[Federal Register Volume 61, Number 195 (Monday, October 7, 1996)]
[Proposed Rules]
[Pages 52394-52397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25575]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96-NM-163-AD]
RIN 2120-AA64


Airworthiness Directives; Transport Category Airplanes Equipped 
with Day-Ray Products, Inc., Fluorescent Light Ballasts

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to any transport category airplane 
that is equipped with certain Day-Ray fluorescent light ballasts 
installed in the upper and/or lower cabin sidewall. This proposal would 
require a visual inspection to determine the type of fluorescent light 
ballasts installed in the cabin sidewall, and either the replacement of 
suspect ballasts or the installation of a protective cover over the 
ballast. This proposal is prompted by reports of smoke, fumes, and/or 
electrical fire emitting from the baggage bin of the aft passenger 
compartment due to the failure of the fluorescent light ballasts. The 
actions specified by the proposed AD are intended to prevent the 
potential for a fire in the passenger compartment resulting from 
failure of the fluorescent light ballast of the cabin sidewall.

DATES: Comments must be received by November 18, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 96-NM-163-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays.
    The service information referenced in the proposed rule may be 
obtained from Day Ray Products, Inc., 1133 Mission Street, South 
Pasadena, California 91031; or Hexcel Corporation, Heath Tecna 
Interiors, 3225 Woburn Street, Bellingham, Washington 98226; or 
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

[[Page 52395]]

Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the FAA, 
Los Angeles Aircraft Certification Office, Transport Airplane 
Directorate, 3960 Paramount Boulevard, Lakewood, California.

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:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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 above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed 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 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 notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 96-NM-163-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-103, Attention: Rules 
Docket No. 96-NM-163-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On May 22, 1996, the FAA issued AD 96-11-13, amendment 39-9638 (61 
FR 27251, May 31, 1996) which is applicable to McDonnell Douglas Model 
DC-9-80 series airplanes and Model MD-88 airplanes. Among other things, 
that AD requires a visual inspection to determine the type of 
fluorescent light ballasts installed in the cabin sidewall; and either 
installation of a protective cover, replacement, or removal/
disconnection, if necessary. That AD was prompted by at least 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 design of certain 
Day-Ray Products fluorescent light ballast assemblies, as installed on 
the incident airplanes, allows moisture condensation to enter into the 
ballast case during altitude changes. The effects of such moisture 
subsequently contaminate the printed circuit card, which can result in 
a short circuit that ruptures the ballast casing and emits fire. This 
condition, if not corrected, could result in a fire in the passenger 
compartment.
    Since issuance of that AD, the FAA has identified additional light 
ballasts manufactured by Day-Ray that are susceptible to the same 
problems addressed by that AD. These suspect light ballasts may be 
installed in any number of models of transport category airplanes, and, 
specifically, on airplanes with interiors that have been configured by 
means of certain supplemental type certificates (STC) issued to C&D 
Aerospace and Heath Tecna Interiors. In order prevent the potential for 
a fire in the passenger compartment resulting from failure of the 
fluorescent light ballast of the cabin sidewall, the FAA has determined 
that additional AD action must be taken to address these light 
ballasts.

