[Federal Register Volume 70, Number 83 (Monday, May 2, 2005)]
[Proposed Rules]
[Pages 22613-22615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8657]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-387-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: Supplemental notice of proposed rulemaking; reopening of 
comment period.

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SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD), applicable to certain McDonnell Douglas airplane 
models, that would have required a one-time inspection for chafing or 
signs of arcing of the wire bundle for the auxiliary hydraulic pump, 
and other specified and corrective actions, as applicable. This new 
action revises the proposed rule by referring to revised procedures for 
performing the corrective and other specified actions. The actions 
specified by this new proposed AD are intended to prevent shorted wires 
or arcing at the auxiliary hydraulic pump, which could result in loss 
of auxiliary hydraulic power, or a fire in the wheel well of the 
airplane. This action is intended to address the identified unsafe 
condition.

DATES: Comments must be received by May 27, 2005.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-387-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2001-NM-387-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 or 2000 or 
ASCII text.
    The service information referenced in the proposed rule 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 FAA, Transport Airplane Directorate, 1601 Lind Avenue, 
SW., Renton, Washington; or at the FAA, Los Angeles Aircraft 
Certification Office, 3960 Paramount Boulevard, Lakewood, California.

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:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the proposed 
AD is being requested.
     Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2001-NM-387-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2001-NM-387-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an 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 as a 
notice of proposed rulemaking (NPRM) in the Federal Register on June 2, 
2003 (68 FR 32693). That NPRM would have required a one-time inspection 
for chafing or signs of arcing of the wire bundle for the auxiliary 
hydraulic pump, follow-on actions, and corrective actions if necessary. 
That NPRM was prompted by reports of shorted wires and evidence of 
arcing on the power cables of the auxiliary hydraulic pump. That 
condition, if not corrected, could result in loss of auxiliary 
hydraulic

[[Page 22614]]

power, or a fire in the wheel well of the airplane.

Actions Since Issuance of Previous Proposal

    Since the issuance of the original NPRM, we have received reports 
that certain operators were unable to accomplish certain corrective and 
other specified actions in accordance with Boeing Alert Service 
Bulletin MD80-29A068, Revision 02, dated November 19, 2002, which the 
original NPRM referred to as the appropriate source of service 
information for the proposed actions in that NPRM. Investigation 
revealed that certain instructions and illustrations in that service 
bulletin were missing or inconsistent.

Explanation of New Relevant Service Information

    Boeing has issued Alert Service Bulletin MD80-29A070, dated August 
3, 2004. This service bulletin states that it supersedes but does not 
cancel the actions specified in Boeing Alert Service Bulletin MD80-
29A068. Boeing Alert Service Bulletin MD80-29A070 corrects part 
numbers, clarifies instructions, revises illustrations, and 
incorporates instructions for additional wiring routing and protection. 
Specifically, that service bulletin describes procedures for doing a 
one-time visual inspection for chafing or signs of arcing of the wire 
bundle for the auxiliary hydraulic pump. The inspection area begins at 
the P1-32 plug and ends at the point of exit at the fuel tank bulkhead. 
The service bulletin also describes procedures for the following 
corrective and other specified actions:
     Repairing chafed or damaged wiring, or replacing it with 
new wiring, as applicable.
     Installing protective sleeving on the wire bundle.
     Changing the routing of the wire bundle for the auxiliary 
hydraulic pump and adding additional clamps.
     Adding snap tubing on a portion of the wire bundle.
     Replacing the existing connector backshell with a 90-
degree backshell, if necessary.
    Doing the actions specified in the service bulletin is intended to 
adequately address the identified unsafe condition.

Clarification of Inspection Terminology

    Boeing Alert Service Bulletin MD80-29A070 specifies visually 
inspecting the wire bundle for the auxiliary hydraulic pump for chafing 
or signs of arcing. This supplemental NPRM refers to this inspection as 
a general visual inspection. Note 1 of this supplemental NPRM defines a 
general visual inspection.

Comments

    We have considered the comments received in response to the 
original NPRM.

Support for the Proposed AD

    One commenter supports the original NPRM.

Request To Revise Cost Impact Estimate

    One commenter states that it expects the cost of accomplishing the 
proposed AD on its 362 affected airplanes to be approximately $198,000, 
or $547 per airplane. Because the commenter's figure is significantly 
higher than the $288-per-airplane cost estimated in the original NPRM, 
we infer that the commenter is requesting that we revise the cost 
impact estimate in this supplemental NPRM.
    We acknowledge the figures submitted by the commenter and note that 
the estimated number of work hours and the parts cost have increased in 
Boeing Alert Service Bulletin MD80-29A070. We have revised the cost 
impact estimate in this supplemental NPRM accordingly. Also, 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 have increased 
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.

Conclusion

    Since certain changes discussed above expand the scope of the 
originally proposed rule, the FAA has determined that it is necessary 
to reopen the comment period to provide additional opportunity for 
public comment.

Cost Impact

    There are approximately 1,063 airplanes of the affected design in 
the worldwide fleet. We estimate that 732 airplanes of U.S. registry 
would be affected by this proposed AD, that it would take up to 12 work 
hours per airplane to accomplish the proposed actions, and that the 
average labor rate is $65 per work hour. Required parts would cost up 
to $339 per airplane. Based on these figures, the cost impact of the 
proposed AD on U.S. operators is estimated to be up to $819,108, or up 
to $1,119 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed 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.

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 Impact

    The regulations proposed herein 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. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this 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) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

[[Page 22615]]

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (14 CFR part 39) as 
follows:

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. Section 39.13 is amended by adding the following new 
airworthiness directive:

McDonnell Douglas: Docket 2001-NM-387-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; certificated in any 
category; identified in Boeing Alert Service Bulletin MD80-29A070, 
dated August 3, 2004.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent shorted wires or arcing at the auxiliary hydraulic 
pump, which could result in loss of auxiliary hydraulic power, or a 
fire in the wheel well of the airplane, accomplish the following:

One-Time Inspection

    (a) Within 18 months after the effective date of this AD, do a 
one-time general visual inspection for chafing or signs of arcing of 
the wire bundle for the auxiliary hydraulic pump, and do all 
applicable corrective and other specified actions, in accordance 
with the Accomplishment Instructions of Boeing Alert Service 
Bulletin MD80-29A070, dated August 3, 2004. Accomplish any 
applicable corrective actions before further flight after the 
inspection.

    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.''

Alternative Methods of Compliance

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

    Issued in Renton, Washington, on April 21, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-8657 Filed 4-29-05; 8:45 am]
BILLING CODE 4910-13-P