[Federal Register Volume 64, Number 28 (Thursday, February 11, 1999)]
[Rules and Regulations]
[Pages 6788-6791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3189]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 96-NM-163-AD; Amendment 39-11034; AD 99-04-10]
RIN 2120-AA64
Airworthiness Directives; Transport Category Airplanes Equipped
With Day-Ray Products, Inc., Fluorescent Light Ballasts
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to any transport category airplane that is equipped with
certain Day-Ray fluorescent light ballasts installed in the upper and/
or lower cabin sidewall, that requires a visual inspection to determine
the type of fluorescent light ballasts installed in the cabin sidewall,
and the replacement of suspect ballasts with new or serviceable
ballasts. This amendment is prompted by reports of smoke, fumes, and/or
electrical fire emitting from the baggage bin of the aft passenger
compartment due to the failure of the fluorescent light ballasts. The
actions specified by this AD are intended to prevent fire in the
passenger compartment resulting from failure of the fluorescent light
ballast of the cabin sidewall.
DATES: Effective March 18, 1999.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of March 18, 1999.
ADDRESSES: The service information referenced in this AD may be
obtained from Day-Ray Products, Inc., 1133 Mission Street, South
Pasadena, California 91031; or Hexcel Corporation, Heath Tecna
Interiors, 3225 Woburn Street, Bellingham, Washington 98226; or The
Boeing Company, Douglas Products Division, 3855 Lakewood Boulevard,
Long Beach, California 90846, Attention: Technical Publications
Business Administration, Department C1-L51 (2-60); or Boeing Commercial
Airplane Group, P.O. Box 3707, Seattle, Washington 98124-2207. This
information may be examined at the Federal Aviation Administration
(FAA), Transport Airplane Directorate, Rules Docket, 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.
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: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to any transport category airplane
that is equipped with certain Day-Ray fluorescent light ballasts
installed in the upper and/or lower cabin sidewall was published as a
supplemental notice of proposed rulemaking (NPRM) in the Federal
Register on February 19, 1998 (63 FR 8374). That action proposed to
require a visual inspection to determine the type of fluorescent light
ballasts installed in the cabin sidewall, and the replacement of
suspect ballasts with new or serviceable ballasts.
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Support for the Proposal
Several commenters support the proposed rule.
Request To Revise Cost Impact Information
One commenter states that, based on prior experience with replacing
the light ballasts on its airplanes, the work hours necessary to
accomplish the proposed replacement is greater than the estimate of 50
work hours per airplane, and the parts cost is greater than the
estimate of $8,550 per airplane (which were the estimates provided in
the proposed rule). The FAA infers that the commenter is requesting
that the estimates for the work hours and parts cost specified in the
cost impact information of the proposed rule be revised upward in the
final rule.
The FAA does not concur with the commenter's request to revise the
cost impact information. As stated in the supplemental NPRM, the FAA
used an average of $150 per ballast parts cost and 57 light ballasts
per airplane to estimate the cost impact of the proposal. Also, the
estimate of 50 work hours necessary for the replacement is based on the
estimated average number of 57 ballasts per airplane. The FAA
recognizes that actual per-airplane costs will vary, because different
airplane models have different numbers of ballasts, and the cost of
parts and the number of work hours necessary to install those parts are
different for different airplane models. Also, because this final rule
is applicable to all transport category airplanes that are equipped
with Day-Ray fluorescent light ballasts having certain part numbers,
and is not limited to specific airplane models, it is not possible for
the FAA to provide precise cost estimates for all affected airplanes.
For these reasons, the FAA finds that no change to the cost impact
information stated in the final rule is necessary.
Request To Remove Airplanes From Applicability
Several commenters request that McDonnell Douglas DC-9-80 series
airplanes and MD-88 airplanes be excluded from the applicability of the
proposed rule. The commenters state that AD 97-08-07, amendment 39-9995
(62 FR 28798, May 28, 1997), already requires the removal and
replacement of Day-Ray ballasts from those airplanes.
