[Federal Register: July 29, 2004 (Volume 69, Number 145)]
[Rules and Regulations]
[Page 45239-45241]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29jy04-7]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-215-AD; Amendment 39-13747; AD 2004-15-13]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model DC-9-81 (MD-
81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), and Model MD-88
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain McDonnell Douglas Model DC-9-81 (MD-81), DC-9-82
(MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), and Model MD-88 airplanes,
that requires replacement of certain freeze protection ribbon heaters
in the lavatory water supply system, and flushing, cleaning, and
sterilizing the potable water system; disconnecting, coiling, and
stowing the wiring of the freeze protection ribbon heater; or removal
of freeze protection heaters. This action is necessary to prevent
failure of freeze protection ribbon heaters, which could result in the
charring, scorching, smoking, and shorting out of freeze protection
ribbon heaters in the lavatory water supply system. This condition, if
not corrected, could also result in electrical arcing of freeze
protection ribbon heaters, leading to fire and damage to water lines
and components under the lavatory sink. This action is intended to
address the identified unsafe condition.
DATES: Effective September 2, 2004.
The incorporation by reference of a certain publication listed in
the regulations is approved by the Director of the Federal Register as
of September 2, 2004.
ADDRESSES: The service information referenced in this AD may be
obtained from Boeing Commercial Airplanes, Long Beach Division, 3855
Lakewood Boulevard, Long Beach, California 90846, Attention: Data and
Service Management, Dept. C1-L5A (D800-0024). 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, Los Angeles Aircraft Certification Office,
3960 Paramount Boulevard, Lakewood, California; or at the National
Archives
[[Page 45240]]
and Records Administration (NARA). For information on the availability
of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.
FOR FURTHER INFORMATION CONTACT: Cheyenne Del Carmen, Aerospace
Engineer, Systems and Equipment Branch, ANM-130L, FAA, Los Angeles
Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood,
California 90712-4137; telephone (562) 627-5338; fax (562) 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 certain McDonnell Douglas Model
DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), and
Model MD-88 airplanes was published in the Federal Register on December
5, 2003 (68 FR 67978). That action proposed to require replacement of
certain freeze protection ribbon heaters in the lavatory water supply
system, and flushing, cleaning, and sterilizing the potable water
system; disconnecting, coiling, and stowing the wiring of the freeze
protection ribbon heater; or removal of freeze protection heaters.
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.
Request for Credit for Actions Accomplished per Alternative Service
Bulletin
One commenter requests that the FAA give credit for actions
accomplished in accordance with McDonnell Douglas MD-80 Service
Bulletin 38-56, dated September 20, 1991. The commenter states that the
McDonnell Douglas service bulletin refers to Jamco Corporation Service
Bulletin MD080-25-829 as an additional source of service information
for ``instructions to replace the modular lavatory potable water supply
hose and ribbon heater.''
We agree, since we find that both Boeing Alert Service Bulletin
MD80-25A381, dated August 5, 2002; and McDonnell Douglas MD-80 Service
Bulletin 38-56, dated September 20, 1991, as revised by McDonnell
Douglas MD-80 Service Bulletin Change Notification 38-56 CN1, dated
June 11, 1992; refer to Jamco Corporation Service Bulletin MD080-25-829
as an additional source of service information for instructions on
replacing the existing freeze protection ribbon heater in the lavatory
water supply system with a new, reidentified heater hose assembly.
Therefore, we have determined that completion of all the steps in the
Accomplishment Instructions of McDonnell Douglas MD-80 Service Bulletin
38-56, dated September 20, 1991, is acceptable for compliance with the
corresponding actions specified in paragraph (a)(1) of this final rule.
We have added new paragraph (b) to this final rule to give credit for
accomplishment of the alternative service bulletin.
Request To Use Latest Revision of Jamco Service Bulletin
Another commenter requests that we revise the proposed AD to
reference Revision 6 of Jamco Corporation Service Bulletin MD080-25-829
as an additional source of service information. The commenter states
that Revision 6 is ``in the approval cycle,'' and that if it is
approved ''. . . and the AD restates the version of the Jamco service
bulletin, there will be a problem.'' The commenter provided no
justification for the request.
We agree with the commenter's request to reference Jamco
Corporation Service Bulletin MD080-25-829, Revision 6, dated March 10,
2003. We find that Revision 6 of the Jamco service bulletin describes
procedures that are essentially the same as the procedures described in
Revision 5 of the Jamco service bulletin. Therefore, we have revised
Note 1 of this final rule to reference Revision 6 of the Jamco service
bulletin as an additional source of service information.
