[Federal Register Volume 63, Number 185 (Thursday, September 24, 1998)]
[Rules and Regulations]
[Pages 50979-50981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25124]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-CE-116-AD; Amendment 39-10784; AD 98-20-17]
RIN 2120-AA64
Airworthiness Directives; SAFT America Inc. Part Number (P/N)
021929-000 (McDonnell Douglas P/N 43BO34LB02) and P/N 021904-000
(McDonnell Douglas P/N 43BO34LB03) Nickel Cadmium Batteries
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD) that
applies to certain SAFT America Inc. P/N 021929-000 (McDonnell Douglas
P/N 43BO34LB02) and P/N 021904-000 (McDonnell Douglas P/N 43BO34LB03)
nickel cadmium batteries that are installed on aircraft. This AD
requires replacing all battery terminal screws, verifying that the
battery contains design specification cells, and replacing the cells if
the battery contains non-design specification cells. This AD is the
result of an incident where the cell screws on one of the affected
batteries were exposed to chloride, which caused the heads of some
fasteners to shear off and eventually resulted in the battery
exploding. The actions specified by this AD are intended to prevent
such an occurrence, which could result in loss of emergency power to
electrical flight components or other emergency power systems required
in the event of loss of the aircraft primary power source.
DATES: Effective November 2, 1998.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of November 2, 1998.
ADDRESSES: Service information that applies to this AD may be obtained
from SAFT America Inc., 711 Industrial Boulevard, Valdosta, Georgia
31601; telephone: (912) 245-2820; facsimile: (912) 245-2827. This
information may also be examined at the Federal Aviation Administration
(FAA), Central Region, Office of the Regional Counsel, Attention: Rules
Docket No. 97-CE-116-AD, Room 1558, 601 E. 12th Street, Kansas City,
Missouri 64106; or at the Office of the Federal Register, 800 North
Capitol Street, NW, suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Mr. Hector Hernandez, Aerospace
Engineer, FAA, Atlanta Aircraft Certification Office, One Crown Center,
1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 30349; telephone:
(770) 703-6069; facsimile: (770) 703 6097.
SUPPLEMENTARY INFORMATION:
Events Leading to the Issuance of This AD
A proposal to amend part 39 of the Federal Aviation Regulations (14
CFR part 39) to include an AD that would apply to aircraft that have a
certain SAFT America Inc. P/N 021929-000 (McDonnell Douglas P/N
43BO34LB02) or P/N 021904-000 (McDonnell Douglas P/N 43BO34LB03) nickel
cadmium battery installed was published in the Federal Register as a
notice of proposed rulemaking (NPRM) on March 2, 1998 (63 FR 10156).
The NPRM proposed to require replacing all battery terminal screws,
verifying that the battery contains design specification cells, and
replacing the cells if the battery contains non-design specification
cells. Accomplishment of the proposed action as specified in the NPRM
would be in accordance with SAFT Aviation Batteries Service Bulletin
Document No. A00027, Rev F, dated January 15, 1998.
The NPRM was the result of an incident where the cell screws on one
of the affected batteries were exposed to chloride, which caused the
heads of some fasteners to shear off and
[[Page 50980]]
eventually resulted in the battery exploding.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Comment Issue No. 1: Exclude Those Batteries Maintained by Airlines
One commenter suggests that the AD be developed to identify those
batteries that have undergone repairs by third party vendors or
batteries that were purchased in conditions other than new. Two
commenters state that the AD should not apply to batteries maintained
by airlines with internal battery shops where the repair process is
contained within an FAA-approved maintenance program.
The FAA does not concur. The FAA does not have any information that
would show that the way airlines repair batteries is significantly
different from third party (repair station) processes. While the FAA
realizes that some airlines will not have any problems with the
batteries on their fleet of aircraft, this number would probably be
very closely related to the number of repair stations that maintain
batteries in a very similar manner. The FAA knows of no other way of
assuring that all of the affected batteries have acceptable battery
screws and design specification cells than to require the actions
specified in the NPRM.
