[Federal Register Volume 67, Number 95 (Thursday, May 16, 2002)]
[Rules and Regulations]
[Pages 34818-34820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12066]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-198-AD; Amendment 39-12747; AD 2002-10-01]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model MD-90-30 
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 MD-90-30 airplanes, that 
requires modification of the main battery ground stud and installation 
of a nameplate which indicates torque requirements for the ground stud 
nut. The actions specified by this AD are intended 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.

DATES: Effective June 20, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of June 20, 2002.

ADDRESSES: The service information referenced in this AD may be 
obtained

[[Page 34819]]

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: 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: 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 
MD-90-30 series airplanes was published in the Federal Register on 
January 4, 2002 (67 FR 542). That action proposed to require 
modification of the main battery ground stud and installation of a 
nameplate which indicates torque requirements for the ground stud nut.

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 for Clarification of Compliance Time in Paragraph (b)

    Two commenters request clarification regarding the compliance time 
to accomplish paragraph (b) of this AD, if the modification required by 
paragraph (a) of this AD has been accomplished in accordance with 
McDonnell Douglas Service Bulletin MD90-24-004, original issue, dated 
February 26, 1996, prior to the effective date of the AD.
    The FAA concurs with the need for such clarification and 
accordingly has changed the language of this AD to specify that, if 
paragraph (a) of this AD has been accomplished prior to the effective 
date of this AD, then paragraph (b) of this AD must be accomplished 
within 6 months after the effective date of this AD.

Explanation of Change to Applicability in Proposed AD

    The FAA has changed the applicability of this final rule to clarify 
model designations as published in the most recent type certificate 
data sheet for the affected airplanes. Specifically, the proposed AD 
referred to ``McDonnell Douglas Model MD-90-30 series airplanes,'' but 
this final rule refers to ``McDonnell Douglas Model MD-90-30 
airplanes.''

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 18 Model MD-90-30 airplanes of the affected 
design in the worldwide fleet. The FAA estimates that 14 airplanes of 
U.S. registry will be affected by this AD, that it will take 
approximately 1 work hour per airplane to accomplish the actions 
required by paragraphs (a) and (b) of this AD, and that the average 
labor rate is $60 per work hour. Required parts will be provided by the 
manufacturer at no cost. Based on these figures, the cost impact of the 
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 requirements of this AD 
action, 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:

2002-10-01  McDonnell Douglas: Amendment 39-12747. Docket 2000-NM-
198-AD.

    Applicability: Model MD-90-30 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

[[Page 34820]]

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.

    Note 2: Accomplishment of the reversal of the ground stud 
installation and installation of the nameplate prior to the 
effective date of this AD, 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.

Inspection

    (b) Conduct a visual inspection of the electrical bonding of the 
ground stud at the time specified in paragraph (b)(1) or (b)(2) of 
this AD, as applicable, in accordance with McDonnell Douglas Alert 
Service Bulletin MD90-24A004, Revision 01, dated January 11, 2000.
    (1) If paragraph (a) of this AD was accomplished prior to the 
effective date of this AD, accomplish paragraph (b) of this AD 
within 6 months after the effective date of this AD.
    (2) If paragraph (a) of this AD was not accomplished prior to 
the effective date of this AD, accomplish paragraph (b) of this AD 
after accomplishing paragraph (a) of this AD and prior to further 
flight.

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.

Incorporation by Reference

    (e) The actions shall be done in accordance with McDonnell 
Douglas Alert Service Bulletin MD90-24A004, Revision 01, dated 
January 11, 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 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 June 20, 2002.

    Issued in Renton, Washington, on May 7, 2002.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-12066 Filed 5-15-02; 8:45 am]
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