[Federal Register: January 30, 2004 (Volume 69, Number 20)]
[Rules and Regulations]
[Page 4448-4450]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ja04-2]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-82-AD; Amendment 39-13444; AD 2004-02-09]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model DC-9-81 (MD-
81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), and 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), DC-9-83 (MD-83), DC-9-87 (MD-87), and MD-88 airplanes. This
action requires a one-time visual inspection to determine if discrepant
circuit breakers are installed, and corrective action if necessary.
This action is necessary to prevent internal overheating and arcing of
circuit breakers and airplane wiring due to long-term use and breakdown
of internal components of the circuit breakers, which could result in
smoke and fire in the flight compartment and main cabin. This action is
intended to address the identified unsafe condition.
DATES: Effective March 5, 2004.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of March 5, 2004.
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 K. 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 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), and
MD-88 airplanes was published in the Federal Register on May 23, 2003
(68 FR 28175). That action proposed to require a one-time visual
inspection to determine if discrepant circuit breakers are installed,
and corrective action 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.
[[Page 4449]]
Support for Proposed AD
One commenter concurs with the proposed AD.
Request To Delay Rule Until Certain Part Numbers (P/N) Are Removed From
Manufacturer's Parts List
The other commenter, an operator, requests that the final rule not
be released until the Wood Electric circuit breaker P/Ns are removed
from Boeing's Approved Equivalent Parts List. The commenter states that
Boeing should ensure that the affected parts are purged from the Boeing
specification part stock, with the supporting documentation reflecting
only acceptable parts. The commenter further states that the Wood
Electric circuit breaker P/Ns are still approved to the Boeing
specification numbers listed in the referenced alert service bulletin
as the parts to be installed for the terminating action specified in
the proposed AD. The commenter asserts that this will increase the
possibility that the discrepant circuit breakers may still be installed
on airplanes in the future.
We do not agree. We have confirmed with the manufacturer, Boeing,
that it has revised the Approved Equivalent Parts List and inserted an
``x'' code by all Wood Electric circuit breakers. This prohibits those
parts from being ordered and installed. The Wood Electric circuit
breakers are no longer being manufactured and have been out of
production for over twenty years, and, therefore, are no longer
available from parts stock. Boeing Alert Service Bulletin MD80-24A194,
Revision 01, dated March 11, 2003, referenced in this final rule,
specifies that Wood Electric Corporation and Wood Electric Division of
Potter Brumfield Corporation circuit breakers be replaced with
currently approved circuit breakers. No change to this final rule is
necessary.
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 as proposed.
Changes to 14 CFR Part 39/Effect on the AD
On July 10, 2002, the FAA issued a new version of 14 CFR part 39
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness
directives system. The regulation now includes material that relates to
altered products, special flight permits, and alternative methods of
compliance. However, for clarity and consistency in this final rule, we
have retained the language of the NPRM regarding that material.
Increase in Labor Rate
After the proposed rule was issued, we reviewed the figures we use
to calculate the labor rate to do the required actions. To account for
various inflationary costs in the airline industry, we find it
appropriate to increase the labor rate used in these calculations from
$60 per work hour to $65 per work hour. The economic impact
information, below, has been revised to reflect this increase in the
specified hourly labor rate.
Cost Impact
There are approximately 1,177 airplanes of the affected design in
the worldwide fleet. The FAA estimates that 709 airplanes of U.S.
registry will be affected by this AD, that it will take approximately
80 work hours per airplane to accomplish the required inspection of the
circuit breakers (over 700 installed on each airplane), and that the
average labor rate is $65 per work hour. Based on these figures, the
cost impact of the AD on U.S. operators is estimated to be $3,686,800,
or $5,200 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 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:
2004-02-09 McDonnell Douglas: Amendment 39-13444. Docket 2002-NM-82-
AD.
Applicability: Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83
(MD-83), DC-9-87 (MD-87), and MD-88 airplanes; as listed in Boeing
Alert Service Bulletin MD80-24A194, Revision 01, dated March 11,
2003; certificated in any category.
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 (c) 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 internal overheating and arcing of circuit breakers
and airplane wiring due to long-term use and breakdown of internal
components of the circuit breakers, which could result in smoke and
fire in the flight compartment and main cabin, accomplish the
following:
Inspection and Replacement, if Necessary
(a) Within 18 months after the effective date of this AD:
Perform a one-time general visual inspection of the circuit breakers
to determine if discrepant circuit breakers are installed (includes
circuit breakers
[[Page 4450]]
manufactured by Wood Electric and Wood Electric Division of
Brumfield Potter Corporations, and incorrect circuit breakers
installed per Boeing Alert Service Bulletin MD80-24A194, dated
February 19, 2002), per Boeing Alert Service Bulletin MD80-24A194,
Revision 01, dated March 11, 2003.
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) If no discrepant circuit breaker is found: No further action
is required by this paragraph.
(2) If any discrepant circuit breaker is found: Before further
flight, replace the circuit breaker with a new, approved circuit
breaker, per the service bulletin.
Part Installation
(b) As of the effective date of this AD, no person shall
install, on any airplane, a circuit breaker having a part number
listed in the ``Existing Part Number'' column in the table specified
in paragraph 2.C.2. of Boeing Alert Service Bulletin MD80-24A194,
Revision 01, dated March 11, 2003.
Alternative Methods of Compliance
(c) 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 Permit
(d) 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
(e) The actions shall be done in accordance with Boeing Alert
Service Bulletin MD80-24A194, Revision 01, dated March 11, 2003.
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
(f) This amendment becomes effective on March 5, 2004.
Issued in Renton, Washington, on January 20, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-1913 Filed 1-29-04; 8:45 am]
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