[Federal Register Volume 66, Number 150 (Friday, August 3, 2001)]
[Proposed Rules]
[Pages 40645-40646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19386]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-362-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-81, -82, -
83, and -87 Series Airplanes, and Model MD-88 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-9-81, -82, -83, and -87 series airplanes, and Model MD-88 airplanes. 
This proposal would require replacement of the dust seals of the 
passenger service unit (PSU) panels of the overhead stowage compartment 
with new dust seals. This action is necessary to ensure replacement of 
dust seals of the lower PSU panel that may contribute to the spread of 
a fire when ignition occurs from electrical arcing of a failed light 
holder assembly, which could cause consequent damage to adjacent 
structure and smoke emitting from the PSU panel into the passenger 
cabin. This action is intended to address the identified unsafe 
condition.

DATES: Comments must be received by September 17, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-362-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-362-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 the proposed rule 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.

FOR FURTHER INFORMATION CONTACT: Albert Lam, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130L, FAA, Los Angeles Aircraft 
Certification Office, 3960 Paramount Boulevard, Lakewood, California 
90712-4137; telephone (562) 627-5346; 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 action may be changed in 
light of the comments received.
    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 proposed 
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 proposed 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 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 action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2000-NM-362-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. 2000-NM-362-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received a report of an incident of fire, smoke, and 
strong odors emitting from the passenger service unit (PSU) panel on a 
McDonnell Douglas Model DC-9-82 series airplane. Investigation revealed 
damage on the PSU panel, insulation blanket, lower dust seal, 
fluorescent lamp, and lamp holder of the cabin lower sidewall, and 
associated wiring. The cause of the fire has been attributed to a 
failed light holder assembly that generated enough heat to ignite the 
lower dust seals. Further investigation revealed that the dust seals, 
which did not meet the current flammability requirements, provided an 
additional source of fuel for the fire. Dust seals of the lower PSU 
panel, if not replaced, may contribute to the spread of a fire when 
ignition occurs from electrical arcing of a failed light holder 
assembly, which could cause consequent damage to adjacent structure and 
smoke emitting from the PSU panel into the passenger cabin.

Other Relevant Rulemaking

    The FAA has previously issued AD 2000-23-31, amendment 39-12004 (65 
FR 70783, November 28, 2000), which requires deactivating the left and 
right lower sidewall lights located in the passenger compartment. That 
AD prevents arcing and heat damage of the Luminator fluorescent lamp 
holders located outboard of the PSU panel, which could result in smoke 
and fire in the passenger compartment.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Service Bulletin MD80-25-
377, dated March 14, 2001, which describes procedures for replacement 
of the dust seals of the PSU panels of the overhead stowage compartment 
with new dust seals. The replacement includes removing adhesive, 
cleaning the PSU rail, and removing/installing tape. Accomplishment of 
the actions specified in the service bulletin is

[[Page 40646]]

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.

Cost Impact

    There are approximately 529 Model DC-9-81, -82, -83, and -87 series 
airplanes, and Model MD-88 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 261 airplanes of U.S. registry 
would be affected by this proposed AD.
    It would take approximately 24 work hours per airplane to 
accomplish the proposed removal, at an average labor rate of $60 per 
work hour. Required parts would cost approximately $3,000 per airplane. 
Based on these figures, the cost impact of the proposed AD on U.S. 
operators is estimated to be $1,158,840, or $4,400 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 proposed AD were not adopted. The cost impact 
figures discussed in AD rulemaking actions represent only the time 
necessary to perform the specific actions actually required by the AD. 
These figures typically do not include incidental costs, such as the 
time required to gain access and close up, planning time, or time 
necessitated by other administrative actions.

Regulatory Impact

    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 the following new 
airworthiness directive:

McDonnell Douglas: Docket 2000-NM-362-AD.
    Applicability: Model DC-9-81, -82, -83, and -87 series 
airplanes, and Model MD-88 airplanes, as listed in Boeing Service 
Bulletin MD80-25-377, 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 (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 ensure replacement of dust seals of the lower PSU panel that 
may contribute to the spread of a fire when ignition occurs from 
electrical arcing of a failed light holder assembly, which could 
cause consequent damage to adjacent structure and smoke emitting 
from the PSU panel into the passenger cabin, accomplish the 
following:

Replacement of Dust Seals

    (a) Within 24 months after the effective date of this AD, 
replace dust seals of the PSU panels of the overhead stowage 
compartment with new dust seals (including removing adhesive, 
cleaning the PSU rail, and removing/installing tape), per Boeing 
Service Bulletin MD80-25-377, dated March 14, 2001.

Spares

    (b) As of the effective date of this AD, no person shall install 
a dust seal, part number CD1149 (any configuration), on any 
airplane.

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. 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 Los Angeles ACO.

Special Flight Permit

    (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 July 27, 2001.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-19386 Filed 8-2-01; 8:45 am]
BILLING CODE 4910-13-P