[Federal Register Volume 62, Number 77 (Tuesday, April 22, 1997)]
[Rules and Regulations]
[Pages 19477-19480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9710]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-61-AD; Amendment 39-9995; AD 97-08-07]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-80 Series 
Airplanes and Model MD-88 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to certain McDonnell Douglas Model DC-9-80 series 
airplanes and Model MD-88 airplanes, that currently requires an 
inspection to determine the type of fluorescent light ballasts 
installed in the cabin sidewall; and installation of a protective cover 
on the ballast, replacement, or removal/disconnection of the ballast, 
if necessary. That action also requires, for some airplanes, removal of 
the dust barriers from the outboard ceiling panels, and installation of 
modified outboard ceiling panels. This amendment would add a 
requirement to replace certain ballasts on which a protective cover is 
installed with other ballasts, or removal/disconnection of the ballast. 
This amendment is prompted by additional reports of heavy smoke and 
fumes emitting from the ceiling panels in the forward passenger cabin 
due to the failure of the fluorescent light ballasts. The actions 
specified in this AD are intended to prevent a fire in the passenger 
compartment, which could result from failure of the fluorescent light 
ballast of the upper and lower cabin sidewall, and consequent failure 
of the dust barriers of the outboard ceiling panel.

DATES: Effective May 7, 1997.

    The incorporation by reference of McDonnell Douglas Alert Service 
Bulletin MD80-33A110, dated February 25, 1997, and McDonnell Douglas 
Alert Service Bulletin MD80-33A110, Revision 1, dated March 11, 1997, 
as listed in the regulations, is approved by the Director of the 
Federal Register as of May 7, 1997.
    The incorporation by reference of certain other publications, as 
listed in the regulations, was approved previously by the Director of 
the Federal Register as of June 17, 1996 (61 FR 27251, May 31, 1996).
    Comments for inclusion in the Rules Docket must be received on or 
before June 23, 1997.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 97-NM-61-AD, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056.
    The service information referenced in this AD may be obtained from 
McDonnell Douglas Corporation, 3855 Lakewood Boulevard, Long Beach, 
California 90846, Attention: Technical Publications Business 
Administration, Department C1-L51 (2-60). This information may be 
examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, 
SW., Renton, Washington; or at the FAA, Transport Airplane Directorate, 
Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, 
Lakewood, California; or at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC.


[[Page 19478]]


FOR FURTHER INFORMATION CONTACT: J. Kirk Baker, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130L, FAA, Los Angeles Aircraft 
Certification Office, 3960 Paramount Boulevard, Lakewood, California 
90712; telephone (310) 627-5345; fax (310) 627-5210.

SUPPLEMENTARY INFORMATION: On May 22, 1996, the FAA issued AD 96-11-13, 
amendment 39-9638 (61 FR 27251, May 31, 1996), applicable to certain 
McDonnell Douglas Model DC-9-80 series airplanes and Model MD-88 
airplanes. That AD currently requires a one-time visual inspection to 
determine the type of fluorescent light ballasts installed in the cabin 
sidewall; and installation of a protective cover on the ballast, 
replacement, or removal/disconnection of the ballast, if necessary. 
That AD also requires, for some airplanes, removal of dust barriers 
from the outboard ceiling panels, and installation of modified outboard 
ceiling panels. That action was prompted by reports of smoke, fumes, 
and/or electrical fire emitting from the baggage bin of the aft 
passenger compartment and from the dust barriers of the outboard 
ceiling due to the failure of the fluorescent light ballasts. The 
actions required by that AD are intended to prevent a fire in the 
passenger compartment, which could result from failure of the 
fluorescent light ballast of the upper and lower cabin sidewall, and 
consequent failure of the dust barriers of the outboard ceiling panel.

