[Federal Register Volume 61, Number 106 (Friday, May 31, 1996)]
[Rules and Regulations]
[Pages 27251-27253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13495]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96-NM-98-AD; Amendment 39-9638; AD 96-11-13]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-80 Series 
Airplanes and Model MD-88 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to certain McDonnell Douglas Model DC-9-80 series 
airplanes and Model MD-88 airplanes. This action requires a visual 
inspection to determine the type of fluorescent light ballasts 
installed in the cabin sidewall; and installation of a protective 
cover, replacement, or removal/disconnection, if necessary. This action 
also requires removal of the dust barriers from the outboard ceiling 
panels, and installation of modified outboard ceiling panels. This 
amendment is prompted by reports of smoke, fumes, and/or electrical 
fire emitting from the baggage bin of the aft passenger compartment and 
from the dust barriers of the outboard ceiling due to the failure of 
the fluorescent light ballasts. The actions specified in this AD are 
intended to prevent a fire in the passenger compartment, which could 
result from failure of the fluorescent light ballast of the upper and 
lower cabin sidewall, and subsequent failure of the dust barriers of 
the outboard ceiling panel.

DATES: Effective June 17, 1996.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of June 17, 1996.
    Comments for inclusion in the Rules Docket must be received on or 
before July 30, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 96-NM-98-AD, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056.
    The service information referenced in this AD may be obtained from 
McDonnell Douglas Corporation, 3855 Lakewood Boulevard, Long Beach, 
California 90846, Attention: Technical Publications Business 
Administration, Department C1-L51 (2-60). 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, Transport Airplane Directorate, 3960 Paramount 
Boulevard, Lakewood, California; or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: J. Kirk Baker, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130L, FAA, Los Angeles Aircraft 
Certification Office, 3960 Paramount Boulevard, Lakewood, California 
90712; telephone (310) 627-5345; fax (310) 627-5210.

SUPPLEMENTARY INFORMATION: The FAA has received two reports of smoke, 
fumes, and/or electrical fire emitting from the baggage bin of the aft 
passenger compartment and from the dust barriers of the outboard 
ceiling panel on McDonnell Douglas Model DC-9-82 (MD-82) series 
airplanes. Investigation revealed that the existing design of the

[[Page 27252]]

light ballast assembly allows moisture condensation to ingress into the 
ballast case during altitude changes. The effects of such moisture 
subsequently contaminate the printed circuit card, which could result 
in a short circuit that ruptures the ballast casing and emits fire. In 
addition, investigation revealed that the failed light ballast assembly 
generated enough heat to ignite the dust barriers of the outboard 
ceiling panel; these barriers are flammable and have the potential to 
spread a fire to adjacent interior components. These conditions, if not 
corrected, could result in a fire in the passenger compartment.

Explanation of Relevant Service Information

    The FAA has reviewed and approved McDonnell Douglas Alert Service 
Bulletin MD80-33A107, dated April 25, 1996, which describes the 
following procedures:
    1. Performing a one-time visual inspection to determine the type of 
fluorescent light ballasts installed in the upper and lower cabin 
sidewall; and
    2. Installing a protective cover on any Day-Ray Products 
Incorporated ballast, or replacing any Day-Ray Products Incorporated 
ballast with a Bruce Industries Incorporated ballast. Accomplishment of 
these actions will minimize the possibility of failure of the ballasts 
due to uncontained smoke and flame.
    The FAA has also reviewed and approved McDonnell Douglas Alert 
Service Bulletin MD80-25A353, dated March 14, 1996, which describes 
procedures for removal of the dust barriers from the outboard ceiling 
panels, and installation of modified outboard ceiling panels. 
Accomplishment of this removal and installation will minimize the 
possibility of smoke or fire spreading into the cabin.

Explanation of the Requirements of the Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other McDonnell Douglas Model DC-9-80 series 
airplanes and Model MD-88 airplanes of the same type design, this AD is 
being issued to prevent a fire in the passenger compartment, which 
could result from the failure of the fluorescent light ballast of the 
upper and lower cabin sidewall, and the subsequent failure of the dust 
barriers of the outboard ceiling panel. This AD requires a one-time 
visual inspection to determine the type of fluorescent light ballasts 
installed in the upper and lower cabin sidewall. For airplanes on which 
any Day-Ray Products Incorporated ballast is installed, this AD also 
requires accomplishment of one of the following actions:

--Installation of a protective cover on the ballast; or
--Replacement of that ballast with a Bruce Industries Incorporated 
ballast.

