[Federal Register: December 20, 2005 (Volume 70, Number 243)]
[Proposed Rules]
[Page 75435-75438]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20de05-27]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2003-NM-194-AD]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model MD-90-30
Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Supplemental notice of proposed rulemaking; reopening of
comment period.
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SUMMARY: This document revises an earlier proposed airworthiness
directive (AD), applicable to certain McDonnell Douglas Model MD-90-30
airplanes, that would have required repetitive inspections and
functional tests of the static port heater assemblies, an inspection of
the static port heaters and insulators, and corrective actions if
necessary. This new action revises the proposed AD by adding repetitive
inspections of the static port heaters and insulators and revising the
functional test of the static port heater assemblies. The actions
specified by this new proposed AD are intended to prevent an electrical
short of the static port heater from sparking and igniting the
insulation blanket adjacent to the static port heater, which could
result in smoke and/or fire in the cabin area. This action is intended
to address the identified unsafe condition.
DATES: Comments must be received by January 17, 2006.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2003-NM-194-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. Comments may be submitted via fax to (425) 227-1232.
Comments may also be sent via the Internet using the following address:
9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must
contain ``Docket No. 2003-NM-194-AD'' in the subject line and need not
be submitted in triplicate. Comments sent via the Internet as attached
electronic files must be formatted in Microsoft Word 97 or 2000 or
ASCII text.
The service information referenced in the proposed 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 FAA, Transport Airplane Directorate, 1601 Lind Avenue,
SW., Renton, Washington; or at the FAA, Los Angeles Aircraft
Certification Office, 3960 Paramount Boulevard, Lakewood, California.
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:
Comments Invited
Interested persons are invited to participate in the making of the
proposed AD by submitting such written data, views, or arguments as
they may desire. Communications shall identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed AD. The proposals contained in this action may be changed in
light of the comments received.
Submit comments using the following format:
Organize comments issue-by-issue. For example, discuss a
request to change the compliance time and a request to change the
service bulletin reference as two separate issues.
For each issue, state what specific change to the proposed
AD is being requested.
Include justification (e.g., reasons or data) for each
request.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed AD. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this action must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2003-NM-194-AD.'' The postcard will be date stamped
and returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 2003-NM-194-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
A proposal to amend part 39 of the Federal Aviation Regulations (14
CFR part 39) to add an airworthiness directive (AD), applicable to
certain McDonnell Douglas Model MD-90-30 airplanes, was published as a
notice of proposed rulemaking (NPRM) in the Federal Register on March
8, 2004 (69 FR 10638). That NPRM would have required repetitive
inspections and functional tests of the static port heater assemblies,
an inspection of the static port heaters and insulators, and corrective
actions if necessary. That NPRM was prompted by studies that revealed
that the wiring of the static port heater assembly may be damaged. That
condition, if not corrected, could result in an electrical short of the
static port heater and consequent sparking and ignition of the
insulation blanket adjacent to the static port heater, which could
result in smoke and/or fire in the cabin area.
[[Page 75436]]
Actions Since Issuance of Previous Proposal
The airplane manufacturer informed the FAA that the functional test
of the left and right primary and alternate static port heater
assemblies must be revised to prevent damaging the aircraft fuselage
skin. An operator informed the airplane manufacturer that performing
the current functional test will overheat and damage the aircraft
fuselage skin. Therefore, the airplane manufacturer has revised the
functional test and issued Boeing Service Bulletin MD90-30-026,
Revision 1, dated May 27, 2005, which references the revised functional
test (Boeing Service Bulletin MD90-30-026, dated February 15, 2002, is
cited as the appropriate source of service information for doing
functional tests specified in the original NPRM). We have revised the
supplemental NPRM to reference Revision 1 of Boeing Service Bulletin
MD90-30-026 as the appropriate source of service information for
accomplishing certain proposed inspections, replacements, and
functional tests.
We have also considered the following comments we received in
response to the original NPRM:
Request To Add Repetitive Inspections
The National Transportation Safety Board (NTSB) requests that the
inspection for incorrect stacking specified in paragraph (b)(2) of the
NPRM be changed from a one-time inspection to a repetitive inspection.
