[Federal Register Volume 69, Number 239 (Tuesday, December 14, 2004)]
[Proposed Rules]
[Pages 74461-74463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27327]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / 
Proposed Rules  

[[Page 74461]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19809; Directorate Identifier 2003-NM-284-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-10 Series 
Airplanes; Model DC-9-20 Series Airplanes; Model DC-9-30 Series 
Airplanes; Model DC-9-40 Series Airplanes; Model DC-9-50 Series 
Airplanes; Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), and 
DC-9-87 (MD-87) Airplanes; and Model MD-88 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede an existing airworthiness 
directive (AD) that applies to certain SAFT America Inc., P/N 021929-
000 (McDonnell Douglas P/N 43B034LB02) and P/N 021904-000 (McDonnell 
Douglas P/N 43B034LB03) nickel cadmium batteries. The existing AD 
currently requires replacing all battery terminal screws, verifying 
that the battery contains design specification cells, and replacing the 
cells if the battery contains non-design specification cells. This 
proposed AD would require an inspection for certain nickel cadmium 
batteries and, if necessary, replacing battery terminal screws with new 
hex head bolts and adding shims. This proposed AD is prompted by a 
report of battery screws shearing off while under normal torque loads. 
We are proposing this AD to prevent internal shorting, arcing, and loss 
of emergency battery power due to failed battery screws, which could 
result in loss of emergency power to electrical flight components or 
other emergency power systems required in the event of loss of the 
aircraft primary power source.

DATES: We must receive comments on this proposed AD by January 28, 
2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood 
Boulevard, Long Beach, California 90846, Attention: Data and Service 
Management, Dept. C1-L5A (D800-0024).
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street, SW., Room PL-
401, on the plaza level of the Nassif Building, Washington, DC.

FOR FURTHER INFORMATION CONTACT:
    Technical information: Daniel Bui, Aerospace Engineer, Systems and 
Equipment Branch, ANM-130L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; 
telephone (562) 627-5339; fax (562) 627-5210.
    Plain language information: Marcia Walters, [email protected].

SUPPLEMENTARY INFORMATION:

Docket Management System (DMS)

    The FAA has implemented new procedures for maintaining AD dockets 
electronically. As of May 17, 2004, new AD actions are posted on DMS 
and assigned a docket number. We track each action and assign a 
corresponding directorate identifier. The DMS AD docket number is in 
the form ``Docket No. FAA-2004-99999.'' The Transport Airplane 
Directorate identifier is in the form ``Directorate Identifier 2004-NM-
999-AD.'' Each DMS AD docket also lists the directorate identifier 
(``Old Docket Number'') as a cross-reference for searching purposes.

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2004-19809; 
Directorate Identifier 2003-NM-284-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments received by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of our 
docket Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You can review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
can visit http://dms.dot.gov.
    We are reviewing the writing style we currently use in regulatory 
documents. We are interested in your comments on whether the style of 
this document is clear, and your suggestions to improve the clarity of 
our communications that affect you. You can get more information about 
plain language at http://www.faa.gov/language and http://www.plainlanguage.gov.

Examining the Docket

    You can examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza

[[Page 74462]]

level of the Nassif Building at the DOT street address stated in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after the DMS receives them.

Discussion

    On September 14, 1998, we issued AD 98-20-17, amendment 39-10784 
(63 FR 50979, September 24, 1998), for certain SAFT America Inc., Part 
Number (P/N) 021929-000 (McDonnell Douglas P/N 43BO34LB02) and P/N 
021904-000 (McDonnell Douglas P/N 43BO34LB03) nickel cadmium batteries 
manufactured prior to December 1997 that are installed on, but not 
limited to McDonnell Douglas Model DC-9 and MD-80 airplanes, all serial 
numbers. (Since the issuance of that AD, we have re-identified certain 
McDonnell Douglas airplane model designations to correlate with the 
most recent type certificate data sheets for the affected models.) That 
AD requires replacing all battery terminal screws, verifying that the 
battery contains design specification cells, and replacing the cells if 
the battery contains non-design specification cells. That AD was 
prompted by an incident where the cell screws on one of the affected 
batteries were exposed to chloride, which caused the heads of some 
fasteners to shear off and eventually resulted in the battery 
exploding. We issued that AD to prevent that type of occurrence, which 
could result in loss of emergency power to electrical flight components 
or other emergency power systems required in the event of loss of the 
aircraft primary power source.

Actions Since Existing AD Was Issued

    Since we issued AD 98-20-17, we have received a report indicating 
that the main airplane battery screws that attach the link to 
individual battery cells were broken on a McDonnell Douglas Model DC-9-
83 (MD-83) airplane. Investigation revealed that the screws failed to 
meet manufacturing quality specifications and resulted in the screw 
heads shearing off while under normal torque loads. We have also 
determined that the SAFT nickel cadmium batteries specified in the 
applicability of AD 98-20-17 are installed only on the McDonnell 
Douglas airplane models specified in the applicability of this NPRM, 
and cannot be installed on any other airplane model.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin (ASB) DC9-24A195, 
dated December 4, 2003. The ASB describes procedures for a visual 
inspection to determine if SAFT batteries having part number (P/N) 
021904-000 (Type 43BO34LB03) or P/N 021929-000 (Type 43BO34LB02) are 
installed in the airplane and an inspection to determine the code date 
of the battery. For battery codes prior to May 2003, the ASB describes 
procedures to modify the batteries. The modification consists of 
replacing the screws in the battery with new hex head bolts and 
installing a shim. Accomplishing the actions specified in the service 
information is intended to adequately address the unsafe condition.
    The ASB refers to SAFT Service Bulletin 01-02, Revision 2, dated 
August 11, 2003, as an additional source of service information for 
accomplishing the modification.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an 
unsafe condition that is likely to exist or develop on other products 
of this same type design. This proposed AD would supersede AD 98-20-17. 
This proposed AD would require accomplishing the actions specified in 
the service bulletin described previously.