Additionally, for some airplanes, this AD requires removal of the dust 
barriers from the outboard ceiling panels, and installation of modified 
outboard ceiling panels. The actions are required to be accomplished in 
accordance with the alert service bulletins described previously.
    Operators should note that, in addition to the recommendations of 
McDonnell Douglas Alert Service Bulletin MD80-33A107, this AD provides 
an additional option for airplanes on which any Day-Ray Products 
Incorporated ballast is installed that involves removal or electrical 
disconnection of the ballast, stowage of the ballast, and protection of 
the loose wiring. The FAA finds that accomplishment of these actions 
will eliminate the identified unsafe condition for those airplanes.
    In addition, the FAA is aware that parts availability may become a 
problem in the future. However, under the provisions of paragraph (d) 
of the final rule, the FAA may approve requests for adjustments to the 
compliance time if data are submitted to substantiate that such an 
adjustment would provide an acceptable level of safety.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this rule 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 under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. 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 that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 96-NM-98-AD.'' The postcard will be date stamped and 
returned to the commenter.

Regulatory Impact

    The regulations adopted herein will not have substantial direct 
effects 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, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, may be obtained from the Rules Docket at the 
location provided under the caption ADDRESSES.

[[Page 27253]]

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends 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:

96-11-13  McDonnell Douglas: Amendment 39-9638. Docket 96-NM-98-AD.

    Applicability: Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 
(MD-83), and DC-9-87 (MD-87) and Model MD-88 airplanes; as listed in 
McDonnell Douglas Alert Service Bulletin MD80-33A107, dated April 
25, 1996; and McDonnell Douglas Alert Service Bulletin MD80-25A353, 
dated March 14, 1996; certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (d) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of the fluorescent light ballast of the upper 
and lower cabin sidewall, and subsequent failure of the dust 
barriers of the outboard ceiling panel, which could result in a fire 
in the passenger compartment, accomplish the following:
    (a) For all airplanes: Within 90 days after the effective date 
of this AD, perform a one-time visual inspection to determine the 
type of fluorescent light ballasts installed in the upper and lower 
cabin sidewall, in accordance with McDonnell Douglas Alert Service 
Bulletin MD80-33A107, dated April 25, 1996.
    (1) If any Bruce Industries Incorporated ballast is installed 
(specified as Condition 1 in the alert service bulletin), no further 
action is required by this paragraph for that ballast.
    (2) If any Day-Ray Products Incorporated ballast is installed 
(specified as Condition 2 in the alert service bulletin), prior to 
further flight, accomplish either paragraph (a)(2)(i), (a)(2)(ii), 
or (a)(2)(iii) of this AD.
    (i) Install a protective cover on the ballast in accordance with 
Condition 2, Option 1, of the alert service bulletin. Or
    (ii) Replace it with a Bruce Industries Incorporated ballast, in 
accordance with Condition 2, Option 2, of the alert service 
bulletin. Or
    (iii) Remove or disconnect it electrically, stow it, and protect 
the loose wiring.
    (b) For airplanes having manufacturer's fuselage numbers listed 
in McDonnell Douglas Alert Service Bulletin MD80-25A353, dated March 
14, 1996: Within 90 days after the effective date of this AD, remove 
the dust barriers from the outboard ceiling panels, and install 
modified outboard ceiling panels, in accordance with McDonnell 
Douglas Alert Service Bulletin MD80-25A353, dated March 14, 1996.
    (c) As of the effective date of this AD, no Day-Ray Products 
Incorporated ballast, having any part number identified in paragraph 
1.2. of McDonnell Douglas Alert Service Bulletin MD80-33A107, dated 
April 25, 1996, shall be installed on any airplane unless that 
ballast has been modified in accordance with that alert service 
bulletin.
    (d) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Los Angeles Aircraft Certification 
Office (ACO), FAA, Transport Airplane Directorate. Operators shall 
submit their requests through an appropriate FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Los Angeles ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Los Angeles ACO.

    (e) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.
    (f) The inspection and replacement shall be done in accordance 
with McDonnell Douglas Alert Service Bulletin MD80-33A107, dated 
April 25, 1996. The removal of the dust barriers and installations 
shall be done in accordance with McDonnell Douglas Alert Service 
Bulletin MD80-25A353, dated March 14, 1996. This incorporation by 
reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be 
obtained from McDonnell Douglas Corporation, 3855 Lakewood 
Boulevard, Long Beach, California 90846, Attention: Technical 
Publications Business Administration, Department C1-L51 (2-60). 
Copies may be inspected at the FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington; or at the FAA, Los 
Angeles Aircraft Certification Office, Transport Airplane 
Directorate, 3960 Paramount Boulevard, Lakewood, California; or at 
the Office of the Federal Register, 800 North Capitol Street, NW., 
suite 700, Washington, DC.
    (g) This amendment becomes effective on June 17, 1996.

    Issued in Renton, Washington, on May 22, 1996.
James V. Devany,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service. -
[FR Doc. 96-13495 Filed 5-30-96; 8:45 am]
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