[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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