[Federal Register Volume 69, Number 62 (Wednesday, March 31, 2004)]
[Rules and Regulations]
[Pages 16783-16784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6956]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-58-AD; Amendment 39-13548; AD 2004-07-04]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-14, DC-9-
15, DC-9-15F, DC-9-31, DC-9-32, DC-9-32 (VC-9C), DC-9-32F, DC-9-32F (C-
9A, C-9B), DC-9-33F, DC-9-34, and DC-9-34F Airplanes; and Model DC-9-
21, DC-9-41, and DC-9-51 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to certain McDonnell Douglas Model DC-9 series 
airplanes, that currently requires replacing the transformer ballast 
assembly in the pilot's console with a new, improved ballast assembly. 
This amendment expands the applicability of the existing AD to include 
additional airplanes and provides an optional method for accomplishing 
the requirements of the existing AD. The actions specified by this AD 
are intended to prevent overheating of the ballast transformers due to 
aging fluorescent tubes that cause a higher power demand on the ballast 
transformers, which could result in smoke in the cockpit. This action 
is intended to address the identified unsafe condition.

DATES: Effective May 5, 2004.
    The incorporation by reference of a certain publication, as listed 
in the regulations, is approved by the Director of the Federal Register 
as of May 5, 2004.
    The incorporation by reference of a certain other publication, as 
listed in the regulations, was approved previously by the Director of 
the Federal Register as of February 8, 2002 (67 FR 497, January 4, 
2002).

ADDRESSES: The service information referenced in this AD 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 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) by superseding AD 2001-26-24, 
amendment 39-12590 (67 FR 497, January 4, 2002), which is applicable to 
certain McDonnell Douglas Model DC-9 series airplanes, was published in 
the Federal Register on December 8, 2003 (68 FR 68304). The action 
proposed to continue to require replacing the transformer ballast 
assembly in the pilot's console with a new, improved ballast assembly. 
The action also proposed to expand the applicability of the existing AD 
to include additional airplanes. In addition, the action proposed to 
provide an optional method for accomplishing the requirements of the 
existing AD.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal or the FAA's determination of the cost to the public.

Explanation of Change to Proposed AD

    The FAA has revised the applicability of the proposed AD to specify 
certain model designations (Model DC-9-21, -41, and -51) as published 
in the most recent type certificate data sheet for the affected models. 
These model designations are identical to those specified in the 
referenced service bulletin.
    We have also revised the applicability of the proposed AD to 
correct a typographical error that resulted in a duplicate reference to 
Model DC-9-33F instead of Model DC-9-32F. We intended the applicability 
of the proposed AD to include the same Model airplanes as those listed 
in Boeing Alert Service Bulletin DC9-33A114, Revision 03, dated January 
16, 2003, which was cited in the applicability statement of the 
proposed AD for determining the specific affected airplanes. Therefore, 
we have revised references to the applicability throughout the final 
rule to include Model DC-9-32F airplanes.

Conclusion

    After careful review of the available data, the FAA has determined 
that air safety and the public interest require the adoption of the 
rule with the changes previously described. The FAA has 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 575 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 477 airplanes of U.S. registry 
will be affected by this AD.
    The replacement that is currently required by AD 2001-26-24 and 
provided as an option in this AD takes approximately 1 work hour per 
airplane to accomplish, at an average labor rate of $65 per work hour. 
Required parts cost approximately between $1,379 and $1,860 per 
airplane. Based on these figures, the cost impact of the replacement on 
U.S. operators is estimated to be between $688,788 and $918,225, or 
between $1,444 and $1,925 per airplane.
    The new optional modification that is provided by this AD will take 
approximately 2 work hours per airplane to accomplish, at an average

[[Page 16784]]

labor rate of $65 per work hour. Required parts will cost approximately 
$4,472 per airplane. Based on these figures, the cost impact of the new 
optional modification provided by this AD on U.S. operators is 
estimated to be $4,602 per airplane.
    The cost impact figures discussed above are 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 removing amendment 39-12590 (67 FR 497, 
January 4, 2002), and by adding a new airworthiness directive (AD), 
amendment 39-13548, to read as follows:

2004-07-04 McDonnell Douglas: Amendment 39-13548. Docket 2003-NM-58-
AD. Supersedes AD 2001-26-24, Amendment 39-12590.

