[Federal Register Volume 64, Number 28 (Thursday, February 11, 1999)]
[Rules and Regulations]
[Pages 6788-6791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3189]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96-NM-163-AD; Amendment 39-11034; AD 99-04-10]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
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, that requires a visual inspection to determine 
the type of fluorescent light ballasts installed in the cabin sidewall, 
and the replacement of suspect ballasts with new or serviceable 
ballasts. This amendment 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 this AD are intended to prevent fire in the 
passenger compartment resulting from failure of the fluorescent light 
ballast of the cabin sidewall.

DATES: Effective March 18, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 18, 1999.

ADDRESSES: The service information referenced in this AD 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 The 
Boeing Company, Douglas Products Division, 3855 Lakewood Boulevard, 
Long Beach, California 90846, Attention: Technical Publications 
Business Administration, Department C1-L51 (2-60); or Boeing Commercial 
Airplane Group, P.O. Box 3707, Seattle, Washington 98124-2207. This 
information may be examined at the Federal Aviation Administration 
(FAA), Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue, 
SW., Renton, Washington; or at the FAA, Transport Airplane Directorate, 
Los Angeles Aircraft Certification Office, 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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an 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 was published as a 
supplemental notice of proposed rulemaking (NPRM) in the Federal 
Register on February 19, 1998 (63 FR 8374). That action proposed to 
require a visual inspection to determine the type of fluorescent light 
ballasts installed in the cabin sidewall, and the replacement of 
suspect ballasts with new or serviceable ballasts.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Support for the Proposal

    Several commenters support the proposed rule.

Request To Revise Cost Impact Information

    One commenter states that, based on prior experience with replacing 
the light ballasts on its airplanes, the work hours necessary to 
accomplish the proposed replacement is greater than the estimate of 50 
work hours per airplane, and the parts cost is greater than the 
estimate of $8,550 per airplane (which were the estimates provided in 
the proposed rule). The FAA infers that the commenter is requesting 
that the estimates for the work hours and parts cost specified in the 
cost impact information of the proposed rule be revised upward in the 
final rule.
    The FAA does not concur with the commenter's request to revise the 
cost impact information. As stated in the supplemental NPRM, the FAA 
used an average of $150 per ballast parts cost and 57 light ballasts 
per airplane to estimate the cost impact of the proposal. Also, the 
estimate of 50 work hours necessary for the replacement is based on the 
estimated average number of 57 ballasts per airplane. The FAA 
recognizes that actual per-airplane costs will vary, because different 
airplane models have different numbers of ballasts, and the cost of 
parts and the number of work hours necessary to install those parts are 
different for different airplane models. Also, because this final rule 
is applicable to all transport category airplanes that are equipped 
with Day-Ray fluorescent light ballasts having certain part numbers, 
and is not limited to specific airplane models, it is not possible for 
the FAA to provide precise cost estimates for all affected airplanes. 
For these reasons, the FAA finds that no change to the cost impact 
information stated in the final rule is necessary.

Request To Remove Airplanes From Applicability

    Several commenters request that McDonnell Douglas DC-9-80 series 
airplanes and MD-88 airplanes be excluded from the applicability of the 
proposed rule. The commenters state that AD 97-08-07, amendment 39-9995 
(62 FR 28798, May 28, 1997), already requires the removal and 
replacement of Day-Ray ballasts from those airplanes.
    The FAA concurs with the commenters' request to remove McDonnell 
Douglas DC-9-80 series airplanes and MD-88 airplanes from the 
applicability of this AD. The FAA finds that these airplanes are 
subject to the requirements of AD 97-08-07. Therefore, the 
applicability statement of this final rule has been revised to 
eliminate reference to McDonnell Douglas DC-9-80 series airplanes and 
MD-88 airplanes. Also, Table 2 of this final rule has been revised to 
remove two service bulletins that were listed in the proposed rule as 
appropriate sources of service information for the

[[Page 6789]]

replacement of light ballasts on McDonnell Douglas DC-9-80 series 
airplanes and MD-88 airplanes.

