[Federal Register Volume 67, Number 3 (Friday, January 4, 2002)]
[Proposed Rules]
[Pages 542-544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-206]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-198-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model MD-90-30 Series 
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 
MD-90-30 series airplanes. This proposal would require modification of 
the main battery ground stud and installation of a nameplate which 
indicates torque requirements for the ground stud nut. This action is 
necessary to prevent the ground stud nut from being

[[Page 543]]

inadequately tightened or becoming loose, which could result in 
electrical arcing between the ground stud and the adjacent structure, 
leading to damage to electrical or electronic equipment or possibly to 
fire in the airplane. This action is intended to address the identified 
unsafe condition.

DATES: Comments must be received by February 19, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-198-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-198-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: George Mabuni, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130L, FAA, Los Angeles Aircraft 
Certification Office, 3960 Paramount Boulevard, Lakewood, California 
90712-4137; telephone (562) 627-5341; 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-198-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 Number 2000-NM-198-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The manufacturer has received a report from an operator of a 
McDonnell Douglas Model DC-9-82 airplane that a main battery ground 
stud and the adjacent structure had been burnt. The damage was 
attributed to a loose or inadequately tightened ground stud, which 
caused electrical arcing. The main battery stud on the affected model 
is similar to that on MD-90-30 series airplanes. Therefore, the MD-90-
30 series airplanes may be subject to the same unsafe condition 
reported on the DC-9-82 airplane. The proposed rule is necessary to 
prevent the ground stud nut from being inadequately tightened or 
becoming loose, which could result in electrical arcing between the 
ground stud and the adjacent structure, leading to damage to electrical 
or electronic equipment or possibly to fire in the airplane.

Explanation of Relevant Service Information

    The FAA has reviewed and approved McDonnell Douglas Alert Service 
Bulletin MD90-24A004, Revision 01, dated January 11, 2000, which 
describes procedures for modification of the main battery ground stud 
and installation of a nameplate which specifies torque requirements for 
the ground stud nut. Accomplishment of the actions specified in the 
service bulletin is 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 18 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 14 airplanes of U.S. registry 
would be affected by this proposed AD, that it would take approximately 
1 work hour per airplane to accomplish the proposed actions, and that 
the average labor rate is $60 per work hour. Required parts would be 
provided by the manufacturer at no cost. Based on these figures, the 
cost impact of the proposed AD on U.S. operators is estimated to be 
$840, or $60 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. However, for affected 
airplanes within the period under the warranty agreement, the FAA has 
been advised that the manufacturer has committed previously to its 
customers that it will bear the cost of replacement parts. The FAA has 
also been advised that manufacturer warranty remedies are available for 
labor costs associated with accomplishing the actions required by this 
proposed AD. Therefore, the future economic cost impact of this AD may 
be less than the cost impact figure indicated above. 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

[[Page 544]]

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-198-AD.

    Applicability: Model MD-90-30 series airplanes, as listed in 
McDonnell Douglas Alert Service Bulletin MD90-24A004, Revision 01, 
dated January 11, 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 (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 prevent the ground stud nut from being inadequately tightened 
or becoming loose, which could result in electrical arcing between 
the ground stud and the adjacent structure, leading to damage to 
electrical or electronic equipment or possibly to fire in the 
airplane, accomplish the following:

Modification

    (a) Within 6 months after the effective date of this AD: Reverse 
the main battery ground stud and install a nameplate which indicates 
torque requirements for the ground stud nut, in accordance with 
McDonnell Douglas alert Service Bulletin MD90-24A004, Revision 01, 
dated January 11, 2000.
    (b) After accomplishing paragraph (a) of this AD and prior to 
further flight: Inspect the electrical bonding of the ground stud, 
in accordance with McDonnell Douglas Alert Service Bulletin MD90-
24A004, Revision 01, dated January 11, 2000.


    Note 2: Accomplishment of the reversal of the ground stud 
installation and installation of the nameplate in accordance with 
McDonnell Douglas Service Bulletin MD90-24-004, dated February 26, 
1996, is acceptable for compliance with the requirements of 
paragraph (a) of this AD.

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 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

    (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 December 28, 2001.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-206 Filed 1-3-02; 8:45 am]
BILLING CODE 4910-13-U