[Federal Register Volume 63, Number 40 (Monday, March 2, 1998)]
[Proposed Rules]
[Pages 10156-10157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5203]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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  Federal Register / Vol. 63, No. 40 / Monday, March 2, 1998 / Proposed 
Rules  

[[Page 10156]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-CE-116-AD]
RIN 2120-AA64


Airworthiness Directives; SAFT America Inc. Part Number (P/N) 
021929-000 (McDonnell Douglas P/N 43BO34LB02) and P/N 021904-000 
(McDonnell Douglas P/N 43BO34LB03) Nickel Cadmium Batteries

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to adopt a new airworthiness directive 
(AD) that would apply to SAFT America Inc. P/N 021929-000 (McDonnell 
Douglas P/N 43BO34LB02) and P/N 021904-000 (McDonnell Douglas P/N 
43BO34LB03) nickel cadmium batteries that are installed on aircraft. 
The proposed AD would require replacing all battery terminal screws, 
verifying that the battery contains design specification cells, and 
replacing the cells if the battery contains non-design specification 
cells. The proposed AD is the result of an incident where the cell 
screws on one of the affected batteries were exposed to chloride, which 
caused the heads of some fasteners to shear off and eventually resulted 
in the battery exploding. The actions specified by the proposed AD are 
intended to prevent such an occurrence, which could result in loss of 
emergency power to electrical flight components or other emergency 
power systems required in the event of loss of the aircraft primary 
power source.

DATES: Comments must be received on or before May 8, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 97-CE-116-AD, Room 1558, 601 E. 12th 
Street, Kansas City, Missouri 64106. Comments may be inspected at this 
location between 8 a.m. and 4 p.m., Monday through Friday, holidays 
excepted.
    Service information that applies to the proposed AD may be obtained 
from SAFT America Inc., 711 Industrial Boulevard, Valdosta, Georgia 
31601; telephone: (912) 245-2820; facsimile: (912) 245-2827. This 
information also may be examined at the Rules Docket at the address 
above.

FOR FURTHER INFORMATION CONTACT: Hector Hernandez, Aerospace Engineer, 
Atlanta Aircraft Certification Office, One Crown Center, 1895 Phoenix 
Boulevard, suite 450, Atlanta, Georgia 30349; telephone: (770) 703-
6069; facsimile: (770) 703 6097.

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 should 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 that summarizes 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 No. 97-CE-116-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, Central Region, Office of the Regional Counsel, Attention: 
Rules Docket No. 97-CE-116-AD, Room 1558, 601 E. 12th Street, Kansas 
City, Missouri 64106.

Discussion

    The FAA has received a report of an incident where a certain SAFT 
America Inc. nickel cadmium battery (installed on a McDonnell Douglas 
DC-9 aircraft) exploded during preflight. Examination revealed that the 
battery cell (terminal) screws were exposed to chloride. This caused 
the socket head of some fasteners to shear off.
    Sheared fastener heads cause the possibility of other hardware in 
the battery to come into contact with the negative and positive battery 
terminals. This causes shorting of the battery with possible explosion.
    The SAFT America Inc. batteries affected that are susceptible to 
this problem are part number (P/N) 021929-000 (McDonnell Douglas P/N 
43BO34LB02) and P/N 021904-000 (McDonnell Douglas P/N 43BO34LB03).

Relevant Service Information

    SAFT America Inc. has issued SAFT Aviation Batteries Mandatory 
Service Bulletin Document No. A00027, Rev. F, dated January 15, 1998, 
which specifies procedures for replacing all terminal screws in an 
affected battery and verifying that the battery contains design 
specification cells.

The FAA's Determination

    After examining the circumstances and reviewing all available 
information related to the incidents described above, including the 
referenced service bulletin, the FAA has determined that AD action 
should be taken to prevent the battery from shorting out or exploding 
if the heads of fasteners become sheared off. This could result in loss 
of emergency power to electrical flight components or other emergency 
power systems required in the event of loss of the aircraft primary 
power source.

