[Federal Register Volume 69, Number 219 (Monday, November 15, 2004)]
[Rules and Regulations]
[Pages 65531-65533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24932]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-169-AD; Amendment 39-13860; AD 2004-23-05]
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 airplanes, that requires 
reversing the ground stud installation of the main battery, and 
installing a new nameplate on the cover of the battery. This action is 
necessary to prevent damage to equipment or possible fire in the 
electrical/electronics equipment compartment due to electrical arcing 
between the ground stud of the main battery and adjacent structure. 
This action is intended to address the identified unsafe condition.

DATES: Effective December 20, 2004.
    The incorporation by reference of a certain publication listed in 
the regulations is approved by the Director of the Federal Register as 
of December 20, 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 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: 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: 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 
airplanes was published in the Federal Register on June 18, 2003 (68 FR 
36518). That action proposed to require reversing the ground stud 
installation of the main battery, and installing a new nameplate on the 
cover of the battery.

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.

Support for Proposed AD

    One commenter supports the proposed AD.

Request To Allow Equivalent Nameplates

    One commenter requests that we allow operators to use equivalent 
nameplates in lieu of the original equipment manufacturer (OEM) 
nameplates. The commenter states that, in an effort to reduce costs, 
many operators manufacture equivalent nameplates with identical 
information, which they install at the location(s) specified in the 
applicable service bulletin(s) referenced in the proposed AD.

[[Page 65532]]

    We acknowledge the operator's desire to minimize cost; however, we 
do not consider it appropriate to include various provisions in an AD 
to accommodate individual operators' unique methods for complying with 
the AD. However, according to paragraph (c) of this AD, operators may 
request to use a unique nameplate as an alternative method of 
compliance. We have not changed this final rule regarding this issue.

Request To Revise the Cost Impact Figures

    The same commenter states that, while the proposed AD specifies two 
work hours for the proposed actions, the referenced service bulletin 
specifies three work hours for those actions. The commenter asserts 
that the figure specified in the referenced service bulletin more 
accurately reflects the time necessary to accomplish those actions.
    From this comment, we infer that the commenter is requesting that 
we revise the Cost Impact section of the proposed AD. We do not agree. 
As stated in the preamble of the proposed AD, the cost impact figures 
discussed in AD rulemaking actions represent only the time necessary to 
perform the specific actions actually required by the AD. Those 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. The work-hour figure listed in the referenced 
service bulletin includes time for access and close up. However, as we 
explain below, we have revised the labor rate used in the proposed AD.

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 change previously 
described. The FAA has determined that this change will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Labor Rate Increase

    After the proposed AD was issued, we reviewed the figures we have 
used over the past several years to calculate AD costs to operators. To 
account for various inflationary costs in the airline industry, we find 
it necessary to increase the labor rate used in these calculations from 
$60 per work hour to $65 per work hour. The cost impact information, 
below, reflects this increase in the specified hourly labor rate.

Cost Impact

    There are approximately 1,224 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 of the 
affected design in the worldwide fleet. The FAA estimates that 600 
airplanes of U.S. registry will be affected by this AD, that it will 
take approximately 2 work hours per airplane to accomplish the required 
actions, and that the average labor rate is $65 per work hour. Required 
parts will cost approximately $38 per airplane. Based on these figures, 
the cost impact of the AD on U.S. operators is estimated to be 
$100,800, or $168 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. The manufacturer may cover the cost of parts 
associated with this proposed AD, subject to warranty conditions. 
Manufacturer warranty remedies also may be available for labor costs 
associated with this proposed AD. As a result, the costs attributable 
to the proposed AD may be less than stated above.

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:

2004-23-05 McDonnell Douglas: Amendment 39-13860. Docket 2000-NM-
169-AD.

    Applicability: 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, as listed in 
McDonnell Douglas Alert Service Bulletin MD80-24A159, Revision 01, 
dated January 24, 2000; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent damage to equipment or possible fire in the 
electrical/electronics equipment compartment due to electrical 
arcing between the ground stud of the main battery and adjacent 
structure; accomplish the following:

Required Actions

    (a) Within 1 year after the effective date of this AD, reverse 
the installation of the ground stud for the main battery and install 
a new nameplate on the cover of the battery; in accordance with 
McDonnell Douglas Alert Service Bulletin MD80-24A159, Revision 01, 
dated January 24, 2000.

Credit for Previously Accomplished Actions

    (b) Accomplishment of the actions specified in paragraph (a) of 
this AD before the effective date of this AD, in accordance with 
McDonnell Douglas Service Bulletin MD80-24A159, dated March 15, 
1996, is considered to be an acceptable method of compliance with 
paragraph (a) 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 for this AD.

[[Page 65533]]

Incorporation by Reference

    (d) The actions shall be done in accordance with McDonnell 
Douglas Alert Service Bulletin MD80-24A159, Revision 01, dated 
January 24, 2000. 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 December 20, 2004.

    Issued in Renton, Washington, on November 1, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-24932 Filed 11-12-04; 8:45 am]
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