[Federal Register Volume 70, Number 23 (Friday, February 4, 2005)]
[Rules and Regulations]
[Pages 5920-5923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1931]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20250; Directorate Identifier 2003-NM-267-AD; 
Amendment 39-13961; AD 2005-03-05]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model MD-90-30 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is revising an existing airworthiness directive (AD), 
which applies to certain McDonnell Douglas Model MD-90-30 airplanes. 
This AD requires a one-time general visual inspection to detect wire 
chafing damage and to determine adequate clearance between the 
disconnect panel structure and the wires above the aft left lavatory; 
and corrective actions, if necessary. This new AD revises the 
applicability of the existing AD. This AD is prompted by the 
determination that certain airplanes unaffected by the existing AD are 
subject to the unsafe condition, and certain other airplanes should be 
removed from the applicability. We are issuing this AD to prevent 
damage to certain wires due to contact between the wires and the 
adjacent structure, which could result in electrical arcing and 
consequent smoke and fire in the cabin.

DATES: Effective February 22, 2005.
    The incorporation by reference of a certain publication listed in 
the AD is approved by the Director of the Federal Register as of 
February 22, 2005.
    We must receive comments on this AD by April 5, 2005.

[[Page 5921]]


ADDRESSES: Use one of the following addresses to submit comments on 
this 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 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 this information 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.
    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. This 
docket number is FAA-2005-20250; the directorate identifier for this 
docket is 2003-NM-267-AD.

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 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.

FOR FURTHER INFORMATION CONTACT: George Y. Mabuni, Senior Aerospace 
Engineer, Systems and Equipment Branch, ANM-130L, FAA, Los Angeles 
Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, 
California 90712-4137; telephone (562) 627-5341; fax (562) 627-5210.

SUPPLEMENTARY INFORMATION: On February 14, 2003, we issued AD 2003-04-
10, amendment 39-13058 (68 FR 9513, February 28, 2003), for certain 
McDonnell Douglas Model MD-90-30 airplanes. That AD requires a one-time 
general visual inspection to find wire chafing damage and to determine 
adequate clearance between the disconnect panel structure and the wires 
above the aft left lavatory; and corrective actions, if necessary. That 
AD was prompted by a report of uncommanded deployment of cabin oxygen 
masks due to chafing of certain wires. We issued that AD to prevent 
damage to certain wires due to contact between the wires and the 
adjacent structure, which could result in electrical arcing and 
consequent smoke and fire in the cabin.

Actions Since Existing AD Was Issued

    Since we issued AD 2003-04-10, Boeing has revised relevant service 
information to change the effectivity, as explained in the following 
section.

Relevant Service Information

    AD 2003-04-10 requires accomplishing the actions specified in 
Boeing Alert Service Bulletin MD90-24A074, Revision 1, dated August 8, 
2001. The manufacturer has since issued Revision 02, dated June 3, 
2003. Revision 02 revises the effectivity by adding certain airplanes 
and removing others. The procedures have not changed. Accomplishing the 
actions specified in the service information is intended to adequately 
address the unsafe condition.

FAA's Determination and Requirements of the AD

    We have evaluated all pertinent information, identified an unsafe 
condition that is likely to exist or develop on other products of this 
same type design, and determined that it is necessary to revise AD 
2003-04-10. This new AD retains the requirements of AD 2003-04-10. This 
new AD revises the applicability by removing certain airplanes and 
adding other airplanes.
    This AD requires using the revised service information described 
previously to perform these actions, except as discussed under 
``Differences Between the AD and the Service Bulletin.''

Differences Between the AD and the Service Bulletin

    The service bulletin specifies a compliance time of 120 days after 
the issue date of Revision 1 of the service bulletin (August 8, 2001). 
For those airplanes newly added to the applicability in this AD, we 
have provided a compliance time of 6 months after the effective date of 
the AD to avoid potentially grounding those airplanes.

Costs of Compliance

    There are about 89 airplanes of the affected design worldwide. The 
following table provides the estimated costs for U.S. operators to 
comply with this AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                           Number of
                                                Average                        Cost per      U.S.-
             Action               Work hours  labor rate         Parts         airplane   registered  Fleet cost
                                               per hour                                    airplanes
----------------------------------------------------------------------------------------------------------------
Inspection......................           1         $65  None required.....         $65          21      $1,365
----------------------------------------------------------------------------------------------------------------

    The airplanes that are newly added to the applicability of this AD 
are currently operated by non-U.S. operators under foreign registry; 
therefore, those airplanes are not directly affected by this AD. If a 
newly affected airplane is imported and placed on the U.S. Register in 
the future, the costs provided in the above table would apply.

