[Federal Register Volume 71, Number 49 (Tuesday, March 14, 2006)]
[Proposed Rules]
[Pages 13050-13053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-3565]


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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 proposing that certain airplanes be 
required to install additional protective sleeving on the upper portion 
of the auxiliary hydraulic pump wire assembly. The proposed AD results 
from reports of shorted wires and evidence of arcing on the power 
cables of the auxiliary hydraulic pump, as well as fuel system reviews 
conducted by the manufacturer. We are proposing this AD to prevent 
shorted wires or arcing at the auxiliary hydraulic pump, which could 
result in loss of auxiliary hydraulic

[[Page 13051]]

power, or a fire in the wheel well of the airplane. The proposed 
actions are also intended to reduce the potential of an ignition source 
adjacent to the fuel tanks, which, in combination with flammable fuel 
vapors, could result in a fuel tank explosion and consequent loss of 
the airplane.

DATES: Comments must be received by April 10, 2006.

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 
supplemental notice of proposed rulemaking (NPRM) in the Federal 
Register on May 2, 2005 (70 FR 22613) (referred to after this as ``the 
first supplemental NPRM''). The first supplemental NPRM 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. The first supplemental 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 power, or a fire 
in the wheel well of the airplane.

Explanation of New Relevant Service Information

    Since the issuance of the first supplemental NPRM, Boeing has 
issued and we have reviewed Boeing Alert Service Bulletin MD80-29A070, 
Revision 1, dated July 28, 2005. (The first supplemental NPRM refers to 
Boeing Alert Service Bulletin MD80-29A070, dated August 3, 2004, as the 
appropriate source of service information for the proposed actions.) 
Among other things, Revision 1 adds an additional configuration, 
Configuration 4, which applies to airplanes in Configuration 3 (which 
are airplanes delivered with 90-degree backshell connector installed) 
on which the original issue of Boeing Alert Service Bulletin MD80-
29A070 was accomplished. The new action for the airplanes in 
Configuration 4 is installing additional protective sleeving on the 
upper portion of the auxiliary hydraulic pump wire assembly. We have 
updated the service bulletin references throughout this second 
supplemental NPRM to specify Revision 1 of the service bulletin as the 
acceptable source of service information. We have also revised this 
second supplemental NPRM to give credit for actions accomplished before 
the effective date of the AD in accordance with the original issue of 
the service bulletin, and to require the additional actions specified 
in Revision 1 for affected airplanes.
    Also, Section 2.A., Material Information, of Boeing Alert Service 
Bulletin MD80-29A070, Revision 1, specifies an increased cost for 
parts. (The first supplemental NPRM estimates that required parts would 
cost up to $339.) Thus, we have revised the Cost Impact section of this 
second supplemental NPRM to specify that required parts could cost up 
to $524.

Comments

    Due consideration has been given to the comments received in 
response to the first supplemental NPRM.

Request To Address Special Federal Aviation Regulation (SFAR) 88 
Findings

    One commenter, Boeing, requests that we revise the statement of the 
unsafe condition in the Summary of the first supplemental NPRM. Boeing 
points out that the supplemental NPRM does not address the fact that 
Boeing Alert Service Bulletin MD80-29A070 resulted from the safety 
assessments conducted under SFAR 88. Boeing observes that

[[Page 13052]]

the statement of the unsafe condition in the NPRM and first 
supplemental NPRM mentions only preventing 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. Boeing 
states that the determination that extra protection was needed for the 
wire bundle for the auxiliary hydraulic pump where the wire bundle was 
in close proximity to the center fuel tank was based on the findings of 
the safety assessments conducted under SFAR 88.
    We partially agree with the request. We acknowledge that Boeing 
Alert Service Bulletin MD80-29A070 is the result of safety assessments 
conducted by Boeing under SFAR 88. Indeed, this is stated in paragraph 
1.C., Reason, of that service bulletin. However, Boeing Alert Service 
Bulletin MD80-29A068, Revision 02 (which Boeing Alert Service Bulletin 
MD80-29A070 supersedes but does not cancel, as explained in the first 
supplemental NPRM) also addresses in-service incidents of arcing of the 
auxiliary hydraulic pump power cables and electrically shorted wires in 
the right wheel well. We find that it is appropriate to insert a 
statement in the Summary of this second supplemental NPRM that 
indicates that this second supplemental NPRM results from ``reports of 
shorted wires and evidence of arcing on the power cables of the 
auxiliary hydraulic pump, as well as fuel system reviews conducted by 
the manufacturer.'' We have also expanded the statement of the unsafe 
condition in the Summary and the body of this second supplemental NPRM 
to state that the proposed actions are also intended to ``reduce the 
potential of an ignition source adjacent to the fuel tanks, which, in 
combination with flammable fuel vapors, could result in a fuel tank 
explosion and consequent loss of the airplane.''

