[Federal Register Volume 66, Number 101 (Thursday, May 24, 2001)]
[Rules and Regulations]
[Pages 28651-28654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12945]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-86-AD; Amendment 39-12237; AD 2001-10-11]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model MD-90-30 Series 
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 MD-90-30 series 
airplanes. This action requires an inspection of the wiring of the 
primary and alternate static port heaters for chafing, loose 
connections, and evidence of arcing, and to determine what type of 
insulation blanket is installed in the area of the static port heaters; 
and corrective actions, if necessary. This action is necessary to 
ensure that insulation blankets constructed of metallized 
MylarTM are removed or protected from the area of the static 
port heater. Such insulation blankets could propagate a small fire that 
is the result of an electrical short of the static port heater and 
could lead to a much larger fire and smoke in the cabin. This action is 
intended to address the identified unsafe condition.

DATES: Effective June 8, 2001.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of June 8, 2001.
    Comments for inclusion in the Rules Docket must be received on or 
before July 23, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-86-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. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
. Comments sent via fax or the Internet must contain ``Docket No. 2001-
NM-86-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: Data and Service 
Management, Dept. C1-L5A (D800-0024). 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 Wheeler, Aerospace Engineer, 
Systems and Equipment 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: As part of its practice of re-examining all 
aspects of the service experience of a particular aircraft whenever an 
accident occurs, the FAA has become aware of an incident of smoke in 
the cabin on a McDonnell Douglas Model MD-88 airplane. An investigation 
discovered evidence of a fire adjacent to the right-side alternate 
static port heater. It was discovered that the wiring of the static 
port heater had shorted, which caused an ignition source for the 
metallized MylarTM (i.e., polyethyleneteraphthalate) 
insulation blanket directly inboard of the heater element. Insulation 
blankets constructed of metallized MylarTM in the area of 
the static port heater, if not corrected, could propagate a small fire 
that is the result of an electrical short of the static port heater and 
could lead to a much larger fire and smoke in the cabin.
    The static port heater on McDonnell Douglas Model MD-90-30 series

[[Page 28652]]

airplanes and Model DC-9-81, -82, -83, and -87 series airplanes are 
identical to those on the affected Model MD-88 airplane. Therefore, all 
of these models are subject to the same unsafe condition.

Other Related Rulemaking

    The FAA is planning to address the identified unsafe condition of 
McDonnell Douglas Model DC-9-81, -82, -83, and -87 series airplanes, 
and Model MD-88 airplanes in a separate rulemaking action.
    The FAA, in conjunction with Boeing and operators of McDonnell 
Douglas Model MD-90-30 series airplanes, is continuing to review all 
aspects of the service history of those airplanes to identify potential 
unsafe conditions and to take appropriate corrective actions. This 
airworthiness directive (AD) is one of a series of actions identified 
during that process. The process is continuing and the FAA may consider 
additional rulemaking actions as further results of the review become 
available.
    The FAA has previously issued AD 2000-11-01, amendment 39-11749 (65 
FR 34322, May 26, 2000), that address insulation blankets made from 
metallized polyethyleneteraphthalate (MPET) on certain McDonnell 
Douglas Model DC-9-80 and MD-90-30 series airplanes, and Model MD-88 
airplanes. However, this AD does NOT terminate or otherwise amend the 
requirements of AD 2000-11-01.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Alert Service Bulletin 
MD90-30A023, including Appendix, dated March 14, 2001, which describes 
procedures for a visual inspection of the wiring of the primary and 
alternate port heaters for chafing, loose connections, and evidence of 
arcing, and to determine what type of insulation blanket is installed 
in the area of the static port heaters; and corrective actions, if 
necessary. The corrective actions include:
    1. Repairing or replacing wiring with new wiring, if necessary; and
    2. Replacing any metallized MylarTM insulation blanket 
with a metallized Tedlar'' insulation blanket by using the removed 
blanket as a pattern, or applying a Douglas material specification 
(DMS) 1984 tape patch to the outboard side of the metallized 
MylarTM insulation blanket in the area adjacent to the 
primary and alternate static ports and reidentifying the modified 
blankets.
    Accomplishment of the actions specified in the service bulletin is 
intended to adequately address the identified unsafe condition.

Explanation of the Requirements of the Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other McDonnell Douglas Model MD-90-30 series 
airplanes of the same type design, this AD is being issued to ensure 
that insulation blankets constructed of metallized MylarTM 
are removed or protected from the area of the static port heater. Such 
insulation blankets could propagate a small fire that is the result of 
an electrical short of the static port heater and could lead to a much 
larger fire and smoke in the cabin. This AD requires accomplishment of 
the actions specified in the service bulletin described previously, 
except as discussed below.

Differences Between the Service Bulletin and the AD

    Operators should note that, although the referenced service 
bulletin recommends accomplishing the visual inspection within 6 months 
(after the issue date of the service bulletin), the FAA has determined 
that an interval of 6 months 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 (2 hours). In 
light of all of these factors, the FAA finds a 3-month compliance time 
for completing 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.
    For cases where a metallized MylarTM insulation blanket 
is installed, this AD, unlike the referenced service bulletin, provides 
two additional options (i.e., Options 3 and 4). Option 3 removes the 
metallized MylarTM insulation blanket material by cutting 
away the metallized film and fiberglass batting, and sealing the 
trimmed cutout with DMS 1984 tape, so that no fiberglass is exposed. 
Option 4 replaces the metallized MylarTM insulation blanket 
with an insulation blanket that meets the requirements of AD 2000-11-
01, or that has been approved by the Manager, Los Angeles Aircraft 
Certification Office (ACO), as an alternative method of compliance with 
the requirements of AD 2000-11-01. The FAA finds that these actions 
would adequately address the identified unsafe condition.
    Condition 2 of the Accomplishment Instructions of the referenced 
service bulletin addresses metallized Tedlar'' insulation blankets that 
are found installed. Metallized Tedlar'' insulation blankets can be 
reinstalled on airplanes, because they are not subject to the 
identified unsafe condition of this AD. The FAA finds that in addition 
to metallized Tedlar'' insulation blankets, there are other non-
metallized MylarTM insulation blankets that are not subject 
to the identified unsafe condition of this AD. Therefore, for this AD, 
we have decided not to use the phrase ``metallized Tedlar'' insulation 
blankets.'' For these cases, the AD will refer to insulation blankets 
not constructed of metallized MylarTM.

