[Federal Register Volume 60, Number 86 (Thursday, May 4, 1995)]
[Rules and Regulations]
[Pages 21977-21979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10588]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 95-NM-68-AD; Amendment 39-9213; AD 95-09-10]


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 adopts a new airworthiness directive (AD) that 
is applicable to certain McDonnell Douglas Model DC-9-80 series 
airplanes and Model MD-88 airplanes. This action requires an inspection 
to detect chafing of or damage to the wire bundle in the overhead 
switch panel of the cockpit, application of spiral wrap to the wire 
bundle, and corrective actions, if necessary. This amendment is 
prompted by reports of chafed and shorted wires that resulted in smoke 
emanating from the overhead switch panel of the cockpit. The actions 
specified in this AD are intended to prevent the potential for fire and 
uncontrolled smoke throughout the cockpit as a result of chafing and 
shorting in the electrical wire bundles.

DATES: Effective May 19, 1995.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 19, 1995.
    Comments for inclusion in the Rules Docket must be received on or 
before July 3, 1995.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 95-NM-68-AD, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056.
    The service information referenced in this AD may be obtained from 
McDonnell Douglas Corporation, P.O. Box 1771, Long Beach, California 
90801-1771, Attention: Business Unit Manager, Technical Administrative 
Support, Dept. L51, M.C. 2-98. This information may be examined at the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or at the FAA, Los Angeles Aircraft Certification Office, 
Transport Airplane Directorate, 3960 Paramount Boulevard, Lakewood, 
California; or at the Office of the Federal Register, 800 North Capitol 
Street, NW., suite 700, Washington, DC.

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 
90712-4137; telephone (310) 627-5345; fax (310) 627-5210.

SUPPLEMENTARY INFORMATION: Recently, the FAA has received reports of 
smoke emanating from the overhead switch panel of the cockpit of Model 
DC-9-80 series airplanes and Model MD-88 airplanes. Investigation 
revealed that the cause of the smoke may be attributed to chafing of a 
wire bundle in the overhead switch panel of the cockpit. This chafed 
wire bundle made contact with the electrical connector of the cabin 
temperature indicator, which resulted in a short circuit. This 
condition, if not corrected, could result in the potential for fire and 
uncontrolled smoke throughout the cockpit.
    The FAA has reviewed and approved McDonnell Douglas DC-9 Alert 
Service Bulletin DC9-24A157, dated April 11, 1995, which describes 
procedures for a one-time visual inspection to detect chafing of the 
wire bundle in the overhead switch panel of the cockpit, application of 
spiral wrap, repair of chafed wire insulation, and splicing of damaged 
wires. The effectivity listing of this service bulletin includes 
certain Model DC-9, DC-9-80, and C-9 (military) series airplanes, and 
Model MD-88 airplanes. This service bulletin recommends a compliance 
time of 6 months.
    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design, this AD is 
being issued to prevent the potential for fire and uncontrolled smoke 
throughout the cockpit. This AD requires a one-time visual inspection 
to detect chafing of or damage to the wire bundle in the overhead 
switch panel of the cockpit, application of spiral wrap to the wire 
bundle, repair of chafed wire insulation, and splicing of damaged 
wires. The actions are required to be accomplished in accordance with 
the service bulletin described previously.
    Operators should note that, although the service bulletin 
recommends that the inspection be performed within 6 months, this AD 
requires that it be performed within 90 days. In light of the 
consequences of fire or smoke in the cockpit, the FAA finds that the 
90-day compliance time is appropriate to ensure the safety of this 
group of airplanes.
    This AD does not apply to Model DC-9 and C-9 (military) series 
airplanes because the wires/wire bundles on these airplanes are 
manufactured of a stronger material than those on Model DC-9-80 series 
airplanes and Model MD-88 airplanes, and are therefore less susceptible 
to the subject damage. Additionally, this AD does not apply to Model 
MD-90-30 series airplanes. Since these airplanes are relatively new, 
the FAA does not anticipate that the wire bundles on these airplanes 
would be chafed as severely as those on the Model DC-9 series 
airplanes, which have been in service for a much longer period of time. 
Further, the reported incidents of smoke in the cockpit occurred only 
on Model DC-9-80 series airplanes and Model MD-88 airplanes. Therefore, 
the FAA is considering further rulemaking action to revise this AD to 
require modification of the wire bundles on Model DC-9-80 series 
airplanes and Model MD-88 airplanes. However, the proposed compliance 
time for the modification is sufficiently long so that notice and time 
for public comment would not be impracticable.
    This is considered to be interim action. The manufacturer has 
advised that it currently is developing a modification that will 
positively address the unsafe condition addressed by this AD. Once this 
modification is developed, approved, and available, the FAA may 
consider additional rulemaking.
    As a result of recent communications with the Air Transport 
Association (ATA) of America, the FAA has learned that, in general, 
some operators may misunderstand the legal effect of AD's on airplanes 
that are identified in the applicability provision of the AD, but that 
have been altered or repaired in the area addressed by the AD. The FAA 
points out that all airplanes identified in the applicability provision 
of an AD are legally subject to the AD. If an airplane has been altered 
or repaired in the affected area in such a way as to affect compliance 
with the AD, the owner or operator is required to obtain FAA approval 
for an alternative method of compliance with the AD, in accordance with 
the paragraph of each AD that provides for such approvals. A note has 
been included in this rule to clarify this long-standing requirement.
    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 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 [[Page 21979]] 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 95-NM-68-AD.'' The postcard will be date stamped and 
returned to the commenter.
    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. App. 1354(a), 1421 and 1423; 49 U.S.C. 
106(g); and 14 CFR 11.89.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

