[Federal Register Volume 67, Number 78 (Tuesday, April 23, 2002)]
[Rules and Regulations]
[Pages 19637-19640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9571]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-37-AD; Amendment 39-12717; AD 2002-08-09]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-31 
Airplane

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to one McDonnell Douglas Model DC-9-31 airplane. This 
action requires an inspection to determine if a certain alternating 
current (AC) cross-tie relay is installed; replacement of a certain AC 
cross-tie relay with a new AC cross-tie relay; and repetitive cleaning, 
inspection, repair, and testing of a certain AC cross-tie relay. This 
action is necessary to prevent AC cross-tie relay failures, which could 
result in internal arcing of the relay and smoke and/or fire in the 
cockpit and cabin. This action is

[[Page 19638]]

intended to address the identified unsafe condition.

DATES: Effective May 8, 2002.
    The incorporation by reference of Boeing Alert Service Bulletin 
DC9-24A193, Revision 01, dated January 15, 2002, is approved by the 
Director of the Federal Register as of May 8, 2002.
    The incorporation by reference of Sundstrand (Westinghouse) 
Overhaul Manual 24-20-46, Revision 8, dated August 15, 1983, was 
approved previously by the Director of the Federal Register as of 
October 26, 2001 (66 FR 51857, October 11, 2001).
    Comments for inclusion in the Rules Docket must be received on or 
before June 24, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-37-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 Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2002-NM-37-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 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 FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., 
Renton, Washington; 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: The FAA has previously received reports of 
an incident on a McDonnell Douglas Model DC-9 series airplane involving 
smoke in the cockpit and cabin. Investigation of the incident revealed 
that the smoke was caused by an internal phase-to-phase short circuit 
of the alternating current (AC) cross-tie relay resulting from 
migration of metallic dust from electrical contact wear and 
accumulation of this dust. Operators have reported other instances of 
AC cross-tie relay failure causing arcing in the electrical panel area. 
An internal phase-to-phase short circuit of the AC cross-tie relay 
caused by migration and accumulation of metallic dust, if not 
corrected, could result in internal arcing of the relay and smoke and/
or fire in the cockpit and cabin.

Other Relevant Rulemaking

    The FAA previously has issued AD 2001-20-15, amendment 39-12463 (66 
FR 51857, October 11, 2001). That AD applies to certain Model DC-9 
series airplanes and MD-88 airplanes, and requires an inspection to 
determine if a certain AC cross-tie relay is installed; replacement of 
a certain AC cross-tie relay with a new AC cross-tie relay; and 
repetitive cleaning, inspection, repair, and testing of a certain AC 
cross-tie relay. That AD refers to Boeing Alert Service Bulletin DC9-
24A193, dated July 31, 2001, as an appropriate source of service 
information for accomplishment of certain required actions.

Explanation of Relevant Service Information

    Since the issuance of AD 2001-20-15, the FAA has reviewed and 
approved Boeing Alert Service Bulletin DC9-24A193, Revision 01, dated 
January 15, 2002. The procedures described in Revision 01 of the 
service bulletin are identical to those in the original issue of the 
service bulletin. However, the effectivity listing of Revision 01 of 
the service bulletin includes one additional Model DC-9-31 airplane, 
fuselage number (F/N) 0705, which is not listed in the original issue 
of the service bulletin. Because the airplane with F/N 0705 may be 
subject to the same unsafe condition as the airplanes identified in AD 
2001-20-15, the FAA has determined that it is necessary to issue a new 
AD to require accomplishment of the actions described in Boeing Alert 
Service Bulletin DC9-24A193, Revision 01, on that airplane.

Explanation of the Requirements of the Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design, this AD is 
being issued to prevent AC cross-tie relay failures, which could result 
in internal arcing of the relay and smoke and/or fire in the cockpit 
and cabin. This AD requires accomplishment of the actions specified in 
Revision 01 of the service bulletin described previously, except as 
discussed below. If a certain AC cross-tie relay is installed, this AD 
also requires cleaning, inspecting, repairing, and testing the relay, 
per Sundstrand (Westinghouse) Overhaul Manual 24-20-46, Revision 8, 
dated August 15, 1983.

Differences Between This Rule and Service Bulletin

    Operators should note that, although the procedures described in 
Boeing Alert Service Bulletin DC9-24A193, Revision 01, specify 
maintenance of P/N 9008D09 series when it is beyond service interval 
limits, this AD does not require repetitive maintenance of AC cross-tie 
relays with that P/N because the unsafe condition has not been found on 
AC cross-tie relays with that P/N.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this 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 under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    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.

