[Federal Register Volume 68, Number 3 (Monday, January 6, 2003)]
[Rules and Regulations]
[Pages 471-473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-53-AD; Amendment 39-12996; AD 2002-26-08]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-10, DC-9-
20, DC-9-30, DC-9-40, and DC-9-50 Series Airplanes; and Model DC-9-81 
(MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), and 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 DC-9-10, DC-9-20, DC-9-30, DC-
9-40, and DC-9-50 series airplanes; and Model DC-9-81 (MD-81), DC-9-82 
(MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), and MD-88 airplanes. This 
amendment requires replacement of the emergency power switch knob on 
the overhead switch panel in the flight compartment with a new, 
improved knob made of non-conductive material. The actions specified by 
this AD are intended to prevent the knob from conducting electricity, 
which could result in delivery of an electrical shock and consequent 
injury to flightcrew or maintenance personnel. This action is intended 
to address the identified unsafe condition.

DATES: Effective February 10, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of February 10, 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 K. 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, DC-9-20, DC-9-30, DC-9-40, and DC-9-50 series airplanes; and 
Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-
87), and MD-88 airplanes was published in the Federal Register on 
August 16, 2002 (67 FR 53527). That action proposed to require 
replacement of the emergency power switch knob on the overhead switch 
panel in the flight compartment with a new, improved knob made of non-
conductive material.

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 Withdraw Proposed AD or Extend Compliance Time

    One commenter asks the FAA to withdraw the proposed AD for the 
following reasons:
    [sbull] The proposed AD states that one mechanic received a shock 
during maintenance, and the commenter notes that it is not likely that 
the problem exists or will develop in other switches. The commenter 
operates 74 Model DC-9 series airplanes, and over the past 21 years in 
service there have been no reported incidents by pilots or mechanics 
while operating the emergency power switch. The pilots and mechanics 
have operated the emergency power switches over half a million times.
    [sbull] Receiving a shock from the power switch does not pose a 
substantial hazard to the continued airworthiness of the aircraft. The 
reason for this is that 99 percent of power switch operations are 
performed while the airplane is parked at the gate, when the pilot 
performs a pre-flight check, or when a mechanic performs a maintenance 
service check. If the pilot or mechanic did receive a shock from the 
power switch, a discrepancy form would be filled out and the switch 
would be replaced.
    The same commenter asks that, as an alternative to withdrawing the 
proposed AD, the compliance time for replacement of the switch be 
extended from 6 months to 24 months, using the lead-time of the parts 
and scheduled maintenance interval criteria, as follows:
    [sbull] In the proposed AD the FAA estimates that 1,079 airplanes 
of U.S.-registry are affected. At the time the proposed AD was issued, 
the manufacturer had no knobs in stock, and 374 on order, with a due 
date near the end of 2002. There is a 160-day lead time on orders for 
the power switch knob; therefore, the fleet cannot be outfitted until 
the knobs are received.
    [sbull] Because the commenter's C-check is performed at 20-month 
intervals, it would have less impact on operations if the knobs could 
be changed during a C-check. This would eliminate special routing of 
airplanes or special distribution of the knobs. In addition, as stated 
in Boeing Alert Service Bulletin DC9-24A189 (referenced in the proposed 
AD as the appropriate source of service information for accomplishment 
of the actions), the opening of the forward overhead switch panel would 
not be required, ``based on knowledge of mechanic performing 
replacement of knob assembly on emergency power switch.'' This would 
allow one set of mechanics to replace the knobs and would eliminate 
unnecessary steps.
    We partially agree with the commenter, as follows:

[[Page 472]]

    [sbull] We do not agree to withdraw the proposed AD. As specified 
in the Discussion section of the proposed AD, ``Investigation revealed 
that terminals within the switch had shorted to the switch shaft. Due 
to the design of the emergency power system, this switch is not 
grounded. The capacity of the emergency power switch knob to conduct 
electricity, if not corrected, could result in delivery of an 
electrical shock and consequent injury to flightcrew or maintenance 
personnel.'' Further, the existing power switch must be replaced with a 
non-conductive material in order to preclude the possibility of an 
electrical shock to personnel, which could happen either in flight or 
before takeoff. The final rule will be issued accordingly.
    [sbull] We do agree to extend the compliance time somewhat for the 
replacement of the switch. We have reviewed and approved Boeing Alert 
Service Bulletin DC9-24A189, Revision 01, dated August 5, 2002, 
excluding Evaluation Form; and Revision 02, dated October 8, 2002, 
excluding Evaluation Form; as additional sources of service information 
for accomplishment of the actions. Revision 02 extends the compliance 
time recommended in the original issue of the service bulletin from 6 
to 12 months, as parts will be available within that timeframe. The 
changes in Revisions 01 and 02 are not substantive, meaning that 
airplanes modified per those service bulletins are not subject to any 
additional work. However, we have changed paragraph (a) of this final 
rule to refer to Revision 02 of the service bulletin as the appropriate 
source of service information for the actions in that paragraph. In 
addition, we have added a new paragraph (b) to the final rule (and 
reordered subsequent paragraphs accordingly) to give credit for 
replacements done before the effective date of this AD according to the 
original issue and Revision 01 of the service bulletin. To follow the 
compliance time specified in Revision 02 of the service bulletin, we 
have extended the compliance time for the replacement to within 12 
months after the effective date of this AD. Paragraph (a) of this final 
rule has been changed accordingly.

