Airworthiness Directives; McDonnell Douglas Model MD-90-30 Airplanes, 23784-23786 [05-8881]
Download as PDF
23784
Federal Register / Vol. 70, No. 86 / Thursday, May 5, 2005 / Rules and Regulations
Issued in Burlington, MA, on April 26,
2005.
Jay J. Pardee,
Manager, Engine and Propeller Directorate,
Aircraft Certification Service.
[FR Doc. 05–8883 Filed 5–4–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–21029; Directorate
Identifier 2005–NM–045–AD; Amendment
39–14077; AD 2005–09–08]
RIN 2120–AA64
Airworthiness Directives; McDonnell
Douglas Model MD–90–30 Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for
comments.
AGENCY:
SUMMARY: The FAA is superseding two
existing airworthiness directives (ADs);
both apply to the same certain
McDonnell Douglas Model MD–90–30
airplanes. The superseded ADs
currently require a one-time general
visual inspection to detect wire chafing
damage and to determine adequate
clearance between the disconnect panel
structure and the wires above the aft left
lavatory; and corrective actions, if
necessary. This new AD retains those
requirements and clarifies certain
requirements for recording AD
compliance. This AD is prompted by the
determination that the form of the
existing ADs could result in confusion
to operators in recording compliance
with the potentially conflicting
requirements. We are issuing this AD to
prevent damage to certain wires due to
contact between the wires and the
adjacent structure, which could result in
electrical arcing and consequent smoke
and fire in the cabin.
DATES: Effective May 20, 2005.
The incorporation by reference of
Boeing Alert Service Bulletin MD90–
24A074, excluding Appendix, Revision
02, dated June 3, 2003, as listed in the
regulations, was approved previously by
the Director of the Federal Register as of
February 22, 2005 (70 FR 5920,
February 4, 2005).
We must receive comments on this
AD by July 5, 2005.
VerDate jul<14>2003
14:24 May 04, 2005
Jkt 205001
Use one of the following
addresses to submit comments on this
AD.
• DOT Docket Web site: Go to
https://dms.dot.gov and follow the
instructions for sending your comments
electronically.
• Government-wide rulemaking Web
site: Go to https://www.regulations.gov
and follow the instructions for sending
your comments electronically.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 400
Seventh Street SW., Nassif Building,
Room PL–401, Washington, DC 20590.
• Fax: (202) 493–2251.
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
• For service information identified
in this AD, contact Boeing Commercial
Airplanes, Long Beach Division, 3855
Lakewood Boulevard, Long Beach,
California 90846; Attention: Data and
Service Management, Dept. C1–L5A
(D800–0024).
You can examine the contents of this
AD docket on the Internet at https://
dms.dot.gov, or in person at the Docket
Management Facility, U.S. Department
of Transportation, 400 Seventh Street
SW., room PL–401, on the plaza level of
the Nassif Building, Washington, DC.
This docket number is FAA–2005–
21029; the directorate identifier for this
docket is 2005–NM–045–AD.
ADDRESSES:
Examining the Docket
You can examine the AD docket on
the Internet at https://dms.dot.gov, or in
person at the Docket Management
Facility office between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The Docket
Management Facility office (telephone
(800) 647–5227) is located on the plaza
level of the Nassif Building at the DOT
street address stated in the ADDRESSES
section. Comments will be available in
the AD docket shortly after the DMS
receives them.
FOR FURTHER INFORMATION CONTACT:
George Y. Mabuni, Senior Aerospace
Engineer, Systems and Equipment
Branch, ANM–130L, FAA, Los Angeles
Aircraft Certification Office, 3960
Paramount Boulevard, Lakewood,
California 90712–4137; telephone (562)
627–5341; fax (562) 627–5210.
SUPPLEMENTARY INFORMATION: On
February 14, 2003, we issued AD 2003–
04–10, amendment 39–13058 (68 FR
9513, February 28, 2003). On January
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
26, 2005, we issued AD 2005–03–05,
amendment 39–13961 (70 FR 5920,
February 4, 2005).
Both ADs apply to the same certain
McDonnell Douglas MD–90–30
airplanes. Both require a one-time
general visual inspection to detect wire
chafing damage and to determine
adequate clearance between the
disconnect panel structure and the
wires above the aft left lavatory; and
corrective actions, if necessary. The
actions specified in the ADs are
intended to prevent damage to certain
wires due to contact between the wires
and the adjacent structure, which could
result in electrical arcing and
consequent smoke and fire in the cabin.
