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.

Proposed Rules Federal Register

74461

Vol. 69, No. 239

Tuesday, December 14, 2004

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39

[Docket No. FAA–2004–19809; Directorate 

Identifier 2003–NM–284–AD] 

RIN 2120–AA64

Airworthiness Directives; McDonnell 

Douglas Model DC–9–10 Series 

Airplanes; Model DC–9–20 Series 

Airplanes; Model DC–9–30 Series 

Airplanes; Model DC–9–40 Series 

Airplanes; Model DC–9–50 Series 

Airplanes; 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 (FAA), DOT.

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede an existing airworthiness 

directive (AD) that applies to certain 

SAFT America Inc., P/N 021929–000 

(McDonnell Douglas P/N 43B034LB02) 

and P/N 021904–000 (McDonnell 

Douglas P/N 43B034LB03) nickel 

cadmium batteries. The existing AD 

currently requires replacing all battery 

terminal screws, verifying that the 

battery contains design specification 

cells, and replacing the cells if the 

battery contains non-design 

specification cells. This proposed AD 

would require an inspection for certain 

nickel cadmium batteries and, if 

necessary, replacing battery terminal 

screws with new hex head bolts and 

adding shims. This proposed AD is 

prompted by a report of battery screws 

shearing off while under normal torque 

loads. We are proposing this AD to 

prevent internal shorting, arcing, and 

loss of emergency battery power due to 

failed battery screws, which could result 

in loss of emergency power to electrical 

flight components or other emergency 

power systems required in the event of 

loss of the aircraft primary power 

source.

DATES: We must receive comments on 

this proposed AD by January 28, 2005.

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. 

For service information identified in 

this proposed AD, contact Boeing 

Commercial Airplanes, Long Beach 

Division, 3855 Lakewood Boulevard, 

Long Beach, California 90846, 

Attention: Data and Service 

Management, Dept. C1–L5A (D800–

0024). 

You can examine the contents of this 

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., Room PL–401, on the plaza level 

of the Nassif Building, Washington, DC.

FOR FURTHER INFORMATION CONTACT: 

Technical information: Daniel Bui, 

Aerospace Engineer, Systems and 

Equipment Branch, ANM–130L, FAA, 

Los Angeles Aircraft Certification 

Office, 3960 Paramount Boulevard, 

Lakewood, California 90712–4137; 

telephone (562) 627–5339; fax (562) 

627–5210.

Plain language information: Marcia 

Walters, marcia.walters@faa.gov.

SUPPLEMENTARY INFORMATION: 

Docket Management System (DMS) 

The FAA has implemented new 

procedures for maintaining AD dockets 

electronically. As of May 17, 2004, new 

AD actions are posted on DMS and 

assigned a docket number. We track 

each action and assign a corresponding 

directorate identifier. The DMS AD 

docket number is in the form ‘‘Docket 

No. FAA–2004–99999.’’ The Transport 

Airplane Directorate identifier is in the 

form ‘‘Directorate Identifier 2004-NM–

999-AD.’’ Each DMS AD docket also 

lists the directorate identifier (‘‘Old 

Docket Number’’) as a cross-reference 

for searching purposes. 

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 under 

ADDRESSES. Include ‘‘Docket No. FAA–

2004–19809; Directorate Identifier 

2003–NM–284–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 our docket 

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 can 

review the DOT’s complete Privacy Act 

Statement in the Federal Register

published on April 11, 2000 (65 FR 

19477–78), or you can visit http://

dms.dot.gov.

We are reviewing the writing style we 

currently use in regulatory documents. 

We are interested in your comments on 

whether the style of this document is 

clear, and your suggestions to improve 

the clarity of our communications that 

affect you. You can get more 

information about plain language at 

http://www.faa.gov/language and http://

www.plainlanguage.gov.

Examining the Docket 

You can 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 

74462 Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Proposed Rules 

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 DMS 

receives them. 

Discussion 

On September 14, 1998, we issued AD 

98–20–17, amendment 39–10784 (63 FR 

50979, September 24, 1998), for certain 

SAFT America Inc., Part Number (P/N) 

021929–000 (McDonnell Douglas P/N 

43BO34LB02) and P/N 021904–000 

(McDonnell Douglas P/N 43BO34LB03) 

nickel cadmium batteries manufactured 

prior to December 1997 that are 

installed on, but not limited to 

McDonnell Douglas Model DC–9 and 

MD–80 airplanes, all serial numbers. 

(Since the issuance of that AD, we have 

re-identified certain McDonnell Douglas 

airplane model designations to correlate 

with the most recent type certificate 

data sheets for the affected models.) 

