[Federal Register Volume 66, Number 239 (Wednesday, December 12, 2001)]
[Rules and Regulations]
[Pages 64138-64139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30189]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-288-AD; Amendment 39-12530; AD 2001-24-13]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-10, -20, -
30, and -40 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain McDonnell Douglas Model DC-9-10, -20, -30, and -
40 series airplanes, that requires rework and reidentification of 
certain reflector assemblies of the passenger ceiling lights; and 
installation of a support channel above the reflector, as applicable. 
This amendment is prompted by reports of heat damaged lamp reflectors 
and scorched insulation blankets in the main cabin due to the lamps 
inside the reflectors creating high temperatures. The actions specified 
by this AD are intended to prevent overheating of the lamp reflectors, 
which could result in smoke and fire in the main cabin.

DATES: Effective January 16, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of January 16, 2002.

ADDRESSES: 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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain McDonnell Douglas Model 
DC-9-10, -20, -30, and -40 series airplanes was published in the 
Federal Register on July 23, 2001 (66 FR 38168). That action proposed 
to require rework and reidentification of certain reflector assemblies 
of the passenger ceiling lights; and installation of a support channel 
above the reflector, as applicable. The proposed actions were intended 
to prevent overheating of the lamp reflectors, which could result in 
smoke and fire in the main cabin.

Since the Issuance of the NPRM

    The FAA has been advised by the manufacturer that there may be a 
problem in supplying an adequate number of kits to rework reflector 
assemblies within the 1-year compliance time proposed in the NPRM. 
Consequently, we have extended the compliance time of paragraph (a) of 
this AD (which requires rework and reidentification of the reflector 
assemblies of the passenger ceiling lights and the installation of a 
support channel above the reflector) to within 18 months after the 
effective date of this AD. We have determined that such an extension of 
the compliance time will accommodate the time necessary for affected 
operators to order, obtain, and rework and identify the reflector 
assemblies, without adversely affecting safety.

Comments Received

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Requests To Revise the Applicability

    Two commenters request that the applicability of the proposed AD be 
revised to specify that the requirements would apply only to airplanes 
with certain parts installed. One commenter notes that it has replaced 
the interior of its Model DC-9 fleet with new overhead lighting, and 
that the interior no longer has the same parts or even the same 
technology as that specified in McDonnell Douglas Alert Service 
Bulletin DC9-33A037, Revision 02, dated July 27, 1999 (the appropriate 
service information specified in the proposed AD). That same commenter 
suggests that the applicability be revised to specify that the proposed 
AD would apply only to airplanes that are still using the original 
Douglas lamp, reflector, and resistor assemblies.
    The FAA does not concur with the requests to revise the 
applicability of the AD. The FAA generally makes every effort to limit 
the applicability of ADs as close as possible to the actual affected 
airplanes. The applicability of this final rule is based on information 
stated in the manufacturer's service bulletin at the time the service 
bulletin was published (July 27, 1999). Furthermore, it would be 
virtually impossible to address every conceivable alteration of 
airplane structure in the applicability of an AD, or to revise an AD's 
applicability every time an alteration of structure is approved. Since 
airplanes with altered structures are the exception, not the norm, it 
is more practical from a workload and cost-effectiveness standpoint to 
make ADs applicable generally to the affected fleet and to deal with 
special considerations individually. In the commenter's particular 
case, where airplanes have been modified so that it could be 
demonstrated that an unsafe condition does not exist, the operator may 
simply request approval of an alternative method of compliance to the 
AD in accordance with the provisions specified in paragraph (b) of this 
AD. No change to the final rule is necessary in this regard.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the change described 
previously. The FAA has determined that this change will neither 
increases the economic burden on any operator nor increases the scope 
of the AD.

Cost Impact

    There are approximately 273 Model DC-9-10, -20, -30, and -40 series 
airplanes of the affected design in the worldwide fleet. The FAA 
estimates that 177 airplanes of U.S. registry will be affected by this 
AD, that it will take between 8 and 12 work hours per airplane to 
accomplish the required actions, and that the average labor rate is $60 
per work hour. Required parts will cost between $1,607 and $6,463 per 
airplane. Based on these figures, the cost impact of the AD on U.S. 
operators is estimated to be between $369,399 and

[[Page 64139]]

$1,271,391, or between $2,087 and $7,183 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the requirements of this 
AD action, and that no operator would accomplish those actions in the 
future if this 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 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:

2001-24-13  McDonnell Douglas: Amendment 39-12530. Docket 98-NM-288-
AD.

    Applicability: Model DC-9-10, -20, -30, and -40 series 
airplanes, as listed in McDonnell Douglas Alert Service Bulletin 
DC9-33A037, Revision 02, dated July 27, 1999; 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 overheating of the lamp reflectors, which could 
result in smoke and fire in the main cabin, accomplish the 
following:

Modification

    (a) Within 18 months after the effective date of this AD, rework 
and reidentify the reflector assemblies of the passenger ceiling 
lights and install a support channel above the reflector, as 
applicable, in accordance with McDonnell Douglas Alert Service 
Bulletin DC9-33A037, Revision 02, dated July 27, 1999.

    Note 2: Rework and reidentification of reflector assemblies, and 
installation of support channels prior to the effective date of this 
AD in accordance with McDonnell Douglas Service Bulletin DC9-33-037, 
dated July 18, 1968, or Revision 1, dated May 6, 1971, is an 
acceptable method of compliance for the requirements of paragraph 
(a) 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 Permit

    (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 actions shall be done in accordance with McDonnell 
Douglas Alert Service Bulletin DC9-33A037, Revision 02, dated July 
27, 1999. 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 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 January 16, 2002.

    Issued in Renton, Washington, on November 28, 2001.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-30189 Filed 12-11-01; 8:45 am]
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