Airworthiness Directives; McDonnell Douglas Model MD-90-30 Airplanes, 75435-75438 [05-24247]
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Federal Register / Vol. 70, No. 243 / Tuesday, December 20, 2005 / Proposed Rules
port heater assembly in accordance with the
service bulletin.
Actions Accomplished In Accordance With
Previous Issue of Service Bulletin
(d) Inspections, functional tests, and
corrective actions accomplished before the
effective date of this AD in accordance with
Boeing Service Bulletin DC9–30–097, dated
February 15, 2002; and Boeing Service
Bulletin DC9–30–097, Revision 01, dated
January 24, 2003; are considered acceptable
for compliance with the corresponding
actions specified in this AD.
Alternative Methods of Compliance
(e)(1) In accordance with 14 CFR 39.19, the
Manager, Los Angeles Aircraft Certification
Office, FAA, is authorized to approve
alternative methods of compliance for this
AD.
(2) Before using any AMOC approved in
accordance with 14 CFR 39.19 on any
airplane to which the AMOC applies, notify
the appropriate principal inspector in the
FAA Flight Standards Certificate Holding
District Office.
Issued in Renton, Washington, on
December 12, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–24246 Filed 12–19–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2003–NM–194–AD]
RIN 2120–AA64
Airworthiness Directives; McDonnell
Douglas Model MD–90–30 Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Supplemental notice of
proposed rulemaking; reopening of
comment period.
AGENCY:
SUMMARY: This document revises an
earlier proposed airworthiness directive
(AD), applicable to certain McDonnell
Douglas Model MD–90–30 airplanes,
that would have required repetitive
inspections and functional tests of the
static port heater assemblies, an
inspection of the static port heaters and
insulators, and corrective actions if
necessary. This new action revises the
proposed AD by adding repetitive
inspections of the static port heaters and
insulators and revising the functional
test of the static port heater assemblies.
The actions specified by this new
proposed AD are intended to prevent an
electrical short of the static port heater
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from sparking and igniting the
insulation blanket adjacent to the static
port heater, which could result in smoke
and/or fire in the cabin area. This action
is intended to address the identified
unsafe condition.
DATES: Comments must be received by
January 17, 2006.
Submit comments in
triplicate to the Federal Aviation
Administration (FAA), Transport
Airplane Directorate, ANM–114,
Attention: Rules Docket No. 2003–NM–
194–AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055–4056.
Comments may be inspected at this
location between 9 a.m. and 3 p.m.,
Monday through Friday, except Federal
holidays. Comments may be submitted
via fax to (425) 227–1232. Comments
may also be sent via the Internet using
the following address: 9-anmnprmcomment@faa.gov. Comments sent
via fax or the Internet must contain
‘‘Docket No. 2003–NM–194–AD’’ in the
subject line and need not be submitted
in triplicate. Comments sent via the
Internet as attached electronic files must
be formatted in Microsoft Word 97 or
2000 or ASCII text.
The service information referenced in
the proposed 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 FAA, Transport
Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington; or at
the FAA, Los Angeles Aircraft
Certification Office, 3960 Paramount
Boulevard, Lakewood, California.
FOR FURTHER INFORMATION CONTACT:
Elvin Wheeler, Aerospace Engineer,
Systems and Equipment Branch, ANM–
130L, FAA, Los Angeles Aircraft
Certification Office, 3960 Paramount
Boulevard, Lakewood, California
90712–4137; telephone (562) 627–5344;
fax (562) 627–5210.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Comments Invited
Interested persons are invited to
participate in the making of the
proposed AD 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 above. All communications
received on or before the closing date
for comments, specified above, will be
considered before taking action on the
proposed AD. The proposals contained
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75435
in this action may be changed in light
of the comments received.
Submit comments using the following
format:
• Organize comments issue-by-issue.
For example, discuss a request to
change the compliance time and a
request to change the service bulletin
reference as two separate issues.
• For each issue, state what specific
change to the proposed AD is being
requested.
• Include justification (e.g., reasons or
data) for each request.
Comments are specifically invited on
the overall regulatory, economic,
environmental, and energy aspects of
the proposed AD. 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
summarizing each FAA-public contact
concerned with the substance of this
proposal will be filed in the Rules
Docket.
