[Federal Register Volume 66, Number 141 (Monday, July 23, 2001)]
[Rules and Regulations]
[Pages 38141-38144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17596]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-102-AD; Amendment 39-12309; AD 2001-13-27]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-10 and -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), 
applicable to certain McDonnell Douglas Model DC-9-10 and -30 series 
airplanes. This action requires replacement of a certain circuit 
breaker in the navigation transfer circuit located on the overhead 
circuit breaker panel with a certain new circuit breaker; and 
installation of a new nameplate. This action is necessary to prevent 
damage to wires or equipment and consequent smoke/fire in the cockpit 
from heat generated in the wires during an overload condition. This 
action is intended to address the identified unsafe condition.

DATES: Effective August 7, 2001.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 7, 2001.
    Comments for inclusion in the Rules Docket must be received on or 
before September 21, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-102-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: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2001-NM-102-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:

Background

    In July 1996, a Boeing Model 747 series airplane was involved in an 
accident. As part of re-examining all

[[Page 38142]]

aspects of the service experience of the airplane involved in the 
accident, the FAA participated in design review and testing to 
determine possible sources of ignition in center fuel tanks. As part of 
the review, we examined fuel system wiring with regard to the possible 
effects that wire degradation may have on arc propagation.
    In 1997 in a parallel preceding, at the recommendation of the White 
House Commission on Aviation Safety and Security, the FAA expanded its 
Aging Transport Program to include non-structural systems and assembled 
a team for evaluating these systems. This team performed visual 
inspections of certain transport category airplanes for which 20 years 
or more had passed since date of manufacture. In addition, the team 
gathered information from interviews with FAA Principal Maintenance 
Inspectors and meetings with representatives of airplane manufacturers. 
This evaluation revealed that the length of time in service is not the 
only cause of wire degradation; inadequate maintenance, contamination, 
improper repair, and mechanical damage are all contributing factors. 
From the compilation of this comprehensive information, we developed 
the Aging Transport Non-Structural Systems Plan to increase airplane 
safety by increasing knowledge of how non-structural systems degrade 
and how causes of degradation can be reduced.
    In 1998, an accident occurred off the coast of Nova Scotia 
involving a McDonnell Douglas Model MD-11 series airplane. 
Investigation indicates that a fire broke out in the cockpit and first 
class overhead area. Although the ignition source of the fire has not 
been determined, the FAA, in conjunction with Boeing and operators of 
Model MD-11, DC-8, DC-9, DC-10, and DC-9-80 series airplanes, is 
reviewing all aspects of the service history of those airplanes to 
identify potential unsafe conditions associated with wire degradation 
due to various contributing factors (e.g., inadequate maintenance, 
contamination, improper repair, and mechanical damage) and to take 
appropriate corrective actions. We have issued a series of 
airworthiness directives (AD) that address unsafe conditions identified 
during that process. This process is continuing and we may consider 
additional rulemaking actions as further results of the review become 
available. The cause of the Nova Scotia MD-11 accident has not yet been 
determined.
    In 1999, the FAA Administrator established a formal advisory 
committee to facilitate the implementation of the Aging Transport Non-
Structural Systems Plan. This committee, the Aging Transport Systems 
Rulemaking Advisory Committee (ATSRAC), is made up of representatives 
of airplane manufacturers, operators, user groups, aerospace and 
industry associations, and government agencies. As part of its mandate, 
ATSRAC will recommend rulemaking to increase transport category 
airplane safety in cases where solutions to safety problems connected 
to aging systems have been found and must be applied. Detailed analyses 
of certain transport category airplanes that have been removed from 
service, studies of service bulletins pertaining to certain wiring 
systems, and reviews of previously issued ADs requiring repetitive 
inspections of certain wiring systems, have resulted in valuable 
information on the cause and prevention of wire degradation due to 
various contributing factors (e.g., inadequate maintenance, 
contamination, improper repair, and mechanical damage).
    In summary, as a result of the investigations described above, the 
FAA has determined that corrective action may be necessary to minimize 
the potential hazards associated with wire degradation and related 
causal factors (e.g., inadequate maintenance, contamination, improper 
repair, and mechanical damage).