That AD requires replacing all battery 

terminal screws, verifying that the 

battery contains design specification 

cells, and replacing the cells if the 

battery contains non-design 

specification cells. That AD was 

prompted by an incident where the cell 

screws on one of the affected batteries 

were exposed to chloride, which caused 

the heads of some fasteners to shear off 

and eventually resulted in the battery 

exploding. We issued that AD to prevent 

that type of occurrence, which could 

result in loss of emergency power to 

electrical flight components or other 

emergency power systems required in 

the event of loss of the aircraft primary 

power source. 

Actions Since Existing AD Was Issued 

Since we issued AD 98–20–17, we 

have received a report indicating that 

the main airplane battery screws that 

attach the link to individual battery 

cells were broken on a McDonnell 

Douglas Model DC–9–83 (MD–83) 

airplane. Investigation revealed that the 

screws failed to meet manufacturing 

quality specifications and resulted in 

the screw heads shearing off while 

under normal torque loads. We have 

also determined that the SAFT nickel 

cadmium batteries specified in the 

applicability of AD 98–20–17 are 

installed only on the McDonnell 

Douglas airplane models specified in 

the applicability of this NPRM, and 

cannot be installed on any other 

airplane model. 

Relevant Service Information 

We have reviewed Boeing Alert 

Service Bulletin (ASB) DC9–24A195, 

dated December 4, 2003. The ASB 

describes procedures for a visual 

inspection to determine if SAFT 

batteries having part number (P/N) 

021904–000 (Type 43BO34LB03) or P/N 

021929–000 (Type 43BO34LB02) are 

installed in the airplane and an 

inspection to determine the code date of 

the battery. For battery codes prior to 

May 2003, the ASB describes 

procedures to modify the batteries. The 

modification consists of replacing the 

screws in the battery with new hex head 

bolts and installing a shim. 

Accomplishing the actions specified in 

the service information is intended to 

adequately address the unsafe 

condition. 

The ASB refers to SAFT Service 

Bulletin 01–02, Revision 2, dated 

August 11, 2003, as an additional source 

of service information for accomplishing 

the modification.

FAA’s Determination and Requirements 

of the Proposed AD 

We have evaluated all pertinent 

information and identified an unsafe 

condition that is likely to exist or 

develop on other products of this same 

type design. This proposed AD would 

supersede AD 98–20–17. This proposed 

AD would require accomplishing the 

actions specified in the service bulletin 

described previously. 

Clarification of Applicability 

The Planning Information section of 

the ASB does not specify Model DC–9–

11, –12, –13, and –15F airplanes in the 

effectivity of the ASB. The manufacturer 

has advised us that those certain models 

are not currently in service. Although 

those models may not currently be in 

service, we have no verification that any 

of those airplanes could not be returned 

to service at a future date. Therefore, the 

applicability of the proposed AD 

includes those models. 

Although the Planning Information 

section of the ASB does include a ‘‘DC–

9–33’’ airplane, the proposed AD does 

not specify that airplane model in the 

applicability. The manufacturer has 

advised that the listing of model was 

inadvertently included in the ASB. The 

manufacturer plans to issue an 

Information Notice to remove the ‘‘DC–

9–33’’ airplanes from the effectivity of 

the ASB. 

Costs of Compliance 

There are about 1,828 airplanes 

worldwide of the affected design. This 

proposed AD would affect about 1,087 

airplanes of U.S. registry. 

The proposed inspection to determine 

if certain SAFT batteries are installed 

would take about 1 work hour per 

airplane, at an average labor rate of $65 

per work hour. Based on these figures, 

the estimated cost of the new actions 

specified in this proposed AD for U.S. 

operators is $70,655, or $65 per 

airplane. 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

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. 

This rulemaking is promulgated 

under the authority described in subtitle 

VII, part A, subpart III, section 44701, 

‘‘General requirements.’’ Under that 

section, the FAA is charged 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 AD. 

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. 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:

Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Proposed Rules 74463

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.

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by 

removing amendment 39–10784 (63 FR 

50979, September 24, 1998) and adding 

the following new airworthiness 

directive (AD):

McDonnell Douglas: Docket No. FAA–2004–

19809; Directorate Identifier 2003–NM–

284–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

must receive comments on this airworthiness 

directive (AD) action by January 28, 2005. 

Affected ADs 

(b) This AD supersedes AD 98–20–17, 

amendment 39–10784 (63 FR 50979, 

September 24, 1998). 

