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[Federal Register Volume 66, Number 32 (Thursday, February 15, 2001)]
[Proposed Rules]
[Pages 10380-10381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3854]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-207-AD]
RIN 2120-AA64

Airworthiness Directives; McDonnell Douglas Model DC-9-32 Series 
Airplanes Modified per Supplemental Type Certificate SA4371NM

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to all McDonnell Douglas Model DC-9-
32 series airplanes modified per Supplemental Type Certificate 
SA4371NM. This proposal would require an inspection to determine if 
certain ground wires on the water heater of each lavatory are 
installed, and corrective action, if necessary. This action is 
necessary to detect improper grounding of a water heater, which, 
coupled with an internal short in the water heater, could result in 
heat or smoke damage or a fire on the airplane. This action is intended 
to address the identified unsafe condition.

DATES: Comments must be received by April 2, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-207-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2000-NM-207-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Hexcel Interiors, 3225 Woburn Street, Bellingham, 
Washington 98226; or Boeing Commercial Aircraft Group, Long Beach 
Division, 3855 Lakewood Boulevard, Long Beach, California 90846, 
Attention: Technical Publications Business Administration, Dept. C1-L51 
(2-60). This information may be examined at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Don Eiford, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056; telephone (425) 227-2788; fax (425) 227-1181.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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 above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the proposed 
AD is being requested.
     Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed 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 summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2000-NM-207-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2000-NM-207-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received a report indicating that overheating of the 
water heater in an aft lavatory caused heat and smoke damage on a 
McDonnell Douglas Model DC-9-32 series airplane. The water heater was 
installed per Hexcel Supplemental Type Certificate (STC) SA4371NM, 
which was approved by the Seattle Aircraft Certification Office. 
Investigation revealed that the affected water heater was not grounded 
correctly. Further investigation revealed that the water heater in the 
other aft lavatory on the airplane also was not grounded correctly. The 
missing ground wires should have been installed during the installation 
of the lavatory on the airplane. If not corrected, in the event of an 
internal short in the water heater, this condition could result in heat 
or smoke damage or a fire on the airplane. Incorrect grounding could 
also cause an electric shock to a person who touches the water heater.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Hexcel Service Bulletin 110000-
25-001, dated March 31, 2000, which describes procedures for a one-time 
general visual inspection to determine if ground wires are installed 
between the top of the water heater and the sink unit, and between the 
sink unit and the mounting flange of the toilet flush timer module, on 
each lavatory. The service bulletin also describes procedures for 
installation of a ground wire assembly if any ground wire is not 
installed. Accomplishment of the actions specified in the service 
bulletin is intended to adequately address the identified unsafe 
condition.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other products of this same type design, the 
proposed AD would require accomplishment of the actions

[[Page 10381]]

specified in the service bulletin described previously, except as 
discussed below.

Difference Between Proposed Rule and Service Bulletin

    Operators should note that, although the service bulletin 
recommends accomplishing the inspection at the next convenience 
maintenance check, the FAA has determined that a more specific 
compliance time is needed to ensure that the identified unsafe 
condition is addressed in a timely manner. In developing an appropriate 
compliance time for this AD, the FAA considered not only the 
manufacturer's recommendation, but the degree of urgency associated 
with addressing the subject unsafe condition, the average utilization 
of the affected fleet, and the time necessary to perform the 
inspection. In light of all of these factors, the FAA finds an 18-month 
compliance time for completing the proposed actions to be warranted, in 
that it represents an appropriate interval of time allowable for 
affected airplanes to continue to operate without compromising safety.

Cost Impact

    There are approximately 30 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 20 airplanes of U.S. registry 
would be affected by this proposed AD, that it would take approximately 
1 work hour per airplane to accomplish the proposed inspection, and 
that the average labor rate is $60 per work hour. Based on these 
figures, the cost impact of the proposed AD on U.S. operators is 
estimated to be $1,200, or $60 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this proposed 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 proposed herein 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. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this 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) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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 adding the following new 
airworthiness directive:

McDonnell Douglas: Docket 2000-NM-207-AD.

    Applicability: Model DC-9-32 series airplanes modified per 
Hexcel Supplemental Type Certificate (STC) SA4371NM, as listed in 
Hexcel Service Bulletin 110000-25-001, dated March 31, 2000; 
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 request approval for an 
alternative method of compliance in accordance with paragraph (b) 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 detect improper grounding of a water heater, which, coupled 
with an internal short in the water heater, could result in heat or 
smoke damage or a fire on the airplane, accomplish the following:

Inspection and Corrective Action

    (a) Within 18 months after the effective date of this AD, 
perform a one-time general visual inspection to determine if ground 
wires are installed between the top of the water heater and the sink 
unit and between the sink unit and the mounting flange of the toilet 
flush timer module on each lavatory, per Hexcel Service Bulletin 
110000-25-001, dated March 31, 2000. If any ground wire is not 
installed, before further flight, install a ground wire assembly per 
the service bulletin.

    Note 2: 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 under normally 
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.''

Alternative Methods of Compliance

    (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, Seattle Aircraft Certification 
Office (ACO), FAA. Operators shall submit their requests through an 
appropriate FAA Principal Maintenance Inspector, who may add 
comments and then send it to the Manager, Seattle ACO.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Seattle ACO.

Special Flight Permits

    (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.

    Issued in Renton, Washington, on February 9, 2001.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-3854 Filed 2-14-01; 8:45 am]
BILLING CODE 4910-13-P
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