The FAA concurs with the commenters' request to remove McDonnell
Douglas DC-9-80 series airplanes and MD-88 airplanes from the
applicability of this AD. The FAA finds that these airplanes are
subject to the requirements of AD 97-08-07. Therefore, the
applicability statement of this final rule has been revised to
eliminate reference to McDonnell Douglas DC-9-80 series airplanes and
MD-88 airplanes. Also, Table 2 of this final rule has been revised to
remove two service bulletins that were listed in the proposed rule as
appropriate sources of service information for the
[[Page 6789]]
replacement of light ballasts on McDonnell Douglas DC-9-80 series
airplanes and MD-88 airplanes.
Request To Reference New Service Information
One commenter requests that the supplemental NPRM be revised to
reference McDonnell Douglas Service Bulletin DC9-33-111, dated May 6,
1997, in lieu of McDonnell Douglas Service Bulletin DC9-33-103, dated
May 30, 1996, which was cited in the supplemental NPRM as the
appropriate source of service information for accomplishment of certain
proposed actions. The commenter notes that McDonnell Douglas Service
Bulletin DC9-33-103 provides an option to install a protective cover
over the subject light ballast; however, the FAA issued the
supplemental NPRM to eliminate the option to install such protective
covers. The commenter states that the effectivity listing is the same
in both service bulletins.
The FAA partially concurs with the commenter's request. The FAA has
reviewed and approved McDonnell Douglas Service Bulletin DC9-33-111,
and has determined that, for McDonnell Douglas Model DC-9-30, -40, and
-50 series airplanes, replacement of existing Day-Ray light ballasts
with new or serviceable light ballasts in accordance with that service
bulletin is an acceptable method of compliance for the requirements of
this AD.
However, the FAA's intent is that McDonnell Douglas Service
Bulletin DC9-33-103 is an acceptable source of service information for
accomplishment of the requirements of paragraph (a) of this AD,
provided that no protective covers are installed. Therefore, Table 2 of
the final rule has been revised to add McDonnell Douglas Service
Bulletin DC9-33-111 as an acceptable source of service information for
accomplishment of the requirements of this AD. In addition, NOTE 2 has
been added to the final rule to specify that, ``Replacement of light
ballasts on McDonnell Douglas Model DC-9-30, -40, and -50 series
airplanes; in accordance with McDonnell Douglas Service Bulletin DC9-
33-103, dated May 30, 1996; is acceptable for compliance with the
requirements of paragraph (a) of this AD, provided that no protective
covers are installed on the light ballasts.''
Request To Allow Records Search in Lieu of Inspection
One commenter requests that the FAA allow operators to search their
airplane records to determine if suspect ballasts are installed, in
lieu of performing the inspection specified in paragraph (a) of the
supplemental NPRM. The commenter provides no justification for its
request.
The FAA does not concur with the commenter's request to allow a
records search in lieu of the inspection. The FAA finds that, although
some operators' records may be excellent, a records search may not
provide an adequate level of safety assurance for all airplanes in the
transport fleet. No change to the final rule is necessary in this
regard.
Request To Extend Compliance Time
Two commenters request that the compliance time for the replacement
of suspect ballasts be extended beyond the proposed 12 months to allow
accomplishment of the replacement during regularly scheduled ``C''
checks. One of the commenters notes that there has not been a single
incident of a fire on McDonnell Douglas DC-10 series airplanes that was
attributed to the subject light ballast.
The FAA does not concur with the commenters' request to extend the
compliance time. The FAA has considered the severity of the unsafe
condition (fire in the passenger compartment resulting from failure of
the fluorescent light ballast of the cabin sidewall) and has determined
that 12 months after the effective date of this AD represents an
appropriate compliance time to ensure the safety of the transport
airplane fleet. The FAA also has determined that a sufficient supply of
parts is available to allow for accomplishment of the replacement
within that timeframe. No change to the final rule is necessary in this
regard. However, under the provisions of paragraph (c) of this final
rule, the FAA may approve requests for adjustment of the compliance
time in cases where the operator presents evidence that an alternate
method of compliance would provide an acceptable level of safety.
Request To Allow Use of Alternative Type of Replacement Ballast
One commenter requests that the FAA allow a new type of replacement
ballast, manufactured by Day-Ray, to be installed as an alternative to
the light ballasts manufactured by Bruce Industries that were specified
in paragraph (a) of the supplemental NPRM. The commenter states that it
anticipates FAA approval of the design prior to issuance of the final
rule.
