[Federal Register Volume 68, Number 40 (Friday, February 28, 2003)]
[Rules and Regulations]
[Pages 9513-9515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4241]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-389-AD; Amendment 39-13058; AD 2003-04-10]
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 a one-time general visual inspection to find wire chafing 
damage

[[Page 9514]]

and to determine adequate clearance between the disconnect panel 
structure and the wires above the aft left lavatory; and corrective 
actions, if necessary. This action is necessary to prevent damage to 
certain wires due to contact between the wires and the adjacent 
structure, which could result in electrical arcing and consequent smoke 
and fire in the cabin. This action is intended to address the 
identified unsafe condition.

DATES: Effective April 4, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of April 4, 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; 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 airplanes was published in the Federal Register on August 30, 
2002 (67 FR 55735). That action proposed to require a one-time general 
visual inspection to find wire chafing damage and to determine adequate 
clearance between the disconnect panel structure and the wires above 
the aft left lavatory; 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 for Withdrawal of Proposed AD

    One commenter disagrees with the need for an AD to require 
accomplishment of Boeing Alert Service Bulletin MD90-24A074, Revision 
01, dated August 8, 2001. The commenter notes that the incident that 
prompted the proposed AD occurred on a McDonnell Douglas Model MD-88 
airplane, not an MD-90-30 airplane. The commenter notes that the 
affected wire bundle on the incident airplane chafed on a disconnect 
bracket on an extruded angle. The commenter states that, after 
considering the design of the disconnect panel on Model MD-90-30 
airplanes, it is confident that no wire chafing will be found on Model 
MD-90-30 airplanes. The commenter points out that the design of the 
subject disconnect bracket on the Model MD-90-30 airplane is 
significantly different, especially in length, from that on the Model 
MD-88 airplane. The bracket on the Model MD-90-30 airplane does not 
extend to the area where the wire bundle chafing occurred on the Model 
MD-88 airplane. The commenter requests that the proposed AD, if issued, 
include information about inspection findings on Model MD-90-30 
airplanes.
    The FAA infers that the commenter is requesting that we withdraw 
the proposed AD. We do not agree. The airplane manufacturer has 
reviewed the installation drawings and has confirmed that the same 
disconnect bracket (i.e., same part number) is installed in the same 
location on both Model MD-88 and Model MD-90-30 airplanes. Therefore, 
Model MD-90-30 airplanes may be subject to the same unsafe condition 
revealed on the Model MD-88 airplanes, even though no wire chafing 
damage has been found to date on Model MD-90-30 airplanes. No change to 
the final rule is necessary in this regard.

Request To Extend Compliance Time

    The same commenter requests that, if we deem it necessary to issue 
an AD, we extend the compliance time from 4 months after the effective 
date of the AD, as proposed, to 12 months after the effective date of 
the AD. Aside from its comments regarding the appropriateness of the 
AD, discussed previously, the commenter provides no further 
justification for its request.
    We concur that the compliance time of this AD may be extended. We 
have determined that a compliance time of 12 months will ensure that 
the identified unsafe condition is addressed in a timely manner, while 
allowing the majority of affected operators to complete the required 
actions during a scheduled maintenance visit. We have revised paragraph 
(a) of the final rule accordingly.

Explanation of Editorial Change

    In the NPRM, we stated that the proposed actions were to be 
accomplished ``per the Accomplishment Instructions of Boeing Alert 
Service Bulletin MD90-24A074, Revision 01, including Appendix A, dated 
August 8, 2001.'' However, the service bulletin's appendix contains a 
form for reporting inspection findings. This AD does not include such a 
requirement. Therefore, we have changed the service bulletin citation 
throughout this final rule to exclude the appendix of the service 
bulletin.
    Also, 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 airplane manufacturer to 
provide input on the quality of the service bulletin; however, this AD 
does not include such a requirement.
    Also, the Cost Impact section of the NPRM did not include 
information about warranty remedies that may be available. We have 
revised the Cost Impact section of this final rule to refer to warranty 
remedies.

Conclusion

    After careful review of the available data, including the comments 
noted above, we have determined that air safety and the public interest 
require the adoption of the rule with the changes previously described. 
We have 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 113 Model MD-90-30 airplanes of the 
affected design in the worldwide fleet. We estimate that 21 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 inspection required by this AD on 
U.S. operators is estimated to be $1,260, 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

[[Page 9515]]

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. Manufacturer warranty 
remedies may be available for labor costs associated with this AD. As a 
result, the costs attributable to this AD may be less than stated 
above.

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:

2003-04-10 McDonnell Douglas: Amendment 39-13058. Docket 2001-NM-
389-AD.

    Applicability: Model MD-90-30 airplanes, as listed in Boeing 
Alert Service Bulletin MD90-24A074, Revision 01, dated August 8, 
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 prevent damage to certain wires due to contact between the 
wires and the adjacent structure, which could result in electrical 
arcing and consequent smoke and fire in the cabin, accomplish the 
following:

One-Time Inspection/Corrective Actions

    (a) Within 12 months after the effective date of this AD: Do a 
one-time general visual inspection to find wire chafing damage and 
to determine adequate clearance between the disconnect panel 
structure and the wires above the aft left lavatory, per the 
Accomplishment Instructions of Boeing Alert Service Bulletin MD90-
24A074, Revision 01, excluding Appendix and Evaluation Form, dated 
August 8, 2001. If no damage is found and the clearance is adequate, 
no further action is required by this AD.

    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 from within 
touching distance unless otherwise specified. A mirror may be 
necessary to enhance visual access to all exposed surfaces in the 
inspection area. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or droplight 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 damage is found, but the clearance is inadequate: 
Before further flight, secure the wires using tie-wraps to obtain 
0.50-inch minimum clearance per the service bulletin.
    (2) If damage and/or inadequate clearance is found: Before 
further flight, repair or replace damaged wires with new wires and/
or secure the wires using tie-wraps to obtain 0.50-inch minimum 
clearance, as applicable, per the service bulletin.
    (b) Accomplishment of the one-time inspection and corrective 
actions before the effective date of this AD per Boeing Alert 
Service Bulletin MD90-24A074, dated May 14, 2001, is considered 
acceptable for compliance with paragraph (a) of 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 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) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Boeing Alert Service Bulletin MD90-24A074, 
Revision 01, excluding Appendix and Evaluation Form, dated August 8, 
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; 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 April 4, 2003.


    Issued in Renton, Washington, on February 14, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-4241 Filed 2-27-03; 8:45 am]
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