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, 

74464 Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Proposed Rules 

Lakewood, California 90712–4137; 

telephone (562) 627–5341; 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–

2004–19768; Directorate Identifier 

2004–NM–184–AD’’ in the subject line 

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 

submitted 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 can 

review 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 9:00 a.m. and 

5:00 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 DMS 

receives them. 

Discussion 

We have received a report indicating 

that, during operator troubleshooting of 

a chronic ‘‘Stall Ind Failure’’ message on 

an MD–90–30 airplane, burnt wiring 

was discovered in the wire bundle at 

station 160.000 in the electrical/

electronics (E/E) compartment. Operator 

investigation determined that this was 

caused by chafing of the wire bundle 

against the support bracket located on 

the aft right radio rack. The operator 

discovered the wire bundle riding the 

support bracket on 15 more airplanes 

and the manufacturer found similar 

riding and wire chafing on two more 

airplanes. In addition, the 

manufacturer’s inspection revealed 

another location of wire chafing on the 

aft right radio rack. This condition, if 

not corrected, could lead to shorted or 

burnt wires and consequent smoke and 

fire in the E/E compartment. 

Relevant Service Information 

We have reviewed McDonnell 

Douglas Alert Service Bulletin MD90–

24A080, Revision 1, dated August 5, 

2004. The service bulletin describes 

procedures for 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. The 

corrective actions include repairing or 

replacing damaged wires and repairing 

any radio rack structural damage. The 

service bulletin also describes 

procedures for modifying the radio rack 

structure and rerouting the wire 

assembly. Accomplishing the actions 

specified in the service information is 

intended to 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 exist or 

develop on other airplanes of this same 

type design. Therefore, we are 

proposing this AD, which would require 

accomplishing the actions specified in 

the service information described 

previously. 

Clarification of Inspection Terminology 

In this proposed AD, the ‘‘visual 

inspection’’ specified in the Boeing 

service bulletin is referred to as a 

‘‘general visual inspection.’’ We have 

included the definition for a general 

visual inspection in Note 1 of this 

proposed AD. 

Costs of Compliance 

There are about 105 airplanes of the 

affected design in the worldwide fleet. 

This proposed AD would affect about 21 

airplanes of U.S. registry. The proposed 

actions would take about 5 work hours 

per airplane, at an average labor rate of 

$65 per work hour. Required parts 

would cost about $3,479 per airplane. 

Based on these figures, the estimated 

cost of the proposed AD for U.S. 

operators is $79,884, or $3,804 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 safety 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; 

Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Proposed Rules 74465

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:

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 adding 

the following new airworthiness 

directive (AD):

McDonnell Douglas: Docket No. FAA–2004–

19768; Directorate Identifier 2004–NM–

184–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

(FAA) must receive comments on this AD 

action by January 28, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all McDonnell 

Douglas Model MD–90–30 airplanes; 

certificated in any category. 

Unsafe Condition 

(d) This AD was prompted by a report 

indicating that burnt wiring was discovered 

in the wire bundle at station 160.000 in the 

electrical/electronics (E/E) compartment. We 

are issuing 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. 

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 

(f) Within 18 months after the effective 

date of this AD, perform a general visual 

inspection in the E/E compartment for 

damage of the wire bundle and aft right radio 

rack structure at station 160.000; do any 

applicable corrective actions; and modify the 

radio rack structure and reroute the wire 

assembly; by accomplishing all of the actions 

specified in the Accomplishment 

Instructions of McDonnell Douglas Alert 

Service Bulletin MD90–24A080, Revision 1, 

dated August 5, 2004.

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.’’

Alternative Methods of Compliance 

(AMOCs) 

(g) 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.

Issued in Renton, Washington, on 

November 26, 2004. 

Kevin M. Mullin, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–27328 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–2004–19810; Directorate 

Identifier 2004–NM–119–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 737–600, –700, and –800 Series 

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 

certain Boeing Model 737–600, –700, 

and –800 series airplanes. This 

proposed AD would require doing a 

general visual inspection for sealant at 

the interface of the upper spar fittings, 

strut side skins, and the fittings of the 

thrust reverser strut fairing on the 

engine struts; and applying an injection 

seal or silicone sponge rubber with fillet 

seal if necessary. This proposed AD is 

prompted by a report that an injection 

seal in the engine strut area may not 

have been properly completed or 

installed during production. We are 

proposing this AD to prevent flammable 

fluid (such as fuel or hydraulic fluid) 

from leaking onto a hot engine exhaust 

nozzle or into the engine core fire zone, 

and consequently cause an uncontrolled 

fire or explosion.

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, P.O. Box 3707, 

Seattle, Washington 98124–2207. 

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: Doug Pegors, 

Aerospace Engineer, Propulsion Branch, 

ANM–140S, FAA, Seattle Aircraft 

Certification Office, 1601 Lind Avenue, 

SW., Renton, Washington 98055–4056; 

telephone (425) 917–6504; fax (425) 

917–6590. 

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