Clarification of Applicability

    The Planning Information section of the ASB does not specify Model 
DC-9-11, -12, -13, and -15F airplanes in the effectivity of the ASB. 
The manufacturer has advised us that those certain models are not 
currently in service. Although those models may not currently be in 
service, we have no verification that any of those airplanes could not 
be returned to service at a future date. Therefore, the applicability 
of the proposed AD includes those models.
    Although the Planning Information section of the ASB does include a 
``DC-9-33'' airplane, the proposed AD does not specify that airplane 
model in the applicability. The manufacturer has advised that the 
listing of model was inadvertently included in the ASB. The 
manufacturer plans to issue an Information Notice to remove the ``DC-9-
33'' airplanes from the effectivity of the ASB.

Costs of Compliance

    There are about 1,828 airplanes worldwide of the affected design. 
This proposed AD would affect about 1,087 airplanes of U.S. registry.
    The proposed inspection to determine if certain SAFT batteries are 
installed would take about 1 work hour per airplane, at an average 
labor rate of $65 per work hour. Based on these figures, the estimated 
cost of the new actions specified in this proposed AD for U.S. 
operators is $70,655, or $65 per airplane.

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, section 106 
describes the authority of the FAA administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority.
    This rulemaking is promulgated under the authority described in 
subtitle VII, part A, subpart III, section 44701, ``General 
requirements.'' Under that section, the FAA is charged with promoting 
safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this AD.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify that the 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. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD. See the ADDRESSES section for a location 
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

[[Page 74463]]

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. The FAA amends Sec.  39.13 by removing amendment 39-10784 (63 FR 
50979, September 24, 1998) and adding the following new airworthiness 
directive (AD):

McDonnell Douglas: Docket No. FAA-2004-19809; Directorate Identifier 
2003-NM-284-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this airworthiness directive (AD) action by January 28, 2005.

Affected ADs

    (b) This AD supersedes AD 98-20-17, amendment 39-10784 (63 FR 
50979, September 24, 1998).

Applicability

    (c) This AD applies to McDonnell Douglas Model DC-9-11, DC-9-12, 
DC-9-13, DC-9-14, DC-9-15, and DC-9-15F airplanes; Model DC-9-21 
airplanes; Model DC-9-31, DC-9-32, DC-9-32 (VC-9C), DC-9-32F, DC-9-
33F, DC-9-34, DC-9-34F, and DC-9-32F (C-9A, C-9B) airplanes; Model 
DC-9-41 airplanes; Model DC-9-51 airplanes; Model DC-9-81 (MD-81), 
DC-9-82 (MD-82), DC-9-83 (MD-83), and DC-9-87 (MD-87) airplanes; and 
Model MD-88 airplanes; equipped with SAFT America Inc. nickel 
cadmium batteries having part number (P/N) 021929-000 or P/N 021904-
000 that were manufactured before May 2003; certificated in any 
category.

Unsafe Condition

    (d) This AD was prompted by a report of battery screws shearing 
off while under normal torque loads. We are issuing this AD to 
prevent internal shorting, arcing, and loss of emergency battery 
power due to failed battery screws, which could result in loss of 
emergency power to electrical flight components or other emergency 
power systems required in the event of loss of the aircraft primary 
power source.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Inspection for SAFT Nickel Cadmium Battery

    (f) Within 18 months of the effective date of this AD, perform a 
general visual inspection to determine if a nickel cadmium battery 
having P/N 021904-000 (Type 43BO34LB03) or P/N 021929-000 (Type 
43BO34LB02) is installed, in accordance with Boeing Alert Service 
Bulletin (ASB) DC9-24A195, dated December 4, 2003.
    (1) If neither P/N is installed, no further action is required 
by this paragraph.
    (2) If either P/N is installed, before further flight, inspect 
the battery to determine if the battery code date is before May 
2003, in accordance with the ASB.
    (i) If the battery code is dated May 2003 or later, no further 
action is required by this paragraph.
    (ii) If the battery code is dated before May 2003, before 
further flight, modify the battery in accordance with the ASB.

    Note 1: For the purposes of this AD, a general visual inspection 
is ``a visual examination of a 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 
ensure visual access to all surfaces in the inspection area. This 
level of inspection is made under normal available lighting 
conditions such as daylight, hangar lighting, flashlight or drop-
light 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.''

Parts Installation

    (g) As of the effective date of this AD, no person may install 
on any airplane a SAFT nickel cadmium battery having either P/N 
021904-000 (Type 43B034LB03) or P/N 021929-000 (Type 43BO34LB02), 
unless the battery has been modified in accordance with this AD or 
the battery code is dated May 2003 or later.

Alternative Methods of Compliance (AMOCs)

    (h) The Manager, Los Angles Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.

    Issued in Renton, Washington, on December 1, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-27327 Filed 12-13-04; 8:45 am]
BILLING CODE 4910-13-P