Identification of Unsafe Condition

    The FAA has received the results of an investigation that indicate 
the existing 10-amp circuit breaker in the navigation transfer circuit 
on certain McDonnell Douglas Model DC-9-10 and -30 series airplanes 
will not adequately protect the 24-gage wire during an overload 
condition. This condition, if not corrected, could result in damage to 
wires or equipment and consequent smoke/fire in the cockpit from the 
heat generated in the wires during an overload condition.

Other Related Rulemaking

    This proposed AD is one of a series of actions identified as part 
of the ATSRAC program initiative to maintain continued operational 
safety of aging non-structural systems in transport category airplanes. 
The program is continuing and the FAA may consider additional 
rulemaking actions as further results of the review become available.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Alert Service Bulletin 
DC9-34A075, Revision 01, dated April 30, 2001. The service bulletin 
describes procedures for replacement of a certain circuit breaker in 
the navigation transfer circuit located on the overhead circuit breaker 
panel with a certain new circuit breaker; and installation of a new 
nameplate. Accomplishment of the actions specified in the service 
bulletin is intended to adequately address the identified unsafe 
condition.

Explanation of 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 that may be 
registered in the United States at some time in the future, this AD is 
being issued to prevent damage to wires or equipment and consequent 
smoke/fire in the cockpit from the heat generated in the wires during 
an overload condition. This AD requires procedures for replacement of a 
certain circuit breaker in the navigation transfer circuit located on 
the overhead circuit breaker panel with a certain new circuit breaker; 
and installation of a new nameplate. The actions are required to be 
accomplished in accordance with the service bulletin described 
previously.

Cost Impact

    None of the Model DC-9-10 and -30 series airplanes affected by this 
action are on the U.S. Register. All airplanes included in the 
applicability of this rule currently are operated by non-U.S. operators 
under foreign registry; therefore, they are not directly affected by 
this AD action. However, the FAA considers that this rule is necessary 
to ensure that the unsafe condition is addressed in the event that any 
of these subject airplanes are imported and placed on the U.S. Register 
in the future.
    Should an affected airplane be imported and placed on the U.S. 
Register in the future, it would require approximately 1 work hour to 
accomplish the required actions, at an average labor rate of $60 per 
work hour. Required parts would cost $114 per airplane. Based on these 
figures, the cost impact of this AD would be $174 per airplane.

Determination of Rule's Effective Date

    Since this AD action does not affect any airplane that is currently 
on the U.S. register, it has no adverse economic impact and imposes no 
additional burden on any person. Therefore, prior notice and public 
procedures hereon are unnecessary and the amendment may be made 
effective in less than 30 days after publication in the Federal 
Register.

[[Page 38143]]

Comments Invited

    Although this action is in the form of a final rule and was not 
preceded by notice and 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 2001-NM-102-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.
    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:

2001-13-27  McDonnell Douglas: Amendment 39-12309. Docket 2001-NM-
102-AD.

    Applicability: Model DC-9-10 and -30 series airplanes, as listed 
in Boeing Alert Service Bulletin DC9-34A075, Revision 01, dated 
April 30, 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 (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 damage to wires or equipment and consequent smoke/
fire in the cockpit from the heat generated in the wires during an 
overload condition, accomplish the following:

Replacement of Circuit Breaker and Installation of Nameplate

    (a) Within 18 months after the effective date of this AD, do the 
actions specified in paragraphs (a)(1) and (a)(2) of this AD per 
Boeing Alert Service Bulletin DC9-34A075, Revision 01, dated April 
30, 2001.
    (1) Replace the 10-amp MP703-DC8 circuit breaker (Item No. B10-
162) in the navigation transfer circuit located on the overhead 
circuit breaker panel with a new 5-amp MP701-DC8 circuit breaker; 
and
    (2) Install a new 7918246-502 nameplate (indicated ``5A'') over 
the existing 10-amp designation below the new circuit breaker.

    Note 2: Accomplishment of the actions identified in paragraphs 
(a)(1) and (a)(2) of this AD per McDonnell Douglas DC9-34-75, dated 
January 21, 1969, before the effective date of this AD, is 
considered acceptable for the requirements of this AD.

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 3: 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

    (c) 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

    (d) The actions shall be done in accordance with Boeing Alert 
Service Bulletin DC9-34A075, Revision 01, dated April 30, 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

    (e) This amendment becomes effective on August 7, 2001.


[[Page 38144]]


    Issued in Renton, Washington, on July 9, 2001.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-17596 Filed 7-20-01; 8:45 am]
BILLING CODE 4910-13-U