[Federal Register: May 5, 2005 (Volume 70, Number 86)]
[Rules and Regulations]
[Page 23784-23786]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05my05-3]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-21029; Directorate Identifier 2005-NM-045-AD;
Amendment 39-14077; AD 2005-09-08]
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.
-----------------------------------------------------------------------
SUMMARY: The FAA is superseding two existing airworthiness directives
(ADs); both apply to the same certain McDonnell Douglas Model MD-90-30
airplanes. The superseded ADs currently require a one-time general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 retains those requirements and clarifies certain requirements
for recording AD compliance. This AD is prompted by the determination
that the form of the existing ADs could result in confusion to
operators in recording compliance with the potentially conflicting
requirements. 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 May 20, 2005.
The incorporation by reference of Boeing Alert Service Bulletin
MD90-24A074, excluding Appendix, Revision 02, dated June 3, 2003, as
listed in the regulations, was approved previously by the Director of
the Federal Register as of February 22, 2005 (70 FR 5920, February 4,
2005).
We must receive comments on this AD by July 5, 2005.
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 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-2005-21029; the directorate identifier for this docket is
2005-NM-045-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). On January 26,
2005, we issued AD 2005-03-05, amendment 39-13961 (70 FR 5920, February
4, 2005).
Both ADs apply to the same certain McDonnell Douglas MD-90-30
airplanes. Both require 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. The actions specified in the ADs
are intended 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 ADs Were Issued
Since we issued those ADs, we discovered some procedural regulatory
complications that could prevent operators from complying with either
AD. We had initially determined that AD 2003-04-10 should be revised
when in fact it should have been superseded. Although a revised AD is
identified by adding ``R1'' to the original AD number, in this case the
``revised'' AD was instead given a new AD number (AD 2005-03-05). As a
result, two essentially identical ADs apply to the same airplanes. We
have determined that superseding both AD 2003-04-10 and AD 2005-03-05
will eliminate the confusion associated with recording compliance with
potentially conflicting requirements in the two ADs.
FAA's Determination and Requirements of This AD
The unsafe condition described previously is likely to exist or
develop on other airplanes of the same type design. This AD is being
issued to supersede AD 2003-04-10 and AD 2005-03-05. This new AD
retains the requirements of the existing AD.
Costs of Compliance
The requirements of this new AD are unchanged from those of AD
2003-04-10 and AD 2005-03-05; therefore, this AD imposes no additional
economic burden on operators. The estimated costs associated with this
AD are repeated for the convenience of affected operators, as follows:
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.
[[Page 23785]]
Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of U.S.-
Action Work Average labor Parts Cost per registered Fleet cost
hours rate per hour airplane airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection................................. 1 $65 None required................. $65 21 $1,365
--------------------------------------------------------------------------------------------------------------------------------------------------------
FAA's Determination of the Effective Date
This AD is issued for clarification only and adds no new burden on
operators. 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.
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-
21029; Directorate Identifier 2005-NM-045-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 removing amendment 39-13058 (68 FR
9513, February 28, 2003) and amendment 39-13961 (70 FR 5920, February
4, 2005), and by adding the following new AD:
2005-09-08 McDonnell Douglas: Amendment 39-14077. Docket No. FAA-
2005-21029; Directorate Identifier 2005-NM-045-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective May 20,
2005.
Affected ADs
(b) This AD supersedes AD 2003-04-10 (68 FR 9513, February 28,
2003) and AD 2005-03-05 (70 FR 5920, February 4, 2005).
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 the determination that the form of
the superseded ADs could result in confusion to operators in
recording compliance with the potentially conflicting requirements.
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
[[Page 23786]]
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 February 22, 2005 (the effective date
of AD 2005-03-05).
(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 1, dated
August 8, 2001, done before the effective date of this AD.
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 incorporation by reference of that document was
approved previously by the Director of the Federal Register as of
February 22, 2005 (70 FR 5920, February 4, 2005). To get 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). To view the docket, go to the Docket Management Facility
office, U.S. Department of Transportation, 400 Seventh Street SW.,
room PL-401, Nassif Building, Washington, DC. To review copies of
this service information, go to 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 April 28, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-8881 Filed 5-4-05; 8:45 am]
BILLING CODE 4910-13-P