95-09-10  McDonnell Douglas: Amendment 39-9213. Docket 95-NM-68-AD.

    Applicability: Model DC-9-80 series airplanes and Model MD-88 
airplanes; as listed in McDonnell Douglas DC-9 Alert Service 
Bulletin DC9-24A157, dated April 11, 1995; certificated in any 
category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
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 use the authority 
provided in paragraph (b) to request approval from the FAA. This 
approval may address either no action, if the current configuration 
eliminates the unsafe condition; or different actions necessary to 
address the unsafe condition described in this AD. Such a request 
should include an assessment of the effect of the changed 
configuration on the unsafe condition addressed by this AD. In no 
case does the presence of any modification, alteration, or repair 
remove any airplane from the applicability of this AD.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent the potential for fire and uncontrolled smoke 
throughout the cockpit, accomplish the following:
    (a) Within 90 days after the effective date of this AD, perform 
a visual inspection to detect chafing of or damage to the wire 
bundle in the overhead switch panel of the cockpit, in accordance 
with McDonnell Douglas Alert Service Bulletin DC9-24A157, dated 
April 11, 1995.
    (1) If no chafing or damage is detected, prior to further 
flight, apply spiral wrap to the wire bundle in accordance the alert 
service bulletin.
    (2) If the wire insulation is chafed, prior to further flight, 
repair it and then apply spiral wrap to the wire bundle, in 
accordance with the alert service bulletin.
    (3) If the wire conductor is damaged, prior to further flight, 
splice the wires and then apply spiral wrap to the wire bundle, in 
accordance with the alert service bulletin.
    (b) 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 Aircraft Certification 
Office (ACO), FAA, Transport Airplane Directorate. 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 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Los Angeles ACO.

    (c) 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.
    (d) The inspection, application of spiral wrap, repair, and 
splicing shall be done in accordance with McDonnell Douglas Alert 
Service Bulletin DC9-24A157, dated April 11, 1995. 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 McDonnell Douglas Corporation, P.O. 
Box 1771, Long Beach, California 90801-1771, Attention: Business 
Unit Manager, Technical Administrative Support, Dept. L51, M.C. 2-
98. Copies may be inspected at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
FAA, Los Angeles ACO, Transport Airplane Directorate, 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 19, 1995.

    Issued in Renton, Washington, on April 25, 1995.
James V. Devany,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-10588 Filed 5-3-95; 8:45 am]
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