[Federal Register: December 14, 2004 (Volume 69, Number 239)]
[Proposed Rules]
[Page 74461-74463]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14de04-23]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 74461]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2004-19809; Directorate Identifier 2003-NM-284-AD]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model DC-9-10 Series
Airplanes; Model DC-9-20 Series Airplanes; Model DC-9-30 Series
Airplanes; Model DC-9-40 Series Airplanes; Model DC-9-50 Series
Airplanes; 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 (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede an existing airworthiness
directive (AD) that applies to certain SAFT America Inc., P/N 021929-
000 (McDonnell Douglas P/N 43B034LB02) and P/N 021904-000 (McDonnell
Douglas P/N 43B034LB03) nickel cadmium batteries. The existing AD
currently requires replacing all battery terminal screws, verifying
that the battery contains design specification cells, and replacing the
cells if the battery contains non-design specification cells. This
proposed AD would require an inspection for certain nickel cadmium
batteries and, if necessary, replacing battery terminal screws with new
hex head bolts and adding shims. This proposed AD is prompted by a
report of battery screws shearing off while under normal torque loads.
We are proposing this AD to prevent internal shorting, arcing, and loss
of emergency battery power due to failed battery screws, which could
result in loss of emergency power to electrical flight components or
other emergency power systems required in the event of loss of the
aircraft primary power source.
DATES: We must receive comments on this proposed AD by January 28,
2005.
ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD.
DOT Docket Web site: Go to http: //dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401,
Washington, DC 20590.
Fax: (202) 493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood
Boulevard, Long Beach, California 90846, Attention: Data and Service
Management, Dept. C1-L5A (D800-0024).
You can examine the contents of this AD docket on the Internet at
http://dms.dot.gov, or in person at the Docket Management Facility,
U.S. Department of Transportation, 400 Seventh Street, SW., Room PL-
401, on the plaza level of the Nassif Building, Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Technical information: Daniel Bui, Aerospace Engineer, Systems and
Equipment Branch, ANM-130L, FAA, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137;
telephone (562) 627-5339; fax (562) 627-5210.
Plain language information: Marcia Walters, marcia.walters@faa.gov.
SUPPLEMENTARY INFORMATION:
Docket Management System (DMS)
The FAA has implemented new procedures for maintaining AD dockets
electronically. As of May 17, 2004, new AD actions are posted on DMS
and assigned a docket number. We track each action and assign a
corresponding directorate identifier. The DMS AD docket number is in
the form ``Docket No. FAA-2004-99999.'' The Transport Airplane
Directorate identifier is in the form ``Directorate Identifier 2004-NM-
999-AD.'' Each DMS AD docket also lists the directorate identifier
(``Old Docket Number'') as a cross-reference for searching purposes.
Comments Invited
We invite you to submit any relevant written data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2004-19809;
Directorate Identifier 2003-NM-284-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the proposed AD. We will
consider all comments received by the closing date and may amend the
proposed AD in light of those comments.
We will post all comments we receive, without change, to http://dms.dot.gov
, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact with FAA
personnel concerning this proposed AD. Using the search function of our
docket Web site, anyone can find and read the comments in any of our
dockets, including the name of the individual who sent the comment (or
signed the comment on behalf of an association, business, labor union,
etc.). You can review the DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
can visit http://dms.dot.gov.
We are reviewing the writing style we currently use in regulatory
documents. We are interested in your comments on whether the style of
this document is clear, and your suggestions to improve the clarity of
our communications that affect you. You can get more information about
plain language at http://www.faa.gov/language and http://www.plainlanguage.gov.Examining
the Docket
You can examine the AD docket on the Internet at http://dms.dot.gov
, or in person at the Docket Management Facility office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza
[[Page 74462]]
level of the Nassif Building at the DOT street address stated in the
ADDRESSES section. Comments will be available in the AD docket shortly
after the DMS receives them.
Discussion
On September 14, 1998, we issued AD 98-20-17, amendment 39-10784
(63 FR 50979, September 24, 1998), for certain SAFT America Inc., Part
Number (P/N) 021929-000 (McDonnell Douglas P/N 43BO34LB02) and P/N
021904-000 (McDonnell Douglas P/N 43BO34LB03) nickel cadmium batteries
manufactured prior to December 1997 that are installed on, but not
limited to McDonnell Douglas Model DC-9 and MD-80 airplanes, all serial
numbers. (Since the issuance of that AD, we have re-identified certain
McDonnell Douglas airplane model designations to correlate with the
most recent type certificate data sheets for the affected models.) That
AD requires replacing all battery terminal screws, verifying that the
battery contains design specification cells, and replacing the cells if
the battery contains non-design specification cells. That AD was
prompted by an incident where the cell screws on one of the affected
batteries were exposed to chloride, which caused the heads of some
fasteners to shear off and eventually resulted in the battery
exploding. We issued that AD to prevent that type of occurrence, which
could result in loss of emergency power to electrical flight components
or other emergency power systems required in the event of loss of the
aircraft primary power source.
Actions Since Existing AD Was Issued
Since we issued AD 98-20-17, we have received a report indicating
that the main airplane battery screws that attach the link to
individual battery cells were broken on a McDonnell Douglas Model DC-9-
83 (MD-83) airplane. Investigation revealed that the screws failed to
meet manufacturing quality specifications and resulted in the screw
heads shearing off while under normal torque loads. We have also
determined that the SAFT nickel cadmium batteries specified in the
applicability of AD 98-20-17 are installed only on the McDonnell
Douglas airplane models specified in the applicability of this NPRM,
and cannot be installed on any other airplane model.
