[Federal Register: November 26, 2004 (Volume 69, Number 227)]
[Rules and Regulations]
[Page 68777-68779]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26no04-11]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2000-NM-171-AD; Amendment 39-13876; AD 2004-23-21]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model DC-9-81 (MD-
81), DC-9-82 (MD-82), DC-9-83 (MD-83), and DC-9-87 (MD-87) 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), DC-9-83 (MD-83), and DC-9-87 (MD-87) airplanes; and Model MD-
88 airplanes. This amendment requires a general visual inspection for
chafing of the power feeder cables of the auxiliary power unit (APU),
and repair if necessary. This amendment also requires replacement of a
support bracket located on the left side of the lower cargo compartment
with a new ``U'' shaped bracket. This action is necessary to prevent
chafing of the power feeder cables of the APU, which could result in
electrical arcing to adjacent structure and consequent fire in the
airplane. This action is intended to address the identified unsafe
condition.
DATES: Effective January 3, 2005.
The incorporation by reference of a certain publication listed in
the regulations is approved by the Director of the Federal Register as
of January 3, 2005.
ADDRESSES: The service information referenced in this AD may be
obtained from Boeing Commercial Airplanes, 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 National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call (202) 741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.
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 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), and DC-9-87 (MD-87)
airplanes; and Model MD-88 airplanes; was published in the Federal
Register on June 18, 2003 (68 FR 36523). That action proposed to
require a general visual inspection for chafing of the power feeder
cables of the auxiliary power unit (APU), and repair if necessary. That
action also proposed to require replacement of a support bracket
located on the left side of the lower cargo compartment with a new
``U'' shaped bracket.
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.
Support for Proposed Rule
One commenter supports the proposed rule.
Request to Allow Alternative Method of Compliance (AMOC) Granted
Previously
The other commenter requests that an AMOC previously granted for AD
94-09-02, amendment 39-8890 (59 FR 18720, April 20, 1994), be allowed
to satisfy the requirements of the proposed rule. The commenter notes
that AD 94-09-02 was previously issued to address a similar unsafe
condition in the same area of the airplane, and that McDonnell Douglas
MD-80 Service Bulletin 24-105 was approved as an AMOC for that AD. The
commenter states that some of its airplanes had doublers previously
installed to support the seat track in the modification area per that
AMOC. The bracket identified in Revision 02 of McDonnell Douglas Alert
Service Bulletin MD80-24A105 (referenced in the proposed rule as the
appropriate source of service information for accomplishing the
specified actions) could not be used at these locations; therefore, the
commenter retained the doubler-bracket in lieu of the new bracket
specified in the service bulletin.
The FAA does not agree to allow the specified AMOC granted for AD
94-09-02 to satisfy the requirements of this AD. That AMOC was granted
based on information contained in McDonnell Douglas MD-80 Service
Bulletin 24-105, dated August 15, 1989. However, since that AD was
issued and that AMOC granted, McDonnell Douglas Alert Service Bulletin
MD80-24A105, Revision 02, dated January 24, 2000, was released. That
revision, which was also upgraded to alert status, specifically
requires additional work for airplanes previously modified in
accordance with previous issues of that service bulletin. Therefore,
airplanes on which the described AMOC was approved are subject to the
unsafe condition addressed by this AD, and operators must accomplish
the actions required by this AD. No change to the final rule is made in
this regard.
Request To Revise the Work-Hour Estimate of the Cost Impact Section
The same commenter points out that the proposed rule estimates 1
work hour to accomplish the proposed actions; however, McDonnell
Douglas Alert Service Bulletin MD80-24A105, Revision 02, lists 3 work
hours for those actions--a figure which the commenter asserts more
closely reflects the time required for the specified tasks.
From this comment, we infer that the commenter is requesting that
we revise the work-hour estimate in the Cost Impact section of the
proposed rule. We do not agree. As stated in the preamble
[[Page 68778]]
of the proposed rule, the cost impact figures discussed in AD
rulemaking actions represent only the time necessary to perform the
specific actions actually required by the AD. Those 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. The work-hour figure listed in the referenced
service bulletin includes time for access and close up. No change is
made to the final rule in this regard.
Clarification of Requirements of Paragraph (c) of the Final Rule
We inadvertently omitted reference to the specific service
information for accomplishing the required support bracket replacement
specified in paragraph (c) of the proposed rule. It was our intent that
the required replacement be accomplished in accordance with McDonnell
Douglas Alert Service Bulletin MD80-24A105, Revision 02, dated January
24, 2000. We have revised paragraph (c) of this final rule to specify
that the required replacement be done in accordance with that service
bulletin.
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 change previously
described. The FAA has determined that this change will neither
increase the economic burden on any operator nor increase the scope of
the AD.
Labor Rate Increase
After the proposed rule was issued, we reviewed the figures we have
used over the past several years to calculate AD costs to operators. To
account for various inflationary costs in the airline industry, we find
it necessary to increase the labor rate used in these calculations from
$60 per work hour to $65 per work hour. The cost impact information,
below, reflects this increase in the specified hourly labor rate.
Cost Impact
There are approximately 634 airplanes of the affected design in the
worldwide fleet. The FAA estimates that 438 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 replacement
of the bracket, and that the average labor rate is $65 per work hour.
Required parts will cost approximately $147 per airplane. Based on
these figures, the cost impact of the AD on U.S. operators is estimated
to be $92,856, or $212 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:
2004-23-21 McDonnell Douglas: Amendment 39-13876. Docket 2000-NM-
171-AD.
Applicability: Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83
(MD-83), and DC-9-87 (MD-87) airplanes; and Model MD-88 airplanes;
as listed in McDonnell Douglas Alert Service Bulletin MD80-24A105,
Revision 02, dated January 24, 2000; certificated in any category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent chafing of the power feeder cables of the auxiliary
power unit (APU), which could result in electrical arcing to
adjacent structure and consequent fire in the airplane; accomplish
the following:
No Reporting Requirement
(a) Although the alert service bulletin referenced in this AD
specifies to submit information to the manufacturer, this AD does
not include such a requirement.
Inspection for Chafing
(b) Within 1 year after the effective date of this AD, perform a
general visual inspection for chafing of the power feeder cables of
the auxiliary power unit, in accordance with McDonnell Douglas Alert
Service Bulletin MD80-24A105, Revision 02, dated January 24, 2000.
(1) If no chafing is detected, no further action is required by
this paragraph.
(2) If any chafing is detected, before further flight, repair
the cable(s) per the alert service bulletin.
Note 1: 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.''
Replacement of a Support Bracket
(c) Within 1 year after the effective date of this AD, replace
the support bracket for the power feeder cable located on the left
side of the lower cargo compartment between fuselage stations
Y=218.000 and Y=237.000 with a new ``U'' shaped bracket, in
accordance with McDonnell Douglas Alert Service Bulletin MD80-
24A105, Revision 02, dated January 24, 2000.
Alternative Methods of Compliance
(d) In accordance with 14 CFR 39.19, the Manager, Los Angeles
Aircraft Certification Office (ACO), FAA, is authorized to approve
alternative methods of compliance for this AD.
[[Page 68779]]
Incorporation by Reference
(e) The actions shall be done in accordance with McDonnell
Douglas Alert Service Bulletin MD80-24A105, Revision 02, dated
January 24, 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 Airplanes, 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
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call (202) 741-6030,
or go to: http://www. archives. gov/ federal-- register/ code--of--
federal-- regulations/ ibr-- locations. html.
Effective Date
(f) This amendment becomes effective on January 3, 2005.
Issued in Renton, Washington, on November 10, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-25786 Filed 11-24-04; 8:45 am]
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