Actions Since Issuance of Previous Rule

    Since the issuance of that AD, the FAA has received two reports of 
heavy smoke and fumes emitting from the ceiling panels in the forward 
passenger cabin on McDonnell Douglas Model DC-9-80 series airplanes. 
Investigation revealed that the most recent incident occurred following 
accomplishment of the installation of a protective cover on a certain 
Day-Ray Products Incorporated ballast, as required by AD 96-11-13. This 
ballast failed and consequently caused electrical arcing that 
penetrated the protective cover, which resulted in a fire that damaged 
the upper insulation blanket and outboard ceiling panel at station 
1022. At this time, the FAA is unaware if such an installation has been 
accomplished on the Model DC-9-80 series airplane involved in the other 
incident.
    The FAA has determined that installation of a protective cover on 
certain Day-Ray Products Incorporated ballasts, as required by AD 96-
11-13, does not adequately preclude failure of such fluorescent light 
ballasts of the upper and lower cabin sidewall, which could result in a 
fire in the passenger compartment.

Explanation of Relevant Service Information

    Additionally, since issuance of AD 96-11-13, the FAA has reviewed 
and approved McDonnell Douglas Alert Service Bulletin MD80-33A110, 
dated February 25, 1997, and McDonnell Douglas Alert Service Bulletin 
MD80-33A110, Revision 1, dated March 11, 1997. These alert service 
bulletins supersede (but do not cancel) the procedures identified in 
McDonnell Douglas Alert Service Bulletin MD80-33A107, dated April 25, 
1996 (which is referenced in AD 96-11-13 as the appropriate source of 
service information). The procedures in these new alert service 
bulletins are essentially identical to the procedures in Alert Service 
Bulletin MD80-33A107; however, the procedures for installation of a 
protective cover have not been retained in the new alert service 
bulletins.

Explanation of Requirements of Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of this same type design, this AD 
supersedes AD 96-11-13 to continue to require a one-time visual 
inspection to determine the type of fluorescent light ballasts 
installed in the cabin sidewall; and replacement, or removal/
disconnection of the ballast, if necessary. This AD also continues to 
require, for some airplanes, removal of dust barriers from the outboard 
ceiling panels, and installation of modified outboard ceiling panels. 
This AD would add a requirement to replace the currently installed Day-
Ray Products Incorporated ballasts, on which a protective cover is 
installed, with a Bruce Industries Incorporated ballast. All actions 
except the removal/disconnection would be required to be accomplished 
in accordance with alert service bulletins described previously.
    Operators should note that, in addition to the recommendations of 
the alert service bulletins described previously, this AD provides the 
following two additional options for airplanes on which any Day-Ray 
Products Incorporated ballast that has a protective cover is installed:
    1. Replacement of the Day-Ray Products Incorporated ballast and 
protective cover with an FAA-approved solid state electronic light 
ballast system, in accordance with an applicable Supplemental Type 
Certificate (STC) or other method approved by the FAA. Or
    2. Removal or electrical disconnection of the ballast, stowage of 
the ballast, and protection of the loose wiring.
    The FAA finds that accomplishment of these actions will address the 
identified unsafe condition for the affected airplanes.
    Operators should also note that the applicability of the proposal 
differs from the applicability of AD 96-11-13 in the following two 
respects:
    1. The applicability of this AD references two new alert service 
bulletins that are not referenced in the applicability statement of AD 
96-11-13: McDonnell Douglas Alert Service Bulletin MD80-33A110, dated 
February 25, 1997, and Revision 1, dated March 11, 1997. The 
applicability of AD 96-11-13 references: McDonnell Douglas Alert 
Service Bulletin MD80-33A107, dated April 25, 1996, and McDonnell 
Douglas Alert Service Bulletin MD80-25A353, dated March 14, 1996. The 
FAA finds that the effectivity listing of either of the two new alert 
service bulletins includes the same airplanes as those listed in the 
effectivity listings of McDonnell Douglas Alert Service Bulletins MD80-
33A107 and MD80-25A353 combined.
    2. The applicability statement of this AD also includes the phase, 
``excluding airplanes equipped with solid state electronic light 
ballasts.'' (The applicability statement of AD 96-11-13 does not 
include this phrase.) The FAA finds that operators could misinterpret 
the applicability statement of AD 96-11-13, as currently worded, to 
indicate that airplanes equipped with these ballasts are subject to the 
requirements of this AD when they are not. The FAA finds that, even 
though the effectivity listings of the referenced alert service 
bulletins specify such an exception, referencing the alert service 
bulletins alone could lead to a misinterpretation.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications shall identify the

