[Federal Register Volume 71, Number 146 (Monday, July 31, 2006)]
[Rules and Regulations]
[Pages 43035-43036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12094]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-387-AD; Amendment 39-14696; AD 2006-15-15]
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: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain McDonnell Douglas airplane models, that requires 
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 AD also requires that, for certain 
airplanes, installation of additional protective sleeving on the upper 
portion of the auxiliary hydraulic pump wire assembly. This AD results 
from reports of shorted wires and evidence of arcing on the power 
cables of the auxiliary hydraulic pump, as well a fuel system reviews 
conducted by the manufacturer. We are issuing this AD 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. The actions specified by this AD 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: Effective September 5, 2006.
    The incorporation by reference of a certain publication listed in 
the regulations is approved by the Director of the Federal Register as 
of September 5, 2006.

ADDRESSES: The service information referenced in this AD 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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is 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 second supplemental notice of 
proposed rulemaking (NPRM) in the Federal Register on March 14, 2006 
(71 FR 13050). That action proposed to require 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. That action also proposed to require, for certain 
airplanes, installation of additional protective sleeving on the upper 
portion of the auxiliary hydraulic pump wire assembly.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. No comments have been received on the second 
supplemental NPRM or on the determination of the cost to the public.

Explanation of Changes to the Second Supplemental NPRM

    In paragraph (a) of the second supplemental NPRM we inadvertently 
referred to Configurations 1 through 3 when we should have referred to 
Configurations 1 through 4. It was our intent that the requirements of 
paragraph (a) apply to Configurations 1 through 4 airplanes, as 
described in the referenced Boeing Alert Service Bulletin MD80-29A070, 
Revision 1, dated July 28, 2005. As described in the preamble of the 
second supplemental NPRM, we added paragraph (c) to this AD to give 
credit for actions done before the effective date of this AD in 
accordance with the original issue of Boeing Alert Service Bulletin 
MD80-29A070, dated August 3, 2004, 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. Therefore, we have revised paragraph (a) of this AD 
accordingly. We also have clarified the Cost Impact section of this AD 
in regard to the airplane configurations.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD with the 
change described previously. We have determined that this change will 
neither increase the economic burden on any operator nor increase the 
scope of the AD.

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 
(i.e., airplane Configurations 1 through 4; we do not know how many 
airplanes are in Configuration 4) will be affected by this AD, that it 
will take up to 12 work hours per airplane to accomplish the required 
inspection and other specified actions, and that the average labor rate 
is $65 per work hour. Required parts will cost up to $524 per airplane. 
Based on these figures, the cost impact of this 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 will take approximately 2 
work hours to accomplish the required additional wiring protection, at 
an average labor rate of $65 per work hour. Required parts will 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.
    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.

[[Page 43036]]

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 adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new airworthiness 
directive:

2006-15-15 McDonnell Douglas: Amendment 39-14696. 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 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, 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, 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.

Incorporation by Reference

    (e) Unless otherwise specified in this AD, the actions must be 
done in accordance with Boeing Alert Service Bulletin MD80-29A070, 
Revision 1, dated July 28, 2005. This incorporation by reference was 
approved by the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. To get copies of this 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 
inspect copies of this service information, go to the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; to 
the FAA, Los Angeles Aircraft Certification Office, 3960 Paramount 
Boulevard, Lakewood, California; or 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.

Effective Date

    (f) This amendment becomes effective on September 5, 2006.

    Issued in Renton, Washington, on July 20, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-12094 Filed 7-28-06; 8:45 am]
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