[Federal Register Volume 67, Number 55 (Thursday, March 21, 2002)]
[Proposed Rules]
[Pages 13111-13113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6795]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-130-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model MD-90-30 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking; reopening of 
comment period.

-----------------------------------------------------------------------

SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD), applicable to certain McDonnell Douglas Model MD-90-30 
airplanes, that would have required installation of two arcing 
protection brackets below and behind the circuit breakers located in 
the generator control rack in the electrical/electronics compartment. 
This new action revises the proposed rule by adding certain airplanes 
and removing certain other airplanes from the applicability. The 
actions specified by this new proposed AD are intended to prevent 
arcing between circuit breaker terminals and adjacent equipment and 
structure located in the generator control rack in the electrical/
electronics compartment, which, if not corrected, could result in 
possible electrical shock to maintenance personnel during maintenance 
operations. This action is intended to address the identified unsafe 
condition.

DATES: Comments must be received by May 6, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-130-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 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

[[Page 13112]]

Internet using the following address: [email protected]. 
Comments sent via fax or the Internet must contain ``Docket No. 2001-
NM-130-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 the FAA, Los Angeles Aircraft 
Certification Office, 3960 Paramount Boulevard, Lakewood, California.

FOR FURTHER INFORMATION CONTACT: George Y. 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 2001-NM-130-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 No. 2001-NM-130-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an airworthiness directive (AD), applicable to 
certain McDonnell Douglas Model MD-90-30 airplanes, was published as a 
notice of proposed rulemaking (NPRM) in the Federal Register on August 
29, 2001 (66 FR 45655). That NPRM would have required installation of 
two arcing protection brackets below and behind the circuit breakers 
located in the generator control rack in the electrical/electronics 
compartment. That condition, if not corrected, could result in arcing 
between circuit breaker terminals and adjacent equipment and structure 
located in the generator control rack in the electrical/electronics 
compartment, which, if not corrected, could result in possible 
electrical shock to maintenance personnel during maintenance 
operations.

Comments

    Due consideration has been given to the comments received in 
response to the NPRM.

Support for the Proposed Rule

    One commenter mentions that it generally supports the proposed 
rule.

Request to Add Additional Service Information

    One commenter advises that Boeing has revised Service Bulletin 
MD90-24-007 by issuing Revision 01, dated August 31, 2000, and Revision 
02, dated July 16, 2001. The commenter notes that Revision 01 and 
Revision 02 add certain airplanes and delete certain other airplanes 
from the effectivity of the original service bulletin. Since the 
procedures described in the original service bulletin did not change in 
the revised service bulletins, the commenter requests that credit also 
be given for the accomplishment of Revision 01 or 02 of the service 
bulletin.
    The FAA agrees that the procedures described in the original 
service bulletin are the same as those described in Revision 01 and 
Revision 02 of the original service bulletin. Since Boeing Service 
Bulletin MD90-24-007, Revision 02, dated July 16, 2001, contains the 
correct airplane effectivity, we have revised the applicability of this 
proposed rule to specify Revision 02. We have also added a new ``Note 
2'' that provides credit for those procedures accomplished per the 
original service bulletin and Revision 01 of the service bulletin.

Conclusion

    Since these changes expand the scope of the originally proposed 
rule, the FAA has determined that it is necessary to reopen the comment 
period to provide additional opportunity for public comment.

Cost Impact

    There are approximately 26 Model MD-90-30 airplanes of the affected 
design in the worldwide fleet. The FAA estimates that 13 airplanes of 
U.S. registry would be affected by this proposed AD, that it would take 
approximately 2 work hours per airplane to accomplish the proposed 
actions, and that the average labor rate is $60 per work hour. Required 
parts would cost approximately $200 per airplane. Based on these 
figures, the cost impact of the proposed AD on U.S. operators is 
estimated to be $4,160, or $320 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. 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 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,

[[Page 13113]]

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 2001-NM-130-AD.
    Applicability: Model MD-90-30 airplanes, certificated in any 
category; as identified in Boeing Service Bulletin MD90-24-007, 
Revision 02, dated July 16, 2001.

    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 arcing between circuit breaker terminals and adjacent 
equipment and structure located on the generator control rack in the 
electrical/electronics compartment, and consequent electrical shock 
to maintenance personnel during maintenance operations, accomplish 
the following:

Installation

    (a) Within one year after the effective date of this AD, install 
two arcing protection brackets below and behind the circuit breakers 
located in the generator control rack in the electrical/electronics 
compartment per the Accomplishment Instructions of McDonnell Douglas 
Service Bulletin MD90-24-007, Revision 02, dated July 16, 2001.

    Note 2: Installation of two arcing protection brackets below and 
behind the circuit breakers located in the generator control rack in 
the electrical/electronics compartment per the Accomplishment 
Instructions of Boeing Service Bulletin MD90-24-007, dated February 
7, 1996, or Revision 01, dated August 31, 2000, 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 Permit

    (c) Special flight permits may be issued in accordance with 
Secs. 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 March 14, 2002.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-6795 Filed 3-20-02; 8:45 am]
BILLING CODE 4910-13-U