In addition, FAA site visits to several maintenance facilities to
review battery maintenance programs revealed that some airlines were
installing incorrect screws, were not using the latest battery
maintenance manual, and were modifying batteries without having the
proper documentation. The FAA will evaluate an airline's maintenance
practices on a case-by-case basis provided that an Aviation Safety
Inspector that is familiar with the maintenance program submits an
alternative method of compliance (AMOC) in accordance with the
procedures in paragraph (d) of this AD. The FAA will evaluate the
submittal and will either approve or deny the AMOC accordingly.
No changes to the final rule have been made as a result of these
comments.
Comment Issue No. 2: Develop a Method of Tracing Those Batteries in
Compliance With the AD
One commenter suggests a part number change be implemented in order
to trace those batteries that are in compliance with the AD. The part
number change will assure that the affected aircraft are not demodified
by non-routine battery replacement and would assist in tracking the
compliance of the AD.
The FAA does not concur that a part number change is necessary. The
manufacturer assigns a part number that is intended to be used for the
life of the battery. This part number establishes traceability and
service history of the battery. When the AD is complied with, the
repair facility or maintenance shop will record and document compliance
with the AD as specified in the Federal Aviation Regulations (14 CFR).
By regulation, an aircraft cannot be legally operated if not in
compliance with an AD; demodifying the battery would put the aircraft
in non-compliance with the AD. However, Saft America Inc. has agreed to
supply a plastic label for the battery that will indicate compliance
with the AD. This label shall not cover the original part number of the
battery. The FAA will include information in the AD to communicate the
availability of the plastic label.
Comment Issue No. 3: Revise the Service Bulletin to Include Certain
Items
One commenter requests that, in order to avoid any confusion, Saft
America Inc. should reference the component maintenance manual in the
Service Bulletin.
One commenter states that the terminal screw CMM IPL figure and
item number is additional information that the airlines will use to
perform the required AD. The commenter requests that it be included in
the service bulletin.
One commenter requests that Saft include a list of authorized
sources for obtaining terminal screws, as this would assist the repair
shop in obtaining the necessary parts.
Saft America Inc. has revised Saft Aviation Batteries Service
Bulletin Document No. A00027 to the Revision G level (dated July 14,
1998) to incorporate reference to the component maintenance manual, to
include a list of suppliers that will assist the repair shops in
obtaining the parts (from an authorized dealer) that are necessary to
comply with the AD, and include the terminal screw CMM IPL figure and
item number. This service bulletin will be incorporated into the AD.
Comment Issue No. 4: Change the Compliance Time/Parts Availability
One commenter requests that the effective date be changed to
coincide with parts availability.
The FAA has been assured by Saft America Inc. that parts will be
available for all aircraft by the compliance time of ``at the next
scheduled battery maintenance that occurs 3 calendar months after the
effective date of this AD or within the next 15 calendar months after
the effective date of this AD, whichever occurs first.''
No change to the final rule has been made as a result of this
comment.
Comment Issue No. 5: Change the Terminal Screw Part Number
One commenter recommends that the terminal screw part be changed to
differentiate the suspect terminal screws from the new terminal screws.
The FAA does not concur. The part number does not appear on the
terminal screw due to the small size of the screw. The part number
appears on the package that the new screw comes in. However, to
differentiate between the screws, the new terminal screws have markings
on the head of the screws (either two adjacent protrusions or two
protrusions 180 degrees apart), while the suspect screws have no
markings.
No changes to the final rule are necessary as a result of this
comment.
The FAA's Determination
After careful review of all available information related to the
subject presented above, the FAA has determined that air safety and the
public interest require the adoption of the rule as proposed except for
the addition of information communicating the availability of the
compliance label from Saft, the incorporation of the revised service
bulletin, and minor editorial corrections. The FAA has determined that
this addition of the compliance label information, the incorporation of
the revised service bulletin, and the minor corrections will not change
the meaning of the AD and will not add any additional burden upon the
public than was already proposed.
Cost Impact
The FAA estimates that 1,004 aircraft in the U.S. registry could
have at least one of the affected batteries installed and will be
affected by this AD, that it will take approximately 16 workhours per
aircraft to accomplish these actions, and that the average labor rate
is approximately $60 an hour. Parts cost approximately $78 per battery
(two batteries per aircraft = $156). Based on these figures, the total
cost impact of this AD on U.S. operators is estimated to be $1,120,464,
or $1,116 per aircraft if all aircraft have two affected batteries
installed.