Request To Reference New Service Information

    One commenter requests that the supplemental NPRM be revised to 
reference McDonnell Douglas Service Bulletin DC9-33-111, dated May 6, 
1997, in lieu of McDonnell Douglas Service Bulletin DC9-33-103, dated 
May 30, 1996, which was cited in the supplemental NPRM as the 
appropriate source of service information for accomplishment of certain 
proposed actions. The commenter notes that McDonnell Douglas Service 
Bulletin DC9-33-103 provides an option to install a protective cover 
over the subject light ballast; however, the FAA issued the 
supplemental NPRM to eliminate the option to install such protective 
covers. The commenter states that the effectivity listing is the same 
in both service bulletins.
    The FAA partially concurs with the commenter's request. The FAA has 
reviewed and approved McDonnell Douglas Service Bulletin DC9-33-111, 
and has determined that, for McDonnell Douglas Model DC-9-30, -40, and 
-50 series airplanes, replacement of existing Day-Ray light ballasts 
with new or serviceable light ballasts in accordance with that service 
bulletin is an acceptable method of compliance for the requirements of 
this AD.
    However, the FAA's intent is that McDonnell Douglas Service 
Bulletin DC9-33-103 is an acceptable source of service information for 
accomplishment of the requirements of paragraph (a) of this AD, 
provided that no protective covers are installed. Therefore, Table 2 of 
the final rule has been revised to add McDonnell Douglas Service 
Bulletin DC9-33-111 as an acceptable source of service information for 
accomplishment of the requirements of this AD. In addition, NOTE 2 has 
been added to the final rule to specify that, ``Replacement of light 
ballasts on McDonnell Douglas Model DC-9-30, -40, and -50 series 
airplanes; in accordance with McDonnell Douglas Service Bulletin DC9-
33-103, dated May 30, 1996; is acceptable for compliance with the 
requirements of paragraph (a) of this AD, provided that no protective 
covers are installed on the light ballasts.''

Request To Allow Records Search in Lieu of Inspection

    One commenter requests that the FAA allow operators to search their 
airplane records to determine if suspect ballasts are installed, in 
lieu of performing the inspection specified in paragraph (a) of the 
supplemental NPRM. The commenter provides no justification for its 
request.
    The FAA does not concur with the commenter's request to allow a 
records search in lieu of the inspection. The FAA finds that, although 
some operators' records may be excellent, a records search may not 
provide an adequate level of safety assurance for all airplanes in the 
transport fleet. No change to the final rule is necessary in this 
regard.

Request To Extend Compliance Time

    Two commenters request that the compliance time for the replacement 
of suspect ballasts be extended beyond the proposed 12 months to allow 
accomplishment of the replacement during regularly scheduled ``C'' 
checks. One of the commenters notes that there has not been a single 
incident of a fire on McDonnell Douglas DC-10 series airplanes that was 
attributed to the subject light ballast.
    The FAA does not concur with the commenters' request to extend the 
compliance time. The FAA has considered the severity of the unsafe 
condition (fire in the passenger compartment resulting from failure of 
the fluorescent light ballast of the cabin sidewall) and has determined 
that 12 months after the effective date of this AD represents an 
appropriate compliance time to ensure the safety of the transport 
airplane fleet. The FAA also has determined that a sufficient supply of 
parts is available to allow for accomplishment of the replacement 
within that timeframe. No change to the final rule is necessary in this 
regard. However, under the provisions of paragraph (c) of this final 
rule, the FAA may approve requests for adjustment of the compliance 
time in cases where the operator presents evidence that an alternate 
method of compliance would provide an acceptable level of safety.

Request To Allow Use of Alternative Type of Replacement Ballast

    One commenter requests that the FAA allow a new type of replacement 
ballast, manufactured by Day-Ray, to be installed as an alternative to 
the light ballasts manufactured by Bruce Industries that were specified 
in paragraph (a) of the supplemental NPRM. The commenter states that it 
anticipates FAA approval of the design prior to issuance of the final 
rule.
    The FAA does not concur with the commenter's request to approve the 
use of a new Day-Ray ballast. The new replacement ballast to which the 
commenter refers has not been approved as of the issuance of this final 
rule, and the FAA cannot approve the installation of a particular part 
prior to design approval of that part. Furthermore, the FAA finds that 
to delay this rulemaking action would be inappropriate in light of the 
identified unsafe condition. However, once a new ballast has been 
approved, under the provisions of paragraph (c) of this final rule, the 
FAA may approve requests for an alternative method of compliance to 
allow use of such a new ballast. No change to the final rule is 
necessary in this regard.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes described 
previously. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

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 will be affected by this AD.
    It will take approximately 25 work hours per airplane to accomplish 
the required inspection, at an average labor rate of $60 per work hour. 
Based on these figures, the cost impact of the AD on U.S. operators is 
estimated to be $1,500 per airplane.
    Should an operator be required to accomplish the replacement of the 
light ballasts, it will require approximately 50 work hours per 
airplane, at an average labor rate of $60 per work hour. Required parts 
will 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 the replacement required by this 
AD on U.S. operators is estimated to be $11,550 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the 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 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

[[Page 6790]]

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.
    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) 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 final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

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:

99-04-10 Transport Category Airplanes: Amendment 39-11034. Docket 
96-NM-163-AD.