The NTSB is concerned that, after the one-time inspection specified in
the NPRM, incorrect stacking may still occur. The NTSB states that
repetitive inspections would address any incorrect stacking that may
occur in the future. The NTSB also states that the repetitive
inspection interval could be the same as the one for the inspection
specified in paragraph (b)(1) of the NPRM, and therefore would not
place an undue burden on operators.
We agree with the NTSB that the inspection required in paragraph
(b)(2) of the supplemental NPRM be changed to repetitive inspections.
Incorrect stacking of the heater and insulator will cause higher-than-
normal operating temperature locally in the insulation blanket, which
would lead to quicker deterioration and aging of the rubber, causing it
to crack and lead to electrical shorting or arcing. In consideration of
this unsafe condition and the potential for incorrect stacking, we have
determined that repetitive inspections of the heater and insulator for
incorrect stacking is necessary. We have revised paragraph (b) of the
supplemental NPRM accordingly.
Request To Withdraw the NPRM
One commenter, the airplane manufacturer, requests that the NPRM be
withdrawn. The commenter contends that the unsafe condition no longer
exists. The commenter states that the unsafe condition was addressed by
Boeing Alert Service Bulletin MD90-30A023, including Appendix, dated
March 14, 2001 (for Model MD-90-30 airplanes), which was mandated by AD
2001-10-11, amendment 39-12237 (66 FR 28651, May 24, 2001), and by
Boeing Alert Service Bulletin MD80-30A092, including Appendix, dated
March 14, 2001 (for Model DC-9-81, -82, -83, and -87 airplanes, and
Model MD-88 airplanes), which was mandated by AD 2001-10-10, amendment
39-12236 (66 FR 28643, May 24, 2001). The commenter states that those
ADs require inspecting the wiring of the primary and alternate static
port heaters, determining if the type of insulation blanket installed
is metallized Mylar, and modifying the insulation blankets if
necessary.
The commenter also states that a review of operator's reports
indicates only two events resulted in smoke in the cabin, both on one
operator's MD-88 airplanes. One event resulted in the issuance of the
service bulletins described previously, and the other event report
stated a smoke smell was ``evident.'' The commenter notes that ``in the
three years since the release of these service bulletins and the
related ADs, no other static port heater smoke/fire events have been
reported from the entire MD-80/90 fleet.''
The commenter concludes that the unsafe condition no longer exists,
and that the actions in the NPRM are purely an enhancement. Therefore,
the commenter requests that the NPRM be withdrawn.
We do not agree with the commenter's request to withdraw the NPRM.
Although no other static port heater smoke/fire events have been
reported since we issued ADs 2001-10-10 and 2001-10-11, the potential
for sparks from an electrical short of the static port heater to ignite
the insulation blanket adjacent to the static port heater and result in
smoke and/or fire in the cabin area still exists. While ADs 2001-10-10
and 2001-10-11 require only a one-time inspection of the wiring of the
static port heaters, this supplemental NPRM would require repetitive
functional tests and inspections of the static port heater assemblies
and wiring. The proposed repetitive inspections are required to
identify and remove marginal static port heaters before they fail and
generate sparks. Therefore, we have not withdrawn this supplemental
NPRM.
Request To Revise Airplane Maintenance Manual (AMM)
One commenter requests that AMM 30-32-00 be revised to include the
procedures to check the insulator for proper installation.
We partially agree with the commenter's request. Operators should
note that the procedures to check the insulator for proper installation
are located in Boeing Model MD-90-30 AMM 30-32-01, which is a
subparagraph of AMM 30-32-00. We have revised the reference to the AMM
in paragraph (b)(2) of this supplemental NPRM accordingly.
Request To Revise Service Bulletin
The same commenter requests that Boeing Service Bulletin MD90-30-
026, dated February 15, 2002 (cited as the appropriate source of
service information for the NPRM), be revised to include the inspection
for proper installation as required by the NPRM. The commenter notes
that the service bulletin does not include an inspection for proper
installation.
We do not agree with the commenter's request. We have consulted
with the manufacturer and have concluded that the AMM provides the
necessary information to properly complete the inspection. Therefore,
there is limited value in revising the service bulletin to include this
information. No change is made to the supplemental NPRM in this regard.
Clarification of Alternative Method of Compliance (AMOC) Paragraph
We have revised this supplemental NPRM to clarify the appropriate
procedure for notifying the principal inspector before using any
approved AMOC on any airplane to which the AMOC applies.