Request To Clarify Meaning of ``Corrective and Other Specified 
Actions''

    American Airlines (referred to hereafter in this AD as ``AAL''), in 
a comment submitted through the Air Transport Association of America 
(ATA), requests that we revise paragraph (a) of the first supplemental 
NPRM to specifically state the requirements to inspect, repair or 
replace wires, and modify. AAL declares ``vague'' the statement, ``* * 
* do all applicable corrective and other specified actions * * *.'' AAL 
assumes that ``applicable corrective (actions)'' refers to repairing or 
replacing chafed or damaged wiring, and that ``other specified 
actions'' refers to installing protective sleeving on the wire bundle, 
changing the routing of the wiring, and replacing the straight 
connector backshell with a 90-degree backshell.''
    We do not agree that any clarification is needed. The terms 
``correction actions'' and ``other specified actions,'' as well as 
``related investigative actions,'' are used in many of the ADs we write 
as a means of clarifying and simplifying the AD requirements. When we 
use these terms in an AD, the details of these actions are always 
explained in full in the preamble of the NPRM (or supplemental NPRM), 
as they were in the first supplemental NPRM, under the heading 
``Explanation of New Relevant Service Information.'' We have not 
changed this second supplemental NPRM in this regard. However, for the 
convenience of affected operators, we will reiterate the explanation of 
``corrective and other specified actions'' that appears in the preamble 
of the first supplemental NPRM:
    ``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.''

Clarification of Alternative Method of Compliance (AMOC) Paragraph

    We have revised this action to clarify the appropriate procedure 
for notifying the principal inspector before using any approved AMOC on 
any airplane to which the AMOC applies.

Conclusion

    Since these changes 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 $524 per airplane. Based on these figures, the cost impact of the 
proposed AD on U.S. operators is estimated to be up to $954,528, or up 
to $1,304 per airplane.
    For airplanes in Configuration 4, as defined in Boeing Alert 
Service Bulletin MD80-29A070, Revision 1, it would take approximately 2 
work hours to accomplish the proposed additional action, at an average 
labor rate of $65 per work hour. Required parts would cost 
approximately $40 per airplane. Based on these figures, the cost impact 
of this action on an affected airplane is estimated to be $170 per 
airplane. (We do not know how many airplanes will be in Configuration 
4.)
    The cost impact figures discussed above are 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

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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.

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; as 
identified in Boeing Alert Service Bulletin MD80-29A070, Revision 1, 
dated July 28, 2005.

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; and to reduce the potential of an 
ignition source adjacent to the fuel tanks, which, in combination 
with flammable fuel vapors, could result in a fuel tank explosion 
and consequent loss of the airplane; accomplish the following:

One-Time Inspection

    (a) For airplanes in Configurations 1 through 3, as defined in 
Boeing Alert Service Bulletin MD80-29A070, Revision 1, dated July 
28, 2005: 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 the service bulletin. 
Accomplish all 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.''

Installation of Additional Wiring Protection

    (b) For airplanes in Configuration 4, as defined in Boeing Alert 
Service Bulletin MD80-29A070, Revision 1, dated July 28, 2005: 
Within 18 months after the effective date of this AD, install 
additional protective sleeving on the upper portion of the auxiliary 
hydraulic pump wire assembly in accordance with the procedures under 
Configuration 4 in the Accomplishment Instructions of the service 
bulletin.

Actions Accomplished Previously

    (c) Actions accomplished before the effective date of this AD in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin MD80-29A070, dated August 3, 2004, are acceptable 
for compliance with paragraph (a) of this AD, except that the 
additional requirements of paragraph (b) of this AD must be done on 
airplanes in Configuration 4, as defined in Boeing Alert Service 
Bulletin MD80-29A070, Revision 1, dated July 28, 2005.

Alternative Methods of Compliance

    (d)(1) 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.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

    Issued in Renton, Washington, on March 7, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-3565 Filed 3-13-06; 8:45 am]
BILLING CODE 4910-13-P