[[Page 50981]]
Compliance Time of This AD
The unsafe condition specified by this AD is caused by corrosion.
Corrosion can occur regardless of whether the aircraft is in operation.
Therefore, to assure that the unsafe condition specified in this AD
does not go undetected for a long period of time, the compliance is
presented in calendar time instead of hours time-in-service (TIS).
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
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 copy of the final 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, 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 a new airworthiness directive
(AD) to read as follows:
98-20-17 Saft America Inc.: Amendment 39-10784; Docket No. 97-CE-
116-AD.
Applicability: Part Number (P/N) 021929-000 (McDonnell Douglas
P/N 43BO34LB02) and P/N 021904-000 (McDonnell Douglas P/N
43BO34LB03) Nickel Cadmium Batteries manufactured prior to December
1997 that are installed on, but not limited to, McDonnell Douglas
DC-9 and MD-80 aircraft, all serial numbers, certificated in any
category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision that incorporates one of the
affected batteries, regardless of whether it has been modified,
altered, or repaired in the area subject to the requirements of this
AD. For aircraft 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 (d) 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 at the next scheduled battery maintenance
that occurs 3 calendar months after the effective date of this AD or
within the next 15 calendar months after the effective date of this
AD, whichever occurs first, unless already accomplished.
To prevent the battery from shorting out or exploding if the
heads of fasteners become sheared off, which could result in loss of
emergency power to electrical flight components or other emergency
power systems required in the event of loss of the aircraft primary
power source, accomplish the following:
(a) Replace all battery terminal screws, verify that the battery
contains design specification cells, and replace the cells if the
battery contains non-design specification cells. Accomplish these
actions in accordance with the INSTRUCTIONS section of SAFT Aviation
Batteries Service Bulletin Document No. A00027, Rev G, dated July
14, 1998.
(1) A plastic label indicating compliance with the AD may be
obtained from Saft America Inc. at the address specified in
paragraph (e) of this AD.
(2) This label shall not cover the original part number of the
battery.
(3) SAFT Aviation Batteries Service Bulletin Document No.
A00027, Rev G, dated July 14, 1998, provides the option of
purchasing this label from Saft or manufacturing your own label.
(4) This label must be installed on the battery as depicted in
Figures 3 and 4 on page 8 of SAFT Aviation Batteries Service
Bulletin Document No. A00027, Rev G, dated July 14, 1998.
(b) If the actions required by this AD have been previously
accomplished in accordance with SAFT Aviation Batteries Service
Bulletin Document No. A00027, Rev F, dated January 15, 1998, then
the only action required by this AD would be to install a compliance
label on the battery as specified in SAFT Aviation Batteries Service
Bulletin Document No. A00027, Rev G, dated July 14, 1998.
(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 aircraft to a location where
the requirements of this AD can be accomplished.
(d) An alternative method of compliance or adjustment of the
compliance time that provides an equivalent level of safety may be
approved by the Manager, Atlanta Aircraft Certification Office, One
Crown Center, 1895 Phoenix Boulevard, suite 450, Atlanta, Georgia
30349. The request shall be forwarded through an appropriate FAA
Maintenance Inspector, who may add comments and then send it to the
Manager, Atlanta Aircraft Certification Office.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Atlanta Aircraft Certification Office.
(e) The replacements required by this AD shall be done in
accordance with SAFT Aviation Batteries Service Bulletin Document
No. A00027, Rev G, dated July 14, 1998. 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 SAFT America Inc., 711 Industrial Boulevard, Valdosta,
Georgia 31601. Copies may be inspected at the FAA, Central Region,
Office of the Regional Counsel, Room 1558, 601 E. 12th Street,
Kansas City, Missouri, or at the Office of the Federal Register, 800
North Capitol Street, NW, suite 700, Washington, DC.
(f) This amendment becomes effective on November 2, 1998.
Issued in Kansas City, Missouri, on September 14, 1998.
Marvin R. Nuss,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-25124 Filed 9-23-98; 8:45 am]
BILLING CODE 4910-13-U