Actions Since ADs Were Issued
Since we issued those ADs, we
discovered some procedural regulatory
complications that could prevent
operators from complying with either
AD. We had initially determined that
AD 2003–04–10 should be revised when
in fact it should have been superseded.
Although a revised AD is identified by
adding ‘‘R1’’ to the original AD number,
in this case the ‘‘revised’’ AD was
instead given a new AD number (AD
2005–03–05). As a result, two
essentially identical ADs apply to the
same airplanes. We have determined
that superseding both AD 2003–04–10
and AD 2005–03–05 will eliminate the
confusion associated with recording
compliance with potentially conflicting
requirements in the two ADs.
FAA’s Determination and Requirements
of This AD
The unsafe condition described
previously is likely to exist or develop
on other airplanes of the same type
design. This AD is being issued to
supersede AD 2003–04–10 and AD
2005–03–05. This new AD retains the
requirements of the existing AD.
Costs of Compliance
The requirements of this new AD are
unchanged from those of AD 2003–04–
10 and AD 2005–03–05; therefore, this
AD imposes no additional economic
burden on operators. The estimated
costs associated with this AD are
repeated for the convenience of affected
operators, as follows:
There are about 89 airplanes of the
affected design worldwide. The
following table provides the estimated
costs for U.S. operators to comply with
this AD.
E:\FR\FM\05MYR1.SGM
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Federal Register / Vol. 70, No. 86 / Thursday, May 5, 2005 / Rules and Regulations
23785
ESTIMATED COSTS
Action
Work
hours
Average labor
rate per hour
Parts
Cost per
airplane
Number of
U.S.-registered
airplanes
Fleet cost
Inspection ....................................................
1
$65
None required ..........
$65
21
$1,365
FAA’s Determination of the Effective
Date
This AD is issued for clarification
only and adds no new burden on
operators. Therefore, providing notice
and opportunity for public comment is
unnecessary before this AD is issued,
and this AD may be made effective in
less than 30 days after it is published in
the Federal Register.
Comments Invited
Although this is a final rule that was
not preceded by notice and an
opportunity for public comment, we
invite you to submit any relevant
written data, views, or arguments
regarding this AD. Send your comments
to an address listed under ADDRESSES.
Include ‘‘Docket No. FAA–2005–21029;
Directorate Identifier 2005–NM–045–
AD’’ at the beginning of your comments.
We specifically invite comments on the
overall regulatory, economic,
environmental, and energy aspects of
the AD. We will consider all comments
received by the closing date and may
amend the AD in light of those
comments.
We will post all comments we
receive, without change, to https://
dms.dot.gov, including any personal
information you provide. We will also
post a report summarizing each
substantive verbal contact with FAA
personnel concerning this AD. Using the
search function of our docket Web site,
anyone can find and read the comments
in any of our dockets, including the
name of the individual who sent the
comment (or signed the comment on
behalf of an association, business, labor
union, etc.). You can review the DOT’s
complete Privacy Act Statement in the
Federal Register published on April 11,
2000 (65 FR 19477–78), or you can visit
https://dms.dot.gov.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
Section 106, describes the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in Subtitle VII,
Part A, Subpart III, Section 44701,
VerDate jul<14>2003
14:24 May 04, 2005
Jkt 205001
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We have determined that this AD will
not have federalism implications under
Executive Order 13132. This AD 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.
For the reasons discussed above, I
certify that the 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. 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.
We prepared a regulatory evaluation
of the estimated costs to comply with
this AD. See the ADDRESSES section for
a location to examine the regulatory
evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
PO 00000
Authority: 49 U.S.C. 106(g), 40113, 44701.
Frm 00011
Fmt 4700
Sfmt 4700
§ 39.13
[Amended]
2. The FAA amends § 39.13 by
removing amendment 39–13058 (68 FR
9513, February 28, 2003) and
amendment 39–13961 (70 FR 5920,
February 4, 2005), and by adding the
following new AD:
I
2005–09–08 McDonnell Douglas:
Amendment 39–14077. Docket No.
FAA–2005–21029; Directorate Identifier
2005–NM–045–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective May 20, 2005.
Affected ADs
(b) This AD supersedes AD 2003–04–10 (68
FR 9513, February 28, 2003) and AD 2005–
03–05 (70 FR 5920, February 4, 2005).
