[Federal Register: January 12, 2005 (Volume 70, Number 8)]
[Proposed Rules]
[Page 2066-2067]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ja05-21]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2000-NM-168-AD]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model DC-9-81 (MD-
81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), and MD-88
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Proposed rule; withdrawal.
-----------------------------------------------------------------------
SUMMARY: This action withdraws a notice of proposed rulemaking (NPRM)
that proposed 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), DC-9-87 (MD-87), and MD-88 airplanes. That action would have
required installing shield assemblies for power feeder cables in the
forward and aft lower cargo compartments, and installing an additional
shield for the power feeder cable of the auxiliary power unit in the
aft lower cargo compartment. Since the issuance of the NPRM, the
Federal Aviation Administration (FAA) has determined that the proposed
requirements are included in the requirements of another existing AD;
the NPRM does not contain any new requirements beyond those of the
existing AD. Accordingly, the proposed rule is withdrawn.
FOR FURTHER INFORMATION CONTACT: Elvin K. 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 add 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), DC-9-87 (MD-87), and MD-88
airplanes; was published in the Federal Register as a notice of
proposed rulemaking (NPRM) on October 30, 2003 (68 FR
[[Page 2067]]
61772). The proposed rule would have required installing shield
assemblies for power feeder cables in the forward and aft lower cargo
compartments, and installing an additional shield for the power feeder
cable of the auxiliary power unit in the aft lower cargo compartment.
That action was prompted by several incidents of migration of power
feeder cable troughs on McDonnell Douglas Model DC-9-81 (MD-81), DC-9-
82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), and MD-88 airplanes. The
proposed actions were intended to prevent a cable from chafing against
an edge of a lightening hole, which could result in electrical arcing,
and consequent smoke/fire in the lower cargo compartments.
Response to Comments
We have considered the comments that have been submitted on the
proposed AD. One commenter points out that an existing AD, AD 94-09-02,
amendment 39-8890 (59 FR 18720, April 20, 1994), currently requires
accomplishment of the original issue of Boeing Service Bulletin MD80-
24-100. The commenter further states that all affected airplanes listed
in Revision 04 of that service bulletin (referenced as the appropriate
source of service information in the proposed rule) were affected by
the previous revisions of that service bulletin, and that the proposed
rule contains no new requirements beyond those required by the existing
AD.
We agree. We have determined that the requirements of the proposed
rule are included in the requirements of another existing AD. The
existing AD, AD 94-09-02, 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) series airplanes; and Model MD-88 airplanes; as listed in
McDonnell Douglas MD-80 Service Bulletin 24-94, Revision 1, dated May
28, 1987, and McDonnell Douglas Model MD-80 Service Bulletin 24-100,
dated March 30, 1988. That AD requires an inspection to detect damage
of the auxiliary power unit (APU) power feeder cable installation,
repair of damaged cables, modification of the cable installation, and
an inspection of previously modified airplanes to determine whether a
spacer or ``stand off'' has been installed, and installation of those
items, if necessary. That action was prompted by reports of generator
power feeder cables electrically shorting to the airplane structure due
to chafing. The requirements of that AD are intended to prevent the APU
power feeder cable from chafing against adjacent structures, which
could result in electrical shorting and arcing, and a fire below the
cabin floor.
Additionally, AD 94-09-02 references McDonnell Douglas MD-80
Service Bulletin 24-100, dated March 30, 1988, as the appropriate
source of service information for accomplishing the modification. The
proposed rule references McDonnell Douglas Alert Service Bulletin MD80-
24A100, Revision 04, dated January 24, 2000, as the appropriate source
of service information for accomplishing the modification (installing
shield assemblies for power feeder cables). Revision 04 was issued
merely to elevate the service bulletin to the ``alert'' status and to
reference AD 94-09-02; no additional work is required. All airplanes
affected by Revision 04 are also affected by the previous revisions of
the service bulletin.
The proposed rule does not contain any new requirements beyond
those required by AD 94-09-02. Accomplishment of the requirements of AD
94-09-02 adequately addresses the identified unsafe condition.
FAA's Conclusions
Upon further consideration, the FAA has determined that the
proposed requirements are included in the requirements of another
existing AD; the proposed rule does not contain any new requirements
beyond those of the existing AD. Accordingly, the proposed rule is
hereby withdrawn.
Withdrawal of this NPRM constitutes only such action, and does not
preclude the agency from issuing another action in the future, nor does
it commit the agency to any course of action in the future.
Regulatory Impact
Since this action only withdraws a notice of proposed rulemaking,
it is neither a proposed nor a final rule and therefore is not covered
under Executive Order 12866, the Regulatory Flexibility Act, or DOT
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979).
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Withdrawal
Accordingly, the notice of proposed rulemaking, Docket 2000-NM-168-
AD, published in the Federal Register on October 30, 2003 (68 FR
61772), is withdrawn.
Issued in Renton, Washington, on January 3, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-613 Filed 1-11-05; 8:45 am]
BILLING CODE 4910-13-P