[Federal Register Volume 67, Number 240 (Friday, December 13, 2002)]
[Rules and Regulations]
[Pages 76673-76675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31178]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-287-AD; Amendment 39-12979; AD 2002-25-04]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-10, -20, -
30, -40, and -50 Series Airplanes; and C-9 (Military) 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-9-10, -20, -30, -40, 
and -50 series airplanes, and C-9 (military) airplanes, that requires a 
one-time visual inspection of circuit breakers to determine the 
manufacturer of the circuit breakers, and corrective action, if 
necessary. The actions specified by this AD are intended to prevent 
internal overheating and arcing of circuit breakers and airplane wiring 
due to long-term use and breakdown of internal components of the 
circuit breakers, which could result in smoke and fire in the flight 
compartment and main cabin. This action is intended to address the 
identified unsafe condition.

DATES: Effective January 17, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of January 17, 2003.

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 (military) 
airplanes was published in the Federal Register on June 5, 2001 (66 FR 
30101). That action proposed to require a one-time visual inspection of 
circuit breakers to determine the manufacturer of the circuit breakers, 
and corrective action, if necessary.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the single comment received.
    The commenter expresses concern that, although the applicability in 
the proposed AD only specifies Model DC-9 and MD-80 series airplanes, 
the referenced circuit breakers (manufactured by Wood Electric 
Corporation or Wood Electric Division of Potter Brumfield Corporation), 
may be fitted to other FAA type-certificated products or aircraft. The 
commenter asks for confirmation that this is or is not the case.
    We agree that the subject circuit breakers can be installed on 
other FAA type-certificated products. We previously issued other 
rulemaking actions that address the commenter's concern. AD 2001-08-16, 
amendment 39-12193, was issued on April 17, 2001

[[Page 76674]]

(66 FR 20914, April 26, 2001). That AD is applicable to certain 
McDonnell Douglas Model DC-8 series airplanes and requires a one-time 
inspection to determine the manufacturer of the circuit breakers, and 
corrective action, if necessary. AD 2000-09-07, amendment 39-11716, was 
issued on May 3, 2000 (65 FR 30534, May 12, 2000). That AD is 
applicable to certain McDonnell Douglas Model DC-10-10, -15, -30, -30F, 
and -40 series airplanes, and KC-10A (military) airplanes. That AD 
requires a one-time general visual inspection of circuit breakers to 
determine the manufacturer of the circuit breakers, and corrective 
action, if necessary. Therefore, no change to the final rule is 
necessary.

Explanation of Editorial Change

    We have changed the service bulletin citation throughout this final 
rule to exclude the Evaluation Form. (The form is intended to be 
completed by operators and submitted to the manufacturer to provide 
input on the quality of the service bulletin; however, this AD does not 
include such a requirement.)

Conclusion

    After careful review of the available data, including the comment 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the change previously 
described. The FAA has determined that this change will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    There are approximately 830 Model DC-9 series airplanes of the 
affected design in the worldwide fleet. The FAA estimates that 540 
airplanes of U.S. registry will be affected by this AD, that it will 
take approximately 80 work hours per airplane to accomplish the 
inspection of the circuit breakers (over 700 installed on each 
airplane), and that the average labor rate is $60 per work hour. Based 
on these figures, the cost impact of the AD on U.S. operators is 
estimated to be $2,592,000, or $4,800 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:

2002-25-04 McDonnell Douglas: Amendment 39-12979. Docket 99-NM-287-
AD.
    Applicability: Model DC-9-11, DC-9-12, DC-9-13, DC-9-14, DC-9-
15, and DC-9-15F airplanes; DC-9-21 airplanes; DC-9-31, DC-9-32, DC-
9-32 (VC-9C), DC-9-32F, DC-9-33F, DC-9-34, DC-9-34F, and DC-9-32F 
(C-9A, C-9B) airplanes; DC-9-41 airplanes; and DC-9-51 airplanes; as 
listed in McDonnell Douglas Alert Service Bulletin DC9-24A171, 
Revision 01, dated September 21, 1999; 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 internal overheating and arcing of circuit breakers 
and airplane wiring due to long-term use and breakdown of internal 
components of the circuit breakers, which could result in smoke and 
fire in the flight compartment and main cabin, accomplish the 
following:

Inspection and Replacement, if Necessary

    (a) Within 18 months after the effective date of this AD: 
Perform a one-time general visual inspection of circuit breakers to 
determine the manufacturer of the circuit breaker, in accordance 
with McDonnell Douglas Alert Service Bulletin DC9-24A171, Revision 
01, dated September 21, 1999, excluding Evaluation Form.

    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.''

    (1) If no Wood Electric Corporation or Wood Electric Division of 
Potter Brumfield Corporation circuit breaker is found, no further 
action is required by this AD.
    (2) If any Wood Electric Corporation or Wood Electric Division 
of Potter Brumfield Corporation circuit breaker is found, prior to 
further flight, replace the circuit breaker with a new circuit 
breaker in accordance with the service bulletin.

Spares

    (b) As of the effective date of this AD, no person shall 
install, on any airplane,

[[Page 76675]]

a circuit breaker having a part number listed in paragraph 1.A.2., 
``Spares Affected,'' of McDonnell Douglas Alert Service Bulletin 
DC9-24A171, Revision 01, dated September 21, 1999, excluding 
Evaluation Form.

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 DC9-24A171, Revision 01, dated 
September 21, 1999, excluding Evaluation Form. 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 January 17, 2003.


    Issued in Renton, Washington, on December 5, 2002.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-31178 Filed 12-12-02; 8:45 am]
BILLING CODE 4910-13-P