Conclusion
Since certain changes described above expand the scope of the
original NPRM, the FAA has determined that it is necessary to reopen
the comment period to provide additional opportunity for public
comment.
Cost Impact
There are approximately 116 airplanes of the affected design in the
worldwide fleet. The FAA estimates that 22 airplanes of U.S. registry
would be affected by this proposed AD.
It would take approximately 1 work hour per airplane to accomplish
the proposed general visual inspection for
[[Page 75437]]
wire damage and functional test, at an average labor rate of $65 per
work hour. Based on these figures, the cost impact of the proposed
inspection for wire damage and functional test on U.S. operators is
estimated to be $1,430, or $65 per airplane, per inspection cycle.
It would also take approximately 1 work hour per airplane to
accomplish the proposed general visual inspection for proper
installation, at an average labor rate of $65 per work hour. Based on
these figures, the cost impact of the proposed inspection for proper
installation on U.S. operators is estimated to be $1,430, or $65 per
airplane, per inspection cycle.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the proposed 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.
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 Impact
The regulations proposed herein 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. Therefore, it
is determined that this proposal would not have federalism implications
under Executive Order 13132.
For the reasons discussed above, I certify that this 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) if promulgated, 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 copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
part 39 of the Federal Aviation Regulations (14 CFR part 39) as
follows:
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. Section 39.13 is amended by adding the following new
airworthiness directive:
McDonnell Douglas: Docket 2003-NM-194-AD.
Applicability: Model MD-90-30 airplanes, certificated in any
category, as identified in Boeing Service Bulletin MD90-30-026,
Revision 1, dated May 27, 2005.
Compliance: Required as indicated, unless accomplished
previously.
To prevent an electrical short of the static port heater from
sparking and igniting the insulation blanket adjacent to the static
port heater, which could result in smoke and/or fire in the cabin
area, accomplish the following:
Service Bulletin References
(a) The term ``service bulletin,'' as used in this AD, means the
Accomplishment Instructions of Boeing Service Bulletin MD90-30-026,
Revision 1, dated May 27, 2005.
Inspection and Functional Test
(b) Within 18 months after the effective date of this AD, do the
actions in paragraphs (b)(1) and (b)(2) of this AD. Repeat the
actions thereafter at intervals not to exceed 48 months.
(1) Perform a general visual inspection of the left and right
primary and alternate static port heater assemblies for wire damage;
and perform a functional test of the left and right primary and
alternate static port heater assemblies; in accordance with the
service bulletin.
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 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.''
(2) Perform a general visual inspection of the left and right
primary and alternate static port heater and insulator for proper
installation in accordance with a method approved by the Manager,
Los Angeles Aircraft Certification Office (ACO). Inspecting for
proper installation in accordance with ``Static Port Heaters--
Maintenance Practices'' of McDonnell Douglas MD-90-30 Airplane
Maintenance Manual (AMM) 30-32-01 is one approved method. Before
further flight, correct any improper installation in accordance with
a method approved by the Manager, Los Angeles ACO. Correcting
improper installation in accordance with ``Static Port Heaters--
Maintenance Practices'' of AMM 30-32-01 is one approved method. For
an inspection method or corrective method to be approved by the
Manager, Los Angeles ACO, as required by this paragraph, the
Manager's approval letter must specifically refer to this AD.
Wire Damage or Heater Failures
(c) If wire damage is found and/or the heater assembly fails the
functional test during the general visual inspection and functional
test required by paragraph (b)(1) of this AD: Before further flight,
replace the damaged or inoperative static port heater assembly with
a new or serviceable static port heater assembly in accordance with
the service bulletin.
Actions Accomplished According to Previous Issue of Service Bulletin
(d) Actions accomplished before the effective date of this AD
according to Boeing Service Bulletin MD90-30-026, dated February 15,
2002, are considered acceptable for compliance with the
corresponding actions specified in this AD.
Alternative Methods of Compliance
(e)(1) In accordance with 14 CFR 39.19, the Manager, Los Angeles
ACO, FAA, is authorized to approve alternative methods of compliance
for this AD.
(2) Before using any AMOC approved in accordance with 14 CFR
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the
[[Page 75438]]
FAA Flight Standards Certificate Holding District Office.
Issued in Renton, Washington, on December 12, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-24247 Filed 12-19-05; 8:45 am]
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