[Federal Register Volume 70, Number 122 (Monday, June 27, 2005)]
[Rules and Regulations]
[Pages 36824-36826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12513]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19809; Directorate Identifier 2003-NM-284-AD; 
Amendment 39-14155; AD 2005-13-18]
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), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which applies to certain SAFT America Inc. part number (P/N) 
021929-000 (McDonnell Douglas P/N 43B034LB02) and P/N 021904-000 
(McDonnell Douglas P/N 43B034LB03) nickel cadmium batteries. That 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 new 
AD requires an inspection for certain nickel cadmium batteries and, if 
necessary, replacing battery terminal screws with new hex head bolts 
and adding shims. This AD is 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.

DATES: This AD becomes effective August 1, 2005.
    The incorporation by reference of a certain publication listed in 
the AD is approved by the Director of the Federal Register as of August 
1, 2005.

ADDRESSES: 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).
    Docket: The AD docket contains the proposed AD, comments, and any 
final disposition. 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 U.S. 
Department of Transportation, 400 Seventh Street SW., room PL-401, 
Washington, DC. This docket number is FAA-2004-19809; the directorate 
identifier for this docket is 2003-NM-284-AD.

FOR FURTHER INFORMATION CONTACT: 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.

SUPPLEMENTARY INFORMATION: The FAA proposed to amend part 39 of the 
Federal Aviation Regulations (14 CFR part 39) with an AD to supersede 
AD 98-20-17, amendment 39-10784 (63 FR 50979, September 24, 1998). The 
existing AD applies to 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 DC-9 and MD-80 
aircraft, all serial numbers. The proposed AD, which is applicable to 
certain McDonnell Douglas transport category airplanes, was published 
in the Federal Register on December 14, 2004 (69 FR 74461), to require 
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. The proposed AD also 
proposed to require an inspection for certain nickel cadmium batteries 
and, if necessary, replacing battery terminal screws with new hex head 
bolts and adding shims.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments that have been 
submitted on the proposed AD.

Request for a Better Identification of the Modification

    One commenter requests that the proposed AD provide a better way of 
identifying the modification. The commenter states that identifying the 
modification with a sticker, as specified in SAFT Mandatory Service 
Bulletin 01-02, Revision 2, dated August 11, 2003, makes it difficult 
for airlines to track compliance. The commenter notes that stickers 
have been known to come unglued in the presence of water, acid, and 
heat, all of which exist around battery locations. If a sticker becomes 
unglued and lost, this gives the appearance of non-compliance to the 
AD. The commenter suggests requiring a P/N change on the data plate by 
simply adding a letter to the existing P/N.
    We do not agree that a P/N change on the data plate is necessary in 
this case. Although we acknowledge that stickers may come unglued, the 
modification sticker is merely a secondary indication of compliance. We 
have determined that, for the purposes of this AD, installation of a 
compliance sticker, as specified in SAFT Mandatory Service Bulletin 01-
02, Revision 2, dated August 11, 2003 (referenced as an additional 
source of service information in Boeing Alert Service Bulletin DC9-
24A195, dated December 4, 2003), is not necessary. We find that 
recording the installation of the modified battery in the airplane 
maintenance records, as required by section 91.417 of the Federal 
Aviation Regulations, provides an adequate means for operators to track 
AD compliance. Therefore, we have revised paragraph (f)(2)(ii) of this 
AD to specify that installing a sticker is not required.

Request to Correct Reference to Certain P/Ns

    One commenter requests that two P/Ns be corrected. The commenter 
explains that certain P/Ns, as identified in the proposed AD, contain 
the letter ``O'' instead of the number ``0.'' The P/Ns should be 
43B034LB02 and 43B034LB03.
    We agree and have revised the AD accordingly.

Editorial Changes

    We have added a new Note 2 to the AD to reiterate, as specified in 
the preamble of the proposed AD, that Boeing Alert Service Bulletin 
DC9-24A195, dated December 4, 2003, refers to SAFT Service Bulletin 01-
02, Revision 2, dated August 11, 2003, as an additional source of 
service information for accomplishing the modification.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been submitted, and determined that air safety and 
the

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public interest require adopting the AD with the changes described 
previously. We have determined that these changes will neither increase 
the economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    There are about 1,828 airplanes worldwide of the affected design. 
This AD will affect about 1,087 airplanes of U.S. registry.
    The required inspection to determine if certain SAFT batteries are 
installed will 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 actions specified in this AD for U.S. operators is $70,655, or 
$65 per airplane.

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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under 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 39-10784 (63 FR 
50979, September 24, 1998) and by adding the following new 
airworthiness directive (AD):

2005-13-18 McDonnell Douglas: Amendment 39-14155. Docket No. FAA-
2004-19809; Directorate Identifier 2003-NM-284-AD.

Effective Date

    (a) This AD becomes effective August 1, 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 after the effective date of this AD, 
perform a general visual inspection to determine if a nickel cadmium 
battery having P/N 021904-000 (Type 43B034LB03) or P/N 021929-000 
(Type 43B034LB02) 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: With the exception that a sticker is not required to 
be installed, 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.''


    Note 2:
    Boeing Alert Service Bulletin DC9-24A195, dated December 4, 
2003, refers to SAFT Service Bulletin 01-02, Revision 2, dated 
August 11, 2003, as an additional source of service information for 
accomplishing the modification.

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 43B034LB02), 
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.

Material Incorporated by Reference

    (i) You must use Boeing Alert Service Bulletin DC9-24A195, dated 
December 4, 2003, to perform the actions that are required

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by this AD, unless the AD specifies otherwise. The Director of the 
Federal Register approves the incorporation by reference of this 
document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To 
get copies of the service information, go to 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 AD docket, go to the Docket Management 
Facility, U.S. Department of Transportation, 400 Seventh Street SW., 
room PL-401, Nassif Building, Washington, DC. To review copies of 
the service information, go to the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at the 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 June 14, 2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-12513 Filed 6-24-05; 8:45 am]
BILLING CODE 4910-13-P