Applicability
(c) This AD applies to McDonnell Douglas
Model MD–90–30 airplanes, certificated in
any category, as listed in Boeing Alert
Service Bulletin MD90–24A074, Revision 02,
dated June 3, 2003.
Unsafe Condition
(d) This AD was prompted by the
determination that the form of the
superseded ADs could result in confusion to
operators in recording compliance with the
potentially conflicting requirements. We are
issuing this AD to prevent damage to certain
wires due to contact between the wires and
the adjacent structure, which could result in
electrical arcing and consequent smoke and
fire in the cabin.
Compliance
(e) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
One-time Inspection/Corrective Actions
(f) At the applicable time specified in
paragraph (f)(1) or (f)(2) of this AD: Do a onetime general visual inspection to find wire
chafing damage and to determine adequate
clearance between the disconnect panel
structure and the wires above the aft left
lavatory, in accordance with the
Accomplishment Instructions of Boeing Alert
Service Bulletin MD90–24A074, Revision 02,
dated June 3, 2003. If no damage is found and
the clearance is adequate, no further action
is required by this AD.
Note 1: For the purposes of this AD, a
general visual inspection is: ‘‘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 from within touching
distance unless otherwise specified. A mirror
E:\FR\FM\05MYR1.SGM
05MYR1
23786
Federal Register / Vol. 70, No. 86 / Thursday, May 5, 2005 / Rules and Regulations
may be necessary to ensure visual access to
all surfaces in the inspection area. This level
of inspection is made under normally
available lighting conditions such as
daylight, hangar lighting, flashlight, or
droplight 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.’’
(1) For airplanes listed in Boeing Alert
Service Bulletin MD90–24A074, Revision 1,
dated August 8, 2001: Inspect within 12
months after April 4, 2003 (the effective date
of AD 2003–04–10).
(2) For airplanes not identified in
paragraph (f)(1) of this AD: Inspect within 6
months after February 22, 2005 (the effective
date of AD 2005–03–05).
(g) Based on the findings of the inspection
required by paragraph (f) of this AD, do the
applicable actions specified in paragraph
(g)(1) or (g)(2) of this AD before further flight
in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin
MD90–24A074, Revision 02, dated June 3,
2003.
(1) If no damage is found, but the clearance
is inadequate: Secure the wires using tiewraps to obtain 0.50-inch minimum
clearance.
(2) If damage and/or inadequate clearance
is found: Repair damaged wires, replace
damaged wires with new wires, and/or
secure the wires using tie-wraps to obtain
0.50-inch minimum clearance.
(h) An inspection and corrective actions
are also acceptable for compliance with the
requirements of paragraphs (f) and (g) of this
AD, if done as specified in paragraph (h)(1)
or (h)(2) of this AD, as applicable.
(1) Boeing Alert Service Bulletin MD90–
24A074, dated May 14, 2001, done before
April 4, 2003.
(2) Boeing Alert Service Bulletin MD90–
24A074, Revision 1, dated August 8, 2001,
done before the effective date of this AD.
Alternative Methods of Compliance
(AMOCs)
(i) The Manager, Los Angeles Aircraft
Certification Office (ACO), FAA, has the
authority to approve AMOCs for this AD, if
requested in accordance with the procedures
found in 14 CFR 39.19.
Material Incorporated By Reference
(j) You must use Boeing Alert Service
Bulletin MD90–24A074, excluding
Appendix, Revision 02, dated June 3, 2003,
to perform the actions that are required by
this AD, unless the AD specifies otherwise.
The incorporation by reference of that
document was approved previously by the
Director of the Federal Register as of
February 22, 2005 (70 FR 5920, February 4,
2005). To get copies of the service
information, contact Boeing Commercial
Airplanes, Long Beach Division, 3855
Lakewood Boulevard, Long Beach, California
90846; Attention: Data and Service
Management, Dept. C1–L5A (D800–0024). To
view the docket, go to the Docket
Management Facility office, U.S. Department
of Transportation, 400 Seventh Street SW.,
room PL–401, Nassif Building, Washington,
DC. To review copies of this service
VerDate jul<14>2003
14:24 May 04, 2005
Jkt 205001
information, go to the National Archives and
Records Administration (NARA).
For information on the availability of this
material at NARA, call (202) 741–6030, or go
to https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on April 28,
2005.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–8881 Filed 5–4–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2005–20029; Airspace
Docket No. 04–AAL–25]
Establishment of Class E Airspace;
Perryville, AK
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: This action establishes Class
E airspace at Perryville, AK to provide
adequate controlled airspace to contain
aircraft executing a new Standard
Instrument Approach Procedure (SIAP)
and Departure Procedure. This rule
results in new Class E airspace upward
from 700 feet (ft.) and 1,200 ft. above the
surface at Perryville, AK.
