[Federal Register Volume 64, Number 167 (Monday, August 30, 1999)]
[Proposed Rules]
[Pages 47144-47146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22393]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 99-NM-186-AD]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model DC-9-10, -20, -
30, -40, and -50 Series Airplanes, and C-9 (Military) Airplanes
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 certain McDonnell Douglas Model
DC-9-10, -20, -30, -40, and -50 series airplanes, and C-9 (military)
airplanes. This proposal would require a one-time general visual
inspection to detect certain discrepancies in the wiring of the fuel
quantity indicating system (FQIS) in the forward cargo compartment; and
corrective actions, if necessary. This proposal is prompted by a report
indicating that several discrepancies were found in the wiring of the
FQIS due to maintenance or alteration practices. The actions specified
by the proposed AD are intended to prevent excessive electrical energy
from entering the fuel tanks through the FQIS wiring, which could
result in a potential ignition source in the fuel tanks.
DATES: Comments must be received by October 14, 1999.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 99-NM-186-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.
The service information referenced in the proposed rule may be
obtained from 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; or at the FAA,
Transport Airplane Directorate, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard, Lakewood, California.
FOR FURTHER INFORMATION CONTACT: Robert Baitoo, Aerospace Engineer,
Propulsion Branch, ANM-140L, FAA, Transport Airplane Directorate, Los
Angeles Aircraft Certification Office, 3960 Paramount Boulevard,
Lakewood, California 90712-4137; telephone (562) 627-5245; fax (562)
627-5210.
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 notice may be changed in
light of the comments received.
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
[[Page 47145]]
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 notice must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 99-NM-186-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. 99-NM-186-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The FAA has received a report indicating that, during an inspection
of 12 randomly selected McDonnell Douglas DC-9 series airplanes,
certain discrepancies were found in the wiring of the fuel quantity
indicating system (FQIS) in the forward cargo compartment area due to
maintenance or alteration practices. These discrepancies include
missing, loosely installed, or incorrectly sized wiring run attachment
clamps; FQIS wiring that is string-tied in direct contact with other
airplane wiring; and non-FQIS wires routed with the FQIS segmented
conduit. Such conditions, if not corrected, could permit the wires to
chafe against each other, which could permit excessive electrical
energy to enter the fuel tanks through the FQIS wiring. This condition
could result in a potential ignition source in the fuel tanks.
Explanation of Relevant Service Information
The FAA has reviewed and approved McDonnell Douglas Service
Bulletin DC9-28-077, dated June 8, 1999, which describes procedures for
a one-time visual inspection to detect discrepancies (i.e., missing,
loosely installed, or incorrectly sized wiring run attachment clamps;
FQIS wiring that is string-tied in direct contact with other airplane
wiring; and non-FQIS wires routed with the FQIS segmented conduit) in
the wiring of the FQIS, and repairing or rerouting the wires, if
necessary. Accomplishment of the action 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 specified in
the service bulletin described previously, except as discussed below.
The proposed AD also would require that operators report results of
inspection findings to the FAA.
Differences Between Proposed Rule and Service Information
Operators should note that, although the service bulletin
recommends accomplishing the visual inspection at the earliest
practical heavy maintenance period (after the release of the service
bulletin), the FAA has determined that such an interval would not
address the identified unsafe condition 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 (less than one hour). In light of all of these
factors, the FAA finds an 18-month compliance time for initiating the
required actions to be warranted, in that it represents an appropriate
interval of time allowable for affected airplanes to continue to
operate without compromising safety.
Additionally, operators should note that, although the service
bulletin specifies that the inspection findings should be sent to the
manufacturer, this proposal would require the inspection findings to be
sent to the FAA.
Cost Impact
There are approximately 815 airplanes of the affected design in the
worldwide fleet. The FAA estimates that 577 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 $34,620, 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 AD were not adopted.
Regulatory Impact
The regulations proposed herein would 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
proposal would not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
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 99-NM-186-AD.
Applicability: Model DC-9-10, -20, -30, -40, and -50 series
airplanes, and C-9 (military) airplanes; as listed in McDonnell
Douglas Service Bulletin DC9-28-077, dated June 8, 1999;
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
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owner/operator must request approval for an alternative method of
compliance in accordance with paragraph (c) 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 excessive electrical energy from entering the fuel
tanks through the fuel quantity indicating system (FQIS) wiring,
which could result in a potential ignition source in the fuel tanks,
accomplish the following:
Inspection and Corrective Actions
(a) Within 18 months after the effective date of this AD,
perform a one-time general visual inspection to detect discrepancies
in the wiring of the FQIS in the area of the forward cargo
compartment in accordance with McDonnell Douglas Service Bulletin
DC9-28-077, dated June 8, 1999. If any discrepancy is detected,
prior to further flight, perform the corrective actions specified in
the service bulletin, except as provided in paragraph (b) of this
AD.
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.''
Reporting Requirement
(b) Where the service bulletin specifies to submit a report of
inspection findings to Boeing: Within 10 days after accomplishing
the inspection required by paragraph (a) of this AD, submit a report
of the inspection results (both positive and negative findings) to
the Manager, Los Angeles Aircraft Certification Office (ACO), FAA,
Transport Airplane Directorate, 3960 Paramount Boulevard, Lakewood,
California 90712-4137; ATTN: Robert Baitoo; fax (562) 627-5210.
Information collection requirements contained in this regulation
have been approved by the Office of Management and Budget (OMB)
under the provisions of the Paperwork Reduction Act of 1980 (44
U.S.C. 3501 et seq.) and have been assigned OMB Control Number 2120-
0056.
Note 3: Accomplishment of the inspection, corrective action, and
reporting in accordance with McDonnell Douglas All Operator Letter
(AOL) 9-2584, dated February 19, 1999; and Interim DC-9 Forward
Cargo Compartment FQIS Inspection and Information Procedure,
Revision 1, dated February 11, 1999; is acceptable for compliance
with the actions required by paragraphs (a) and (b) of this AD.
Alternative Methods of Compliance
(c) 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 4: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Los Angeles ACO.
Special Flight Permits
(d) 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 August 23, 1999.
Vi L. Lipski,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 99-22393 Filed 8-27-99; 8:45 am]
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