[Federal Register Volume 68, Number 72 (Tuesday, April 15, 2003)]
[Rules and Regulations]
[Pages 18112-18114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8892]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-386-AD; Amendment 39-13113; AD 2003-08-02]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model MD-90-30 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain McDonnell Douglas Model MD-90-30 airplanes. This 
action requires a one-time inspection for chafing or damage of the 
cable assemblies and follow-on modification of the cable assemblies of 
the powered seats located in the first-class cabin. This action is 
necessary to prevent chafing and damage of the cable assemblies due to 
contact between the cable and the metal retaining clip on the seat leg, 
which could result in electrical arcing and consequent smoke and/or 
fire in the cabin. This action is intended to address the identified 
unsafe condition.

DATES: Effective April 30, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of April 30, 2003.
    Comments for inclusion in the Rules Docket must be received on or 
before June 16, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-386-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056.
    Comments may be inspected at this location between 9 a.m. and 3 
p.m., Monday through Friday, except Federal holidays. Comments may be 
submitted via fax to (425) 227-1232. Comments may also be sent via the 
Internet using the following address: [email protected]. 
Comments sent via fax or the Internet must contain ``Docket No. 2001-
NM-386-AD'' in the subject line and need not be submitted in 
triplicate. Comments sent via the Internet as attached electronic files 
must be formatted in Microsoft Word 97 for Windows or ASCII text.
    The service information referenced in the proposed rule 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 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.

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: Boeing production personnel reported that, 
while securing a first-class powered seat to the floor during routine 
maintenance, the seat-to-seat power cable assembly shorted and arced 
causing a small fire under the seat. Investigation revealed that the 
tie-wrapped cable assembly had migrated and was contacting the metal 
retaining clip on the powered seat leg. This condition, if not 
corrected, could result in chafing and damage of the cable assemblies, 
consequent electrical arcing, and smoke and/or fire in the cabin.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Alert Service Bulletin 
MD90-25A056, Revision 01, dated April 30, 2002, which describes 
procedures for a one-time visual inspection for chafing or damage of 
the cable assemblies and follow-on modification of the cable assemblies 
of the powered seats located in the first-class cabin between fuselage 
stations Y=273.500 and Y=465.000. The modification includes fabrication 
of identification bands for the left and right side seat plug cables, 
and accomplishment of one of the following conditions:
    Condition 1--If no chafing or damage is found, install cable 
assemblies and mating identification bands; install protective sleeving 
and wrap; install and route seat cable assemblies using improved 
methods; and coil and stow the ground wire;
    Condition 2--If any chafing or damage is found that is within the 
limits specified in Chapter 20 of the Standard Wiring Practices Manual 
(SWPM), repair the damaged cable assemblies and do a continuity check; 
install cable assemblies and mating identification bands; install 
protective sleeving and wrap; install and route seat cable assemblies 
using improved methods; and coil and stow the ground wire; or
    Condition 3--If any chafing or damage is found that is outside the 
limits specified in Chapter 20 of the SWPM, replace the damaged wires 
or cable assemblies with new components, and do a continuity check; 
install cable assemblies and mating identification bands; install 
protective sleeving and wrap; install and route seat cable assemblies 
using improved methods; and coil and stow the ground wire.
    The procedures for inspection and modification described above are 
for Group 1 airplanes. The procedures for Group 2 airplanes are the 
same, except there is no coiling and stowing of the ground wire.
    Accomplishment of the actions specified in the service bulletin is 
intended to adequately address the identified unsafe condition.

Explanation of Requirements of the Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design that may be 
registered in the United States at some time in the future, this AD is 
being issued to prevent chafing and damage of the cable assemblies due 
to contact between the cable and the metal retaining clip on the seat 
leg, which could result in electrical arcing and consequent smoke and/
or fire in the cabin. This AD requires a one-time inspection for 
chafing or damage of the cable assemblies and follow-on modification of 
the cable assemblies of the powered seats located in the first-class 
cabin. The actions are required to be accomplished in

[[Page 18113]]

accordance with the service bulletin described previously.