EFFECTIVE DATE: 0901 UTC, July 7, 2005.
FOR FURTHER INFORMATION CONTACT:
Jesse Patterson, AAL–538G, Federal
Aviation Administration, 222 West 7th
Avenue, Box 14, Anchorage, AK 99513–
7587; telephone number (907) 271–
5898; fax: (907) 271–2850; e-mail:
Jesse.ctr.Patterson@faa.gov. Internet
address: https://www.alaska.faa.gov/at.
SUPPLEMENTARY INFORMATION:
History
On Monday, February 7, 2005, the
FAA proposed to revise part 71 of the
Federal Aviation Regulations (14 CFR
part 71) to create new Class E airspace
upward from 700 ft. and 1,200 ft. above
the surface at Perryville, AK (70 FR
6378). The action was proposed in order
to add Class E airspace sufficient in size
to contain aircraft while executing a
new Standard Instrument Approach
Procedure and Departure Procedure for
the Perryville Airport. The new
approach is Area Navigation-Global
Positioning System (RNAV GPS)
Runway (RWY) 3, original. The new
departure procedure is the CILAC ONE
RNAV Departure. New Class E
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
controlled airspace extending upward
from 700 feet and 1,200 feet above the
surface in the Perryville Airport area is
established by this action. Interested
parties were invited to participate in
this rulemaking proceeding by
submitting written comments on the
proposal to the FAA. No public
comments have been received; thus the
rule is adopted as proposed.
The area will be depicted on
aeronautical charts for pilot reference.
The coordinates for this airspace docket
are based on North American Datum 83.
The Class E airspace areas designated as
700/1200 foot transition areas are
published in paragraph 6005 of FAA
Order 7400.9M, Airspace Designations
and Reporting Points, dated August 30,
2004, and effective September 16, 2004,
which is incorporated by reference in 14
CFR 71.1. The Class E airspace
designation listed in this document will
be published subsequently in the Order.
The Rule
This revision to 14 CFR part 71
establishes Class E airspace at
Perryville, Alaska. This additional Class
E airspace was created to accommodate
aircraft executing a new SIAP and
Departure Procedure and will be
depicted on aeronautical charts for pilot
reference. The intended effect of this
rule is to provide adequate controlled
airspace for IFR operations at Perryville
Airport, Perryville, Alaska.
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. It, therefore—(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)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this rule will not have
a significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle 1, section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority.
This rulemaking is promulgated
under the authority described in
Subtitle VII, part A, subpart 1, section
E:\FR\FM\05MYR1.SGM
05MYR1
Agencies
[Federal Register Volume 70, Number 86 (Thursday, May 5, 2005)]
[Rules and Regulations]
[Pages 23784-23786]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8881]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-21029; Directorate Identifier 2005-NM-045-AD;
Amendment 39-14077; AD 2005-09-08]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model MD-90-30
Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is superseding two existing airworthiness directives
(ADs); both apply to the same certain McDonnell Douglas Model MD-90-30
airplanes. The superseded ADs currently require a one-time general
visual inspection to detect wire chafing damage and to determine
adequate clearance between the disconnect panel structure and the wires
above the aft left lavatory; and corrective actions, if necessary. This
new AD retains those requirements and clarifies certain requirements
for recording AD compliance. This AD is prompted by the determination
that the form of the existing ADs could result in confusion to
operators in recording compliance with the potentially conflicting
requirements. We are issuing this AD to prevent damage to certain wires
due to contact between the wires and the adjacent structure, which
could result in electrical arcing and consequent smoke and fire in the
cabin.
DATES: Effective May 20, 2005.
The incorporation by reference of Boeing Alert Service Bulletin
MD90-24A074, excluding Appendix, Revision 02, dated June 3, 2003, as
listed in the regulations, was approved previously by the Director of
the Federal Register as of February 22, 2005 (70 FR 5920, February 4,
2005).
We must receive comments on this AD by July 5, 2005.
ADDRESSES: Use one of the following addresses to submit comments on
this AD.
DOT Docket Web site: Go to https://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to https://
www.regulations.gov and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401,
Washington, DC 20590.
