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[Federal Register Volume 69, Number 227 (Friday, November 26, 2004)]
[Rules and Regulations]
[Pages 68777-68779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25786]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-171-AD; Amendment 39-13876; AD 2004-23-21]
RIN 2120-AA64

Airworthiness Directives; McDonnell Douglas 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, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain McDonnell Douglas 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. This amendment requires a general visual inspection for 
chafing of the power feeder cables of the auxiliary power unit (APU), 
and repair if necessary. This amendment also requires replacement of a 
support bracket located on the left side of the lower cargo compartment 
with a new ``U'' shaped bracket. This action is necessary to prevent 
chafing of the power feeder cables of the APU, which could result in 
electrical arcing to adjacent structure and consequent fire in the 
airplane. This action is intended to address the identified unsafe 
condition.

DATES: Effective January 3, 2005.
    The incorporation by reference of a certain publication listed in 
the regulations is approved by the Director of the Federal Register as 
of January 3, 2005.

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 Federal Aviation Administration (FAA), Transport 
Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, 
Washington; or at the FAA, Los Angeles Aircraft Certification Office, 
3960 Paramount Boulevard, Lakewood, California; or at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call (202) 741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

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), and DC-9-87 (MD-87) 
airplanes; and Model MD-88 airplanes; was published in the Federal 
Register on June 18, 2003 (68 FR 36523). That action proposed to 
require a general visual inspection for chafing of the power feeder 
cables of the auxiliary power unit (APU), and repair if necessary. That 
action also proposed to require replacement of a support bracket 
located on the left side of the lower cargo compartment with a new 
``U'' shaped bracket.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Support for Proposed Rule

    One commenter supports the proposed rule.

Request to Allow Alternative Method of Compliance (AMOC) Granted 
Previously

    The other commenter requests that an AMOC previously granted for AD 
94-09-02, amendment 39-8890 (59 FR 18720, April 20, 1994), be allowed 
to satisfy the requirements of the proposed rule. The commenter notes 
that AD 94-09-02 was previously issued to address a similar unsafe 
condition in the same area of the airplane, and that McDonnell Douglas 
MD-80 Service Bulletin 24-105 was approved as an AMOC for that AD. The 
commenter states that some of its airplanes had doublers previously 
installed to support the seat track in the modification area per that 
AMOC. The bracket identified in Revision 02 of McDonnell Douglas Alert 
Service Bulletin MD80-24A105 (referenced in the proposed rule as the 
appropriate source of service information for accomplishing the 
specified actions) could not be used at these locations; therefore, the 
commenter retained the doubler-bracket in lieu of the new bracket 
specified in the service bulletin.
    The FAA does not agree to allow the specified AMOC granted for AD 
94-09-02 to satisfy the requirements of this AD. That AMOC was granted 
based on information contained in McDonnell Douglas MD-80 Service 
Bulletin 24-105, dated August 15, 1989. However, since that AD was 
issued and that AMOC granted, McDonnell Douglas Alert Service Bulletin 
MD80-24A105, Revision 02, dated January 24, 2000, was released. That 
revision, which was also upgraded to alert status, specifically 
requires additional work for airplanes previously modified in 
accordance with previous issues of that service bulletin. Therefore, 
airplanes on which the described AMOC was approved are subject to the 
unsafe condition addressed by this AD, and operators must accomplish 
the actions required by this AD. No change to the final rule is made in 
this regard.

Request To Revise the Work-Hour Estimate of the Cost Impact Section

    The same commenter points out that the proposed rule estimates 1 
work hour to accomplish the proposed actions; however, McDonnell 
Douglas Alert Service Bulletin MD80-24A105, Revision 02, lists 3 work 
hours for those actions--a figure which the commenter asserts more 
closely reflects the time required for the specified tasks.
    From this comment, we infer that the commenter is requesting that 
we revise the work-hour estimate in the Cost Impact section of the 
proposed rule. We do not agree. As stated in the preamble

[[Page 68778]]

of the proposed rule, the cost impact figures discussed in AD 
rulemaking actions represent only the time necessary to perform the 
specific actions actually required by the AD. Those 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. The work-hour figure listed in the referenced 
service bulletin includes time for access and close up. No change is 
made to the final rule in this regard.

Clarification of Requirements of Paragraph (c) of the Final Rule

    We inadvertently omitted reference to the specific service 
information for accomplishing the required support bracket replacement 
specified in paragraph (c) of the proposed rule. It was our intent that 
the required replacement be accomplished in accordance with McDonnell 
Douglas Alert Service Bulletin MD80-24A105, Revision 02, dated January 
24, 2000. We have revised paragraph (c) of this final rule to specify 
that the required replacement be done in accordance with that service 
bulletin.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the change previously 
described. The FAA has determined that this change will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Labor Rate Increase

    After the proposed rule 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 
$60 per work hour to $65 per work hour. The cost impact information, 
below, reflects this increase in the specified hourly labor rate.

Cost Impact

    There are approximately 634 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 438 airplanes of U.S. registry 
will be affected by this AD, that it will take approximately 1 work 
hour per airplane to accomplish the required inspection and replacement 
of the bracket, and that the average labor rate is $65 per work hour. 
Required parts will cost approximately $147 per airplane. Based on 
these figures, the cost impact of the AD on U.S. operators is estimated 
to be $92,856, or $212 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the 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.

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:

2004-23-21 McDonnell Douglas: Amendment 39-13876. Docket 2000-NM-
171-AD.

    Applicability: 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; 
as listed in McDonnell Douglas Alert Service Bulletin MD80-24A105, 
Revision 02, dated January 24, 2000; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent chafing of the power feeder cables of the auxiliary 
power unit (APU), which could result in electrical arcing to 
adjacent structure and consequent fire in the airplane; accomplish 
the following:

No Reporting Requirement

    (a) Although the alert service bulletin referenced in this AD 
specifies to submit information to the manufacturer, this AD does 
not include such a requirement.

Inspection for Chafing

    (b) Within 1 year after the effective date of this AD, perform a 
general visual inspection for chafing of the power feeder cables of 
the auxiliary power unit, in accordance with McDonnell Douglas Alert 
Service Bulletin MD80-24A105, Revision 02, dated January 24, 2000.
    (1) If no chafing is detected, no further action is required by 
this paragraph.
    (2) If any chafing is detected, before further flight, repair 
the cable(s) per the alert service bulletin.

    Note 1: For the purposes of this AD, a general visual inspection 
is defined as: ``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 enhance visual access to all exposed 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.''

Replacement of a Support Bracket

    (c) Within 1 year after the effective date of this AD, replace 
the support bracket for the power feeder cable located on the left 
side of the lower cargo compartment between fuselage stations 
Y=218.000 and Y=237.000 with a new ``U'' shaped bracket, in 
accordance with McDonnell Douglas Alert Service Bulletin MD80-
24A105, Revision 02, dated January 24, 2000.

Alternative Methods of Compliance

    (d) 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.

[[Page 68779]]

Incorporation by Reference

    (e) The actions shall be done in accordance with McDonnell 
Douglas Alert Service Bulletin MD80-24A105, Revision 02, dated 
January 24, 2000. 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. Copies 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). Copies may be inspected 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; or at the 
National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call (202) 741-6030, 
or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html html.

Effective Date

    (f) This amendment becomes effective on January 3, 2005.

    Issued in Renton, Washington, on November 10, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-25786 Filed 11-24-04; 8:45 am]
BILLING CODE 4910-13-P
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