[[Page 19639]]

     For each issue, state what specific change to the 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 rule that might 
suggest a need to modify the 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 that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NM-37- AD.'' The postcard will be date stamped 
and returned to the commenter.

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.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, 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:

2002-08-09  McDonnell Douglas: Amendment 39-12717. Docket 2002-NM-
37-AD.
    Applicability: Model DC-9-31 airplane, fuselage number 0705, 
certificated in any category.

    Note 1: The requirements of this AD are identical to those in AD 
2001-20-15, amendment 39-12463, which applies to Model DC-9 series 
airplanes and MD-88 airplanes listed in Boeing Alert Service 
Bulletin DC9-24A193, dated July 31, 2001.


    Note 2: This AD applies to the 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 an airplane that has 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 (f) 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 internal arcing of the alternating current (AC) relay 
and smoke and/or fire in the cockpit and cabin, accomplish the 
following:

Inspection

    (a) Within 90 days after the effective date of this AD, perform 
a one-time inspection to determine if an AC cross-tie relay, part 
number (P/N) 914F567-3, or Sundstrand (Westinghouse) AC cross-tie 
relay, P/N 914F567-4, is installed, per Boeing Alert Service 
Bulletin DC9-24A193, Revision 01, dated January 15, 2002.

    Note 3: Inspections and replacements done before the effective 
date of this AD per Boeing Alert Service Bulletin DC9-24A193, dated 
July 31, 2001, are acceptable for compliance with the corresponding 
actions required by paragraphs (a) and (b) of this AD.

Replacement of Any AC Cross-Tie Relay,
P/N 914F567-3

    (b) If any AC cross-tie relay, P/N 914F567-3, is found installed 
during the inspection required by paragraph (a) of this AD, within 
90 days after the effective date of this AD, replace AC cross-tie 
relay, P/N 914F567-3, with a Sundstrand (Westinghouse) cross-tie 
relay, P/N 9008D09 series or 914F567-4, per the Accomplishment 
Instructions of Boeing Alert Service Bulletin DC9-24A193, Revision 
01, dated January 15, 2002.

Maintenance of Sundstrand (Westinghouse) AC Cross-Tie Relay, P/N 
914F567-4

    (c) If any Sundstrand (Westinghouse) AC cross-tie relay, P/N 
914F567-4, is found installed during the inspection required by 
paragraph (a) of this AD, clean, inspect, repair, and test the 
relay, per Sundstrand (Westinghouse) Overhaul Manual 24-20-46, 
Revision 8, dated August 15, 1983, at the later of the times 
specified in paragraph (c)(1) and (c)(2) of this AD, except as 
provided by paragraph (d) of this AD.
    (1) Within 90 days after the effective date of this AD.
    (2) Within 7,000 flight hours after installation of the 
Sundstrand (Westinghouse) AC cross-tie relay,
P/N 914F567-4.
    (d) For airplanes on which the flight hours since installation 
of any Sundstrand (Westinghouse) AC cross-tie relay, P/N 914F567-4, 
cannot be determined: Clean, inspect, repair, and test within 90 
days after the effective date of this AD.

Repetitive Maintenance of Sundstrand (Westinghouse) AC Cross-Tie Relay, 
P/N 914F567-4

    (e) Repeat the cleaning, inspection, repair, and test required 
by paragraphs (c) and (d) of this AD on all Sundstrand 
(Westinghouse) AC cross-tie relays, P/N 914F567-4, installed per 
paragraphs (b) and (c) of this AD at intervals not to exceed 7,000 
flight hours.

Alternative Methods of Compliance

    (f) 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

    (g) 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

    (h) The actions shall be done in accordance with Boeing Alert 
Service Bulletin DC9-24A193, Revision 01, dated January 15, 2002; 
and Sundstrand (Westinghouse) Overhaul Manual 24-20-46, Revision 8, 
dated August 15, 1983; as applicable.
    (1) The incorporation by reference of Boeing Alert Service 
Bulletin DC9-24A193, Revision 01, dated January 15, 2002 is approved 
by the Director of the Federal

[[Page 19640]]

Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) The incorporation by reference of Sundstrand (Westinghouse) 
Overhaul Manual 24-20-46, Revision 8, dated August 15, 1983, was 
approved previously by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51, as of October 26, 
2001 (66 FR 51857, October 11, 2001).
    (3) 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); and Hamilton Sundstrand, 4747 Harrison Avenue, P.O. 
Box 7002, Rockford, IL 61125-7002; as applicable. 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

    (i) This amendment becomes effective on May 8, 2002.

    Issued in Renton, Washington, on April 12, 2002.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.

[FR Doc. 02-9571 Filed 4-22-02; 8:45 am]
BILLING CODE 4910-13-U