[Federal Register Volume 69, Number 45 (Monday, March 8, 2004)]
[Proposed Rules]
[Pages 10638-10640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5073]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-194-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model MD-90-30 
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 
MD-90-30 airplanes. This proposal would require repetitive inspections 
and functional tests of the static port heater assemblies, an 
inspection of the static port heaters and insulators, and corrective 
actions if necessary. This action is necessary to prevent an electrical 
short of the static port heater from sparking and igniting the 
insulation blanket adjacent to the static port heater, which could 
result in smoke and/or fire in the cabin area. This action is intended 
to address the identified unsafe condition.

DATES: Comments must be received by April 22, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-194-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. 2003-NM-194-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 Airplanes, 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

[[Page 10639]]

Avenue, SW., Renton, Washington; or at the FAA, Los Angeles Aircraft 
Certification Office, 3960 Paramount Boulevard, Lakewood, California.

FOR FURTHER INFORMATION CONTACT: Elvin 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: 

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:
     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.
     For each issue, state what specific change to 
the proposed AD is being requested.
     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 2003-NM-194-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. 2003-NM-194-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    As part of its practice of re-examining all aspects of the service 
experience of a particular aircraft whenever an accident occurs, the 
FAA has received the results of studies, done by Boeing, on the wiring 
of the static port heaters found on McDonnell Douglas Model MD-90-30 
airplanes, as well as on Model DC-9-10, -20, -30, -40, and -50 series 
airplanes; Model DC-9-81, -82, -83, and -87 airplanes; and Model MD-88 
airplanes. The results revealed that the wiring of the static port 
heater assembly may be damaged. This condition, if not corrected, could 
result in an electrical short of the static port heater and consequent 
sparking and ignition of the insulation blanket adjacent to the static 
port heater, which could result in smoke and/or fire in the cabin area.
    The static port heater on McDonnell Douglas Model DC-9-10, -20, -
30, -40, and -50 series airplanes; Model DC-9-81, -82, -83, and -87 
airplanes; and Model MD-88 airplanes are identical to those on the 
affected Model MD-90-30 airplanes. Therefore, all of these models are 
subject to the same unsafe condition.

Other Related Rulemaking

    The FAA is planning to address the identified unsafe condition of 
McDonnell Douglas Model DC-9-10, -20, -30, -40, and -50 series 
airplanes; Model DC-9-81, -82, -83, and -87 airplanes; and Model MD-88 
airplanes in a separate rulemaking action.
    The FAA, in conjunction with Boeing and operators of Model MD-90-30 
airplanes, has reviewed all aspects of the service history of those 
airplanes to identify potential unsafe conditions and to take 
appropriate corrective actions. This proposed airworthiness directive 
(AD) is one of a series of corrective actions identified during that 
process. We have previously issued several other ADs and may consider 
further rulemaking actions to address the remaining identified unsafe 
conditions.
    On May 16, 2001, the FAA issued AD 2001-10-11, amendment 39-12237 
(66 FR 28651, May 24, 2001), applicable to certain McDonnell Douglas 
Model MD-90-30 series airplanes, to require an inspection of the wiring 
of the primary and alternate static port heaters for chafing, loose 
connections, and evidence of arcing, and to determine what type of 
insulation blanket is installed in the area of the static port heaters; 
and corrective actions, if necessary. That action was prompted by an 
in-flight incident of smoke in the cabin on a McDonnell Douglas Model 
MD-88 airplane. The requirements of that AD are intended to ensure that 
insulation blankets constructed of metallized MylarTM are 
removed or protected from the area of the static port heater. This 
proposed AD does not affect the requirements of AD 2001-10-11.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Service Bulletin MD90-30-
026, dated February 15, 2002, which describes procedures for a general 
visual inspection of the left and right primary and alternate static 
port heater assemblies for wire damage; a functional test of the left 
and right primary and alternate static port heater assemblies; and 
replacement of the static port heater assembly with a new or 
serviceable static port heater assembly. Accomplishment of the actions 
specified in the service bulletin is intended to adequately address the 
identified unsafe condition.

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 service bulletin described previously, except as described below.

