10380 Federal Register / Vol. 66, No. 32 / Thursday, February 15, 2001 / Proposed Rules

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. 01–3853 Filed 2–14–01; 8:45 am]

BILLING CODE 4910–13–U

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).

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: 9-

anm-nprmcomment@faa.gov. 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

Federal Register / Vol. 66, No. 32 / Thursday, February 15, 2001 / Proposed Rules 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.

§ 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 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

(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