Explanation of Relevant Service Information

    The FAA has reviewed and approved the following service bulletins, 
each of which describes procedures for inspecting light ballasts to 
determine their part number, removing suspect ballasts, and installing 
improved ballasts that are manufactured by Bruce Industries:
    1. McDonnell Douglas DC-9 Service Bulletin DC9-33-103, dated May 
30, 1995;
    2. McDonnell Douglas MD-80 Service Bulletin MD80-33A107, Revision 
01, dated August 30, 1996;
    3. McDonnell Douglas DC-10 Service Bulletin DC10-33-073, dated June 
18, 1996;
    4. Heath Tecna Alert Service Bulletin ESCI-33-A2, Revision 1, dated 
July 24, 1996, for all McDonnell Douglas Model DC-(MD-80) series 
airplanes retrofitted with the Heath Tecna Contemporary Deep Rack 
Interior (CDRI) and the Heath Tecna Extended Spacial Concept Interior 
(ESCI or ESCI III);
    5. Heath Tecna Alert Service Bulletin MarkI-33-A2, Revision 1, 
dated July 24, 1996, for all McDonnell Douglas Model DC-8 series 
airplanes retrofitted with the Heath Tecna Mark I interior;
    6. Heath Tecna Alert Service Bulletin MarkI-33-A3, Revision 1, 
dated July 24, 1996, for all Boeing Model 707 series airplanes 
retrofitted with the Heath Tecna Mark I interior;
    7. Heath Tecna Alert Service Bulletin MarkI-33-A4, Revision 1, 
dated July 24, 1996, for all Boeing Model 727 series airplanes 
retrofitted with the heath Tecna Mark I interior;
    8. Heath Tecna Alert Service Bulletin MarkI-33-A5, Revision 1, 
dated July 24, 1996, for all Boeing Model 737 series airplanes 
retrofitted with the Heath Tecna Mark I interior;
    9. Heath Tecna Service Bulletin Spmk-33-A1, Revision 1, dated July 
24, 1996, for all Boeing Model 727 series airplanes retrofitted with 
the Heath Tecna Spacemaker II or Spacemaker IIa interior;
    10. Heath Tecna Service Bulletin Spmk-33-A2, Revision 1, dated July 
24, 1996, for all Boeing Model 737 series airplanes retrofitted with 
the Heath Tecna Spacemaker II or Spacemaker IIa interior.
    The FAA also has reviewed and approved Day-Ray Alert Service 
Bulletin 33A01, dated March 25, 1996, which describes procedures for 
installing a protective cover over the overhead and sidewall cabin 
lighting ballasts. This installation will minimize the possibility of 
uncontained smoke and flame due to failure of the ballasts.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other products of this same type design, the 
proposed AD would require 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 light 
ballast is installed, this AD also requires accomplishment of one of 
the following actions:
    1. replacement of that ballast with a Bruce Industries light 
ballast, or
    2. installation of a protective cover on the light ballast.
    The actions would be required to be accomplished in accordance with 
the service bulletins described previously.
    The proposed compliance time of 12 months for these actions was 
selected in

[[Page 52396]]

consideration of not only the safety implications associated with 
addressing the subject unsafe condition, but the availability of 
required parts and the practical aspect of accomplishing the required 
actions within an interval of time that parallels normally scheduled 
maintenance for the majority of affected operators.

Cost Impact

    There are approximately 2,500 transport category airplanes of the 
affected design in the worldwide fleet. The FAA estimates that 1,800 
airplanes of U.S. registry would be affected by this proposed AD.
    To accomplish the proposed inspection, it would take approximately 
6 work hours per airplane, at an average labor rate of $60 per work 
hour. Based on these figures, the cost impact of this proposed 
inspection on U.S. operators is estimated to be $360 per airplane.
    To replace the light ballasts would require approximately 33 work 
hours per airplane, at an average labor rate of $60 per work hour. 
Required parts would average approximately $8,550 per airplane, which 
represents a cost of $150 per ballast and an average of 57 ballasts per 
airplane. Based on these figures, the cost impact of this proposed 
replacement on U.S. operators is estimated to be $10,530 per airplane.
    To modify the sidewall lighting by installing a protective cover 
would require approximately 18 work hours per airplane, at an average 
labor rate of $60 per work hour. Required parts would average 
approximately $285 per airplane, which represents a cost of $5 per 
cover and an average of 57 ballasts per airplane. Based on these 
figures, the cost impact of this proposed modification on U.S. 
operators is estimated to be $1,365 per airplane.
    The cost impact figures discussed above are 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.

Regulatory Impact

    The regulations proposed herein would 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 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    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:
Transport Category Airplanes: Docket 96-NM-163-AD.

    Applicability: Airplanes equipped with Day-Ray Products, Inc., 
cabin sidewall 0fluorescent light ballasts having part numbers 
listed in Table 1 of this AD; including, but not limited to, 
McDonnell Douglas Model DC-9, DC-9-80, MD-88, DC-10, and C-9 
(military) series airplanes, and Boeing Model 707, 727, and 737 
series airplanes; certificated in any category.