Applicability 

(c) This AD applies to McDonnell Douglas 

Model DC–9–11, DC–9–12, DC–9–13, DC–9–

14, DC–9–15, and DC–9–15F airplanes; 

Model DC–9–21 airplanes; Model DC–9–31, 

DC–9–32, DC–9–32 (VC–9C), DC–9–32F, DC–

9–33F, DC–9–34, DC–9–34F, and DC–9–32F 

(C–9A, C–9B) airplanes; Model DC–9–41 

airplanes; Model DC–9–51 airplanes; 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; 

equipped with SAFT America Inc. nickel 

cadmium batteries having part number (P/N) 

021929–000 or P/N 021904–000 that were 

manufactured before May 2003; certificated 

in any category. 

Unsafe Condition 

(d) This AD was prompted by a report of 

battery screws shearing off while under 

normal torque loads. We are issuing this AD 

to prevent internal shorting, arcing, and loss 

of emergency battery power due to failed 

battery screws, which could result in loss of 

emergency power to electrical flight 

components or other emergency power 

systems required in the event of loss of the 

aircraft primary power source. 

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. 

Inspection for SAFT Nickel Cadmium 

Battery 

(f) Within 18 months of the effective date 

of this AD, perform a general visual 

inspection to determine if a nickel cadmium 

battery having P/N 021904–000 (Type 

43BO34LB03) or P/N 021929–000 (Type 

43BO34LB02) is installed, in accordance 

with Boeing Alert Service Bulletin (ASB) 

DC9–24A195, dated December 4, 2003. 

(1) If neither P/N is installed, no further 

action is required by this paragraph. 

(2) If either P/N is installed, before further 

flight, inspect the battery to determine if the 

battery code date is before May 2003, in 

accordance with the ASB. 

(i) If the battery code is dated May 2003 or 

later, no further action is required by this 

paragraph. 

(ii) If the battery code is dated before May 

2003, before further flight, modify the battery 

in accordance with the ASB.

Note 1: For the purposes of this AD, a 

general visual inspection is ‘‘a visual 

examination of a 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 normal available 

lighting conditions such as daylight, hangar 

lighting, flashlight or drop-light 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.’’

Parts Installation 

(g) As of the effective date of this AD, no 

person may install on any airplane a SAFT 

nickel cadmium battery having either P/N 

021904–000 (Type 43B034LB03) or P/N 

021929–000 (Type 43BO34LB02), unless the 

battery has been modified in accordance with 

this AD or the battery code is dated May 2003 

or later. 

Alternative Methods of Compliance 

(AMOCs) 

(h) The Manager, Los Angles Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested in accordance with the procedures 

found in 14 CFR 39.19.

Issued in Renton, Washington, on 

December 1, 2004. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–27327 Filed 12–13–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2004–19768; Directorate 

Identifier 2004–NM–184–AD] 

RIN 2120–AA64 

Airworthiness Directives; McDonnell 

Douglas Model MD–90–30 Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for all 

McDonnell Douglas Model MD–90–30 

airplanes. This proposed AD would 

require a general visual inspection in 

the electrical/electronics (E/E) 

compartment for damage of the wire 

bundle and aft right radio rack structure 

at station 160.000, and corrective 

actions if necessary. This proposed AD 

would also require modifying the radio 

rack structure and wire bundle routing. 

This proposed AD is prompted by a 

report indicating that burnt wiring was 

discovered in the wire bundle at station 

160.000 in the E/E compartment. We are 

proposing this AD to detect and correct 

chafing of the wire bundle at station 

160.000 against the support bracket 

located on the aft right radio rack, 

which could lead to shorted or burnt 

wires and consequent smoke and fire in 

the E/E compartment.

DATES: We must receive comments on 

this proposed AD by January 28, 2005.

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. 

• By 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. 

For service information identified in 

this proposed AD, contact Boeing 

Commercial Airplanes, Long Beach 

Division, 3855 Lakewood Boulevard, 

Long Beach, California 90846, 

Attention: Data and Service 

Management, Dept. C1–L5A (D800–

0024). 

You can examine the contents of this 

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., room PL–401, on the plaza level of 

the Nassif Building, Washington, DC. 

This docket number is FAA–2004–

19768; the directorate identifier for this 

docket is 2004–NM–184–AD.

FOR FURTHER INFORMATION CONTACT:

Technical information: George Mabuni, 

Aerospace Engineer, Systems and 

Equipment Branch, ANM–130L, FAA, 

Los Angeles Aircraft Certification 

Office, 3960 Paramount Boulevard,