Cost Impact

    None of the Model MD-90-30 airplanes affected by this action are on 
the U.S. Register. All airplanes included in the applicability of this 
rule currently are operated by non-U.S. operators under foreign 
registry; therefore, they are not directly affected by this AD action. 
However, the FAA considers that this rule is necessary to ensure that 
the unsafe condition is addressed in the event that any of these 
subject airplanes are imported and placed on the U.S. Register in the 
future.
    Should an affected airplane be imported and placed on the U.S. 
Register in the future, it would require approximately 7 work hours to 
accomplish the required modification, at an average labor rate of $60 
per work hour. Based on these figures, the cost impact of this AD would 
be $420 per airplane.

Determination of Rule's Effective Date

    Since this AD action does not affect any airplane that is currently 
on the U.S. register, it has no adverse economic impact and imposes no 
additional burden on any person. Therefore, prior notice and public 
procedures hereon are unnecessary and the amendment may be made 
effective in less than 30 days after publication in the Federal 
Register.

Comments Invited

    Although this action is in the form of a final rule and was not 
preceded by notice and opportunity for public comment, comments are 
invited on this rule. Interested persons are invited to comment on this 
rule by submitting such written data, views, or arguments as they may 
desire. Communications shall identify the Rules Docket number and be 
submitted in triplicate to the address specified under the caption 
ADDRESSES. All communications received on or before the closing date 
for comments will be considered, and this rule may be amended in light 
of the comments received. Factual information that supports the 
commenter's ideas and suggestions is extremely helpful in evaluating 
the effectiveness of the AD action and determining whether additional 
rulemaking action would be needed.
    Submit comments using the following format:
    [sbull] Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
    [sbull] For each issue, state what specific change to the AD is 
being requested.
    [sbull] Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2001-NM-386-AD.'' The postcard will be date stamped 
and returned to the commenter.

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

0
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

0
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]

0
2. Section 39.13 is amended by adding the following new airworthiness 
directive:

2003-08-02 McDonnell Douglas: Amendment 39-13113. Docket 2001-NM-
386-AD.

    Applicability: Model MD-90-30 airplanes, as listed in Boeing 
Alert Service Bulletin MD90-25A056, Revision 01, dated April 30, 
2002; 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 (b) 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 chafing and damage of the cable assemblies of the 
powered seats located in the first-class cabin, which could result 
in electrical arcing and consequent smoke and/or fire in the cabin, 
accomplish the following:

One-Time Inspection/Follow-on Modification

    (a) Within 6 months after the effective date of this AD: Do a 
one-time general visual inspection for chafing and damage of the 
cable assemblies of the powered seats located in the first-class 
cabin between fuselage stations Y=273.500 and Y=465.000, per Boeing 
Alert Service Bulletin MD90-25A056, Revision 01, dated April 30, 
2002. Before further flight, do the applicable follow-on 
modification specified in paragraph (a)(1), (a)(2), or (a)(3) of 
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 chafing or damage is found, modify the cable 
assemblies (includes

[[Page 18114]]

installing cable assemblies and mating identification bands; 
installing protective sleeving and wrap; installing and routing of 
seat cable assemblies using improved methods; and coiling and 
stowing the ground wire if applicable) per Condition 1 of the 
service bulletin.
    (2) If any chafing or damage is found that is within the limits 
specified in Chapter 20 of the Standard Wiring Practices Manual 
(SWPM), modify the cable assemblies (includes repairing the damaged 
cable assemblies and doing a continuity check; installing cable 
assemblies and mating identification bands; installing protective 
sleeving and wrap; installing and routing of seat cable assemblies 
using improved methods; and coiling and stowing the ground wire if 
applicable) per Condition 2 of the service bulletin.
    (3) If any chafing or damage is found that is outside the limits 
specified in Chapter 20 of the SWPM, modify the cable assemblies 
(includes replacing the damaged wires or cable assemblies with new 
components, and doing a continuity check; installing cable 
assemblies and mating identification bands; installing protective 
sleeving and wrap; installing and routing of seat cable assemblies 
using improved methods; and coiling and stowing the ground wire if 
applicable) per Condition 3 of the service bulletin.

Alternative Methods of Compliance

    (b) 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

    (c) 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

    (d) The actions shall be done in accordance with Boeing Alert 
Service Bulletin MD90-25A056, Revision 01, dated April 30, 2002. 
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

    (e) This amendment becomes effective on April 30, 2003.

    Issued in Renton, Washington, on April 7, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-8892 Filed 4-14-03; 8:45 am]
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