The FAA does not concur with the commenter's request to approve the
use of a new Day-Ray ballast. The new replacement ballast to which the
commenter refers has not been approved as of the issuance of this final
rule, and the FAA cannot approve the installation of a particular part
prior to design approval of that part. Furthermore, the FAA finds that
to delay this rulemaking action would be inappropriate in light of the
identified unsafe condition. However, once a new ballast has been
approved, under the provisions of paragraph (c) of this final rule, the
FAA may approve requests for an alternative method of compliance to
allow use of such a new ballast. No change to the final rule is
necessary in this regard.
Conclusion
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule with the changes described
previously. The FAA has determined that these changes will neither
increase the economic burden on any operator nor increase the scope of
the AD.
Cost Impact
There are approximately 2,500 transport category airplanes of the
affected design in the worldwide fleet. The FAA estimates that 1,800
airplanes of U.S. registry will be affected by this AD.
It will take approximately 25 work hours per airplane to accomplish
the required inspection, at an average labor rate of $60 per work hour.
Based on these figures, the cost impact of the AD on U.S. operators is
estimated to be $1,500 per airplane.
Should an operator be required to accomplish the replacement of the
light ballasts, it will require approximately 50 work hours per
airplane, at an average labor rate of $60 per work hour. Required parts
will average approximately $8,550 per airplane, which represents a cost
of $150 per ballast and an average of 57 ballasts per airplane. Based
on these figures, the cost impact of the replacement required by this
AD on U.S. operators is estimated to be $11,550 per airplane.
The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the 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 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
[[Page 6790]]
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.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) 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 final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it 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 adding the following new
airworthiness directive:
99-04-10 Transport Category Airplanes: Amendment 39-11034. Docket
96-NM-163-AD.
Applicability: Airplanes equipped with Day-Ray Products, Inc.,
cabin sidewall fluorescent light ballasts having part numbers listed
in Table 1 of this AD; including, but not limited to, McDonnell
Douglas Model DC-9, DC-10, and C-9 (military) series airplanes; and
Boeing Model 707, 727, and 737 series airplanes; certificated in any
category.
Table 1.--Fluorescent Light Ballasts Subject to this AD
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Name Part No.
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Day-Ray.................................... 69-10
69-10-1
69-68
69-68-1
69-69
69-69-1
70-94
70-94-1
83-12
83-12-1
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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 (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 fire in the passenger compartment resulting from
failure of the fluorescent light ballast of the cabin sidewall,
accomplish the following:
(a) Within 12 months after the effective date of this AD,
perform a one-time visual inspection to determine the type of
fluorescent light ballasts installed in the upper and lower cabin
sidewall. If any ballast installed has a part number that is listed
in Table 1 of this AD, prior to further flight, remove the Day-Ray
light ballast and replace it with a light ballast manufactured by
Bruce Industries, in accordance with the applicable service
bulletin(s) listed in Table 2 of this AD.
Table 2.--Service Bulletins Containing Instructions for Accomplishing
the Requirements of this AD
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Service bulletin number and date Affected airplanes
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McDonnell Douglas, DC-9 Service Model DC-9-30, -40, and -50
Bulletin DC9-33-103, May 30, 1996. series airplanes listed in
effectivity of service
bulletin.
McDonnell Douglas, DC-9 Service Model DC-9-30, -40, and -50
Bulletin DC9-33-111, May 6, 1997. series airplanes listed in
effectivity of service
bulletin.
McDonnell Douglas, DC-10 Service Model DC-10-10, -15, -30, and -
Bulletin DC10-33-073, June 18, 1996. 40 series airplanes and KC-10A
airplanes listed in
effectivity of service
bulletin.
Heath Tecna, Alert Service Bulletin McDonnell Douglas Model DC-8
MarkI-33-A2, Revision 1, July 24, 1996. series airplanes retrofitted
with Heath Tecna Mark I
interior.
Heath Tecna, Alert Service Bulletin Boeing Model 707 series
MarkI-33-A3, Revision 1, July 24, 1996. airplanes retrofitted with the
Heath Tecna Mark I interior.
Heath Tecna, Alert Service Bulletin Boeing Model 727 series
MarkI-33-A4, Revision 1, July 24, 1996. airplanes retrofitted with the
Heath Tecna Mark I interior.