    Applicability: Airplanes equipped with Day-Ray Products, Inc., 
cabin sidewall fluorescent light ballasts having part numbers listed 
in Table 1 of this AD; including, but not limited to, McDonnell 
Douglas Model DC-9, 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
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                    Name                               Part No.
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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 applies to each airplane identified in the 
preceding applicability provision, regardless of whether it 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 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, 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.

  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, 1996.       series airplanes listed in
                                          effectivity of service
                                          bulletin.
McDonnell Douglas, DC-9 Service           Model DC-9-30, -40, and -50
 Bulletin DC9-33-111, May 6, 1997.        series airplanes listed in
                                          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 airplanes and KC-10A
                                          airplanes listed in
                                          effectivity of service
                                          bulletin.
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, Alert Service Bulletin      Boeing Model 727 series
 Spmk-33-A1, Revision 1, July 24, 1996.   airplanes, retrofitted with
                                          the Heath Tecna Spacemaker II
                                          or Spacemaker IIa interior.
Heath Tecna, Alert Service Bulletin      Boeing Model 737 series
 Spmk-33-A2, Revision 1, July 24, 1996.   airplanes, retrofitted with
                                          the Heath Tecna Spacemaker II
                                          or Spacemaker IIa interior.
------------------------------------------------------------------------

    Note 2: Replacement of light ballasts on McDonnell Douglas Model 
DC-9-30, -40, and -50 series airplanes; in accordance with McDonnell 
Douglas Service Bulletin DC9-33-103, dated May 30, 1996; is 
acceptable for compliance with the requirements of paragraph (a) of 
this AD, provided that no protective covers are installed on the 
light ballasts.

    (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.
    (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

[[Page 6791]]

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 
Secs. 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.
    (e) The replacement shall be done in accordance with the 
following McDonnell Douglas and Heath Tecna service bulletins, as 
applicable, which contain the specified list of effective pages:

----------------------------------------------------------------------------------------------------------------
 Service bulletin referenced and                               Revision level shown on
               date                         Page No.                    page               Date shown on page
----------------------------------------------------------------------------------------------------------------
McDonnell Douglas, DC9-33-103,     1-10.....................  Original................  May 30, 1996.
 May 30, 1996.
McDonnell Douglas, DC9-33-111,     1-10.....................  Original................  May 6, 1997.
 May 6, 1997.
McDonnell Douglas, DC10-33-073,    1-9......................  Original................  June 18, 1996.
 June 18, 1996.
Heath Tecna, Alert Service         1-3,5....................  New.....................  April 3, 1996.
 Bulletin, MarkI-33-A2, Revision   4........................  1.......................  July 24, 1996.
 1, July 24, 1996.
Heath Tecna, Alert Service         1-2......................  New.....................  April 4, 1996.
 Bulletin, MarkI-33-A3, Revision   3-4......................  1.......................  July 24, 1996.
 1, July 24, 1996.
Heath Tecna, Alert Service         1-2......................  New.....................  April 8, 1996.
 Bulletin, MarkI-33-A4, Revision   3-4......................  1.......................  July 24, 1996.
 1, July 24, 1996.
Heath Tecna, Alert Service         1-2......................  New.....................  April 9, 1996.
 Bulletin, MarkI-33-A5, Revision   3-4......................  1.......................  July 24, 1996.
 1, July 24, 1996.
Heath Tecna, Alert Service         1-2......................  New.....................  April 10, 1996.
 Bulletin, Spmk-33-A1, Revision    3-4......................  1.......................   July 24, 1996.
 1, July 24, 1996.
Heath Tecna, Alert Service         1-2......................  New.....................  April 11, 1996.
 Bulletin, Spmk-33-A2, Revision    3-4......................  1.......................  July 24, 1996.
 1, July 24, 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 Day-Ray Products, Inc., 1133 Mission 
Street, South Pasadena, California 91031; or Hexcel Corporation, 
Heath Tecna Interiors, 3225 Woburn Street, Bellingham, Washington 
98226; or The Boeing Company, Douglas Products Division, 3855 
Lakewood Boulevard, Long Beach, California 90846, Attention: 
Technical Publications Business Administration, Department C1-L51 
(2-60); or Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, 
Washington 98124-2207. Copies may be inspected at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or 
at the FAA, Transport Airplane Directorate, Los Angeles Aircraft 
Certification Office, 3960 Paramount Boulevard, Lakewood, 
California; or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.
    (f) This amendment becomes effective on March 18, 1999.

    Issued in Renton, Washington, on February 4, 1999.
John J. Hickey,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-3189 Filed 2-10-99; 8:45 am]
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