[[Page 19479]]

Rules Docket number and be submitted in triplicate to the address 
specified under the caption ADDRESSES. All communications received on 
or before the closing date for comments will be considered, and this 
rule may be amended in light of the comments received. Factual 
information that supports the commenter's ideas and suggestions is 
extremely helpful in evaluating the effectiveness of the AD action and 
determining whether additional rulemaking action would be needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 97-NM-61-AD.'' The postcard will be date stamped and 
returned to the commenter.

Regulatory Impact

    The regulations adopted herein will not have substantial direct 
effects 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, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, 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

    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

    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]

    2. Section 39.13 is amended by removing amendment 39-9638 (61 FR 
27251, May 31, 1996), and by adding a new airworthiness directive (AD), 
amendment 39-9995, to read as follows:

97-08-07  McDonnell Douglas: Amendment 39-9995. Docket 97-NM-61-AD. 
Supersedes AD 96-11-13, Amendment 39-9638.

    Applicability: Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 
(MD-83), and DC-9-87 (MD-87) and Model MD-88 airplanes, excluding 
airplanes equipped with solid state electronic light ballasts; 
certificated in any category; and listed in the following McDonnell 
Douglas Service Bulletins:
    <bullet> Both McDonnell Douglas Alert Service Bulletin MD80-
33A107, dated April 25, 1996, and McDonnell Douglas Alert Service 
Bulletin MD80-25A353, dated March 14, 1996.
    Or
    <bullet> McDonnell Douglas Alert Service Bulletin MD80-33A110, 
dated February 25, 1997.
    Or
    <bullet> McDonnell Douglas Alert Service Bulletin MD80-33A110, 
Revision 1, dated March 11, 1997.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (e) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of the fluorescent light ballast of the upper 
and lower cabin sidewall, and consequent failure of the dust 
barriers of the outboard ceiling panel, accomplish the following:
    (a) For airplanes listed in McDonnell Douglas Alert Service 
Bulletin MD80-33A107, dated April 25, 1996, and McDonnell Douglas 
Alert Service Bulletin MD80-25A353, dated March 14, 1996: Within 90 
days after June 17, 1996 (the effective date of AD 96-11-13, 
amendment 39-9638), perform a one-time visual inspection to 
determine the type of fluorescent light ballasts installed in the 
upper and lower cabin sidewall, in accordance with McDonnell Douglas 
Alert Service Bulletin MD80-33A107, dated April 25, 1996.

    Note 2: Inspections accomplished prior to the effective date of 
this AD in accordance with McDonnell Douglas Alert Service Bulletin 
MD80-33A110, dated February 25, 1997, or Revision 1, dated March 3, 
1997; are considered acceptable for compliance with the visual 
inspection required by paragraph (a) of this AD.

    (1) If any Bruce Industries Incorporated ballast is installed 
(specified as Condition 1 in the alert service bulletin), no further 
action is required by this paragraph for that ballast.
    (2) If any Day-Ray Products Incorporated ballast is installed 
(specified as Condition 2 in the alert service bulletin), prior to 
further flight, accomplish either paragraph (a)(2)(i) or (a)(2)(ii) 
of this AD.
    (i) Replace it with a Bruce Industries Incorporated ballast, in 
accordance with Condition 2, Option 2, of the alert service 
bulletin. Or

    Note 3: Replacements accomplished prior to the effective date of 
this AD in accordance with McDonnell Douglas Alert Service Bulletin 
MD80-33A110, dated February 25, 1997, or Revision 1, dated March 3, 
1997, are considered acceptable for compliance with the replacement 
required by paragraph (a)(2)(i) of this AD.

