[Federal Register: June 27, 2005 (Volume 70, Number 122)]
[Rules and Regulations]
[Page 36824-36826]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jn05-8]
[[Page 36824]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2004-19809; Directorate Identifier 2003-NM-284-AD;
Amendment 39-14155; AD 2005-13-18]
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), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is superseding an existing airworthiness directive
(AD), which applies to certain SAFT America Inc. part number (P/N)
021929-000 (McDonnell Douglas P/N 43B034LB02) and P/N 021904-000
(McDonnell Douglas P/N 43B034LB03) nickel cadmium batteries. That 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 new
AD requires an inspection for certain nickel cadmium batteries and, if
necessary, replacing battery terminal screws with new hex head bolts
and adding shims. This AD is 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.
DATES: This AD becomes effective August 1, 2005.
The incorporation by reference of a certain publication listed in
the AD is approved by the Director of the Federal Register as of August
1, 2005.
ADDRESSES: For service information identified in this 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).
Docket: The AD docket contains the proposed AD, comments, and any
final disposition. 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 level of the Nassif Building at the U.S.
Department of Transportation, 400 Seventh Street SW., room PL-401,
Washington, DC. This docket number is FAA-2004-19809; the directorate
identifier for this docket is 2003-NM-284-AD.
FOR FURTHER INFORMATION CONTACT: 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.
SUPPLEMENTARY INFORMATION: The FAA proposed to amend part 39 of the
Federal Aviation Regulations (14 CFR part 39) with an AD to supersede
AD 98-20-17, amendment 39-10784 (63 FR 50979, September 24, 1998). The
existing AD applies to 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 DC-9 and MD-80
aircraft, all serial numbers. The proposed AD, which is applicable to
certain McDonnell Douglas transport category airplanes, was published
in the Federal Register on December 14, 2004 (69 FR 74461), to require
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. The proposed AD also
proposed to require an inspection for certain nickel cadmium batteries
and, if necessary, replacing battery terminal screws with new hex head
bolts and adding shims.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments that have been
submitted on the proposed AD.
Request for a Better Identification of the Modification
One commenter requests that the proposed AD provide a better way of
identifying the modification. The commenter states that identifying the
modification with a sticker, as specified in SAFT Mandatory Service
Bulletin 01-02, Revision 2, dated August 11, 2003, makes it difficult
for airlines to track compliance. The commenter notes that stickers
have been known to come unglued in the presence of water, acid, and
heat, all of which exist around battery locations. If a sticker becomes
unglued and lost, this gives the appearance of non-compliance to the
AD. The commenter suggests requiring a P/N change on the data plate by
simply adding a letter to the existing P/N.
We do not agree that a P/N change on the data plate is necessary in
this case. Although we acknowledge that stickers may come unglued, the
modification sticker is merely a secondary indication of compliance. We
have determined that, for the purposes of this AD, installation of a
compliance sticker, as specified in SAFT Mandatory Service Bulletin 01-
02, Revision 2, dated August 11, 2003 (referenced as an additional
source of service information in Boeing Alert Service Bulletin DC9-
24A195, dated December 4, 2003), is not necessary. We find that
recording the installation of the modified battery in the airplane
maintenance records, as required by section 91.417 of the Federal
Aviation Regulations, provides an adequate means for operators to track
AD compliance. Therefore, we have revised paragraph (f)(2)(ii) of this
AD to specify that installing a sticker is not required.
Request to Correct Reference to Certain P/Ns
One commenter requests that two P/Ns be corrected. The commenter
explains that certain P/Ns, as identified in the proposed AD, contain
the letter ``O'' instead of the number ``0.'' The P/Ns should be
43B034LB02 and 43B034LB03.
We agree and have revised the AD accordingly.
Editorial Changes
We have added a new Note 2 to the AD to reiterate, as specified in
the preamble of the proposed AD, that Boeing Alert Service Bulletin
DC9-24A195, dated December 4, 2003, refers to SAFT Service Bulletin 01-
02, Revision 2, dated August 11, 2003, as an additional source of
service information for accomplishing the modification.
Conclusion
We have carefully reviewed the available data, including the
comments that have been submitted, and determined that air safety and
the
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public interest require adopting the AD with the changes described
previously. We have determined that these changes will neither increase
the economic burden on any operator nor increase the scope of the AD.
Costs of Compliance
There are about 1,828 airplanes worldwide of the affected design.
This AD will affect about 1,087 airplanes of U.S. registry.
The required inspection to determine if certain SAFT batteries are
installed will 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 actions specified in this AD for U.S. operators is $70,655, or
$65 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
We have determined that 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.
We prepared a regulatory evaluation of the estimated costs to
comply with this 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, Incorporation by
reference, 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 removing amendment 39-10784 (63 FR
50979, September 24, 1998) and by adding the following new
airworthiness directive (AD):
2005-13-18 McDonnell Douglas: Amendment 39-14155. Docket No. FAA-
2004-19809; Directorate Identifier 2003-NM-284-AD.
Effective Date
(a) This AD becomes effective August 1, 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 after the effective date of this AD,
perform a general visual inspection to determine if a nickel cadmium
battery having P/N 021904-000 (Type 43B034LB03) or P/N 021929-000
(Type 43B034LB02) 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: With the exception that a sticker is not required to
be installed, 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.''
Note 2:
Boeing Alert Service Bulletin DC9-24A195, dated December 4,
2003, refers to SAFT Service Bulletin 01-02, Revision 2, dated
August 11, 2003, as an additional source of service information for
accomplishing the modification.
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 43B034LB02),
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.
Material Incorporated by Reference
(i) You must use Boeing Alert Service Bulletin DC9-24A195, dated
December 4, 2003, to perform the actions that are required
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by this AD, unless the AD specifies otherwise. The Director of the
Federal Register approves the incorporation by reference of this
document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To
get copies of the service information, go to Boeing Commercial
Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach,
California 90846, Attention: Data and Service Management, Dept. C1-
L5A (D800-0024). To view the AD docket, go to the Docket Management
Facility, U.S. Department of Transportation, 400 Seventh Street SW.,
room PL-401, Nassif Building, Washington, DC. To review copies of
the service information, go to the National Archives and Records
Administration (NARA). For information on the availability of this
material at the NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.
Issued in Renton, Washington, on June 14, 2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-12513 Filed 6-24-05; 8:45 am]
BILLING CODE 4910-13-P