[Federal Register Volume 65, Number 229 (Tuesday, November 28, 2000)]
[Rules and Regulations]
[Pages 70783-70785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29802]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-356-AD; Amendment 39-12004; AD 2000-23-31]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-82 (MD-82) 
and DC-9-83 (MD-83) 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-9-82 (MD-82) and 
DC-9-83 (MD-83) series airplanes, and

[[Page 70784]]

Model MD-88 airplanes. This action requires deactivating the left and 
right lower sidewall lights located in the passenger compartment. This 
action is necessary to prevent arcing and heat damage of the Luminator 
fluorescent lamp holders located outboard of the Passenger Service Unit 
panel, which could result in smoke and fire in the passenger 
compartment. This action is intended to address the identified unsafe 
condition.

DATES: Effective December 13, 2000.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of December 13, 2000.
    Comments for inclusion in the Rules Docket must be received on or 
before January 29, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-356-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2000-NM-356-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    The service information referenced in this AD 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, 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: Elvin K. Wheeler, Aerospace Engineer, 
Airframe Branch, ANM-130L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; 
telephone (562) 627-5344; fax (562) 627-5210.

SUPPLEMENTARY INFORMATION: The FAA has received a report from an 
operator of one instance of fire in the passenger compartment on a 
Model DC-9-82 (MD-82) airplane while the airplane was parked at the 
gate. Findings from the investigation indicate the source of the fire 
was due to arcing of the Luminator fluorescent lamp holder. Test 
findings indicate that the possibility of arcing exists when a 
combination of Page ballasts and Luminator fluorescent lamp holders is 
installed on these airplanes. Such arcing is attributed to the output 
of the Page ballast when fluorescent lamps are installed improperly in 
worn or deteriorated Luminator fluorescent lamp holders. The subject 
components on affected Model DC-9-83 (MD-83) series airplanes and MD-88 
airplanes are identical to those installed on the affected Model DC-9-
82 (MD-82) series airplanes. Therefore, all of these models may be 
subject to the same unsafe condition.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Alert Service Bulletin 
MD80-33A115, dated August 10, 2000, which describes procedures for 
deactivating the left and right lower sidewall lights located outboard 
of the Passenger Service Unit panel.

Explanation of the Requirements of the Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design, this AD is 
being issued to prevent arcing and heat damage of the fluorescent lamp 
holders by deactivating the left and right lower sidewall lights 
located in the passenger compartment. This AD requires accomplishment 
of the actions specified in the alert service bulletin described 
previously.

Interim Action

    This is considered to be interim action until final action is 
identified, at which time the FAA may consider further rulemaking.

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.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the AD is 
being requested.
     Include justification (e.g., reasons or data) for each 
request.
    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 2000-NM-356-AD.'' The postcard will be date stamped 
and returned to the commenter.

Regulatory Impact

    The regulations adopted herein will not have a substantial direct 
effect 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, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.

[[Page 70785]]

    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.

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:

2000-23-31  McDonnell Douglas: Amendment 39-12004. Docket 2000-NM-
356-AD.

    Applicability: Model DC-9-82 (MD-82) and DC-9-83 (MD-83) series 
airplanes, and Model MD-88 airplanes, certificated in any category, 
as listed in Boeing Alert Service Bulletin MD80-33A115, dated August 
10, 2000.


    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 (b) 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 arcing and heat damage of the Luminator fluorescent 
lamp holders located outboard of the Passenger Service Unit panel, 
which could result in smoke and fire in the passenger compartment, 
accomplish the following:

Deactivation

    (a) Within 90 days after the effective date of this AD, 
deactivate the left and right lower sidewall lights located in the 
passenger compartment, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin MD80-33A115, dated 
August 10, 2000.

Alternative Methods of Compliance

    (b) 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. 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 Manager, Los Angeles ACO.

Special Flight Permits

    (c) 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.

Incorporation by Reference

    (d) The deactivation shall be done in accordance with Boeing 
Alert Service Bulletin MD80-33A115, dated August 10, 2000. 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 Boeing Commercial Aircraft Group, 
Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 
90846, Attention: Technical Publications Business Administration, 
Dept. 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, 3960 
Paramount Boulevard, Lakewood, California; or at the Office of the 
Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC.

Effective Date

    (e) This amendment becomes effective on December 13, 2000.

    Issued in Renton, Washington, on November 15, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-29802 Filed 11-27-00; 8:45 am]
BILLING CODE 4910-13-U