and control
movement of, vessels in the safety zone. No person or vessel may enter
the safety zone while it is being enforced without permission of the
Captain of the Port Lake Michigan or a designated representative.

DATES: The regulations in 33 CFR 165.929 will be enforced for safety
zone (b)(2), Table 165.929, from 7:45 a.m. until 7:15 p.m. on April 8,
2017 and 7:45 a.m. until 12:15 p.m. on April 9, 2017.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
document, call or email marine event coordinator, Prevention
Department, Coast Guard Sector Lake Michigan, Milwaukee, WI at (414)
747-7148, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Lubbers Cup
Regatta safety zone listed as item (b)(2) in Table 165.929 of 33 CFR
165.929. Section 165.929 lists many annual events requiring safety
zones in the Captain of the Port Lake Michigan zone. This safety zone
will encompass all waters of Spring Lake in Spring Lake, Michigan in
the vicinity of Keenan Marina within a rectangle that is

approximately 6,300 by 300 feet. The rectangle will be bounded by
points beginning at 43[deg]04.914' N., 086[deg]12.525' W.; then east to
43[deg]04.958' N., 086[deg]11.104' W.; then south to 43[deg]04.913' N.,
086[deg]11.096' W.; then west to 43[deg]04.867' N., 086[deg]12.527' W.;
then north back to the point of origin. (NAD 83). As specified in 33
CFR 165.929, all vessels must obtain permission from the Captain of the
Port Lake Michigan or a designated representative to enter, move
within, or exit the safety zone when it is enforced. Vessels and
persons granted permission to enter the safety zone must obey all
lawful orders or directions of the Captain of the Port Lake Michigan or
a designated representative.
    This document is issued under authority of 33 CFR 165.929, Safety
Zones; Annual events requiring safety zones in the Captain of the Port
Lake Michigan zone, and 5 U.S.C. 552(a). In addition to this
publication in the Federal Register, the Coast Guard plans to provide
the maritime community with advance notification for the enforcement of
this zone via Broadcast Notice to Mariners or Local Notice to Mariners.
The Captain of the Port Lake Michigan or a representative may be
contacted via Channel 16, VHF-FM.

    Dated: March 28, 2017.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2017-06471 Filed 3-31-17; 8:45 am]
 BILLING CODE 9110-04-P