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,

[[Page 28653]]

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 2001-NM-86-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.
    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:

2001-10-11  McDonnell Douglas: Amendment 39-12237. Docket 2001-NM-
86-AD.

    Applicability: Model MD-90-30 series airplanes, as listed in 
Boeing Alert Service Bulletin MD90-30A023, including Appendix, dated 
March 14, 2001; 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 owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (f) 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 ensure that insulation blankets constructed of metallized 
MylarTM are removed or protected from the area of the 
static port heater, which could propagate a small fire that is the 
result of an electrical short of the static port heater and could 
lead to a much larger fire and smoke in the cabin, accomplish the 
following:

Inspection

    (a) Within 3 months after the effective date of this AD, do a 
general visual inspection of the wiring of the primary and alternate 
port heaters for chafing, loose connections, and evidence of arcing, 
and to determine what type of insulation blanket is installed in the 
area of the static port heaters, per Boeing Alert Service Bulletin 
MD90-30A023, including Appendix, dated March 14, 2001.

    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.''


    Note 3: Insulation blankets that are marked with ``DMS 2072, 
Type 2, Class 1, Grade A;'' ``DMS 2072, Type 2, Class 1;'' or ``DMS 
1996, Type 1;'' are constructed of metallized 
polyethyleneteraphthalate (MPET).

Repair or Replacement for Any Chafing, Loose Connection, or Arcing

    (b) If any chafing, loose connection, or arcing is detected 
during the inspection required by paragraph (a) of this AD, before 
further flight, repair or replace wiring with new wiring, per Boeing 
Alert Service Bulletin MD90-30A023, including Appendix, dated March 
14, 2001.

No Metallized MylarTM (i.e., polyethyleneteraphthalate) 
Insulation Blanket(s) Installed

    (c) If the insulation blankets that are installed in the area 
identified in paragraph (a) of this AD are not constructed of 
metallized Mylar'', no further action is required by this AD for 
those blankets.

Metallized MylarTM (i.e., polyethyleneteraphthalate) 
Insulation Blanket(s) Installed

    (d) If any insulation blanket that is installed in the area 
identified in paragraph (a) of this AD is constructed of metallized 
Mylar'', before further flight, do the actions specified in 
paragraph (d)(1), (d)(2), (d)(3), or (d)(4) of this AD.
    (1) Option 1. Replace the metallized MylarTM 
insulation blanket with a metallized TedlarTM insulation 
blanket by using the removed blanket as a pattern, per Boeing Alert 
Service Bulletin MD90-30A023, including Appendix, dated March 14, 
2001.
    (2) Option 2. Apply a Douglas material specification (DMS) 1984 
tape patch to the outboard side of the metallized MylarTM 
insulation blanket in the area adjacent to the primary and alternate 
static ports and reidentify the modified blankets, per Boeing Alert 
Service Bulletin MD90-30A023, including Appendix, dated March 14, 
2001.
    (3) Option 3. Remove the metallized MylarTM 
insulation blanket material by cutting away the metallized film and 
fiberglass batting to match the blanket patch shown in VIEW A or B 
of Figure 1 of Boeing Alert Service Bulletin MD90-30A023, including 
Appendix, dated March 14, 2001. Seal the trimmed cutout with DMS 
1984 tape, so that no fiberglass is exposed.
    (4) Option 4. Replace the metallized MylarTM 
insulation blanket with an insulation blanket that meets the 
requirements of AD 2000-11-01, amendment 39-11749, or that has been 
approved by the Manager, Los Angeles Aircraft Certification Office 
(ACO), as an alternative method of compliance with the requirements 
of AD 2000-11-01.

    Note 4: Accomplishment of the action(s) required by paragraphs 
(d)(2) or (d)(3) of this AD does NOT terminate or otherwise amend 
the requirements of AD 2000-11-01. Operators are still required, 
within 5 years after June 30, 2000 (the effective date of AD 2000-
11-01), to replace insulation blankets made from metallized 
polyethyleneteraphthalate (MPET) with new insulation blankets per AD 
2000-11-01.

Compliance with Requirements of AD 2000-11-01

    (e) Accomplishment of the replacement required by paragraph 
(d)(1) or (d)(4) of this AD is acceptable for compliance with AD 
2000-11-01 for the replaced blanket only.

Alternative Methods of Compliance

    (f) An alternative method of compliance or adjustment of the 
compliance time that

[[Page 28654]]

provides an acceptable level of safety may be used if approved by 
the Manager, Los Angeles 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 5: 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

    (g) 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.

Incorporation by Reference

    (h) Except as provided by paragraphs (d)(3) and (d)(4) of this 
AD, the actions shall be done in accordance with Boeing Alert 
Service Bulletin MD90-30A023, including Appendix, dated March 14, 
2001. 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: Data and Service Management, Dept. C1-
L5A (D800-0024). 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

    (i) This amendment becomes effective on June 8, 2001.

    Issued in Renton, Washington, on May 16, 2001.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-12945 Filed 5-23-01; 8:45 am]
BILLING CODE 4910-13-U