Commenters wishing the FAA to
acknowledge receipt of their comments
submitted in response to this action
must submit a self-addressed, stamped
postcard on which the following
statement is made: ‘‘Comments to
Docket Number 2003–NM–194–AD.’’
The postcard will be date stamped and
returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this
NPRM by submitting a request to the
FAA, Transport Airplane Directorate,
ANM–114, Attention: Rules Docket No.
2003–NM–194–AD, 1601 Lind Avenue,
SW., Renton, Washington 98055–4056.
Discussion
A proposal to amend part 39 of the
Federal Aviation Regulations (14 CFR
part 39) to add an airworthiness
directive (AD), applicable to certain
McDonnell Douglas Model MD–90–30
airplanes, was published as a notice of
proposed rulemaking (NPRM) in the
Federal Register on March 8, 2004 (69
FR 10638). That NPRM would have
required repetitive inspections and
functional tests of the static port heater
assemblies, an inspection of the static
port heaters and insulators, and
corrective actions if necessary. That
NPRM was prompted by studies that
revealed that the wiring of the static
port heater assembly may be damaged.
That condition, if not corrected, could
result in an electrical short of the static
port heater and consequent sparking
and ignition of the insulation blanket
adjacent to the static port heater, which
could result in smoke and/or fire in the
cabin area.
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Federal Register / Vol. 70, No. 243 / Tuesday, December 20, 2005 / Proposed Rules
Actions Since Issuance of Previous
Proposal
paragraph (b) of the supplemental
NPRM accordingly.
The airplane manufacturer informed
the FAA that the functional test of the
left and right primary and alternate
static port heater assemblies must be
revised to prevent damaging the aircraft
fuselage skin. An operator informed the
airplane manufacturer that performing
the current functional test will overheat
and damage the aircraft fuselage skin.
Therefore, the airplane manufacturer
has revised the functional test and
issued Boeing Service Bulletin MD90–
30–026, Revision 1, dated May 27, 2005,
which references the revised functional
test (Boeing Service Bulletin MD90–30–
026, dated February 15, 2002, is cited as
the appropriate source of service
information for doing functional tests
specified in the original NPRM). We
have revised the supplemental NPRM to
reference Revision 1 of Boeing Service
Bulletin MD90–30–026 as the
appropriate source of service
information for accomplishing certain
proposed inspections, replacements,
and functional tests.
We have also considered the
following comments we received in
response to the original NPRM:
Request To Withdraw the NPRM
One commenter, the airplane
manufacturer, requests that the NPRM
be withdrawn. The commenter contends
that the unsafe condition no longer
exists. The commenter states that the
unsafe condition was addressed by
Boeing Alert Service Bulletin MD90–
30A023, including Appendix, dated
March 14, 2001 (for Model MD–90–30
airplanes), which was mandated by AD
2001–10–11, amendment 39–12237 (66
FR 28651, May 24, 2001), and by Boeing
Alert Service Bulletin MD80–30A092,
including Appendix, dated March 14,
2001 (for Model DC–9–81, –82, –83, and
–87 airplanes, and Model MD–88
airplanes), which was mandated by AD
2001–10–10, amendment 39–12236 (66
FR 28643, May 24, 2001). The
commenter states that those ADs require
inspecting the wiring of the primary and
alternate static port heaters, determining
if the type of insulation blanket
installed is metallized Mylar, and
modifying the insulation blankets if
necessary.
The commenter also states that a
review of operator’s reports indicates
only two events resulted in smoke in the
cabin, both on one operator’s MD–88
airplanes. One event resulted in the
issuance of the service bulletins
described previously, and the other
event report stated a smoke smell was
‘‘evident.’’ The commenter notes that
‘‘in the three years since the release of
these service bulletins and the related
ADs, no other static port heater smoke/
fire events have been reported from the
entire MD–80/90 fleet.’’
The commenter concludes that the
unsafe condition no longer exists, and
that the actions in the NPRM are purely
an enhancement. Therefore, the
commenter requests that the NPRM be
withdrawn.
We do not agree with the commenter’s
request to withdraw the NPRM.
