[Federal Register: February 4, 2005 (Volume 70, Number 23)]
[Rules and Regulations]
[Page 5920-5923]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04fe05-3]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-20250; Directorate Identifier 2003-NM-267-AD;
Amendment 39-13961; AD 2005-03-05]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model MD-90-30
Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is revising an existing airworthiness directive (AD),
which applies to certain McDonnell Douglas Model MD-90-30 airplanes.
This AD requires a one-time general visual inspection to detect wire
chafing damage and to determine adequate clearance between the
disconnect panel structure and the wires above the aft left lavatory;
and corrective actions, if necessary. This new AD revises the
applicability of the existing AD. This AD is prompted by the
determination that certain airplanes unaffected by the existing AD are
subject to the unsafe condition, and certain other airplanes should be
removed from the applicability. We are issuing this AD to prevent
damage to certain wires due to contact between the wires and the
adjacent structure, which could result in electrical arcing and
consequent smoke and fire in the cabin.
DATES: Effective February 22, 2005.
The incorporation by reference of a certain publication listed in
the AD is approved by the Director of the Federal Register as of
February 22, 2005.
We must receive comments on this AD by April 5, 2005.
[[Page 5921]]
ADDRESSES: Use one of the following addresses to submit comments on
this 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 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 this information 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
.
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. This
docket number is FAA-2005-20250; the directorate identifier for this
docket is 2003-NM-267-AD.
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 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.
FOR FURTHER INFORMATION CONTACT: George Y. Mabuni, Senior Aerospace
Engineer, Systems and Equipment Branch, ANM-130L, FAA, Los Angeles
Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood,
California 90712-4137; telephone (562) 627-5341; fax (562) 627-5210.
SUPPLEMENTARY INFORMATION: On February 14, 2003, we issued AD 2003-04-
10, amendment 39-13058 (68 FR 9513, February 28, 2003), for certain
McDonnell Douglas Model MD-90-30 airplanes. That AD requires a one-time
general visual inspection to find wire chafing damage and to determine
adequate clearance between the disconnect panel structure and the wires
above the aft left lavatory; and corrective actions, if necessary. That
AD was prompted by a report of uncommanded deployment of cabin oxygen
masks due to chafing of certain wires. We issued that AD to prevent
damage to certain wires due to contact between the wires and the
adjacent structure, which could result in electrical arcing and
consequent smoke and fire in the cabin.
Actions Since Existing AD Was Issued
Since we issued AD 2003-04-10, Boeing has revised relevant service
information to change the effectivity, as explained in the following
section.
Relevant Service Information
AD 2003-04-10 requires accomplishing the actions specified in
Boeing Alert Service Bulletin MD90-24A074, Revision 1, dated August 8,
2001. The manufacturer has since issued Revision 02, dated June 3,
2003. Revision 02 revises the effectivity by adding certain airplanes
and removing others. The procedures have not changed. Accomplishing the
actions specified in the service information is intended to adequately
address the unsafe condition.
FAA's Determination and Requirements of the AD
We have evaluated all pertinent information, identified an unsafe
condition that is likely to exist or develop on other products of this
same type design, and determined that it is necessary to revise AD
2003-04-10. This new AD retains the requirements of AD 2003-04-10. This
new AD revises the applicability by removing certain airplanes and
adding other airplanes.
This AD requires using the revised service information described
previously to perform these actions, except as discussed under
``Differences Between the AD and the Service Bulletin.''
Differences Between the AD and the Service Bulletin
The service bulletin specifies a compliance time of 120 days after
the issue date of Revision 1 of the service bulletin (August 8, 2001).
For those airplanes newly added to the applicability in this AD, we
have provided a compliance time of 6 months after the effective date of
the AD to avoid potentially grounding those airplanes.
Costs of Compliance
There are about 89 airplanes of the affected design worldwide. The
following table provides the estimated costs for U.S. operators to
comply with this AD.
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Number of
Average Cost per U.S.-
Action Work hours labor rate Parts airplane registered Fleet cost
per hour airplanes
----------------------------------------------------------------------------------------------------------------
Inspection...................... 1 $65 None required..... $65 21 $1,365
----------------------------------------------------------------------------------------------------------------
The airplanes that are newly added to the applicability of this AD
are currently operated by non-U.S. operators under foreign registry;
therefore, those airplanes are not directly affected by this AD. If a
newly affected airplane is imported and placed on the U.S. Register in
the future, the costs provided in the above table would apply.