Explanation of Change to Proposed Rule
In Note 1 of the proposed AD, we inadvertently omitted the revision
level for Jamco Corporation Service Bulletin MD080-25-829. We have
revised this final rule to specify Revision 6.
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 previously
described. 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 1,180 airplanes of the affected design in
the worldwide fleet. The FAA estimates that 724 airplanes of U.S.
registry will be affected by this AD, and that each airplane has
approximately 3 lavatories, and that the average labor rate is $65 per
work hour. Table 1 shows the estimated cost impact, based upon the
action taken, for airplanes affected by this AD.
Table 1.--Cost Impact
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Work hours
Action per Parts cost per Cost per lavatory Total cost
lavatory lavatory
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Replace the existing freeze 6 $2,344 to $3,208 $2,734 to $3,598 $5,938,248 to
protection ribbon heater with a (Depending on (Depending on $7,814,856
new, reidentified heater hose lavatory module lavatory module (Depending on
assembly; and flush, clean, and configuration). configuration). lavatory
sterilize the potable water configuration) or
system; or $8,202 to $10,794
per airpalne.
Disconnect, coil, and stow the 2 $0.................. $130................ $282,360 or $390 per
wiring of the freeze protection airpalne.
ribbon heater; or
Remove the freeze protection 3 $0.................. $195................ $423,540 or $585 per
ribbon heater airpalne.
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[[Page 45241]]
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. 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 adopted herein will 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 final rule does not have federalism
implications under Executive Order 13132.
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
0
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
0
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]
0
2. Section 39.13 is amended by adding the following new airworthiness
directive:
2004-15-13 McDonnell Douglas: Amendment 39-13747. Docket 2002-NM-
215-AD.
Applicability: Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83
(MD-83), DC-9-87 (MD-87), and MD-88 airplanes, as listed in Boeing
Alert Service Bulletin MD80-25A381, dated August 5, 2002;
certificated in any category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent failure of freeze protection ribbon heaters, which
could result in the charring, scorching, smoking, and shorting out
of freeze protection ribbon heaters in the lavatory water supply
system and could also result in electrical arcing of freeze
protection ribbon heaters, leading to fire and damage to water lines
and components under the lavatory sink; accomplish the following:
Corrective Actions
(a) Within 18 months of the effective date of this AD, do the
actions specified in paragraph (a)(1), (a)(2), or (a)(3) of this AD
per the Accomplishment Instructions of Boeing Alert Service Bulletin
MD80-25A381, dated August 5, 2002.
(1) Replace the existing freeze protection ribbon heater in the
lavatory water supply system with a new, reidentified heater hose
assembly. Flush, clean, and sterilize the potable water system; or
(2) Disconnect, coil, and stow the wiring of the freeze
protection ribbon heater in the lavatory water supply system; or
(3) Remove the freeze protection ribbon heater from the lavatory
water supply system.
Note 1: Boeing Alert Service Bulletin MD80-25A381 refers to
Jamco Corporation Service Bulletin MD080-25-829, Revision 6, dated
March 10, 2003, as an additional source of service information for
instructions on replacing the existing freeze protection ribbon
heater with a new, reidentified heater hose assembly for Model DC-9-
81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), and
Model MD-88 airplanes.
Credit for Actions Accomplished per Alternative Service Bulletin
(b) Actions accomplished before the effective date of this AD
per McDonnell Douglas MD-80 Service Bulletin 38-56, dated September
20, 1991, as revised by McDonnell Douglas MD-80 Service Bulletin
Change Notification 38-56 CN1, dated June 11, 1992, are acceptable
for compliance with the requirements of paragraph (a)(1) of this AD.
Alternative Methods of Compliance
(c) In accordance with 14 CFR 39.19, the Manager, Los Angeles
Aircraft Certification Office, FAA, is authorized to approve
alternative methods of compliance (AMOCs) for this AD.
Incorporation by Reference
(d) Unless otherwise specified in this AD, the actions shall be
done in accordance with Boeing Alert Service Bulletin MD80-25A381,
dated August 5, 2002. 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 Boeing
Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard,
Long Beach, California 90846, Attention: Data and Service
Management, Dept. C1-L5A (D800-0024). Copies may be inspected at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or at the FAA, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard, Lakewood, California; or at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call (202) 741-6030,
or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.
Effective Date
(e) This amendment becomes effective on September 2, 2004.
Issued in Renton, Washington, on July 15, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-16916 Filed 7-28-04; 8:45 am]
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