[Federal Register Volume 64, Number 167 (Monday, August 30, 1999)]
[Proposed Rules]
[Pages 47144-47146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22393]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-186-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-10, -20, -
30, -40, and -50 Series Airplanes, and C-9 (Military) Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain McDonnell Douglas Model 
DC-9-10, -20, -30, -40, and -50 series airplanes, and C-9 (military) 
airplanes. This proposal would require a one-time general visual 
inspection to detect certain discrepancies in the wiring of the fuel 
quantity indicating system (FQIS) in the forward cargo compartment; and 
corrective actions, if necessary. This proposal is prompted by a report 
indicating that several discrepancies were found in the wiring of the 
FQIS due to maintenance or alteration practices. The actions specified 
by the proposed AD are intended to prevent excessive electrical energy 
from entering the fuel tanks through the FQIS wiring, which could 
result in a potential ignition source in the fuel tanks.

DATES: Comments must be received by October 14, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 99-NM-186-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 Boeing Commercial Aircraft Group, Long Beach Division, 
3855 Lakewood Boulevard, Long Beach, California 90846, Attention: 
Technical Publications Business Administration, Dept. 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, 
Transport Airplane Directorate, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California.

FOR FURTHER INFORMATION CONTACT: Robert Baitoo, Aerospace Engineer, 
Propulsion Branch, ANM-140L, FAA, Transport Airplane Directorate, Los 
Angeles Aircraft Certification Office, 3960 Paramount Boulevard, 
Lakewood, California 90712-4137; telephone (562) 627-5245; fax (562) 
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

[[Page 47145]]

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 99-NM-186-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-114, Attention: Rules 
Docket No. 99-NM-186-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received a report indicating that, during an inspection 
of 12 randomly selected McDonnell Douglas DC-9 series airplanes, 
certain discrepancies were found in the wiring of the fuel quantity 
indicating system (FQIS) in the forward cargo compartment area due to 
maintenance or alteration practices. These discrepancies include 
missing, loosely installed, or incorrectly sized wiring run attachment 
clamps; FQIS wiring that is string-tied in direct contact with other 
airplane wiring; and non-FQIS wires routed with the FQIS segmented 
conduit. Such conditions, if not corrected, could permit the wires to 
chafe against each other, which could permit excessive electrical 
energy to enter the fuel tanks through the FQIS wiring. This condition 
could result in a potential ignition source in the fuel tanks.

Explanation of Relevant Service Information

    The FAA has reviewed and approved McDonnell Douglas Service 
Bulletin DC9-28-077, dated June 8, 1999, which describes procedures for 
a one-time visual inspection to detect discrepancies (i.e., missing, 
loosely installed, or incorrectly sized wiring run attachment clamps; 
FQIS wiring that is string-tied in direct contact with other airplane 
wiring; and non-FQIS wires routed with the FQIS segmented conduit) in 
the wiring of the FQIS, and repairing or rerouting the wires, if 
necessary. Accomplishment of the action specified in the service 
bulletin is intended to adequately address the identified unsafe 
condition.

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 accomplishment of the actions specified in 
the service bulletin described previously, except as discussed below. 
The proposed AD also would require that operators report results of 
inspection findings to the FAA.

Differences Between Proposed Rule and Service Information

    Operators should note that, although the service bulletin 
recommends accomplishing the visual inspection at the earliest 
practical heavy maintenance period (after the release of the service 
bulletin), the FAA has determined that such an interval would not 
address the identified unsafe condition in a timely manner. In 
developing an appropriate compliance time for this AD, the FAA 
considered not only the manufacturer's recommendation, but the degree 
of urgency associated with addressing the subject unsafe condition, the 
average utilization of the affected fleet, and the time necessary to 
perform the inspection (less than one hour). In light of all of these 
factors, the FAA finds an 18-month compliance time for initiating the 
required actions to be warranted, in that it represents an appropriate 
interval of time allowable for affected airplanes to continue to 
operate without compromising safety.
    Additionally, operators should note that, although the service 
bulletin specifies that the inspection findings should be sent to the 
manufacturer, this proposal would require the inspection findings to be 
sent to the FAA.

Cost Impact

    There are approximately 815 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 577 airplanes of U.S. registry 
would be affected by this proposed AD, that it would take approximately 
1 work hour per airplane to accomplish the proposed inspection, and 
that the average labor rate is $60 per work hour. Based on these 
figures, the cost impact of the proposed AD on U.S. operators is 
estimated to be $34,620, or $60 per airplane.
    The cost impact figure discussed above is 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:

McDonnell Douglas: Docket 99-NM-186-AD.
    Applicability: Model DC-9-10, -20, -30, -40, and -50 series 
airplanes, and C-9 (military) airplanes; as listed in McDonnell 
Douglas Service Bulletin DC9-28-077, dated June 8, 1999; 
certificated in any category.

    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

[[Page 47146]]

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 excessive electrical energy from entering the fuel 
tanks through the fuel quantity indicating system (FQIS) wiring, 
which could result in a potential ignition source in the fuel tanks, 
accomplish the following:

Inspection and Corrective Actions

    (a) Within 18 months after the effective date of this AD, 
perform a one-time general visual inspection to detect discrepancies 
in the wiring of the FQIS in the area of the forward cargo 
compartment in accordance with McDonnell Douglas Service Bulletin 
DC9-28-077, dated June 8, 1999. If any discrepancy is detected, 
prior to further flight, perform the corrective actions specified in 
the service bulletin, except as provided in paragraph (b) of this 
AD.

    Note 2: For the purposes of this AD, a general visual inspection 
is defined as ``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 under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or drop-light, 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.''

Reporting Requirement

    (b) Where the service bulletin specifies to submit a report of 
inspection findings to Boeing: Within 10 days after accomplishing 
the inspection required by paragraph (a) of this AD, submit a report 
of the inspection results (both positive and negative findings) to 
the Manager, Los Angeles Aircraft Certification Office (ACO), FAA, 
Transport Airplane Directorate, 3960 Paramount Boulevard, Lakewood, 
California 90712-4137; ATTN: Robert Baitoo; fax (562) 627-5210. 
Information collection requirements contained in this regulation 
have been approved by the Office of Management and Budget (OMB) 
under the provisions of the Paperwork Reduction Act of 1980 (44 
U.S.C. 3501 et seq.) and have been assigned OMB Control Number 2120-
0056.

    Note 3: Accomplishment of the inspection, corrective action, and 
reporting in accordance with McDonnell Douglas All Operator Letter 
(AOL) 9-2584, dated February 19, 1999; and Interim DC-9 Forward 
Cargo Compartment FQIS Inspection and Information Procedure, 
Revision 1, dated February 11, 1999; is acceptable for compliance 
with the actions required by paragraphs (a) and (b) of this AD.

Alternative Methods of Compliance

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

Special Flight Permits

    (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 August 23, 1999.
Vi L. Lipski,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-22393 Filed 8-27-99; 8:45 am]
BILLING CODE 4910-13-P