[Federal Register Volume 69, Number 145 (Thursday, July 29, 2004)]
[Rules and Regulations]
[Pages 45239-45241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16916]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-215-AD; Amendment 39-13747; AD 2004-15-13]
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: 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 Model MD-88 airplanes, 
that requires 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: Effective September 2, 2004.
    The incorporation by reference of a certain publication listed in 
the regulations is approved by the Director of the Federal Register as 
of September 2, 2004.

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 National 
Archives

[[Page 45240]]

and Records Administration (NARA). For information on the availability 
of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

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: 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 
Model MD-88 airplanes was published in the Federal Register on December 
5, 2003 (68 FR 67978). That action proposed to 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.

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.

Request for Credit for Actions Accomplished per Alternative Service 
Bulletin

    One commenter requests that the FAA give credit for actions 
accomplished in accordance with McDonnell Douglas MD-80 Service 
Bulletin 38-56, dated September 20, 1991. The commenter states that the 
McDonnell Douglas service bulletin refers to Jamco Corporation Service 
Bulletin MD080-25-829 as an additional source of service information 
for ``instructions to replace the modular lavatory potable water supply 
hose and ribbon heater.''
    We agree, since we find that both Boeing Alert Service Bulletin 
MD80-25A381, dated August 5, 2002; and McDonnell Douglas MD-80 Service 
Bulletin 38-56, dated September 20, 1991, as revised by McDonnell 
Douglas MD-80 Service Bulletin Change Notification 38-56 CN1, dated 
June 11, 1992; refer to Jamco Corporation Service Bulletin MD080-25-829 
as an additional source of service information for instructions on 
replacing the existing freeze protection ribbon heater in the lavatory 
water supply system with a new, reidentified heater hose assembly. 
Therefore, we have determined that completion of all the steps in the 
Accomplishment Instructions of McDonnell Douglas MD-80 Service Bulletin 
38-56, dated September 20, 1991, is acceptable for compliance with the 
corresponding actions specified in paragraph (a)(1) of this final rule. 
We have added new paragraph (b) to this final rule to give credit for 
accomplishment of the alternative service bulletin.

Request To Use Latest Revision of Jamco Service Bulletin

    Another commenter requests that we revise the proposed AD to 
reference Revision 6 of Jamco Corporation Service Bulletin MD080-25-829 
as an additional source of service information. The commenter states 
that Revision 6 is ``in the approval cycle,'' and that if it is 
approved ''. . . and the AD restates the version of the Jamco service 
bulletin, there will be a problem.'' The commenter provided no 
justification for the request.
    We agree with the commenter's request to reference Jamco 
Corporation Service Bulletin MD080-25-829, Revision 6, dated March 10, 
2003. We find that Revision 6 of the Jamco service bulletin describes 
procedures that are essentially the same as the procedures described in 
Revision 5 of the Jamco service bulletin. Therefore, we have revised 
Note 1 of this final rule to reference Revision 6 of the Jamco service 
bulletin as an additional source of service information.

Explanation of Change to Proposed Rule

    In Note 1 of the proposed AD, we inadvertently omitted the revision 
level for Jamco Corporation Service Bulletin MD080-25-829. We have 
revised this final rule to specify Revision 6.

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

                                              Table 1.--Cost Impact
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                                    Work hours
              Action                    per        Parts cost per      Cost per  lavatory        Total cost
                                     lavatory         lavatory
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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                   lavatory module       lavatory module       (Depending on
 assembly; and flush, clean, and                 configuration).       configuration).       lavatory
 sterilize the potable water                                                                 configuration) or
 system; or                                                                                  $8,202 to $10,794
                                                                                             per airpalne.
Disconnect, coil, and stow the               2  $0..................  $130................  $282,360 or $390 per
 wiring of the freeze protection                                                             airpalne.
 ribbon heater; or
Remove the freeze protection                 3  $0..................  $195................  $423,540 or $585 per
 ribbon heater                                                                               airpalne.
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[[Page 45241]]

    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 adding the following new airworthiness 
directive:

2004-15-13 McDonnell Douglas: Amendment 39-13747. 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, Revision 6, dated 
March 10, 2003, 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.

Credit for Actions Accomplished per Alternative Service Bulletin

    (b) Actions accomplished before the effective date of this AD 
per McDonnell Douglas MD-80 Service Bulletin 38-56, dated September 
20, 1991, as revised by McDonnell Douglas MD-80 Service Bulletin 
Change Notification 38-56 CN1, dated June 11, 1992, are acceptable 
for compliance with the requirements of paragraph (a)(1) of this AD.

Alternative Methods of Compliance

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

Incorporation by Reference

    (d) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Boeing Alert Service Bulletin MD80-25A381, 
dated August 5, 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 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 
National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call (202) 741-6030, 
or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Effective Date

    (e) This amendment becomes effective on September 2, 2004.

    Issued in Renton, Washington, on July 15, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-16916 Filed 7-28-04; 8:45 am]
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