[Federal Register Volume 69, Number 20 (Friday, January 30, 2004)]
[Rules and Regulations]
[Pages 4448-4450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1913]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-82-AD; Amendment 39-13444; AD 2004-02-09]
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 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 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 
action requires a one-time visual inspection to determine if discrepant 
circuit breakers are installed, and corrective action if necessary. 
This action is necessary to prevent internal overheating and arcing of 
circuit breakers and airplane wiring due to long-term use and breakdown 
of internal components of the circuit breakers, which could result in 
smoke and fire in the flight compartment and main cabin. This action is 
intended to address the identified unsafe condition.

DATES: Effective March 5, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 5, 2004.

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-9-81 (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 May 23, 2003 
(68 FR 28175). That action proposed to require a one-time visual 
inspection to determine if discrepant circuit breakers are installed, 
and corrective action 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.

[[Page 4449]]

Support for Proposed AD

    One commenter concurs with the proposed AD.

Request To Delay Rule Until Certain Part Numbers (P/N) Are Removed From 
Manufacturer's Parts List

    The other commenter, an operator, requests that the final rule not 
be released until the Wood Electric circuit breaker P/Ns are removed 
from Boeing's Approved Equivalent Parts List. The commenter states that 
Boeing should ensure that the affected parts are purged from the Boeing 
specification part stock, with the supporting documentation reflecting 
only acceptable parts. The commenter further states that the Wood 
Electric circuit breaker P/Ns are still approved to the Boeing 
specification numbers listed in the referenced alert service bulletin 
as the parts to be installed for the terminating action specified in 
the proposed AD. The commenter asserts that this will increase the 
possibility that the discrepant circuit breakers may still be installed 
on airplanes in the future.
    We do not agree. We have confirmed with the manufacturer, Boeing, 
that it has revised the Approved Equivalent Parts List and inserted an 
``x'' code by all Wood Electric circuit breakers. This prohibits those 
parts from being ordered and installed. The Wood Electric circuit 
breakers are no longer being manufactured and have been out of 
production for over twenty years, and, therefore, are no longer 
available from parts stock. Boeing Alert Service Bulletin MD80-24A194, 
Revision 01, dated March 11, 2003, referenced in this final rule, 
specifies that Wood Electric Corporation and Wood Electric Division of 
Potter Brumfield Corporation circuit breakers be replaced with 
currently approved circuit breakers. No change to this final rule is 
necessary.

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 as proposed.

Changes to 14 CFR Part 39/Effect on the AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance. However, for clarity and consistency in this final rule, we 
have retained the language of the NPRM regarding that material.

Increase in Labor Rate

    After the proposed rule was issued, we reviewed the figures we use 
to calculate the labor rate to do the required actions. To account for 
various inflationary costs in the airline industry, we find it 
appropriate to increase the labor rate used in these calculations from 
$60 per work hour to $65 per work hour. The economic impact 
information, below, has been revised to reflect this increase in the 
specified hourly labor rate.

Cost Impact

    There are approximately 1,177 airplanes of the affected design in 
the worldwide fleet. The FAA estimates that 709 airplanes of U.S. 
registry will be affected by this AD, that it will take approximately 
80 work hours per airplane to accomplish the required inspection of the 
circuit breakers (over 700 installed on each airplane), and that the 
average labor rate is $65 per work hour. Based on these figures, the 
cost impact of the AD on U.S. operators is estimated to be $3,686,800, 
or $5,200 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

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:

2004-02-09 McDonnell Douglas: Amendment 39-13444. Docket 2002-NM-82-
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 MD80-24A194, Revision 01, dated March 11, 
2003; 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 internal overheating and arcing of circuit breakers 
and airplane wiring due to long-term use and breakdown of internal 
components of the circuit breakers, which could result in smoke and 
fire in the flight compartment and main cabin, accomplish the 
following:

Inspection and Replacement, if Necessary

    (a) Within 18 months after the effective date of this AD: 
Perform a one-time general visual inspection of the circuit breakers 
to determine if discrepant circuit breakers are installed (includes 
circuit breakers

[[Page 4450]]

manufactured by Wood Electric and Wood Electric Division of 
Brumfield Potter Corporations, and incorrect circuit breakers 
installed per Boeing Alert Service Bulletin MD80-24A194, dated 
February 19, 2002), per Boeing Alert Service Bulletin MD80-24A194, 
Revision 01, dated March 11, 2003.

    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 discrepant circuit breaker is found: No further action 
is required by this paragraph.
    (2) If any discrepant circuit breaker is found: Before further 
flight, replace the circuit breaker with a new, approved circuit 
breaker, per the service bulletin.

Part Installation

    (b) As of the effective date of this AD, no person shall 
install, on any airplane, a circuit breaker having a part number 
listed in the ``Existing Part Number'' column in the table specified 
in paragraph 2.C.2. of Boeing Alert Service Bulletin MD80-24A194, 
Revision 01, dated March 11, 2003.

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 Permit

    (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) The actions shall be done in accordance with Boeing Alert 
Service Bulletin MD80-24A194, Revision 01, dated March 11, 2003. 
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 5, 2004.


    Issued in Renton, Washington, on January 20, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-1913 Filed 1-29-04; 8:45 am]
BILLING CODE 4910-13-P