[Federal Register Volume 70, Number 8 (Wednesday, January 12, 2005)]
[Proposed Rules]
[Pages 2066-2067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-613]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-168-AD]
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 MD-88 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Proposed rule; withdrawal.

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SUMMARY: This action withdraws a notice of proposed rulemaking (NPRM) 
that proposed 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 MD-88 airplanes. That action would have 
required installing shield assemblies for power feeder cables in the 
forward and aft lower cargo compartments, and installing an additional 
shield for the power feeder cable of the auxiliary power unit in the 
aft lower cargo compartment. Since the issuance of the NPRM, the 
Federal Aviation Administration (FAA) has determined that the proposed 
requirements are included in the requirements of another existing AD; 
the NPRM does not contain any new requirements beyond those of the 
existing AD. Accordingly, the proposed rule is withdrawn.

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) to add 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 MD-88 
airplanes; was published in the Federal Register as a notice of 
proposed rulemaking (NPRM) on October 30, 2003 (68 FR

[[Page 2067]]

61772). The proposed rule would have required installing shield 
assemblies for power feeder cables in the forward and aft lower cargo 
compartments, and installing an additional shield for the power feeder 
cable of the auxiliary power unit in the aft lower cargo compartment. 
That action was prompted by several incidents of migration of power 
feeder cable troughs on McDonnell Douglas 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. The 
proposed actions were intended to prevent a cable from chafing against 
an edge of a lightening hole, which could result in electrical arcing, 
and consequent smoke/fire in the lower cargo compartments.

Response to Comments

    We have considered the comments that have been submitted on the 
proposed AD. One commenter points out that an existing AD, AD 94-09-02, 
amendment 39-8890 (59 FR 18720, April 20, 1994), currently requires 
accomplishment of the original issue of Boeing Service Bulletin MD80-
24-100. The commenter further states that all affected airplanes listed 
in Revision 04 of that service bulletin (referenced as the appropriate 
source of service information in the proposed rule) were affected by 
the previous revisions of that service bulletin, and that the proposed 
rule contains no new requirements beyond those required by the existing 
AD.
    We agree. We have determined that the requirements of the proposed 
rule are included in the requirements of another existing AD. The 
existing AD, AD 94-09-02, is applicable to certain McDonnell Douglas 
Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), and DC-9-87 
(MD-87) series airplanes; and Model MD-88 airplanes; as listed in 
McDonnell Douglas MD-80 Service Bulletin 24-94, Revision 1, dated May 
28, 1987, and McDonnell Douglas Model MD-80 Service Bulletin 24-100, 
dated March 30, 1988. That AD requires an inspection to detect damage 
of the auxiliary power unit (APU) power feeder cable installation, 
repair of damaged cables, modification of the cable installation, and 
an inspection of previously modified airplanes to determine whether a 
spacer or ``stand off'' has been installed, and installation of those 
items, if necessary. That action was prompted by reports of generator 
power feeder cables electrically shorting to the airplane structure due 
to chafing. The requirements of that AD are intended to prevent the APU 
power feeder cable from chafing against adjacent structures, which 
could result in electrical shorting and arcing, and a fire below the 
cabin floor.
    Additionally, AD 94-09-02 references McDonnell Douglas MD-80 
Service Bulletin 24-100, dated March 30, 1988, as the appropriate 
source of service information for accomplishing the modification. The 
proposed rule references McDonnell Douglas Alert Service Bulletin MD80-
24A100, Revision 04, dated January 24, 2000, as the appropriate source 
of service information for accomplishing the modification (installing 
shield assemblies for power feeder cables). Revision 04 was issued 
merely to elevate the service bulletin to the ``alert'' status and to 
reference AD 94-09-02; no additional work is required. All airplanes 
affected by Revision 04 are also affected by the previous revisions of 
the service bulletin.
    The proposed rule does not contain any new requirements beyond 
those required by AD 94-09-02. Accomplishment of the requirements of AD 
94-09-02 adequately addresses the identified unsafe condition.

FAA's Conclusions

    Upon further consideration, the FAA has determined that the 
proposed requirements are included in the requirements of another 
existing AD; the proposed rule does not contain any new requirements 
beyond those of the existing AD. Accordingly, the proposed rule is 
hereby withdrawn.
    Withdrawal of this NPRM constitutes only such action, and does not 
preclude the agency from issuing another action in the future, nor does 
it commit the agency to any course of action in the future.

Regulatory Impact

    Since this action only withdraws a notice of proposed rulemaking, 
it is neither a proposed nor a final rule and therefore is not covered 
under Executive Order 12866, the Regulatory Flexibility Act, or DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979).

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Withdrawal

    Accordingly, the notice of proposed rulemaking, Docket 2000-NM-168-
AD, published in the Federal Register on October 30, 2003 (68 FR 
61772), is withdrawn.

    Issued in Renton, Washington, on January 3, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-613 Filed 1-11-05; 8:45 am]
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