    (ii) Remove or disconnect it electrically, stow it, and protect 
the loose wiring.
    (b) For airplanes having manufacturer's fuselage numbers listed 
in McDonnell Douglas Alert Service Bulletin MD80-25A353, dated March 
14, 1996: Within 90 days after June 17, 1996, remove the dust 
barriers from the outboard ceiling panels, and install modified 
outboard ceiling panels, in accordance with McDonnell Douglas Alert 
Service Bulletin MD80-25A353, dated March 14, 1996.
    (c) For airplanes on which the installation of a protective 
cover, as described in McDonnell Douglas Alert Service Bulletin 
MD80-33A107, dated April 25, 1996, has been accomplished [required 
by paragraph (a)(2)(i) of AD 96-11-13]: Within 90 days after the 
effective date of this AD, accomplish paragraph (c)(1), (c)(2), or 
(c)(3) of this AD.
    (1) Replace the Day-Ray Products Incorporated ballast and 
protective cover with a Bruce Industries Incorporated ballast, in 
accordance with Condition 2 of the Accomplishment Instructions of 
Boeing Alert Service Bulletin MD80-33A110, dated February 25, 1997, 
or Revision 1, dated March 11, 1997. Or
    (2) Replace the Day-Ray Products Incorporated ballast and 
protective cover

[[Page 19480]]

with an FAA-approved solid state electronic light ballast system, in 
accordance with an applicable Supplemental Type Certificate (STC) or 
other method approved by the Manager, Los Angeles Aircraft 
Certification Office (ACO), FAA, Transport Airplane Directorate. Or
    (3) Remove the Day-Ray Products Incorporated ballast and 
protective cover or disconnect it electrically, stow it, and protect 
the loose wiring.
    (d) As of the effective date of this AD, no Day-Ray Products 
Incorporated ballast, having any part number identified in paragraph 
1.2 of McDonnell Douglas Alert Service Bulletin MD80-33A107, dated 
April 25, 1996, McDonnell Douglas Alert Service Bulletin MD80-
33A110, dated February 25, 1997, or McDonnell Douglas Alert Service 
Bulletin MD80-33A110, Revision 1, dated March 11, 1997, shall be 
installed on any airplane.
    (e)(1) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Los Angeles ACO. Operators shall 
submit their requests through an appropriate FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Los Angeles ACO.

    Note 4: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Los Angeles ACO.

    (2) Alternative methods of compliance, approved previously in 
accordance with AD 96-11-13, amendment 39-9638, are approved as 
alternative methods of compliance with this AD.
    (f) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.
    (g) The inspection and replacement shall be done in accordance 
with McDonnell Douglas Alert Service Bulletin MD80-33A107, dated 
April 25, 1996; McDonnell Douglas Alert Service Bulletin MD80-
33A110, dated February 25, 1997; and McDonnell Douglas Alert Service 
Bulletin MD80-33A110, Revision 1, dated March 11, 1997. The removal 
of the dust barriers and installations shall be done in accordance 
with McDonnell Douglas Alert Service Bulletin MD80-25A353, dated 
March 14, 1996. The incorporation by reference of McDonnell Douglas 
Alert Service Bulletin MD80-33A107, dated April 25, 1996, and 
McDonnell Douglas Alert Service Bulletin MD80-25A353, dated March 
14, 1996, was approved previously by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 as of 
June 17, 1996 (61 FR 27251, May 31, 1996). The incorporation by 
reference of the remainder of the service documents listed above is 
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 
McDonnell Douglas Corporation, 3855 Lakewood Boulevard, Long Beach, 
California 90846, Attention: Technical Publications Business 
Administration, Department C1-L51 (2-60). Copies may be inspected at 
the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., 
Renton, Washington; or at the FAA, Transport Airplane Directorate, 
Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, 
Lakewood, California; or at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC.
    (h) This amendment becomes effective on May 7, 1997.

    Issued in Renton, Washington, on April 9, 1997.
Darrell M. Pederson,
 Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-9710 Filed 4-21-97; 8:45 am]
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