Heath Tecna, Alert Service Bulletin Boeing Model 737 series
MarkI-33-A5, Revision 1, July 24, 1996. airplanes retrofitted with the
Heath Tecna Mark I interior.
Heath Tecna, Alert Service Bulletin Boeing Model 727 series
Spmk-33-A1, Revision 1, July 24, 1996. airplanes, retrofitted with
the Heath Tecna Spacemaker II
or Spacemaker IIa interior.
Heath Tecna, Alert Service Bulletin Boeing Model 737 series
Spmk-33-A2, Revision 1, July 24, 1996. airplanes, retrofitted with
the Heath Tecna Spacemaker II
or Spacemaker IIa interior.
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Note 2: Replacement of light ballasts on McDonnell Douglas Model
DC-9-30, -40, and -50 series airplanes; in accordance with McDonnell
Douglas Service Bulletin DC9-33-103, dated May 30, 1996; is
acceptable for compliance with the requirements of paragraph (a) of
this AD, provided that no protective covers are installed on the
light ballasts.
(b) As of the effective date of this AD, no person shall install
in the upper or lower cabin sidewall of any airplane a Day-Ray
fluorescent light ballast having a part number listed in Table 1 of
this AD.
(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
[[Page 6791]]
Inspector, who may add comments and then send it to the Manager, Los
Angeles ACO.
Note 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Los Angeles ACO.
(d) Special flight permits may be issued in accordance with
Secs. 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.
(e) The replacement shall be done in accordance with the
following McDonnell Douglas and Heath Tecna service bulletins, as
applicable, which contain the specified list of effective pages:
----------------------------------------------------------------------------------------------------------------
Service bulletin referenced and Revision level shown on
date Page No. page Date shown on page
----------------------------------------------------------------------------------------------------------------
McDonnell Douglas, DC9-33-103, 1-10..................... Original................ May 30, 1996.
May 30, 1996.
McDonnell Douglas, DC9-33-111, 1-10..................... Original................ May 6, 1997.
May 6, 1997.
McDonnell Douglas, DC10-33-073, 1-9...................... Original................ June 18, 1996.
June 18, 1996.
Heath Tecna, Alert Service 1-3,5.................... New..................... April 3, 1996.
Bulletin, MarkI-33-A2, Revision 4........................ 1....................... July 24, 1996.
1, July 24, 1996.
Heath Tecna, Alert Service 1-2...................... New..................... April 4, 1996.
Bulletin, MarkI-33-A3, Revision 3-4...................... 1....................... July 24, 1996.
1, July 24, 1996.
Heath Tecna, Alert Service 1-2...................... New..................... April 8, 1996.
Bulletin, MarkI-33-A4, Revision 3-4...................... 1....................... July 24, 1996.
1, July 24, 1996.
Heath Tecna, Alert Service 1-2...................... New..................... April 9, 1996.
Bulletin, MarkI-33-A5, Revision 3-4...................... 1....................... July 24, 1996.
1, July 24, 1996.
Heath Tecna, Alert Service 1-2...................... New..................... April 10, 1996.
Bulletin, Spmk-33-A1, Revision 3-4...................... 1....................... July 24, 1996.
1, July 24, 1996.
Heath Tecna, Alert Service 1-2...................... New..................... April 11, 1996.
Bulletin, Spmk-33-A2, Revision 3-4...................... 1....................... July 24, 1996.
1, July 24, 1996.
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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 Day-Ray Products, Inc., 1133 Mission
Street, South Pasadena, California 91031; or Hexcel Corporation,
Heath Tecna Interiors, 3225 Woburn Street, Bellingham, Washington
98226; or The Boeing Company, Douglas Products Division, 3855
Lakewood Boulevard, Long Beach, California 90846, Attention:
Technical Publications Business Administration, Department C1-L51
(2-60); or Boeing Commercial Airplane Group, P.O. Box 3707, Seattle,
Washington 98124-2207. 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.
(f) This amendment becomes effective on March 18, 1999.
Issued in Renton, Washington, on February 4, 1999.
John J. Hickey,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 99-3189 Filed 2-10-99; 8:45 am]
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