[Federal Register: January 13, 2003 (Volume 68, Number 8)]
[Rules and Regulations]
[Page 1521-1523]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ja03-5]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2000-NM-166-AD; Amendment 39-13009; AD 2002-26-20]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model DC-9-81 (MD-
81), DC-9-82 (MD-82), and DC-9-83 (MD-83) Airplanes, and Model MD-88
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-9-81 (MD-81), DC-9-82
(MD-82), and DC-9-83 (MD-83) airplanes, and Model MD-88 airplanes, that
requires an inspection of the disconnect panel area above the aft left
lavatory for chafed or damaged wires or unacceptable clearance between
the wires and adjacent structure, and corrective actions, if necessary.
The actions specified by this AD are intended to prevent chafing of
wires at the disconnect panel above the aft left lavatory, which could
result in electrical arcing, and consequent fire in the cabin. This
action is intended to address the identified unsafe condition.
DATES: Effective February 18, 2003.
[[Page 1522]]
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of February 18, 2003.
ADDRESSES: 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 Federal Aviation Administration (FAA), Transport
Airplane Directorate, Rules Docket, 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: Elvin Wheeler, Aerospace Engineer,
Systems and Equipment Branch, ANM-130L, FAA, Los Angeles Aircraft
Certification Office, 3960 Paramount Boulevard, Lakewood, California
90712-4137; telephone (562) 627-5344; fax (562) 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-9-81, -82, and -83 series airplanes, and Model MD-88 airplanes was
published in the Federal Register on March 14, 2002 (67 FR 11453). That
action proposed to require an inspection of the disconnect panel area
above the aft left lavatory for chafed or damaged wires or unacceptable
clearance between the wires and adjacent structure, and corrective
actions, if necessary.
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Request To Withdraw Proposed AD
One commenter suggests that the FAA reconsider mandating the
service bulletin referenced in the proposed AD until other methods of
resolution are investigated. Specifically, the commenter would like the
FAA to work with Jamco and Boeing to develop a better solution, such as
modifying the connector bracket and protecting the adjacent wire
bundle. The commenter states that its airplanes have had wire chafing
in the disconnect panel area above the aft left lavatory, and necessary
precautions were taken to preclude further damage. The commenter notes
that removing the corner of the electrical connector bracket and
protecting the affected wire bundle with Teflon tape has provided an
effective resolution to eliminate wire chafing on its airplanes. The
commenter adds that the corrective action specified in the proposed AD
that would require adjusting the clearance to 0.50 inch with the use of
``tie-wraps,'' cannot be attained without creating a preload condition
that could cause additional wire damage. A second commenter supports
these concerns and suggests that the FAA withdraw the proposed AD and
develop a more effective solution.
We do not agree with the commenters. We investigated the
commenters' concerns and found that the airplane manufacturer did, in
fact, inspect the wires in the aft left disconnect panel for a preload
condition. The inspection revealed that a preload condition should not
exist on the wires if they are ``properly secured'' with tie-wraps to
obtain the 0.50-inch minimum clearance between the wires and the
adjacent structure. If a preload condition is in some way created by
adding the tie-wraps to the wires per the instructions in the service
bulletin, the tie-wraps on the wire bundle, including the tie-wraps
above the bundle, should be cut and reinstalled to obtain the 0.50-inch
clearance, which will eliminate the preload condition. The manufacturer
also investigated the possibility of cutting off the corner of the
electrical connector bracket to eliminate the possibility of wire
chafing, but there was a risk of damaging the existing wires with the
tooling device used. No change to the final rule is necessary in this
regard. However, if data are submitted that provide an alternative
procedure that will offer an acceptable level of safety, we would
consider this under the provisions for an alternative method of
compliance, as provided in paragraph (b) of this final rule.
Explanation of Editorial Change
We have changed the service bulletin citation throughout this final
rule to exclude the Appendix (and Evaluation Form). The service
bulletin recommends that report findings be submitted to the
manufacturer using the Appendix of the service bulletin. However, this
AD does not require that operators submit reports of inspection
findings.
