[Federal Register Volume 66, Number 239 (Wednesday, December 12, 2001)]
[Rules and Regulations]
[Pages 64128-64129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30194]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-296-AD; Amendment 39-12535; AD 2001-24-18]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-10, -30, 
and -40 Series Airplanes and C-9 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, -30, and -40 
series airplanes and C-9 airplanes, that requires revising the wiring 
of the sidewall lights in the forward and aft passenger compartment. 
The actions specified by this AD are intended to prevent the control 
switch of the cabin sidewall lights on the forward attendant's panel 
from overheating, which could result in shorting of the dim, bright, 
and power terminals, and consequent smoke/fire in the passenger 
compartment. This action is intended to address the identified unsafe 
condition.

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 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.; 
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, -30, and -40 series airplanes and C-9 airplanes was published 
in the Federal Register on July 23, 2001 (66 FR 38180). That action 
proposed to require revising the wiring of the sidewall lights in the 
forward and aft passenger compartment.

Comments

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

Change Applicability

    One commenter recommends that, because the proposed rule cites a 
specific Douglas service bulletin, which, in turn, cites a specific set 
of part numbers, the proposed rule apply only to those airplanes that 
have not been modified and still use the original Douglas switch and 
transformer assemblies. Another commenter also recommends that the 
proposed rule be changed to apply only to airplanes that have not been 
modified. The first commenter states that Note 1 of the proposed rule 
specifies that the rule applies to airplanes identified in the 
applicability provision, regardless of whether the airplanes have been 
modified, altered, or repaired in the area affected by the AD. The 
commenter also notes that paragraph (a) of the proposed rule references 
McDonnell Douglas Alert Service Bulletin DC9-33A062, Revision 01, dated 
April 24, 2000, which identifies specific switch and transformer part 
numbers that need to be reworked to prevent the possibility of a 
shorted switch causing the flight attendant switch panel to overheat. 
The commenter adds that as part of its ``Interior 2000'' modification 
it removed the switches and transformers cited in the referenced 
service bulletin, and now uses a different switch with a different part 
number, and does not use the transformers at all.
    The FAA does not concur with the requests to revise the 
applicability in the final rule to specify unmodified airplanes only. 
If an airplane has been modified in such a manner that the service 
information referenced in the final rule does not apply, Note 1 of the 
final rule states that the owner/operator must request an alternative 
method of compliance (AMOC). If the commenter can provide data that 
show that an acceptable level of safety can be achieved through the 
modification it described, the commenter may request approval of an 
AMOC in accordance with paragraph (b) of this AD. No change to the 
final rule is necessary in this regard.

Explanation of Change Made to the Final Rule

    The FAA has changed paragraph (a) of the final rule that requires 
revising the wiring of the sidewall lights in the forward and aft 
passenger compartments, per McDonnell Douglas Alert Service Bulletin 
DC9-33A062, Revision 01, dated April 24, 2000, and McDonnell Douglas 
DC-9 Service Bulletin 33-63, dated May 6, 1976. The FAA inadvertently 
used ``and'' instead of ``or'' for revising the wiring per both service 
bulletins; however, either service bulletin may be used for 
accomplishment of the action.

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 previously 
described. The FAA has determined that this change will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    There are approximately 588 Model DC-9-10, -30, and -40 series 
airplanes and C-9 airplanes of the affected design in the worldwide 
fleet. The FAA

[[Page 64129]]

estimates that 288 airplanes of U.S. registry will be affected by this 
AD, that it will take approximately 21 work hours per airplane to 
accomplish the required actions, and that the average labor rate is $60 
per work hour. Required parts will cost approximately $500 per 
airplane. Based on these figures, the cost impact of the AD on U.S. 
operators is estimated to be $506,880, or $1,760 per airplane.
    The cost impact figure discussed above is 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:

2001-24-18  McDonnell Douglas: Amendment 39-12535. Docket 99-NM-296-
AD.

    Applicability: Model DC-9-10, -20, -30, and -40 series airplanes 
and C-9 airplanes, as listed in McDonnell Douglas Alert DC9-33A062, 
Revision 01, dated April 24, 2000; 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 the control switch of the cabin sidewall lights on 
the forward attendant's panel from overheating, which could result 
in shorting of the dim, bright, and power terminals, and consequent 
smoke/fire in the passenger compartment, accomplish the following:

Revision of Wiring

    (a) Within 1 year after the effective date of this AD, revise 
the wiring of the sidewall lights in the forward and aft passenger 
compartments, per McDonnell Douglas Alert Service Bulletin DC9-
33A062, Revision 01, dated April 24, 2000, or McDonnell Douglas DC-9 
Service Bulletin 33-63, dated May 6, 1976.

    Note 2: Revising the wiring before the effective date of this AD 
per McDonnell Douglas DC-9 Service Bulletin 33-62, dated February 
11, 1976, is considered acceptable for compliance with 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 
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 action shall be done in accordance with McDonnell 
Douglas Alert Service Bulletin DC9-33A062, Revision 01, dated April 
24, 2000; and McDonnell Douglas DC-9 Service Bulletin 33-63, dated 
May 6, 1976. 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 January 16, 2002.

    Issued in Renton, Washington, on November 28, 2001.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-30194 Filed 12-11-01; 8:45 am]
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