Request To Extend Compliance Time

    Two commenters ask that the compliance time specified in the 
proposed AD be extended from 6 to 12 months. A third commenter states 
that, although there are concerns about parts availability, if Boeing 
can provide an adequate supply of parts to meet the overnight 
inspection schedule, a compliance time of 6 months can be met. The two 
commenters note that although Revision 01 of the referenced service 
bulletin was released on August 5, 2002, to reset the start date of the 
original issue of the service bulletin, only 300 parts were available 
at that time. One commenter adds that the FAA is currently reviewing 
Revision 02 of the service bulletin which extends the compliance time 
to 12 months to accommodate availability of parts. Both commenters 
state that the proposed AD should be changed to reflect the latest 
revision of the service bulletin with the extended compliance time, 
which allows time for Boeing to produce an adequate number of parts.
    As described previously, we have reviewed and approved Revision 02 
of the service bulletin and agree to extend the compliance time for the 
replacement required by this final rule to within 12 months after the 
effective date of this AD.

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 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 1,904 airplanes of the affected design in 
the worldwide fleet. The FAA estimates that 1,079 airplanes of U.S. 
registry will be affected by this AD, that it will take approximately 1 
work hour per airplane to accomplish the required replacement, and that 
the average labor rate is $60 per work hour. Required parts will cost 
approximately $250 per airplane. Based on these figures, the cost 
impact of the AD on U.S. operators is estimated to be $334,490, or $310 
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:

2002-26-08 McDonnell Douglas: Amendment 39-12996. Docket 2002-NM-53-
AD.

    Applicability: Model DC-9-11, DC-9-12, DC-9-13, DC-9-14, DC-9-
15, DC-9-15F,

[[Page 473]]

DC-9-21, DC-9-31, DC-9-32, DC-9-32 (VC-9C), DC-9-32F, DC-9-33F, DC-
9-34, DC-9-34F, DC-9-32F (C-9A, C-9B), DC-9-41, DC-9-51, DC-9-81 
(MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), and MD-
88 airplanes; as listed in Boeing Alert Service Bulletin DC9-24A189, 
dated December 12, 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 (d) 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 emergency power switch knob from conducting 
electricity, which could result in delivery of an electrical shock 
and consequent injury to flightcrew or maintenance personnel, 
accomplish the following:

Replacement

    (a) Within 12 months after the effective date of this AD, 
replace the emergency power switch knob on the overhead switch panel 
in the flight compartment with a new, improved knob, having part 
number 4957249-9, made of non-conductive material, according to the 
Accomplishment Instructions of Boeing Alert Service Bulletin DC9-
24A189, Revision 02, dated October 8, 2002; excluding Evaluation 
Form.
    (b) Replacements done before the effective date of this AD 
according to Boeing Alert Service Bulletin DC9-24A189, dated 
December 12, 2001; or Revision 01, dated August 5, 2002; both 
excluding Evaluation Form, are acceptable for compliance with the 
replacement required by paragraph (a) of this AD.

Part Installation

    (c) As of the effective date of this AD, no person shall install 
an emergency power switch knob having part number 4957249-1, 
4957249-501, or 4957249-503, on the overhead switch panel in the 
flight compartment of any airplane.

Alternative Methods of Compliance

    (d) 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 2: 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

    (e) 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

    (f) The replacement shall be done in accordance with Boeing 
Alert Service Bulletin DC9-24A189, Revision 02, dated October 8, 
2002, 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

    (g) This amendment becomes effective on February 10, 2003.

    Issued in Renton, Washington, on December 24, 2002.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-30 Filed 1-3-03; 8:45 am]
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