    Applicability: Model DC-9-14, DC-9-15, DC-9-15F, DC-9-31, DC-9-
32, DC-9-32 (VC-9C), DC-9-32F, DC-9-32F (C-9A, C-9B), DC-9-33F, DC-
9-34, and DC-9-34F airplanes; and Model DC-9-21, DC-9-41, and DC-9-
51 series airplanes; as listed in Boeing Alert Service Bulletin DC9-
33A114, Revision 03, dated January 16, 2003; certificated in any 
category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent overheating of the ballast transformers due to aging 
fluorescent tubes that cause a higher power demand on the ballast 
transformers, which could result in smoke in the cockpit, accomplish 
the following:

Replacement or Modification

    (a) Replace the transformer ballast assembly from the pilot's 
console with a new, improved ballast assembly per the Work 
Instructions in McDonnell Douglas Alert Service Bulletin DC9-33A114, 
Revision 01, dated February 15, 2000; or the Accomplishment 
Instructions in Boeing Alert Service Bulletin DC9-33A114, Revision 
03, dated January 16, 2003; or modify the existing ballast 
transformer assembly per the Accomplishment Instructions in Boeing 
Alert Service Bulletin DC9-33A114, Revision 03, dated January 16, 
2003; at the applicable time specified in paragraph (a)(1) or (a)(2) 
of this AD.

    Note 1: Boeing Alert Service Bulletin DC9-33A114, Revision 03, 
refers to Elektronika, Inc. Product Improvement Service Bulletin 33-
EKA0199-BPC, Revision D, dated November 25, 2002, as an additional 
source of service information for accomplishment of the modification 
of the transformer ballast assembly for McDonnell Douglas Model DC-9 
series airplanes.

    (1) For airplanes listed in McDonnell Douglas Alert Service 
Bulletin DC9-33A114, Revision 01, dated February 15, 2000: Within 12 
months after February 8, 2002 (the effective date of AD 2001-26-24, 
amendment 39-12590).
    (2) For airplanes having fuselage numbers 1039 and 1046: Within 
12 months after the effective date of this AD.

Parts Installation

    (b) As of the effective date of this AD, no person shall install 
a transformer assembly, part number BA170-1, -11, -21, or -MOD.B, on 
any airplane.

Prior Replacements

    (c) Replacements accomplished before the effective date of this 
AD per McDonnell Douglas Alert Service Bulletin DC9-33A114, Revision 
02, dated March 19, 2002, are considered acceptable for compliance 
with the corresponding action specified in this AD.

Alternative Methods of Compliance

    (d)(1) In accordance with 14 CFR 39.19, the Manager, Los Angeles 
Aircraft Certification Office (ACO), FAA, is authorized to approve 
alternative methods of compliance (AMOCs) for this AD.
    (2) Alternative methods of compliance, approved previously per 
AD 2001-26-24, amendment 39-12590, are approved as alternative 
methods of compliance with this AD.

Incorporation by Reference

    (e) Unless otherwise provided in this AD, the actions shall be 
done in accordance with McDonnell Douglas Alert Service Bulletin 
DC9-33A114, Revision 01, dated February 15, 2000; or Boeing Alert 
Service Bulletin DC9-33A114, Revision 03, dated January 16, 2003; as 
applicable.
    (1) The incorporation by reference of Boeing Alert Service 
Bulletin DC9-33A114, Revision 03, dated January 16, 2003, is 
approved by the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51.
    (2) The incorporation by reference of McDonnell Douglas Alert 
Service Bulletin DC9-33A114, Revision 01, dated February 15, 2000, 
was approved previously by the Director of the Federal Register as 
of February 8, 2002 (67 FR 497, January 4, 2002).
    (3) Copies 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). 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 May 5, 2004.

    Issued in Renton, Washington, on March 22, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-6956 Filed 3-30-04; 8:45 am]
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