[Federal Register Volume 70, Number 86 (Thursday, May 5, 2005)]
[Rules and Regulations]
[Pages 23784-23786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8881]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21029; Directorate Identifier 2005-NM-045-AD; 
Amendment 39-14077; AD 2005-09-08]
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 superseding two existing airworthiness directives 
(ADs); both apply to the same certain McDonnell Douglas Model MD-90-30 
airplanes. The superseded ADs currently require a one-time general 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 retains those requirements and clarifies certain requirements 
for recording AD compliance. This AD is prompted by the determination 
that the form of the existing ADs could result in confusion to 
operators in recording compliance with the potentially conflicting 
requirements. 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 May 20, 2005.
    The incorporation by reference of Boeing Alert Service Bulletin 
MD90-24A074, excluding Appendix, Revision 02, dated June 3, 2003, as 
listed in the regulations, was approved previously by the Director of 
the Federal Register as of February 22, 2005 (70 FR 5920, February 4, 
2005).
    We must receive comments on this AD by July 5, 2005.

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 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-2005-21029; the directorate identifier for this docket is 
2005-NM-045-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). On January 26, 
2005, we issued AD 2005-03-05, amendment 39-13961 (70 FR 5920, February 
4, 2005).
    Both ADs apply to the same certain McDonnell Douglas MD-90-30 
airplanes. Both require 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. The actions specified in the ADs 
are intended 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 ADs Were Issued

    Since we issued those ADs, we discovered some procedural regulatory 
complications that could prevent operators from complying with either 
AD. We had initially determined that AD 2003-04-10 should be revised 
when in fact it should have been superseded. Although a revised AD is 
identified by adding ``R1'' to the original AD number, in this case the 
``revised'' AD was instead given a new AD number (AD 2005-03-05). As a 
result, two essentially identical ADs apply to the same airplanes. We 
have determined that superseding both AD 2003-04-10 and AD 2005-03-05 
will eliminate the confusion associated with recording compliance with 
potentially conflicting requirements in the two ADs.

FAA's Determination and Requirements of This AD

    The unsafe condition described previously is likely to exist or 
develop on other airplanes of the same type design. This AD is being 
issued to supersede AD 2003-04-10 and AD 2005-03-05. This new AD 
retains the requirements of the existing AD.

Costs of Compliance

    The requirements of this new AD are unchanged from those of AD 
2003-04-10 and AD 2005-03-05; therefore, this AD imposes no additional 
economic burden on operators. The estimated costs associated with this 
AD are repeated for the convenience of affected operators, as follows:
    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.

[[Page 23785]]



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

    This AD is issued for clarification only and adds no new burden on 
operators. 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.

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-
21029; Directorate Identifier 2005-NM-045-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 removing amendment 39-13058 (68 FR 
9513, February 28, 2003) and amendment 39-13961 (70 FR 5920, February 
4, 2005), and by adding the following new AD:

2005-09-08 McDonnell Douglas: Amendment 39-14077. Docket No. FAA-
2005-21029; Directorate Identifier 2005-NM-045-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective May 20, 
2005.

Affected ADs

    (b) This AD supersedes AD 2003-04-10 (68 FR 9513, February 28, 
2003) and AD 2005-03-05 (70 FR 5920, February 4, 2005).

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 the determination that the form of 
the superseded ADs could result in confusion to operators in 
recording compliance with the potentially conflicting requirements. 
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

[[Page 23786]]

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 February 22, 2005 (the effective date 
of AD 2005-03-05).
    (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 1, dated 
August 8, 2001, done before the effective date of this AD.

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 incorporation by reference of that document was 
approved previously by the Director of the Federal Register as of 
February 22, 2005 (70 FR 5920, February 4, 2005). To get 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). To view the docket, go to the Docket Management Facility 
office, U.S. Department of Transportation, 400 Seventh Street SW., 
room PL-401, Nassif Building, Washington, DC. To review copies of 
this service information, go to 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 April 28, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-8881 Filed 5-4-05; 8:45 am]
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