FAA's Determination of the Effective Date
For U.S.-registered airplanes, the changes in this new AD provide
relief from the requirements of AD 2003-04-10, and none of the newly
added airplanes is on the U.S. Register. Therefore, providing notice
and opportunity for public comment is unnecessary before this AD is
issued, and this AD may be made effective in less than 30 days after it
is published in the Federal Register.
[[Page 5922]]
Comments Invited
Although this is a final rule that was not preceded by notice and
an opportunity for public comment, we invite you to submit any relevant
written data, views, or arguments regarding this AD. Send your comments
to an address listed under ADDRESSES. Include ``Docket No. FAA-2005-
20250; Directorate Identifier 2003-NM-267-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the AD. We will consider
all comments received by the closing date and may amend the 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 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.
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 the 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 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 adding the following new AD:
2005-03-05 McDonnell Douglas: Amendment 39-13961. Docket No. FAA-
2005-20250; Directorate Identifier 2003-NM-267-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective February
22, 2005.
Affected ADs
(b) This AD revises AD 2003-04-10, amendment 39-13058 (68 FR
9513, February 28, 2003).
Applicability
(c) This AD applies to McDonnell Douglas Model MD-90-30
airplanes, certificated in any category, as listed in Boeing Alert
Service Bulletin MD90-24A074, Revision 02, dated June 3, 2003.
Unsafe Condition
(d) This AD was prompted by our determination that certain
airplanes unaffected by AD 2003-04-10, amendment 39-13058, are
subject to the unsafe condition, and certain other airplanes should
be removed from the applicability of that AD. We are issuing this AD
to prevent damage to certain wires due to contact between the wires
and the adjacent structure, which could result in electrical arcing
and consequent smoke and fire in the cabin.
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.
One-time Inspection/Corrective Actions
(f) At the applicable time specified in paragraph (f)(1) or
(f)(2) of this AD: Do a one-time general visual inspection to find
wire chafing damage and to determine adequate clearance between the
disconnect panel structure and the wires above the aft left
lavatory, in accordance with the Accomplishment Instructions of
Boeing Alert Service Bulletin MD90-24A074, Revision 02, dated June
3, 2003. If no damage is found and the clearance is adequate, no
further action is required by this AD.
Note 1: For the purposes of this AD, a general visual inspection
is: ``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
ensure visual access to all 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) For airplanes listed in Boeing Alert Service Bulletin MD90-
24A074, Revision 1, dated August 8, 2001: Inspect within 12 months
after April 4, 2003 (the effective date of AD 2003-04-10).
(2) For airplanes not identified in paragraph (f)(1) of this AD:
Inspect within 6 months after the effective date of this AD.
(g) Based on the findings of the inspection required by
paragraph (f) of this AD, do the applicable actions specified in
paragraph (g)(1) or (g)(2) of this AD before further flight in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin MD90-24A074, Revision 02, dated June 3, 2003.
(1) If no damage is found, but the clearance is inadequate:
Secure the wires using tie-wraps to obtain 0.50-inch minimum
clearance.
(2) If damage and/or inadequate clearance is found: Repair
damaged wires, replace damaged wires with new wires, and/or secure
the wires using tie-wraps to obtain 0.50-inch minimum clearance.
(h) An inspection and corrective actions are also acceptable for
compliance with the requirements of paragraphs (f) and (g) of this
AD, if done as specified in paragraph (h)(1) or (h)(2) of this AD,
as applicable.
(1) Boeing Alert Service Bulletin MD90-24A074, dated May 14,
2001, done before April 4, 2003.
(2) Boeing Alert Service Bulletin MD90-24A074, Revision 01,
dated August 8, 2001, done before the effective date of this AD.
[[Page 5923]]
Alternative Methods of Compliance (AMOCs)
(i) The Manager, Los Angeles 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
(j) You must use Boeing Alert Service Bulletin MD90-24A074,
excluding Appendix, Revision 02, dated June 3, 2003, to perform the
actions that are required by this AD, unless the AD specifies
otherwise. The Director of the Federal Register approved the
incorporation by reference of this document in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. For copies of the service
information, 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 review copies at the Docket Management Facility office, U.S.
Department of Transportation, 400 Seventh Street SW., room PL-401,
Nassif Building, Washington, DC; 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
.
Issued in Renton, Washington, on January 26, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-1931 Filed 2-3-05; 8:45 am]
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