[Federal Register Volume 67, Number 20 (Wednesday, January 30, 2002)]
[Rules and Regulations]
[Pages 4340-4342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1961]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-362-AD; Amendment 39-12618; AD 2002-01-24]
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: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain McDonnell Douglas Model DC-9-81, -82, -83, and -
87 series airplanes, and Model MD-88 airplanes, that requires replacing 
the dust seals of the passenger service unit (PSU) panels of the 
overhead stowage compartment with new dust seals. The AD provides two 
options to accomplish this. Operators can either replace the seals all 
at once or remove the seals and repetitively clean and inspect the area 
to defer the installation for an interim period. The actions specified 
by this AD are intended 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 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: Effective March 6, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 6, 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: 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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD), applicable to certain McDonnell Douglas Model DC-9-81, 
-82, -83, and -87 series airplanes, and Model MD-88 airplanes, was 
published in the Federal Register on August 3, 2001 (66 FR 40645). That 
action proposed to require replacement of the dust seals of the 
passenger service unit (PSU) panels of the overhead stowage compartment 
with new dust seals.

Explanation of Relevant Service Information

    Since the proposed AD was published, the FAA has reviewed and 
approved Boeing Service Bulletin MD80-25-377, Revision 01, dated July 
17, 2001. (The proposed AD cited the original service bulletin as the 
appropriate source of service information for the procedures for the 
dust seal replacement.) Revision 01 was issued to clarify the 
procedures for trimming the dust seal to facilitate its installation; 
no other significant changes were made.
    Boeing had previously issued Alert Service Bulletin MD80-25A376, 
dated September 21, 2000, which describes

[[Page 4341]]

procedures for removal of the lower dust seals from the outboard PSU 
panels, repetitive cleaning of the oxygen canisters and PSU components 
(including the removal of all visible traces of dust and dirt particles 
from the oxygen canisters), and repetitive inspections to ensure that 
the oxygen masks, hoses, and lanyards do not bind in the PSU door. The 
repetitive cleaning and inspections would extend the time to install 
new PSU dust seals.

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.

Request To Provide Interim Actions

    Two commenters request that the proposed AD be revised to provide 
interim actions that would extend the compliance time to install new 
dust seals. The commenters state that, once a seal is removed from the 
airplane, and the PSU panel is periodically cleaned of accumulated dust 
and lint, the potential fire source from the affected seal no longer 
exists. The commenters suggest a compliance time of 6 months to 
initiate the interim actions, a repetitive interval of 14 months, and a 
compliance time of 5 years to replace the seal--based on the 
availability of materials, manpower, and maintenance facilities.
    The FAA partially concurs. The FAA agrees that, once the affected 
dust seals are removed from the airplane, the potential fire source 
from the seals no longer exists. However, the accumulation of dust and 
lint on the oxygen canister and within the PSU panel may create another 
fire source, which would be minimized or mitigated by the installation 
of new dust seals. The FAA finds that repetitive cleaning and 
inspections are acceptable for a period of time, but reliance on these 
interim repetitive actions to provide an adequate degree of safety for 
the fleet over a 5-year period is not appropriate.
    In determining the appropriate compliance time for the interim 
actions, the FAA considered the compliance time for the entire 
replacement action, as proposed, which indicated that no action is 
necessary for 24 months. Earlier inspections (e.g., at 6 months as the 
commenter suggests) are therefore unnecessary.
    In determining the appropriate compliance time for the seal 
replacement, the FAA considered additional relevant factors. Certain 
airplanes affected by this AD are also subject to the requirements of 
AD 2000-11-01, amendment 39-11749 (65 FR 34322, May 26, 2000), which 
requires replacement of certain insulation blankets within 5 years. The 
FAA considers that replacing the insulation blankets and the dust seals 
concurrently would greatly reduce the cost of accomplishing the actions 
separately. In addition, extending the compliance times for the seal 
replacement will provide additional time for operators to procure parts 
and schedule maintenance. In consideration of these factors, as well as 
the safety implications, parts availability, and maintenance schedules 
for timely accomplishment of the actions, the FAA finds it appropriate 
to require the seal installation within 42 months.
    Under the provisions of the Administrative Procedure Act, changing 
the proposed AD to shorten the proposed compliance time and add new 
actions would necessitate that the FAA reissue the notice, reopen the 
period for public comment, consider any additional comments received, 
and eventually issue a final rule. The FAA has determined that further 
delay of this action is not appropriate. Therefore, this final rule has 
been revised to provide operators two options to comply with this AD:
    1. Accomplish the entire replacement within 24 months, as proposed; 
or
    2. Accomplish the replacement action in three separate actions by 
removing the seals (within 24 months) and repetitively cleaning and 
inspecting the area thereafter (at 14-month intervals) until the new 
seals are installed (within 42 months).