         Table 1.--Fluorescent Light Ballasts Subject to this AD        
------------------------------------------------------------------------
                   Name                               Part No.          
------------------------------------------------------------------------
Day Ray..................................  69-10                        
                                           69-10-1                      
                                           69-68                        
                                           69-68-1                      
                                           69-69                        
                                           69-69-1                      
                                           70-94                        
                                           70-94-1                      
                                           83-12                        
                                           83-12-1                      
------------------------------------------------------------------------

    Note 1: This AD does not apply to airplanes that are equipped 
with solid state electronic light ballast systems.
    Note 2: This AD applies to all transport category airplanes 
equipped with the light ballasts identified in the preceding 
applicability provision, regardless of whether the airplane has been 
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 (c) 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 the potential for a fire in the passenger compartment 
resulting from failure of the fluorescent light ballast of the cabin 
sidewall, accomplish the following:
    (a) Within 12 months 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. If any ballast installed has a part number that is listed 
in Table 1 of this AD, prior to further flight, accomplish the 
actions specified in either paragraph (a)(1) or (a)(2) of this AD:
    (1) Remove the Day-Ray light ballast and replace it with a light 
ballast manufactured by Bruce Industries, in accordance with the 
applicable service bulletin(s) listed in Table 2 of this AD. Or
    (2) Install a protective cover over the light ballast, in 
accordance with Day-Ray Alert Service Bulletin 33A01, dated March 
25, 1996.

[[Page 52397]]



  Table 2.--Service Bulletins Containing Instructions for Accomplishing 
                       the Requirements of this AD                      
------------------------------------------------------------------------
    Service bulletin number and date            Affected airplanes      
------------------------------------------------------------------------
McDonnell Douglas, DC-9 Service          Model DC-9-30, -40, and -50    
 Bulletin DC9-33-103, May 30, 1995.       series airplanes listed in    
                                          effectivity of service        
                                          bulletin.                     
McDonnell Douglas, MD-80 Service         Model DC-9-80 series and Model 
 Bulletin MD80-33A107, Revision R01,      MD-88 airplanes listed in     
 August 30, 1996.                         effectivity of service        
                                          bulletin.                     
McDonnell Douglas, DC-10 Service         Model DC-10-10, -15, -30, and -
 Bulletin DC10-33-073 June 18, 1996.      40 series and KC-10A airplanes
                                          listed in effectivity of      
                                          service bulletin              
Heath Tecna, Alert Service Bulletin      McDonnell Douglas Model DC-9-80
 ESCI-33-A2, Revision 1, July 24, 1996.   (MD-80) series airplanes      
                                          retrofitted with Heath Tecna  
                                          Contemporary Deep Rack        
                                          Interior (CDRI) and Heath     
                                          Tecna Extended Special Concept
                                          Interior (ESCI or ESCI III)   
Heath Tecna, Alert Service Bulletin      McDonnell Douglas Model DC-8   
 MarkI-33-A2, Revision 1, July 24, 1996.  series airplanes retrofitted  
                                          with Heath Tecna Mark I       
                                          interior                      
Heath Tecna, Alert Service Bulletin      Boeing Model 707 series        
 MarkI-33-A3, Revision 1, July 24, 1996.  airplanes retrofitted with the
                                          Heath Tecna Mark I interior.  
Heath Tecna, Alert Service Bulletin      Boeing Model 727 series        
 MarkI-33-A4, Revision 1, July 24, 1996.  airplanes retrofitted with the
                                          Heath Tecna Mark I interior.  
Heath Tecna, Alert Service Bulletin      Boeing Model 737 series        
 MarkI-33-A5, Revision 1, July 24, 1996.  airplanes retrofitted with the
                                          Heath Tecna Mark I interior.  
Heath Tecna, Service Bulletin Spmk       Boeing Model 727 series        
 Markl-33-A1, Revision 1, July 24, 1996.  airplanes retrofitted with the
                                          Heath Tecna Spacemaker II or  
                                          Spacemaker IIa interior.      
Heath Tecna, Service Bulletin Spmk-33-   Boeing Model 737 series        
 A2, Revision 1, July 24, 1996.           airplanes retrofitted with the
                                          Heath Tecna Spacemaker II or  
                                          Spacemaker IIa interior.      
------------------------------------------------------------------------

    (b) As of the effective date of this AD, no person shall install 
in the upper or lower cabin sidewall of any airplane a Day-Ray 
fluorescent light ballast having a part number listed in Table 1 of 
this AD, unless a protective cover is installed on the ballast in 
accordance with Day-Ray Alert Service Bulletin 33A01, dated March 
25, 1996.
    (c) 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 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Los Angeles ACO.

    (d) 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.

    Issued in Renton, Washington, on September 30, 1996.
James V. Devany,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-25575 Filed 10-04-96; 8:45 am]
BILLING CODE 4910-13-U