[Federal Register Volume 71, Number 172 (Wednesday, September 6, 2006)]
[Rules and Regulations]
[Pages 52413-52415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14627]



[[Page 52413]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-24585; Directorate Identifier 2004-NM-275-AD; 
Amendment 39-14743; AD 2006-18-05]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-14, DC-9-
15, and DC-9-15F 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: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which applies to certain McDonnell Douglas Model DC-9-10, DC-9-
20, DC-9-30, DC-9-40, and DC-9-50 series airplanes. That 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 new AD 
revises the applicability of the existing AD by removing certain 
airplanes and adding others. 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.

DATES: This AD becomes effective October 11, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of October 11, 
2006.
    On March 7, 2003 (68 FR 4900, January 31, 2003), the Director of 
the Federal Register approved the incorporation by reference of Boeing 
Alert Service Bulletin DC9-24A190, Revision 01, excluding Evaluation 
Form, dated November 21, 2001.

ADDRESSES: You may examine the 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., Nassif Building, 
Room PL-401, Washington, DC.
    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 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:

Examining the Docket

    You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that supersedes AD 2003-03-08, amendment 
39-13032 (68 FR 4900, January 31, 2003). The existing AD applies to 
certain McDonnell Douglas DC-9-10, DC-9-20, DC-9-30, DC-9-40, and DC-9-
50 series airplanes. That NPRM was published in the Federal Register on 
May 1, 2006 (71 FR 25510). That NPRM proposed to continue to require 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 NPRM also proposed to revise the 
applicability of the existing AD to remove certain airplanes and add 
others.

Comments

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

Request To Clarify Applicability

    ABX Air requests that we revise paragraph (h) of this AD to specify 
that it applies to airplanes equipped with forward lavatories. The 
commenter states that this change would be consistent with the 
applicability of AD 2003-03-08. The commenter also states that the 
change would eliminate the need for requesting an alternative method of 
compliance (AMOC) for airplanes that have had the forward lavatories 
removed.
    We agree that paragraph (h) applies to airplanes equipped with 
forward lavatories. We point out that the effectivity of Boeing Alert 
Service Bulletin DC9-24A190, Revision 2, dated October 12, 2004, notes 
clearly that the service bulletin is applicable only to airplanes with 
forward lavatories installed. Since we reference Revision 2 in the 
applicability of this AD, this AD applies to the airplanes identified 
in Revision 2 and equipped with forward lavatories. However, we have 
revised paragraph (h) of this AD as proposed by the commenter to 
provide clarification.

Request To Accept Previous AMOCs

    Northwest Airlines (NWA) states that it has accomplished the intent 
of AD 2003-03-08 on all DC-9 airplanes in its fleet through two AMOCs, 
which allow use of alternative replacement parts. (The requirements of 
AD 2003-03-08 (corresponding to paragraph (f) of this AD) apply only to 
airplanes identified in Boeing Alert Service Bulletin DC9-24A190, 
Revision 01, dated November 21, 2001.) NWA states that it has inspected 
and modified several airplanes in accordance with AD 2003-03-08, which 
are not included in the effectivity of Revision 01 of the service 
bulletin. NWA further states that paragraph (h), as written in the 
NPRM, applies to any airplane that is not listed in Revision 01. NWA 
asserts that any such airplane would be required to accomplish 
paragraph (h) in accordance with Revision 2 of the service bulletin. 
Therefore, NWA requests that we revise the NPRM to accept previously 
granted AMOCs to AD 2003-03-08. As justification, NWA states that this 
change would allow compliance with Revision 2 (required by paragraph 
(h) of this AD) without having to apply for an additional AMOC. We 
infer that NWA would like previous AMOCs to be acceptable for 
compliance with both paragraphs (f) and (h) of this AD.
    We agree that AMOCs approved previously in accordance with AD 2003-
03-08 are acceptable for the corresponding provisions of paragraph (f) 
of this AD. Consequently, we have added a new paragraph (j)(3) to this 
AD accepting those AMOCs. However, we disagree with the commenter's 
interpretation that paragraph (h) of this AD applies to any airplane 
not identified in Revision 01 of the service bulletin. According to 
paragraph (c) of this AD, this AD applies only to the airplanes 
identified in Revision 2 of the service bulletin. Therefore, paragraph 
(h) of this AD applies to the airplanes identified in Revision 2 (and 
equipped

[[Page 52414]]

with forward lavatories), except those on which Revision 01 of the 
service bulletin has been previously accomplished. Furthermore, it is 
not our intent to require accomplishment of both Revisions 01 and 2. 
Therefore, we have added a new paragraph (i) to this AD, which states 
that accomplishing the actions specified in paragraph (f) of this AD 
before the effective date of this AD is acceptable for compliance with 
the requirements of paragraph (h) of this AD. We have reidentified the 
subsequent paragraphs accordingly.

Conclusion

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

                                                 Estimated Costs
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                                                                                  Number of U.S.-
             Action                 Work hours     Average labor     Cost per       registered      Fleet cost
                                                   rate per hour     airplane        airplanes
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Inspection (required by AD 2003-               1             $80             $80             170         $13,600
 03-08).........................
Inspection (new action).........               1              80              80             254          20,320
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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 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, 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-13032 (68 FR 4900, January 31, 2003) and by 
adding the following new airworthiness directive (AD):

2006-18-05 McDonnell Douglas: Amendment 39-14743. Docket No. FAA-
2006-24585; Directorate Identifier 2004-NM-275-AD.

Effective Date

    (a) This AD becomes effective October 11, 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
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                                  Model
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(1) DC-9-14, DC-9-15, and DC-9-15F 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 in 
Boeing Alert Service Bulletin DC9-24A190, Revision 01, dated 
November 21, 2001: Within 18 months after March 7, 2003 (the 
effective date of 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.

[[Page 52415]]

    (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 actions 
specified in paragraph (f) of this AD.

New Requirements of This AD

One-Time Inspection and Corrective Actions

    (h) For airplanes equipped with forward lavatories, 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.

Credit for Previous Accomplishment

    (i) For airplanes equipped with forward lavatories, as 
identified in Boeing Alert Service Bulletin DC9-24A190, Revision 2, 
dated October 12, 2004: Accomplishing the actions specified in 
paragraph (f) of this AD before the effective date of this AD is 
acceptable for compliance with the requirements of paragraph (h) of 
this AD.

Alternative Methods of Compliance (AMOCs)

    (j)(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.
    (3) AMOCs approved previously in accordance with AD 2003-03-08 
are approved as AMOCs for the corresponding provisions of paragraph 
(f) of this AD.

Material Incorporated by Reference

    (k) You must use Boeing Alert Service Bulletin DC9-24A190, 
Revision 2, dated October 12, 2004; or Boeing Alert Service Bulletin 
DC9-24A190, Revision 01, excluding Evaluation Form, dated November 
21, 2001, as applicable, to perform the actions that are required by 
this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of Boeing Alert Service Bulletin DC9-
24A190, Revision 2, dated October 12, 2004, in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) On March 7, 2003 (68 FR 4900, January 31, 2003), the 
Director of the Federal Register approved the incorporation by 
reference of Boeing Alert Service Bulletin DC9-24A190, Revision 01, 
excluding Evaluation Form, dated November 21, 2001.
    (3) 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 a copy of 
this service information. You may review copies at the Docket 
Management Facility, U.S. Department of Transportation, 400 Seventh 
Street SW., Room PL-401, Nassif Building, Washington, DC; on the 
Internet at http://dms.dot.gov; or at 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 August 23, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-14627 Filed 9-5-06; 8:45 am]
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