Although no other static port heater
smoke/fire events have been reported
since we issued ADs 2001–10–10 and
2001–10–11, the potential for sparks
from an electrical short of the static port
heater to ignite the insulation blanket
adjacent to the static port heater and
result in smoke and/or fire in the cabin
area still exists. While ADs 2001–10–10
and 2001–10–11 require only a one-time
inspection of the wiring of the static
port heaters, this supplemental NPRM
would require repetitive functional tests
and inspections of the static port heater
assemblies and wiring. The proposed
repetitive inspections are required to
identify and remove marginal static port
Request To Add Repetitive Inspections
The National Transportation Safety
Board (NTSB) requests that the
inspection for incorrect stacking
specified in paragraph (b)(2) of the
NPRM be changed from a one-time
inspection to a repetitive inspection.
The NTSB is concerned that, after the
one-time inspection specified in the
NPRM, incorrect stacking may still
occur. The NTSB states that repetitive
inspections would address any incorrect
stacking that may occur in the future.
The NTSB also states that the repetitive
inspection interval could be the same as
the one for the inspection specified in
paragraph (b)(1) of the NPRM, and
therefore would not place an undue
burden on operators.
We agree with the NTSB that the
inspection required in paragraph (b)(2)
of the supplemental NPRM be changed
to repetitive inspections. Incorrect
stacking of the heater and insulator will
cause higher-than-normal operating
temperature locally in the insulation
blanket, which would lead to quicker
deterioration and aging of the rubber,
causing it to crack and lead to electrical
shorting or arcing. In consideration of
this unsafe condition and the potential
for incorrect stacking, we have
determined that repetitive inspections
of the heater and insulator for incorrect
stacking is necessary. We have revised
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heaters before they fail and generate
sparks. Therefore, we have not
withdrawn this supplemental NPRM.
Request To Revise Airplane
Maintenance Manual (AMM)
One commenter requests that AMM
30–32–00 be revised to include the
procedures to check the insulator for
proper installation.
We partially agree with the
commenter’s request. Operators should
note that the procedures to check the
insulator for proper installation are
located in Boeing Model MD–90–30
AMM 30–32–01, which is a
subparagraph of AMM 30–32–00. We
have revised the reference to the AMM
in paragraph (b)(2) of this supplemental
NPRM accordingly.
Request To Revise Service Bulletin
The same commenter requests that
Boeing Service Bulletin MD90–30–026,
dated February 15, 2002 (cited as the
appropriate source of service
information for the NPRM), be revised
to include the inspection for proper
installation as required by the NPRM.
The commenter notes that the service
bulletin does not include an inspection
for proper installation.
We do not agree with the commenter’s
request. We have consulted with the
manufacturer and have concluded that
the AMM provides the necessary
information to properly complete the
inspection. Therefore, there is limited
value in revising the service bulletin to
include this information. No change is
made to the supplemental NPRM in this
regard.
Clarification of Alternative Method of
Compliance (AMOC) Paragraph
We have revised this supplemental
NPRM to clarify the appropriate
procedure for notifying the principal
inspector before using any approved
AMOC on any airplane to which the
AMOC applies.
Conclusion
Since certain changes described above
expand the scope of the original NPRM,
the FAA has determined that it is
necessary to reopen the comment period
to provide additional opportunity for
public comment.
Cost Impact
There are approximately 116
airplanes of the affected design in the
worldwide fleet. The FAA estimates that
22 airplanes of U.S. registry would be
affected by this proposed AD.
It would take approximately 1 work
hour per airplane to accomplish the
proposed general visual inspection for
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Federal Register / Vol. 70, No. 243 / Tuesday, December 20, 2005 / Proposed Rules
wire damage and functional test, at an
average labor rate of $65 per work hour.
Based on these figures, the cost impact
of the proposed inspection for wire
damage and functional test on U.S.
operators is estimated to be $1,430, or
$65 per airplane, per inspection cycle.
It would also take approximately 1
work hour per airplane to accomplish
the proposed general visual inspection
for proper installation, at an average
labor rate of $65 per work hour. Based
on these figures, the cost impact of the
proposed inspection for proper
installation on U.S. operators is
estimated to be $1,430, or $65 per
airplane, per inspection cycle.