Support for the Proposal

    One commenter, an operator, generally supports the proposal but 
offers an estimate of the cost impact on its fleet. The commenter 
states that replacing the dust seal would take approximately 32 work 
hours per airplane, rather than 24 work hours as estimated in the 
proposed AD, and the required materials would cost approximately $1,500 
per airplane, rather than $3,000 as previously estimated.
    In light of this information, the FAA considers it appropriate to 
revise the cost estimates in the final rule.

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 529 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 261 airplanes of U.S. registry 
will be affected by this AD.
    It will take approximately 4 work hours per airplane to remove the 
dust seals, at an average labor rate of $60 per work hour. Based on 
these figures, the estimated cost impact to remove the seals is $240 
per airplane.
    It will take approximately 4 work hours per airplane to clean and 
inspect the PSU, at an average labor rate of $60 per work hour. Based 
on these figures, the estimated cost impact of the cleaning and 
inspection is $240 per airplane, per inspection cycle.
    It will take approximately 30 hours to install new dust seals, at 
an average labor rate of $60 per work hour. Required parts for the seal 
installation will cost approximately $1,500 per airplane. Based on 
these figures, the estimated cost impact of the seal installation is 
$3,300 per airplane.
    The concurrent accomplishment of all seal replacement actions would 
result in a reduction in cost of approximately $240 per inspection 
cycle that would no longer be required.
    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

[[Page 4342]]

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:

2002-01-24  McDonnell Douglas: Amendment 39-12618. 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 passenger 
service unit (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 damage to adjacent structure and smoke 
emitting from the PSU panel into the passenger cabin, accomplish the 
following:

Replacement of Dust Seals

    (a) Do the actions specified by either paragraph (a)(1) or 
(a)(2) of this AD.
    (1) 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, or Revision 01, 
dated July 17, 2001. After the effective date of this AD, only 
Revision 01 of the service bulletin may be used.
    (2) At the applicable times, do the actions specified by 
paragraphs (a)(2)(i), (a)(2)(ii), and (a)(2)(iii) of this AD.
    (i) Within 24 months after the effective date of this AD, remove 
all the lower dust seals having part number (P/N) CD1149 (any 
configuration) from the left and right outboard PSU panels from 
station Y = 218.000 to Y = 1307.000, per Boeing Alert Service 
Bulletin MD80-25A376, dated September 21, 2000.
    (ii) Within 24 months after the effective date of this AD, 
remove all visible traces of dust and dirt particles from the oxygen 
canisters installed in the PSU panels, and perform a general visual 
inspection to ensure that oxygen masks, hoses, and lanyards do not 
bind in the PSU door; per Boeing Alert Service Bulletin MD80-25A376, 
dated September 21, 2000. Thereafter, repeat the actions specified 
by paragraph (a)(2)(ii) of this AD at least every 14 months until 
the requirements of paragraph (a)(2)(iii) of this AD have been 
accomplished.

    Note 2: For the purposes of this AD, a general visual inspection 
is defined as: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or drop-light, and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

    (iii) Within 42 months after the effective date of this AD, 
install new dust seals, part number (P/N) CD1437, of the PSU panels 
of the overhead stowage compartment, per Boeing Service Bulletin 
MD80-25-377, Revision 01, dated July 17, 2001. Installation of the 
new dust seals terminates the requirements of paragraph (a)(2)(ii) 
of this AD.

    Note 3: Installation of the dust seal prior to the effective 
date of this AD in accordance with Boeing Service Bulletin MD80-25-
377, dated March 14, 2001, is acceptable for compliance with the 
requirements of paragraph (a)(2)(iii) of this AD.

Spares

    (b) As of the effective date of this AD, no person shall install 
a dust seal, P/N 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 4: 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 Boeing Alert 
Service Bulletin MD80-25A376, dated September 21, 2000; Boeing 
Service Bulletin MD80-25-377, dated March 14, 2001; and Boeing 
Service Bulletin MD80-25-377, Revision 01, dated July 17, 2001. 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

    (f) This amendment becomes effective on March 6, 2002.

    Issued in Renton, Washington, on January 18, 2002.
Michael Kaszycki,
Acting Manager,Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-1961 Filed 1-29-02; 8:45 am]
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