[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)]
[Proposed Rules]
[Pages 25510-25512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6497]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 71, No. 83 / Monday, May 1, 2006 / Proposed 
Rules  

[[Page 25510]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-24585; Directorate Identifier 2004-NM-275-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-14, DC-9-
15, and -15F Airplanes; Model DC-9-21 Airplanes; Model DC-9-30 Series 
Airplanes; Model DC-9-41 Airplanes; and Model DC-9-51 Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to supersede an existing airworthiness 
directive (AD) that applies to certain McDonnell Douglas Model DC-9-10, 
DC-9-20, DC-9-30, DC-9-40, and DC-9-50 series airplanes. The existing 
AD currently requires a one-time inspection at a certain disconnect 
panel in the left forward cargo compartment to find contamination of 
electrical connectors and to determine if a dripshield is installed 
over the disconnect panel, and corrective actions if necessary. This 
proposed AD would revise the applicability of the existing AD to remove 
certain airplanes and add others. This proposed AD results from a 
report of electrical arcing that resulted in a fire. We are proposing 
this AD to prevent contamination of certain electrical connectors, 
which could cause electrical arcing and consequent fire on the 
airplane.

DATES: We must receive comments on this proposed AD by June 15, 2006.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed 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.
    Contact Boeing Commercial Airplanes, Long Beach Division, 3855 
Lakewood Boulevard, Long Beach, California 90846, Attention: Data and 
Service Management, Dept. C1-L5A (D800-0024), for service information 
identified in this proposed AD.

FOR FURTHER INFORMATION CONTACT: Elvin K. 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

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed in the ADDRESSES section. Include the docket number ``Docket No. 
FAA-2006-24585; Directorate Identifier 2004-NM-275-AD'' at the 
beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of the 
proposed AD. We will consider all comments received by the closing date 
and may amend the proposed 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 proposed AD. Using the search function of 
that 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 may review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or may 
can visit http://dms.dot.gov.

Examining the Docket

    You may 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 Docket Management System 
receives them.

Discussion

    On January 22, 2003, we issued AD 2003-03-08, amendment 39-13032 
(68 FR 4900, January 31, 2003), for certain McDonnell Douglas Model DC-
9-10, DC-9-20, DC-9-30, DC-9-40, and DC-9-50 series airplanes. That AD 
requires a one-time inspection at a certain disconnect panel in the 
left forward cargo compartment to find contamination of electrical 
connectors and to determine if a dripshield is installed over the 
disconnect panel, and corrective actions if necessary. That AD resulted 
from a report of electrical arcing that resulted in a fire. We issued 
that AD to prevent contamination of certain electrical connectors, 
which could cause electrical arcing that could result in a fire on the 
airplane.

Actions Since Existing AD Was Issued

    Since we issued AD, we have reviewed Revision 2 of Boeing Alert 
Service Bulletin DC9-24A190, dated October 12, 2004 (Revision 1 of the 
service bulletin was referred to in AD 2003-03-08 as the appropriate 
source of service information for the required actions). The one-time 
general visual inspection and corrective actions specified in Revision 
2 are identical to those in Revision 1. The effectivity of Revision 2 
has been changed to include 369 additional airplanes (254 U.S.-
registered airplanes) that were inadvertently omitted from Revision 1 
and to remove 25 airplanes (19 U.S.-registered airplanes) that have 
been removed from service due to an accident, dismantling, or 
scrapping. Accomplishing the actions specified in the service 
information is intended to

[[Page 25511]]

adequately address the unsafe condition.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an 
unsafe condition that is likely to develop on other airplanes of the 
same type design. For this reason, we are proposing this AD, which 
would supersede AD 2003-03-08 and would retain the requirements of the 
existing AD. This proposed AD would also revise the applicability of 
the existing AD to remove certain airplanes and add others. For the 
added airplanes, this proposed AD would require accomplishing the 
actions specified in Boeing Alert Service Bulletin DC9-24A190, Revision 
2, dated October 12, 2004, described previously.

Differences Between the Proposed AD and Service Bulletin

    McDonnell Douglas Model DC-9-15F airplanes are not specifically 
identified by model name in paragraph 1.A., ``Effectivity,'' of Boeing 
Alert Service Bulletin DC9-24A190, Revision 2. However, those airplanes 
are identified by manufacturer's fuselage numbers in the effectivity 
listing. Therefore, we have listed those airplanes in the applicability 
of this proposed AD.
    In addition, paragraph 1.A., ``Effectivity,'' of Boeing Alert 
Service Bulletin DC9-24A190, Revision 2, specifies Model ``DC-9-33'' 
airplanes. There is no such model on the FAA Type Certificate Data 
Sheet No. A6WE, dated November 1, 2001. Therefore, the applicability of 
this proposed AD does not refer to that model designation.
    We have coordinated the differences above with the airplane 
manufacturer.

