[Federal Register Volume 67, Number 3 (Friday, January 4, 2002)]
[Rules and Regulations]
[Pages 497-499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-290-AD; Amendment 39-12590; AD 2001-26-24]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-10, -20, -
30, -40, and -50 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 McDonnell Douglas Model DC-9-10, -20, -30, -40, and -50 
series airplanes; and C-9 airplanes that requires replacing the 
transformer ballast assembly in the pilot's console with a new, 
improved ballast assembly. The actions specified by this AD are 
intended to prevent overheating of the ballast transformers due to 
aging fluorescent tubes that cause a higher power demand on the ballast 
transformers, which could result in smoke in the cockpit. This action 
is intended to address the identified unsafe condition.

DATES: Effective February 8, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of February 8, 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 Federal Aviation Administration (FAA), Transport 
Airplane Directorate, Rules Docket, 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, -40, and -50 series airplanes and C-9 airplanes was 
published in the Federal Register on June 6, 2001 (66 FR 30345). That 
action proposed to require replacing the transformer ballast assembly 
in the first officer's console with a new, improved ballast assembly.

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.
    One commenter indicates that its DC-9 airplanes will be retired 
from service within the proposed compliance time of the AD and that, 
therefore, it has no comment.

Request To Reference Latest Service Bulletin

    Several commenters request that the proposed AD refer to the latest 
service bulletin. They state that McDonnell Douglas Alert Service 
Bulletin DC9-33A114, dated November 1, 1999 (which is referenced in the 
notice of proposed rulemaking (NPRM) as the appropriate source of 
service information), erroneously indicates that the ballast assembly 
to be replaced is located in the first officer's console rather than in 
the pilot's console. A revision to the service bulletin (Revision 01, 
dated February 15, 2000) corrects the error and, therefore, should be 
cited in the AD as the service bulletin to use.
    The FAA concurs. Since issuance of the NPRM, the FAA has reviewed 
and approved McDonnell Douglas Alert Service Bulletin DC9-33A114, 
Revision 01, dated February 15, 2000. The service bulletin describes 
procedures for replacing the transformer ballast assembly with a new, 
improved ballast assembly and identifies the pilot's console as the 
location of the ballast assembly. For clarification purposes, we have 
revised this AD to refer to the ``pilot's console'' rather than the 
``first officer's console'' as the location of the transformer ballast 
assembly to be replaced.

Request To Allow Replacement With a ``New or Serviceable'' Ballast 
Assembly

    Another commenter asks that operators be allowed to replace the 
existing ballast assembly with either a serviceable ballast assembly or 
a new, improved ballast assembly. The commenter suggests that 
replacement of

[[Page 498]]

a ballast assembly with a serviceable improved ballast assembly would 
provide an acceptable level of safety.
    The FAA does not concur, because the part numbers of the old 
(serviceable) transformer ballast assembly are different from those of 
the new, improved assembly. Thus, there would be no way to tell whether 
ballast assemblies with the old part numbers were ``old, unimproved'' 
or ``old, improved'' assemblies.

Additional Change to Final Rule

    The number of airplanes of U.S. registry affected by this AD has 
decreased since publication of the NPRM from approximately 543 to 
approximately 475. The estimated cost impact of the rule on U.S. 
operators has decreased correspondingly from between $781,377 and 
$1,042,560 (depending on the cost of parts) to between $683,525 and 
$912,000.

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

Cost Impact

    There are approximately 575 Model DC-9-10, -20, -30, -40, and -50 
series airplanes and C-9 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 475 airplanes of U.S. registry 
will be affected by this AD, that it will take approximately 1 work 
hour per airplane to accomplish the required actions, and that the 
average labor rate is $60 per work hour. Required parts will cost 
between $1,379 and $1,860 per airplane. Based on these figures, the 
cost impact of the AD on U.S. operators is estimated to be between 
$683,525 and $912,000, or between $1,439 or $1,920 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, 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:

2001-26-24  McDonnell Douglas: Docket 99-NM-290-AD. Amendment 39-
12590

    Applicability: Model DC-9-10, -20, -30, -40, and -50 series 
airplanes; and C-9 airplanes; as listed in McDonnell Douglas Alert 
Service Bulletin DC9-33A114, Revision 01, dated February 15, 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 overheating of the ballast transformers due to aging 
fluorescent tubes that cause a higher power demand on the ballast 
transformers, which could result in smoke in the cockpit, accomplish 
the following:

Replacement

    (a) Within 12 months after the effective date of this AD, 
replace the transformer ballast assembly from the pilot's console 
with a new, improved transformer ballast assembly, in accordance 
with McDonnell Douglas Alert Service Bulletin DC9-33A114, Revision 
01, dated February 15, 2000.

Spares

    (b) As of the effective date of this AD, no person shall install 
a transformer assembly, part number BA170-1, -11, -21, or -MOD.B, 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 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.

Incorporation by Reference

    (e) The actions shall be done in accordance with McDonnell 
Douglas Alert Service Bulletin DC9-33A114, Revision 01, dated 
February 15, 2000. 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

[[Page 499]]

Boulevard, Lakewood, California; or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

Effective Date

    (f) This amendment becomes effective on February 8, 2002.

    Issued in Renton, Washington, on December 26, 2001.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-5 Filed 1-3-02; 8:45 am]
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