Explanation of the Provisions of the Proposed AD

    Since an unsafe condition has been identified that is likely to 
exist or

[[Page 10157]]

develop in aircraft that have a SAFT P/N 021929-000 (McDonnell Douglas 
P/N 43BO34LB02) or P/N 021904-000 (McDonnell Douglas P/N 43BO34LB03) 
nickel cadmium battery installed, the FAA is proposing AD action. The 
proposed AD would require replacing all battery terminal screws, 
verifying that the battery contains design specification cells, and 
replacing the cells if the battery contains non-design specification 
cells. Accomplishment of the proposed actions would be in accordance 
with the previously referenced service information.

Cost Impact

    The FAA estimates that 1,004 aircraft in the U.S. registry could 
have at least one of the affected batteries installed and would be 
affected by the proposed AD, that it would take approximately 16 
workhours per aircraft to accomplish the proposed actions, and that the 
average labor rate is approximately $60 an hour. Parts cost 
approximately $78 per battery (two batteries per aircraft = $156). 
Based on these figures, the total cost impact of the proposed AD on 
U.S. operators is estimated to be $1,120,464, or $1,116 per aircraft if 
all aircraft have two batteries installed.

Compliance Time of the Proposed AD

    The unsafe condition specified by the proposed AD is caused by 
corrosion. Corrosion can occur regardless of whether the aircraft is in 
operation or is in storage. Therefore, to assure that the unsafe 
condition specified in the proposed AD does not go undetected for a 
long period of time, the compliance is presented in calendar time 
instead of hours time-in-service (TIS).

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 action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under 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 has been placed 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 a new airworthiness directive 
(AD) to read as follows:

Saft America Inc.: Docket No. 97-CE-116-AD.

    Applicability: Part Number (P/N) 021929-000 (McDonnell Douglas 
P/N 43BO34LB02) and P/N 021904-000 (McDonnell Douglas P/N 
43BO34LB03) Nickel Cadmium Batteries that are installed on, but not 
limited to, McDonnell Douglas DC-9 and MD-80 aircraft, all serial 
numbers, certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision that incorporates one of the 
affected batteries, regardless of whether it has been modified, 
altered, or repaired in the area subject to the requirements of this 
AD. For aircraft 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 at the next scheduled battery maintenance 
that occurs 3 calendar months after the effective date of this AD or 
within the next 15 calendar months after the effective date of this 
AD, whichever occurs first, unless already accomplished.
    To prevent the battery from shorting out or exploding if the 
heads of fasteners become sheared off, which could result in loss of 
emergency power to electrical flight components or other emergency 
power systems required in the event of loss of the aircraft primary 
power source, accomplish the following:
    (a) Replace all battery terminal screws, verify that the battery 
contains design specification cells, and replace the cells if the 
battery contains non-design specification cells. Accomplish these 
actions in accordance with the INSTRUCTIONS section of SAFT Aviation 
Batteries Mandatory Service Bulletin Document No. A00027, Rev F, 
dated January 15, 1998.
    (b) 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 aircraft to a location where 
the requirements of this AD can be accomplished.
    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an equivalent level of safety may be 
approved by the Manager, Atlanta Aircraft Certification Office, One 
Crown Center, 1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 
30349. The request shall be forwarded through an appropriate FAA 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Atlanta Aircraft Certification Office.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Atlanta Aircraft Certification Office.

    (d) All persons affected by this directive may obtain copies of 
the document referred to herein upon request to SAFT America Inc., 
711 Industrial Boulevard, Valdosta, Georgia 31601; or may examine 
this document at the FAA, Central Region, Office of the Regional 
Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.

    Issued in Kansas City, Missouri, on February 23, 1998.
Marvin R. Nuss,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-5203 Filed 2-27-98; 8:45 am]
BILLING CODE 4910-13-U