Fax: (202) 493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this AD, contact
Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood
Boulevard, Long Beach, California 90846; Attention: Data and Service
Management, Dept. C1-L5A (D800-0024).
You can examine the contents of this AD docket on the Internet at
https://dms.dot.gov, or in person at the Docket Management Facility,
U.S. Department of Transportation, 400 Seventh Street SW., room PL-401,
on the plaza level of the Nassif Building, Washington, DC. This docket
number is FAA-2005-21029; the directorate identifier for this docket is
2005-NM-045-AD.
Examining the Docket
You can examine the AD docket on the Internet at https://
dms.dot.gov, or in person at the Docket Management Facility office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after the DMS receives them.
FOR FURTHER INFORMATION CONTACT: George Y. Mabuni, Senior Aerospace
Engineer, Systems and Equipment Branch, ANM-130L, FAA, Los Angeles
Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood,
California 90712-4137; telephone (562) 627-5341; fax (562) 627-5210.
SUPPLEMENTARY INFORMATION: On February 14, 2003, we issued AD 2003-04-
10, amendment 39-13058 (68 FR 9513, February 28, 2003). On January 26,
2005, we issued AD 2005-03-05, amendment 39-13961 (70 FR 5920, February
4, 2005).
Both ADs apply to the same certain McDonnell Douglas MD-90-30
airplanes. Both require a one-time general visual inspection to detect
wire chafing damage and to determine adequate clearance between the
disconnect panel structure and the wires above the aft left lavatory;
and corrective actions, if necessary. The actions specified in the ADs
are intended to prevent damage to certain wires due to contact between
the wires and the adjacent structure, which could result in electrical
arcing and consequent smoke and fire in the cabin.
Actions Since ADs Were Issued
Since we issued those ADs, we discovered some procedural regulatory
complications that could prevent operators from complying with either
AD. We had initially determined that AD 2003-04-10 should be revised
when in fact it should have been superseded. Although a revised AD is
identified by adding ``R1'' to the original AD number, in this case the
``revised'' AD was instead given a new AD number (AD 2005-03-05). As a
result, two essentially identical ADs apply to the same airplanes. We
have determined that superseding both AD 2003-04-10 and AD 2005-03-05
will eliminate the confusion associated with recording compliance with
potentially conflicting requirements in the two ADs.
FAA's Determination and Requirements of This AD
The unsafe condition described previously is likely to exist or
develop on other airplanes of the same type design. This AD is being
issued to supersede AD 2003-04-10 and AD 2005-03-05. This new AD
retains the requirements of the existing AD.
Costs of Compliance
The requirements of this new AD are unchanged from those of AD
2003-04-10 and AD 2005-03-05; therefore, this AD imposes no additional
economic burden on operators. The estimated costs associated with this
AD are repeated for the convenience of affected operators, as follows:
There are about 89 airplanes of the affected design worldwide. The
following table provides the estimated costs for U.S. operators to
comply with this AD.
[[Page 23785]]
Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of U.S.-
Action Work Average labor Parts Cost per registered Fleet cost
hours rate per hour airplane airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection................................. 1 $65 None required................. $65 21 $1,365
--------------------------------------------------------------------------------------------------------------------------------------------------------
FAA's Determination of the Effective Date
This AD is issued for clarification only and adds no new burden on
operators. Therefore, providing notice and opportunity for public
comment is unnecessary before this AD is issued, and this AD may be
made effective in less than 30 days after it is published in the
Federal Register.
Comments Invited
Although this is a final rule that was not preceded by notice and
an opportunity for public comment, we invite you to submit any relevant
written data, views, or arguments regarding this AD. Send your comments
to an address listed under ADDRESSES. Include ``Docket No. FAA-2005-
21029; Directorate Identifier 2005-NM-045-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the AD. We will consider
all comments received by the closing date and may amend the AD in light
of those comments.
We will post all comments we receive, without change, to https://
dms.dot.gov, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact with FAA
personnel concerning this AD. Using the search function of our docket
Web site, anyone can find and read the comments in any of our dockets,
including the name of the individual who sent the comment (or signed
the comment on behalf of an association, business, labor union, etc.).
You can review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78), or you can visit
https://dms.dot.gov.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD 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.
For the reasons discussed above, I certify that the 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. 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.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD. See the ADDRESSES section for a location to
examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
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Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
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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]
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2. The FAA amends Sec. 39.13 by removing amendment 39-13058 (68 FR
9513, February 28, 2003) and amendment 39-13961 (70 FR 5920, February
4, 2005), and by adding the following new AD:
2005-09-08 McDonnell Douglas: Amendment 39-14077. Docket No. FAA-
2005-21029; Directorate Identifier 2005-NM-045-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective May 20,
2005.