The cost impact figure discussed
above is based on assumptions that no
operator has yet accomplished any of
the proposed 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.
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 Impact
The regulations proposed herein
would 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 proposal
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would not have federalism implications
under Executive Order 13132.
For the reasons discussed above, I
certify that this proposed 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) if
promulgated, 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 draft
regulatory 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, Safety.
The Proposed Amendment
Accordingly, pursuant to the
authority delegated to me by the
Administrator, the Federal Aviation
Administration proposes to amend 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.
§ 39.13
[Amended]
2. Section 39.13 is amended by
adding the following new airworthiness
directive:
McDonnell Douglas: Docket 2003–NM–194–
AD.
Applicability: Model MD–90–30 airplanes,
certificated in any category, as identified in
Boeing Service Bulletin MD90–30–026,
Revision 1, dated May 27, 2005.
Compliance: Required as indicated, unless
accomplished previously.
To prevent an electrical short of the static
port heater from sparking and igniting the
insulation blanket adjacent to the static port
heater, which could result in smoke and/or
fire in the cabin area, accomplish the
following:
Service Bulletin References
(a) The term ‘‘service bulletin,’’ as used in
this AD, means the Accomplishment
Instructions of Boeing Service Bulletin
MD90–30–026, Revision 1, dated May 27,
2005.
Inspection and Functional Test
(b) Within 18 months after the effective
date of this AD, do the actions in paragraphs
(b)(1) and (b)(2) of this AD. Repeat the
actions thereafter at intervals not to exceed
48 months.
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75437
(1) Perform a general visual inspection of
the left and right primary and alternate static
port heater assemblies for wire damage; and
perform a functional test of the left and right
primary and alternate static port heater
assemblies; in accordance with the service
bulletin.
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
may be necessary to ensure visual access to
all surfaces in the inspection area. This level
of inspection is made under normal available
lighting conditions such as daylight, hangar
lighting, flashlight or drop-light 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.’’
(2) Perform a general visual inspection of
the left and right primary and alternate static
port heater and insulator for proper
installation in accordance with a method
approved by the Manager, Los Angeles
Aircraft Certification Office (ACO).
Inspecting for proper installation in
accordance with ‘‘Static Port Heaters—
Maintenance Practices’’ of McDonnell
Douglas MD–90–30 Airplane Maintenance
Manual (AMM) 30–32–01 is one approved
method. Before further flight, correct any
improper installation in accordance with a
method approved by the Manager, Los
Angeles ACO. Correcting improper
installation in accordance with ‘‘Static Port
Heaters—Maintenance Practices’’ of AMM
30–32–01 is one approved method. For an
inspection method or corrective method to be
approved by the Manager, Los Angeles ACO,
as required by this paragraph, the Manager’s
approval letter must specifically refer to this
AD.
Wire Damage or Heater Failures
(c) If wire damage is found and/or the
heater assembly fails the functional test
during the general visual inspection and
functional test required by paragraph (b)(1) of
this AD: Before further flight, replace the
damaged or inoperative static port heater
assembly with a new or serviceable static
port heater assembly in accordance with the
service bulletin.
Actions Accomplished According to
Previous Issue of Service Bulletin
(d) Actions accomplished before the
effective date of this AD according to Boeing
Service Bulletin MD90–30–026, dated
February 15, 2002, are considered acceptable
for compliance with the corresponding
actions specified in this AD.
Alternative Methods of Compliance
(e)(1) In accordance with 14 CFR 39.19, the
Manager, Los Angeles ACO, FAA, is
authorized to approve alternative methods of
compliance for this AD.
(2) Before using any AMOC approved in
accordance with 14 CFR 39.19 on any
airplane to which the AMOC applies, notify
the appropriate principal inspector in the
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Federal Register / Vol. 70, No. 243 / Tuesday, December 20, 2005 / Proposed Rules
FAA Flight Standards Certificate Holding
District Office.
Issued in Renton, Washington, on
December 12, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–24247 Filed 12–19–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2005–23026; Airspace
Docket No. 05–AAL–39]
Proposed Revision of Class E
Airspace; Sand Point, AK
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: This action proposes to revise
the Class E airspace at Sand Point, AK.