Differences Between Service Bulletin and Proposed AD

    Operators should note that while the service bulletin specifies a 
one-time general visual inspection and functional test of the left and 
right primary and alternate static port heater assemblies, this 
proposed AD would also require repeating the general visual inspection 
and functional test of the left and right primary and alternate static 
port heater assemblies every 48 months. In developing an appropriate 
inspection/test times for this AD, we considered the degree of urgency 
associated with the subject unsafe condition, the average utilization 
of the affected fleet, and the time necessary to perform the inspection 
(1 hour). In light of all of these factors, we find that a repetitive 
interval of 48 months represents an appropriate interval of time for 
affected airplanes to continue to operate without compromising safety.
    In addition to the actions specified in the service bulletin, this 
proposed AD would require a general visual inspection of the left and 
right primary and alternate static port heater and

[[Page 10640]]

insulator for proper installation. The MD-80 Airplane Maintenance 
Manual (AMM) 34-11-00 previously contained incorrect information for 
stacking of the heater and insulator. Boeing has since revised the AMM 
to correct the error and has informed operators of the error. One 
operator investigated and found several heaters that were incorrectly 
stacked. An incorrectly stacked heater will cause higher than normal 
operating temperature locally in the blanket, which would lead to 
quicker deterioration and aging of the rubber, causing it to crack and 
lead to electrical shorting or arcing. To detect and correct this 
condition on the Model MD-90-30 airplanes, we added the inspection for 
proper installation, per the MD-90 AMM 30-32-00, to the proposed AD.
    The additional actions have been coordinated and concurred with by 
the manufacturer.

Cost Impact

    There are approximately 116 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 22 airplanes of U.S. registry 
would be affected by this proposed AD.
    It would take approximately 1 work hour per airplane to accomplish 
the proposed general visual inspection for wire damage and functional 
test, at an average labor rate of $65 per work hour. Based on these 
figures, the cost impact of the proposed inspection for wire damage and 
functional test on U.S. operators is estimated to be $1,430, or $65 per 
airplane, per inspection cycle.
    It would also take approximately 1 work hour per airplane to 
accomplish the proposed general visual inspection for proper 
installation, at an average labor rate of $65 per work hour. Based on 
these figures, the cost impact of the proposed inspection for proper 
installation on U.S. operators is estimated to be $1,430, or $65 per 
airplane.
    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 2003-NM-194-AD.

    Applicability: Model MD-90-30 airplanes, as listed in Boeing 
Service Bulletin MD90-30-026, dated February 15, 2002; certificated 
in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent an electrical short of the static port heater from 
sparking and igniting the insulation blanket adjacent to the static 
port heater, which could result in smoke and/or fire in the cabin 
area, accomplish the following:

Service Bulletin References

    (a) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of Boeing Service Bulletin MD90-30-026, 
dated February 15, 2002.

Inspection and Functional Test

    (b) Within 18 months after the effective date of this AD, do the 
actions in paragraphs (b)(1) and (b)(2) of this AD. Repeat the 
actions in paragraph (b)(1) of this AD thereafter at intervals not 
to exceed 48 months.
    (1) Perform a general visual inspection of the left and right 
primary and alternate static port heater assemblies for wire damage; 
and perform a functional test of the left and right primary and 
alternate static port heater assemblies; in accordance with the 
service bulletin.

    Note 1: 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.''

    (2) Perform a general visual inspection of the left and right 
primary and alternate static port heater and insulator for proper 
installation per Airplane Maintenance Manual (AMM) 30-32-00. Before 
further flight, correct any improper installation per AMM 30-32-00.

Wire Damage or Heater Failures

    (c) If wire damage is found and/or the heater assembly fails the 
functional test, during the general visual inspection and functional 
test required by paragraph (b)(1) of this AD: Before further flight, 
replace the damaged or inoperative static port heater assembly with 
a new or serviceable static port heater assembly in accordance with 
the service bulletin.

Alternative Methods of Compliance

    (d) 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 March 1, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-5073 Filed 3-5-04; 8:45 am]
BILLING CODE 4910-13-P