Affected ADs
(b) This AD supersedes AD 2003-04-10 (68 FR 9513, February 28,
2003) and AD 2005-03-05 (70 FR 5920, February 4, 2005).
Applicability
(c) This AD applies to McDonnell Douglas Model MD-90-30
airplanes, certificated in any category, as listed in Boeing Alert
Service Bulletin MD90-24A074, Revision 02, dated June 3, 2003.
Unsafe Condition
(d) This AD was prompted by the determination that the form of
the superseded ADs could result in confusion to operators in
recording compliance with the potentially conflicting requirements.
We are issuing this AD to prevent damage to certain wires due to
contact between the wires and the adjacent structure, which could
result in electrical arcing and consequent smoke and fire in the
cabin.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
One-time Inspection/Corrective Actions
(f) At the applicable time specified in paragraph (f)(1) or
(f)(2) of this AD: Do a one-time general visual inspection to find
wire chafing damage and to determine adequate clearance between the
disconnect panel structure and the wires above the aft left
lavatory, in accordance with the Accomplishment Instructions of
Boeing Alert Service Bulletin MD90-24A074, Revision 02, dated June
3, 2003. If no damage is found and the clearance is adequate, no
further action is required by this AD.
Note 1: For the purposes of this AD, a general visual inspection
is: ``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 from within touching
distance unless otherwise specified. A mirror
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may be necessary to ensure visual access to all surfaces in the
inspection area. This level of inspection is made under normally
available lighting conditions such as daylight, hangar lighting,
flashlight, or droplight 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.''
(1) For airplanes listed in Boeing Alert Service Bulletin MD90-
24A074, Revision 1, dated August 8, 2001: Inspect within 12 months
after April 4, 2003 (the effective date of AD 2003-04-10).
(2) For airplanes not identified in paragraph (f)(1) of this AD:
Inspect within 6 months after February 22, 2005 (the effective date
of AD 2005-03-05).
(g) Based on the findings of the inspection required by
paragraph (f) of this AD, do the applicable actions specified in
paragraph (g)(1) or (g)(2) of this AD before further flight in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin MD90-24A074, Revision 02, dated June 3, 2003.
(1) If no damage is found, but the clearance is inadequate:
Secure the wires using tie-wraps to obtain 0.50-inch minimum
clearance.
(2) If damage and/or inadequate clearance is found: Repair
damaged wires, replace damaged wires with new wires, and/or secure
the wires using tie-wraps to obtain 0.50-inch minimum clearance.
(h) An inspection and corrective actions are also acceptable for
compliance with the requirements of paragraphs (f) and (g) of this
AD, if done as specified in paragraph (h)(1) or (h)(2) of this AD,
as applicable.
(1) Boeing Alert Service Bulletin MD90-24A074, dated May 14,
2001, done before April 4, 2003.
(2) Boeing Alert Service Bulletin MD90-24A074, Revision 1, dated
August 8, 2001, done before the effective date of this AD.
Alternative Methods of Compliance (AMOCs)
(i) The Manager, Los Angeles Aircraft Certification Office
(ACO), FAA, has the authority to approve AMOCs for this AD, if
requested in accordance with the procedures found in 14 CFR 39.19.
Material Incorporated By Reference
(j) You must use Boeing Alert Service Bulletin MD90-24A074,
excluding Appendix, Revision 02, dated June 3, 2003, to perform the
actions that are required by this AD, unless the AD specifies
otherwise. The incorporation by reference of that document was
approved previously by the Director of the Federal Register as of
February 22, 2005 (70 FR 5920, February 4, 2005). To get copies of
the service information, contact Boeing Commercial Airplanes, Long
Beach Division, 3855 Lakewood Boulevard, Long Beach, California
90846; Attention: Data and Service Management, Dept. C1-L5A (D800-
0024). To view the docket, go to the Docket Management Facility
office, U.S. Department of Transportation, 400 Seventh Street SW.,
room PL-401, Nassif Building, Washington, DC. To review copies of
this service information, go to the National Archives and Records
Administration (NARA).
For information on the availability of this material at NARA,
call (202) 741-6030, or go to https://www.archives.gov/federal_
register/code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on April 28, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-8881 Filed 5-4-05; 8:45 am]
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