Explanation of Change to Applicability
We have changed the applicability of the proposed AD to identify
model designations as published in the most recent type certificate
data sheet for the affected models.
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 with the changes previously
described. The FAA has determined that these changes will neither
increase the economic burden on any operator nor increase the scope of
the AD.
Cost Impact
There are approximately 1,198 airplanes of the affected design in
the worldwide fleet. The FAA estimates that 586 airplanes of U.S.
registry will be affected by this AD, that it will take approximately 1
work hour per airplane to accomplish the required inspection, and that
the average labor rate is $60 per work hour. Based on these figures,
the cost impact of the AD on U.S. operators is estimated to be $35,160,
or $60 per airplane.
The cost impact figure discussed above is 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. The cost impact figures discussed
in AD rulemaking actions represent only the time necessary to perform
the specific actions actually required by the AD. These figures
typically do not include incidental costs, such as the time required to
gain access and close up, planning time, or time necessitated by other
administrative actions.
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
[[Page 1523]]
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:
2002-26-20 McDonnell Douglas: Amendment 39-13009. Docket 2000-NM-
166-AD.
Applicability: Model DC-9-81 (MD-81), DC-9-82 (MD-82), and DC-9-
83 (MD-83) airplanes, and Model MD-88 airplanes; certificated in any
category; as listed in Boeing Alert Service Bulletin MD80-24A184,
dated October 26, 2000; equipped with Jamco lavatories.
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 (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 chafing of wires at the disconnect panel above the
aft left lavatory, which could result in electrical arcing, and
consequent fire in the cabin, accomplish the following:
Inspection and Corrective Actions
(a) Within 120 days from the effective date of this AD, perform
a general visual inspection of the disconnect panel area above the
aft left lavatory for damaged or chafed wires or unacceptable
clearance between the wires and structure, in accordance with Boeing
Alert Service Bulletin MD80-24A184, excluding Appendix and
Evaluation Form, all dated October 26, 2000.
Note 2: For the purposes of this AD, a general visual inspection
is defined as: ``A visual examination of an interior or exterior
area, installation, or assembly to detect obvious damage, failure,
or irregularity. This level of inspection is made from within
touching distance unless otherwise specified. A mirror may be
necessary to enhance visual access to all exposed surfaces in the
inspection area. This level of inspection is made under normally
available lighting conditions such as daylight, hangar lighting,
flashlight, or droplight and may require removal or opening of
access panels or doors. Stands, ladders, or platforms may be
required to gain proximity to the area being checked.''
(1) Condition 1. If no damaged or chafed wire and if acceptable
clearance (i.e., 0.50-inch minimum) between the wires and adjacent
structure is found, no further action is required by this AD.
(2) Condition 2. If no chafed or damaged wire and if
unacceptable clearance between the wires and adjacent structure is
found, before further flight, secure wires using tie-wraps to obtain
a 0.50-inch minimum clearance, in accordance with the service
bulletin.
(3) Condition 3. If any chafed or damaged wire and unacceptable
clearance between the wires and adjacent structure is found, before
further flight, repair or replace any chafed or damaged wire with a
new wire and secure wires using tie-wraps to obtain a 0.50-inch
minimum clearance, in accordance with the service bulletin.
Alternative Methods of Compliance
(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, Los Angeles Aircraft Certification
Office (ACO), FAA. 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 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Los Angeles ACO.
Special Flight Permits
(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.
Incorporation by Reference
(d) The actions shall be done in accordance with Boeing Alert
Service Bulletin MD80-24A184, excluding Appendix and Evaluation
Form, all dated October 26, 2000. 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 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.
Effective Date
(e) This amendment becomes effective on February 18, 2003.
Issued in Renton, Washington, on January 2, 2003.
Neil D. Schalekamp,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 03-327 Filed 1-10-03; 8:45 am]
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