FAA's Determination of the Effective Date

    For U.S.-registered airplanes, the changes in this new AD provide 
relief from the requirements of AD 2003-04-10, and none of the newly 
added airplanes is on the U.S. Register. Therefore, providing notice 
and opportunity for public comment is unnecessary before this AD is 
issued, and this AD may be made effective in less than 30 days after it 
is published in the Federal Register.

[[Page 5922]]

Comments Invited

    Although this is a final rule that was not preceded by notice and 
an opportunity for public comment, we invite you to submit any relevant 
written data, views, or arguments regarding this AD. Send your comments 
to an address listed under ADDRESSES. Include ``Docket No. FAA-2005-
20250; Directorate Identifier 2003-NM-267-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD. We will consider 
all comments received by the closing date and may amend the 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 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.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. 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.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA 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 
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that the 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 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The FAA amends Sec.  39.13 by adding the following new AD:

2005-03-05 McDonnell Douglas: Amendment 39-13961. Docket No. FAA-
2005-20250; Directorate Identifier 2003-NM-267-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective February 
22, 2005.

Affected ADs

    (b) This AD revises AD 2003-04-10, amendment 39-13058 (68 FR 
9513, February 28, 2003).

Applicability

    (c) This AD applies to McDonnell Douglas Model MD-90-30 
airplanes, certificated in any category, as listed in Boeing Alert 
Service Bulletin MD90-24A074, Revision 02, dated June 3, 2003.

Unsafe Condition

    (d) This AD was prompted by our determination that certain 
airplanes unaffected by AD 2003-04-10, amendment 39-13058, are 
subject to the unsafe condition, and certain other airplanes should 
be removed from the applicability of that AD. We are issuing this AD 
to prevent damage to certain wires due to contact between the wires 
and the adjacent structure, which could result in electrical arcing 
and consequent smoke and fire in the cabin.

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.

One-time Inspection/Corrective Actions

    (f) At the applicable time specified in paragraph (f)(1) or 
(f)(2) of this AD: Do a one-time general visual inspection to find 
wire chafing damage and to determine adequate clearance between the 
disconnect panel structure and the wires above the aft left 
lavatory, in accordance with the Accomplishment Instructions of 
Boeing Alert Service Bulletin MD90-24A074, Revision 02, dated June 
3, 2003. If no damage is found and the clearance is adequate, no 
further action is required by this AD.

    Note 1: For the purposes of this AD, a general visual inspection 
is: ``A visual examination of an 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 normally available lighting 
conditions such as daylight, hangar lighting, flashlight, or 
droplight 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.''

    (1) For airplanes listed in Boeing Alert Service Bulletin MD90-
24A074, Revision 1, dated August 8, 2001: Inspect within 12 months 
after April 4, 2003 (the effective date of AD 2003-04-10).
    (2) For airplanes not identified in paragraph (f)(1) of this AD: 
Inspect within 6 months after the effective date of this AD.
    (g) Based on the findings of the inspection required by 
paragraph (f) of this AD, do the applicable actions specified in 
paragraph (g)(1) or (g)(2) of this AD before further flight in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin MD90-24A074, Revision 02, dated June 3, 2003.
    (1) If no damage is found, but the clearance is inadequate: 
Secure the wires using tie-wraps to obtain 0.50-inch minimum 
clearance.
    (2) If damage and/or inadequate clearance is found: Repair 
damaged wires, replace damaged wires with new wires, and/or secure 
the wires using tie-wraps to obtain 0.50-inch minimum clearance.
    (h) An inspection and corrective actions are also acceptable for 
compliance with the requirements of paragraphs (f) and (g) of this 
AD, if done as specified in paragraph (h)(1) or (h)(2) of this AD, 
as applicable.
    (1) Boeing Alert Service Bulletin MD90-24A074, dated May 14, 
2001, done before April 4, 2003.
    (2) Boeing Alert Service Bulletin MD90-24A074, Revision 01, 
dated August 8, 2001, done before the effective date of this AD.

[[Page 5923]]

Alternative Methods of Compliance (AMOCs)

    (i) The Manager, Los Angeles 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.

Material Incorporated by Reference

    (j) You must use Boeing Alert Service Bulletin MD90-24A074, 
excluding Appendix, Revision 02, dated June 3, 2003, to perform the 
actions that are required by this AD, unless the AD specifies 
otherwise. The Director of the Federal Register approved the 
incorporation by reference of this document in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. For copies of the service 
information, 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 review copies at the Docket Management Facility office, U.S. 
Department of Transportation, 400 Seventh Street SW., room PL-401, 
Nassif Building, Washington, DC; 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.

    Issued in Renton, Washington, on January 26, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-1931 Filed 2-3-05; 8:45 am]
BILLING CODE 4910-13-P