Changes to Existing AD

    This proposed AD would retain all requirements of AD 2003-03-08. 
Since AD 2003-03-08 was issued, the AD format has been revised, and 
certain paragraphs have been rearranged. As a result, the corresponding 
paragraph identifiers have changed in this proposed AD, as listed in 
the following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                           Corresponding requirement in
      Requirement in  AD 2003-03-08              this proposed AD
------------------------------------------------------------------------
Paragraph (a)...........................  Paragraph (f).
Paragraph (b)...........................  Paragraph (g).
------------------------------------------------------------------------

    After AD 2003-03-08 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 find 
it necessary to increase the labor rate used in these calculations from 
$65 per work hour to $80 per work hour. Also, the number of affected 
U.S.-registered airplanes that need to comply with the inspection 
required by AD 2003-03-08 was increased from 51 airplanes to 170 
airplanes. The cost impact information, below, reflects this increase 
in the specified hourly labor rate.

Costs of Compliance

    There are about 649 airplanes of the affected design in the 
worldwide fleet. The following table provides the estimated costs for 
U.S. operators to comply with this proposed AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                  Number of U.S.-
             Action                 Work hours     Average labor     Cost per       registered      Fleet cost
                                                   rate per hour     airplane        airplanes
----------------------------------------------------------------------------------------------------------------
Inspection (required by AD 2003-               1             $80             $80             170         $13,600
 03-08).........................
Inspection (new proposed action)               1              80              80             254          20,320
----------------------------------------------------------------------------------------------------------------

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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify that the 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. 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 proposed AD and placed it in the AD docket. 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, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-13032 (68 FR 4900, January 31, 2003) and adding

[[Page 25512]]

the following new airworthiness directive (AD):

McDonnell Douglas: Docket No. FAA-2006-24585; Directorate Identifier 
2004-NM-275-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by June 15, 
2006.

Affected ADs

    (b) This AD supersedes AD 2003-03-08.

Applicability

    (c) This AD applies to the McDonnell Douglas airplanes 
identified in Table 1 of this AD, certificated in any category, as 
identified in Boeing Alert Service Bulletin DC9-24A190, Revision 2, 
dated October 12, 2004.

                      Table 1.--Affected Airplanes
------------------------------------------------------------------------
                                  Model
-------------------------------------------------------------------------
(1) DC-9-14, DC-9-15, and -15F airplanes.
(2) DC-9-21 airplanes.
(3) DC-9-31, DC-9-32, DC-9-32 (VC-9C), DC-9-32F, DC-9-32F (C-9A, C-9B),
 DC-9-33F, DC-9-34, and DC-9-34F airplanes.
(4) DC-9-41 airplanes.
(5) DC-9-51 airplanes.
------------------------------------------------------------------------

Unsafe Condition

    (d) This AD results from a report of electrical arcing that 
resulted in a fire. We are issuing this AD to prevent contamination 
of certain electrical connectors, which could cause electrical 
arcing and consequent fire on the airplane.

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.

Requirements of AD 2003-03-08

One-Time Inspection and Corrective Actions

    (f) For airplanes equipped with forward lavatories, as listed 
Boeing Alert Service Bulletin DC9-24A190, Revision 01, dated 
November 21, 2001: Within 18 months after March 7, 2003 (the 
effective date AD 2003-03-08), perform a one-time general visual 
inspection of the disconnect panel at station Y=237.000 in the left 
forward cargo compartment to find evidence of contamination (e.g., 
staining or corrosion) of electrical connectors by blue water, and 
to determine if a dripshield is installed over the disconnect panel. 
Do this inspection according to the Accomplishment Instructions of 
Boeing Alert Service Bulletin DC9-24A190, Revision 01, excluding 
Evaluation Form, dated November 21, 2001.
    (1) If no evidence of contamination of electrical connectors is 
found, and a dripshield is installed, no further action is required 
by this AD.
    (2) If any evidence of contamination of any electrical connector 
is found: Before further flight, remove each affected connector, and 
install a new or serviceable connector according to the service 
bulletin.
    (3) If no dripshield is installed over the disconnect panel: 
Before further flight, install a dripshield according to the service 
bulletin.

Previously Accomplished Inspections and Corrective Actions

    (g) Inspections and corrective actions accomplished before March 
7, 2003, in accordance with the Accomplishment Instructions of 
Boeing Alert Service Bulletin DC9-24A190, dated July 31, 2001, are 
considered acceptable for compliance with the corresponding action 
specified in paragraph (f) of this AD.

New Requirements of this AD

One-Time Inspection and Corrective Actions

    (h) For airplanes other than those identified in paragraph (f) 
of this AD: Within 18 months after the effective date of this AD, do 
the one-time general visual inspection and applicable corrective 
actions specified in paragraph (f) of this AD, in accordance with 
Boeing Alert Service Bulletin DC9-24A190, Revision 2, dated October 
12, 2004. The applicable corrective actions must be done before 
further flight.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, Los Angeles Aircraft Certification Office, 
FAA, has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.
    (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 April 20, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-6497 Filed 4-28-06; 8:45 am]
BILLING CODE 4910-13-P