Relevant Service Information
We have reviewed Boeing Alert Service Bulletin (ASB) DC9-24A195,
dated December 4, 2003. The ASB describes procedures for a visual
inspection to determine if SAFT batteries having part number (P/N)
021904-000 (Type 43BO34LB03) or P/N 021929-000 (Type 43BO34LB02) are
installed in the airplane and an inspection to determine the code date
of the battery. For battery codes prior to May 2003, the ASB describes
procedures to modify the batteries. The modification consists of
replacing the screws in the battery with new hex head bolts and
installing a shim. Accomplishing the actions specified in the service
information is intended to adequately address the unsafe condition.
The ASB refers to SAFT Service Bulletin 01-02, Revision 2, dated
August 11, 2003, as an additional source of service information for
accomplishing the modification.
FAA's Determination and Requirements of the Proposed AD
We have evaluated all pertinent information and identified an
unsafe condition that is likely to exist or develop on other products
of this same type design. This proposed AD would supersede AD 98-20-17.
This proposed AD would require accomplishing the actions specified in
the service bulletin described previously.
Clarification of Applicability
The Planning Information section of the ASB does not specify Model
DC-9-11, -12, -13, and -15F airplanes in the effectivity of the ASB.
The manufacturer has advised us that those certain models are not
currently in service. Although those models may not currently be in
service, we have no verification that any of those airplanes could not
be returned to service at a future date. Therefore, the applicability
of the proposed AD includes those models.
Although the Planning Information section of the ASB does include a
``DC-9-33'' airplane, the proposed AD does not specify that airplane
model in the applicability. The manufacturer has advised that the
listing of model was inadvertently included in the ASB. The
manufacturer plans to issue an Information Notice to remove the ``DC-9-
33'' airplanes from the effectivity of the ASB.
Costs of Compliance
There are about 1,828 airplanes worldwide of the affected design.
This proposed AD would affect about 1,087 airplanes of U.S. registry.
The proposed inspection to determine if certain SAFT batteries are
installed would take about 1 work hour per airplane, at an average
labor rate of $65 per work hour. Based on these figures, the estimated
cost of the new actions specified in this proposed AD for U.S.
operators is $70,655, or $65 per airplane.
Authority for This Rulemaking
The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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.
This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart III, section 44701, ``General
requirements.'' Under that section, the FAA is charged 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 AD.
Regulatory Findings
We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 the 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. 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.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD. See the ADDRESSES section for a location
to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
[[Page 74463]]
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. The FAA amends Sec. 39.13 by removing amendment 39-10784 (63 FR
50979, September 24, 1998) and adding the following new airworthiness
directive (AD):
McDonnell Douglas: Docket No. FAA-2004-19809; Directorate Identifier
2003-NM-284-AD.
Comments Due Date
(a) The Federal Aviation Administration must receive comments on
this airworthiness directive (AD) action by January 28, 2005.
Affected ADs
(b) This AD supersedes AD 98-20-17, amendment 39-10784 (63 FR
50979, September 24, 1998).
Applicability
(c) This AD applies to McDonnell Douglas Model DC-9-11, DC-9-12,
DC-9-13, DC-9-14, DC-9-15, and DC-9-15F airplanes; Model DC-9-21
airplanes; Model DC-9-31, DC-9-32, DC-9-32 (VC-9C), DC-9-32F, DC-9-
33F, DC-9-34, DC-9-34F, and DC-9-32F (C-9A, C-9B) airplanes; Model
DC-9-41 airplanes; Model DC-9-51 airplanes; 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; equipped with SAFT America Inc. nickel
cadmium batteries having part number (P/N) 021929-000 or P/N 021904-
000 that were manufactured before May 2003; certificated in any
category.
Unsafe Condition
(d) This AD was prompted by a report of battery screws shearing
off while under normal torque loads. We are issuing this AD to
prevent internal shorting, arcing, and loss of emergency battery
power due to failed battery screws, which could result in loss of
emergency power to electrical flight components or other emergency
power systems required in the event of loss of the aircraft primary
power source.
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.
Inspection for SAFT Nickel Cadmium Battery
(f) Within 18 months of the effective date of this AD, perform a
general visual inspection to determine if a nickel cadmium battery
having P/N 021904-000 (Type 43BO34LB03) or P/N 021929-000 (Type
43BO34LB02) is installed, in accordance with Boeing Alert Service
Bulletin (ASB) DC9-24A195, dated December 4, 2003.
(1) If neither P/N is installed, no further action is required
by this paragraph.
(2) If either P/N is installed, before further flight, inspect
the battery to determine if the battery code date is before May
2003, in accordance with the ASB.
(i) If the battery code is dated May 2003 or later, no further
action is required by this paragraph.
(ii) If the battery code is dated before May 2003, before
further flight, modify the battery in accordance with the ASB.
Note 1: For the purposes of this AD, a general visual inspection
is ``a visual examination of a 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
ensure visual access to all surfaces in the inspection area. This
level of inspection is made under normal available lighting
conditions such as daylight, hangar lighting, flashlight or drop-
light 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.''
Parts Installation
(g) As of the effective date of this AD, no person may install
on any airplane a SAFT nickel cadmium battery having either P/N
021904-000 (Type 43B034LB03) or P/N 021929-000 (Type 43BO34LB02),
unless the battery has been modified in accordance with this AD or
the battery code is dated May 2003 or later.
Alternative Methods of Compliance (AMOCs)
(h) The Manager, Los Angles Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested in
accordance with the procedures found in 14 CFR 39.19.
Issued in Renton, Washington, on December 1, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-27327 Filed 12-13-04; 8:45 am]
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