[Federal Register Volume 68, Number 234 (Friday, December 5, 2003)]
[Proposed Rules]
[Pages 67978-67979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30218]



[[Page 67978]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-215-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-81 (MD-
81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), and Model MD-88 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain McDonnell Douglas Model 
DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), and 
Model MD-88 airplanes. This proposal would require replacement of 
certain freeze protection ribbon heaters in the lavatory water supply 
system, and flushing, cleaning, and sterilizing the potable water 
system; disconnecting, coiling, and stowing the wiring of the freeze 
protection ribbon heater; or removal of freeze protection heaters. This 
action is necessary to prevent failure of freeze protection ribbon 
heaters, which could result in the charring, scorching, smoking, and 
shorting out of freeze protection ribbon heaters in the lavatory water 
supply system. This condition, if not corrected, could also result in 
electrical arcing of freeze protection ribbon heaters, leading to fire 
and damage to water lines and components under the lavatory sink. This 
action is intended to address the identified unsafe condition.

DATES: Comments must be received by January 20, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-215-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. 2002-NM-215-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 or 2000 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.

FOR FURTHER INFORMATION CONTACT: Cheyenne Del Carmen, Aerospace 
Engineer, Systems and Equipment Branch, ANM-130L, FAA, Los Angeles 
Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, 
California 90712-4137; telephone (562) 627-5338; fax (562) 627-5210.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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 above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    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 proposed 
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 proposed 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 summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NM-215-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2002-NM-215-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received reports of charring, scorching, smoking, and 
shorting out of freeze protection ribbon heaters in the lavatory water 
supply system of certain McDonnell Douglas 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. We 
also received reports of burning and scorching to water lines and 
components under the lavatory sink. Investigation revealed that the 
freeze protection ribbon heaters were failing. This condition, if not 
corrected, could result in electrical arcing of freeze protection 
ribbon heaters, leading to fire and damage to water lines and 
components under the lavatory sink.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Alert Service Bulletin 
MD80-25A381, dated August 5, 2002. This service bulletin describes 
procedures for replacing the existing freeze protection ribbon heater 
in the lavatory water supply system with a new, reidentified heater 
hose assembly, and flushing, cleaning, and sterilizing the potable 
water system; disconnecting, coiling, and stowing the wiring of the 
freeze protection ribbon heater in the lavatory water supply system; or 
removing the freeze protection ribbon heater from the lavatory water 
supply system. Accomplishment of the actions specified in the Boeing 
service bulletin is intended to adequately address the identified 
unsafe condition.
    Boeing Alert Service Bulletin MD80-25A381 refers to Jamco 
Corporation Service Bulletin MD080-25-829, dated February 14, 2002, as 
an additional source of service information for instructions on 
replacing the existing freeze protection ribbon heater with a new, 
reidentified heater hose assembly for 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.

[[Page 67979]]

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other products of this same type design, the 
proposed AD would require accomplishment of the actions specified in 
the Boeing service bulletin described previously.

Cost Impact

    There are approximately 1,180 airplanes of the affected design in 
the worldwide fleet. The FAA estimates that 724 airplanes of U.S. 
registry would be affected by this proposed AD, and that each airplane 
has approximately 3 lavatories, and that the average 1 labor rate is 
$65 per work hour. Table 1 shows the estimated cost impact, based upon 
the action taken, for airplanes affected by this proposed AD.

                                              Table 1.--Cost Impact
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                                   Work hours per     Parts cost per
              Action                  lavatory           lavatory        Cost per lavatory        Total cost
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Replace the existing freeze                     6  $2,344 to $3,208     $2,734 to $3,598     $5,938,248 to
 protection ribbon heater with a                    (Depending on        (Depending on        $7,814,856
 new, reidentified heater hose                      lavoratory module    lavoratory module    (Depending on
 assemply; and flush, clean, and                    configuration).      configuration).      lavatory module
 sterilize the potable water                                                                  configuration) or
 system; or.                                                                                  $8,202 to $10,794
                                                                                              per airplane.
Disconnect, coil, and stow the                  2  $0.................  $130...............  $282,360 or $390
 wiring of the freeze protection                                                              per airplane.
 ribbon heater; or.
Remove the freeze protection                    3  $0.................  $195...............  $423,540 or $585
 ribbon heater.                                                                               per airplane.
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    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the proposed requirements 
of this AD action, and that no operator would accomplish those actions 
in the future if this proposed 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 proposed herein would 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 proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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:

McDonnell Douglas: Docket 2002-NM-215-AD.

    Applicability: 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, as listed in Boeing 
Alert Service Bulletin MD80-25A381, dated August 5, 2002; 
certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of freeze protection ribbon heaters, which 
could result in the charring, scorching, smoking, and shorting out 
of freeze protection ribbon heaters in the lavatory water supply 
system and could also result in electrical arcing of freeze 
protection ribbon heaters, leading to fire and damage to water lines 
and components under the lavatory sink; accomplish the following:

Corrective Actions

    (a) Within 18 months of the effective date of this AD, do the 
actions specified in paragraph (a)(1), (a)(2), or (a)(3) of this AD 
per the Accomplishment Instructions of Boeing Alert Service Bulletin 
MD80-25A381, dated August 5, 2002.
    (1) Replace the existing freeze protection ribbon heater in the 
lavatory water supply system with a new, reidentified heater hose 
assembly. Flush, clean, and sterilize the potable water system; or
    (2) Disconnect, coil, and stow the wiring of the freeze 
protection ribbon heater in the lavatory water supply system; or
    (3) Remove the freeze protection ribbon heater from the lavatory 
water supply system.

    Note 1: Boeing Alert Service Bulletin MD80-25A381 refers to 
Jamco Corporation Service Bulletin MD080-25-829, dated February 14, 
2002, as an additional source of service information for 
instructions on replacing the existing freeze protection ribbon 
heater with a new, reidentified heater hose assembly for Model DC-9-
81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), and 
Model MD-88 airplanes.

Alternative Methods of Compliance

    (b) In accordance with 14 CFR 39.19, the Manager, Los Angeles 
Aircraft Certification Office, FAA, is authorized to approve 
alternative methods of compliance for this AD.

    Issued in Renton, Washington, on November 28, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-30218 Filed 12-4-03; 8:45 am]
BILLING CODE 4910-13-P