[Federal Register Volume 66, Number 31 (Wednesday, February 14, 2001)]
[Proposed Rules]
[Pages 10241-10243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3673]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-SW-38-AD]
RIN 2120-AA64


Airworthiness Directives; Marathon Power Technologies Company

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes adopting a new airworthiness directive 
(AD) for certain nickel cadmium batteries produced by Marathon Power 
Technologies Company (Marathon). The AD would require visually 
inspecting screws installed on Marathon batteries and replacing certain 
unairworthy screws. This proposal is prompted by an explosion of a 
G.E./Saft battery due to failure of an unairworthy screw. Certain 
Marathon batteries are a similar design and could have the same 
unairworthy screws. The actions specified by the proposed AD are 
intended to prevent an explosion of a battery, structural damage, and 
subsequent loss of power to the electrical systems.

DATES: Comments must be received on or before April 16, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2000-SW-38-AD, 2601 Meacham Blvd., Room 
663, Fort Worth, Texas 76137. You may also send comments electronically 
to the Rules Docket at the following address: [email protected]. 
Comments may be inspected at the Office of the Regional Counsel between 
9 a.m. and 3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Aaron Cornelius, Aviation Safety 
Engineer, FAA, Special Certification Office, Fort Worth, TX 76193-0190; 
telephone (817) 222-4637, fax (817) 222-5785.

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 will 
be considered before taking action on the proposed rule. The proposals 
contained in this document 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 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 mailed 
comments submitted in response to this proposal must submit a self-
addressed, stamped postcard on which the following statement is made: 
``Comments to Docket No. 2000-SW-38-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, Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2000-SW-38-AD, 2601 Meacham Blvd., Room 
663, Fort Worth, Texas 76137.

Discussion

    This document proposes adopting a new AD for certain nickel cadmium 
batteries produced by Marathon. The AD would require inspecting any 
affected battery to verify that each #10-32 socket head cap screw 
(screw) is part number (P/N) 10488-020 with two rows of straight 
knurls, which is the correct screw hardware. This AD also requires, 
before further flight, replacing any screw found with only one knurl or 
no knurl with a screw, P/N 10488-020, with two knurls. This proposal is

[[Page 10242]]

prompted by an explosion of a G.E./Saft battery during routine 
maintenance on a McDonnell Douglas DC-9 aircraft. Marathon battery, P/N 
27183-001, is similar to the GE/Saft battery that exploded. A battery 
cell screw head broke off causing an electrical short circuit between 
the internal battery cell positive and negative posts. This resulted in 
a rapid discharge of energy, heat, and gases. Investigation revealed 
unapproved screws were installed, and maintenance procedures did not 
comply with the manufacturer's recommendations. Metallurgical tests 
cited chloride as a factor in causing the heads of the failed screws to 
shear and the eventual explosion of the battery. The actions specified 
by the proposed AD are intended to prevent an explosion of a battery, 
structural damage, and subsequent loss of power to the electrical 
systems.
    We have identified an unsafe condition that is likely to exist or 
develop on other aircraft with Marathon batteries installed that are 
similar in design to the GE/Saft battery that exploded. Both are 
designed with similar #10-32 screws, P/N 10488-020. The proposed AD 
would require visually inspecting each #10-32 screw in certain Marathon 
batteries within 12 months or the next scheduled battery maintenance 
and, before further flight, replacing any unairworthy screw with an 
airworthy screw, P/N 10488-020.
    The FAA estimates that 1814 aircraft would be affected by this 
proposed AD, that it would take approximately 2 work hours to replace 
any unairworthy screws with airworthy screws for each battery, and that 
the average labor rate is $60 per work hour. Required parts would cost 
approximately $100 per battery if all screws were replaced. Based on 
these figures, the total cost impact of the proposed AD on U.S. 
operators is estimated to be $399,080.
    The regulations proposed herein would 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 proposal would not have federalism implications 
under Executive Order 13132.
    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 a new airworthiness directive 
to read as follows:

Marathon Power Technologies Company: Docket No. 2000-SW-33-AD.

    Applicability: Marathon Power Technologies Company (Marathon) 
nickel cadmium batteries, installed in but not limited to the 
aircraft models shown in Table 1, certificated in any category:

                                 Table 1
------------------------------------------------------------------------
                                          Airframe
   Marathon P/N       Battery type      manufacturer     Model aircraft
------------------------------------------------------------------------
31718-002........  TCA-1742           Aerospatiale....  ATR 42, 72
                                                         Series
27515-002........  CTCA-21H-1         Agusta..........  119 Koala
30703-002........  TMA-5-20C          Agusta..........  412/212
29365-01C........  CA-1700            Bell Helicopter   206A, B, L
                                       Textron, Inc.
                                       (BHTI).
30450-001........  CA-170A            BHTI............  206L-1, L-3
30135-001........  SP-1700            BHTI............  206A, B, L
30135-002........  SP-1700L           BHTI............  206A, B, L
30554-01C........  SP-170A            BHTI............  206L-1, L-3
32007-001........  SP-170AL           BHTI............  206l-1, 206l-2
32703-001........  TMA-5-20           BHTI............  204B, 205A, 205A-
                                                         1, 212, 222,
                                                         222B, 222U, 412
31871-001........  TSP-1722           BHTI............  222, 222B
26069-001........  KCA-727            Boeing..........  727 Series
29986-001........  TCA-7              Boeing..........  234
31918-001........  TSP-1760L          Bombardier/       CL 600-2B19
                                       Canadair.
29094-002........  BTCA-5-20          British           3101, 3201
                                       Aerospace
                                       (Jetstream).
31392-002........  TSP-940            British           146 Series 100A,
                                       Aerospace         200A
                                       (Raytheon
                                       Corporate Jets
                                       Ltd).
30250-001........  BTCA-9-20A         British           3101, 3201
                                       Aerospace
                                       (Jetstream).
29486-001........  ATCA-21H           Cessna..........  441
29094-001........  BTCA-5             DeHavilland       DHC-6-1, -100,
                                       (Boeing Canada).  200, 300, DHC-7-
                                                         1, -100, -101,
                                                         102, -103
29360-002........  BTMA-5-20          Embraer.........  EMB 110P1, 110P2
29206-001........  CA-91-20           Fairchild         SA26AT, SA226T,
                                       (Swearingen).     SA226AT,
                                                         SA226T(B),
                                                         SA226TC
28974-001........  CA-9-20            Fairchild         SA26AT, SA226T,
                                       (Swearingen).     SA226AT,
                                                         SA226T(B),
                                                         SA226TC
29341-001........  CA-20H-20          Fokker..........  F27 Series
29017-002........  TCA-5-20-1         Learjet.........  24, 25, 35
30839-001........  CA-139             McDonnell         DC-9 Series
                                       Douglas.
30695-001........  TCA-1753           McDonnell         369D, H, HM, HE,
                                       Douglas           serial number
                                       (Hughes).         (S/N) 001 thru
                                                         1308, 369HS S/N
                                                         781S thru 874S
30896-001........  TCA-1754           McDonnell         369HS S/N 001S
                                       Douglas           thru 780S
                                       (Hughes).
30695-002........  TCA-1753           McDonnell         369D, H, HM, HE,
                                       Douglas           S/N 001 thru
                                       (Hughes).         1308, 369HS S/N
                                                         781S thru 874S

[[Page 10243]]

 
30900-001........  TSP-1754           McDonnell         369HS S/N 001S
                                       Douglas           thru 780S
                                       (Hughes).
30949-001........  TSP-1755           McDonnell         369D S/N 1309 &
                                       Douglas           Sub., E S/N 125
                                       (Hughes).         & Sub., F S/N
                                                         55 & sub., FF S/
                                                         N 55 & Sub.
30703-001........  TMA-5-20           Piaggio.........  P-166DL3, P-166
29248-001........  KTCA-21H-20        Short Brothers..  SD3-30
29487-002........  CA-176             Sikorsky........  S76A Series
29490-001........  CA-376             Sikorsky........  S76A Series
31202-001........  SP-276             Sikorsky........  S76B Series
27183-001........  CA-13              McDonnell         DC-9, MD-80
                                       Douglas.
------------------------------------------------------------------------


    Note 1: This AD applies to each aircraft identified in the 
preceding applicability provision that incorporates one or more of 
the affected batteries, regardless of whether it has been otherwise 
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 (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 within 12 months or the next scheduled 
battery maintenance, whichever occurs first.
    To prevent an explosion of the battery, structural damage, and 
subsequent loss of power to the electrical systems, accomplish the 
following:
    (a) Visually inspect each #10-32 screw in the battery at the 
terminals to verify that each screw has two (2) rows of straight 
knurls (see Figure 1). If a screw is found with only one knurl or no 
knurl (see Figure 1), before further flight, fully discharge the 
battery, remove the unairworthy screw and replace it with an 
airworthy screw, P/N 10488-020.
[GRAPHIC] [TIFF OMITTED] TP14FE01.000

    (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, Special Certification Office, 
Rotorcraft Directorate, FAA. Operators shall submit their requests 
through an FAA Principal Maintenance Inspector, who may concur or 
comment and then send it to the Manager, Special Certification 
Office.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Special Certification Office.
    (c) Special flight permits may be issued in accordance with 
sections 14 CFR 21.197 and 21.199 to operate the aircraft to a 
location where the requirements of this AD can be accomplished.


    Issued in Fort Worth, Texas, on February 2, 2001.
Eric Bries,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 01-3673 Filed 2-13-01; 8:45 am]
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