[Federal Register Volume 68, Number 21 (Friday, January 31, 2003)]
[Rules and Regulations]
[Pages 4900-4902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1954]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-277-AD; Amendment 39-13032; AD 2003-03-08]
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

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, DC-9-20, DC-9-
30, DC-9-40, and DC-9-50 series airplanes, that requires a one-time 
inspection at a certain disconnect panel in the left forward cargo 
compartment to find contamination of electrical connectors and to 
determine if a dripshield is installed over the disconnect panel, and 
corrective actions if necessary. The actions specified by this AD are 
intended to find and fix contamination of certain electrical connectors 
and prevent future contamination of these connectors, which could cause 
electrical arcing that could result in a fire on the airplane. This 
action is intended to address the identified unsafe condition.

DATES: Effective March 7, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 7, 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 was 
published in the Federal Register on August 23, 2002 (67 FR 54597). 
That action proposed to require a one-time inspection at a certain 
disconnect panel in the left forward cargo compartment to find 
contamination of electrical connectors and to determine if a dripshield 
is installed over the disconnect panel, and corrective actions 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 comments received.

Request To Clarify Applicability

    One commenter asks that the applicability in the proposed AD be 
clarified, in that it only applies to airplanes with forward lavatories 
installed. The commenter notes that Boeing Alert Service Bulletin DC9-
24A190, Revision 01, dated November 21, 2001 (which is referenced as 
the appropriate source of service information for accomplishment of the 
actions specified in the proposed AD), specifies airplanes that had 
forward lavatories installed. The commenter adds that such 
clarification would eliminate the need for an alternative method of 
compliance for airplanes without a forward lavatory.
    The FAA agrees with the commenter. We have changed the 
applicability section in this final rule to clarify that it applies 
only to airplanes with forward lavatories installed.

Request To Extend Compliance Time

    One commenter asks that the compliance time in the proposed AD be 
extended from 18 to 24 months after the effective date of the AD. The 
commenter states that per the 18 month compliance time, 159 airplanes 
in the DC-9 fleet must be modified during normal ``L,'' ``H,'' and 
``M'' maintenance checks. The commenter adds that meeting the 18-month 
compliance time may require special maintenance visits, and changing 
the compliance time to 24 months would allow time for accomplishment of 
the inspection and for the airplane manufacturer to provide parts to 
support replacement of the dripshield, if necessary, during normal 
maintenance visits.
    We do not agree with the commenter. The commenter provides no 
technical data to justify its statement that the proposed compliance 
time should be extended. In developing an appropriate compliance time 
for this AD, we considered not only the safety implications, but the 
manufacturer's recommendations, availability of spare parts, and the 
practical aspect of accomplishing the inspection within an interval of 
time that parallels normal scheduled maintenance for affected 
operators. In consideration of all of these factors, we have determined 
that the compliance time, as proposed, represents an appropriate 
interval in which the inspection can be

[[Page 4901]]

accomplished in a timely manner within the fleet and still maintain an 
adequate level of safety. However, under the provisions of paragraph 
(c) of the final rule, we may approve requests for adjustments to the 
compliance time if data are submitted to substantiate that such an 
adjustment would provide an acceptable level of safety. No change to 
the final rule is necessary in this regard.

Request To Change Cost Impact Section

    One commenter does not agree with the manpower estimates in the 
Cost Impact section of the proposed AD. The commenter states that, 
under the worst conditions, an airplane will have blue water 
contamination and no dripshield installed. The commenter adds that it 
will take one sheet metal mechanic 6 hours to install the dripshield 
and all open/close access requirements; and it will take one electrical 
technician 8 hours to clean each electrical connector and do affected 
system checks. The commenter notes that these estimates are based on 
actual labor done on one of its airplanes. The commenter also provided 
estimates of the inflated cost of parts ordered with a 300-day lead-
time.
    From this comment, we infer that the commenter is asking that the 
cost impact estimate be revised. We do not agree. The economic analysis 
of the AD is limited only to the cost of actions actually required by 
the rule. It does not consider the costs of ``on condition'' actions, 
such as installation of an electrical connector or a dripshield if 
discrepancies are found during a required inspection (``corrective 
actions, if necessary''). Such ``on-condition'' corrective actions 
would be required to be accomplished, regardless of AD direction, to 
correct an unsafe condition identified in an airplane and to ensure 
operation of that airplane in an airworthy condition, as required by 
the Federal Aviation Regulations. Therefore, no change to the final 
rule is necessary in this regard.

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 80 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 51 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 inspection, and that the 
average labor rate is $60 per work hour. Based on these figures, the 
cost impact of the inspection on U.S. operators is estimated to be 
$3,060, 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:

2003-03-08 McDonnell Douglas: Amendment 39-13032. Docket 2001-NM-
277-AD.

    Applicability: Model DC-9-11, DC-9-12, DC-9-13, DC-9-14, DC-9-
15, DC-9-15F, DC-9-21, DC-9-31, DC-9-32, DC-9-32 (VC-9C), DC-9-32F, 
DC-9-32F (C-9A, C-9B), DC-9-33F, DC-9-34, DC-9-34F, DC-9-41, and DC-
9-51 airplanes equipped with forward lavatories; as listed in Boeing 
Alert Service Bulletin DC9-24A190, Revision 01, dated November 21, 
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 (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 find and fix contamination of certain electrical connectors 
and prevent future contamination of these connectors, which could 
cause electrical arcing and result in a fire on the airplane, 
accomplish the following:

One-Time Inspection and Corrective Actions

    (a) Within 18 months after the effective date of this AD, 
perform a one-time general visual inspection of the disconnect panel 
at station Y=237.000 in the left forward cargo compartment to find 
evidence of contamination (e.g., staining or corrosion) of 
electrical connectors by blue water, and to determine if a 
dripshield is installed over the

[[Page 4902]]

disconnect panel. Do this inspection according to the Accomplishment 
Instructions of Boeing Alert Service Bulletin DC9-24A190, Revision 
01, excluding Evaluation Form, dated November 21, 2001.
    (1) If no evidence of contamination of electrical connectors is 
found, and a dripshield is installed, no further action is required 
by this AD.
    (2) If any evidence of contamination of any electrical connector 
is found: Before further flight, remove each affected connector, and 
install a new or serviceable connector according to the service 
bulletin.
    (3) If no dripshield is installed over the disconnect panel: 
Before further flight, install a dripshield according to the service 
bulletin.

Previously Accomplished Inspections and Corrective Actions

    (b) Inspections and corrective actions accomplished before the 
effective date of this AD in accordance with Boeing Alert Service 
Bulletin DC9-24A190, dated July 31, 2001, are considered acceptable 
for compliance with the corresponding action specified in this AD.

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 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

    (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) Unless otherwise specified by this AD, the actions shall be 
done in accordance with Boeing Alert Service Bulletin DC9-24A190, 
Revision 01, excluding Evaluation Form, dated November 21, 2001. 
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 March 7, 2003.

    Issued in Renton, Washington, on January 22, 2003.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-1954 Filed 1-30-03; 8:45 am]
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