Three new Standard Instrument
Approach Procedures (SIAPs), a revised
Departure Procedure (DP) and a revised
SIAP are being published for the Sand
Point Airport. Adoption of this proposal
would result in revised Class E airspace
upward from 700 feet (ft.) and 1,200 ft.
above the surface at Sand Point, AK.
DATES: Comments must be received on
or before February 3, 2006.
ADDRESSES: Send comments on the
proposal to the Docket Management
System, U.S. Department of
Transportation, Room Plaza 401, 400
Seventh Street, SW., Washington, DC
20590–0001. You must identify the
docket number FAA–2005–23026/
Airspace Docket No. 05–AAL–39, at the
beginning of your comments. You may
also submit comments on the Internet at
https://dms.dot.gov. You may review the
public docket containing the proposal,
any comments received, and any final
disposition in person in the Dockets
Office between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The Docket Office (telephone
1–800–647–5527) is on the plaza level
of the Department of Transportation
NASSIF Building at the above address.
An informal docket may also be
examined during normal business hours
at the office of the Manager, Safety,
Alaska Flight Service Operations,
Federal Aviation Administration, 222
West 7th Avenue, Box 14, Anchorage,
AK 99513–7587.
FOR FURTHER INFORMATION CONTACT: Gary
Rolf, Federal Aviation Administration,
222 West 7th Avenue, Box 14,
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Anchorage, AK 99513–7587; telephone
number (907) 271–5898; fax: (907) 271–
2850; e-mail: gary.ctr.rolf@faa.gov.
Internet address: https://
www.alaska.faa.gov/at.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested parties are invited to
participate in this proposed rulemaking
by submitting such written data, views,
or arguments as they may desire.
Comments that provide the factual basis
supporting the views and suggestions
presented are particularly helpful in
developing reasoned regulatory
decisions on the proposal. Comments
are specifically invited on the overall
regulatory, aeronautical, economic,
environmental, and energy-related
aspects of the proposal.
Communications should identify both
docket numbers and be submitted in
triplicate to the address listed above.
Commenters wishing the FAA to
acknowledge receipt of their comments
on this notice must submit with those
comments a self-addressed, stamped
postcard on which the following
statement is made: ‘‘Comments to
Docket No. FAA–2005–23026/Airspace
Docket No. 05–AAL–39.’’ The postcard
will be date/time stamped and returned
to the commenter.
All communications received on or
before the specified closing date for
comments will be considered before
taking action on the proposed rule. The
proposal contained in this notice may
be changed in light of comments
received. All comments submitted will
be available for examination in the
public docket both before and after the
closing date for comments. A report
summarizing each substantive public
contact with FAA personnel concerned
with this rulemaking will be filed in the
docket.
Availability of Notice of Proposed
Rulemaking’s (NPRM’s)
An electronic copy of this document
may be downloaded through the
Internet at https://dms.dot.gov. Recently
published rulemaking documents can
also be accessed through the FAA’s Web
page at https://www.faa.gov or the
Superintendent of Document’s Web
page at https://www.access.gpo.gov/nara.
Additionally, any person may obtain
a copy of this notice by submitting a
request to the Federal Aviation
Administration, Office of Air Traffic
Airspace Management, ATA–400, 800
Independence Avenue, SW.,
Washington, DC 20591 or by calling
(202) 267–8783. Communications must
identify both docket numbers for this
notice. Persons interested in being
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placed on a mailing list for future
NPRM’s should contact the FAA’s
Office of Rulemaking, (202) 267–9677,
to request a copy of Advisory Circular
No. 11–2A, Notice of Proposed
Rulemaking Distribution System, which
describes the application procedure.
The Proposal
The FAA is considering an
amendment to the Code of Federal
Regulations (14 CFR part 71), which
would revise the Class E airspace at
Sand Point, AK. The intended effect of
this proposal is to modify Class E
airspace upward from 700 ft. and 1,200
ft. above the surface to contain
Instrument Flight Rules (IFR) operations
at Sand Point, AK.
The FAA Instrument Flight
Procedures Production and
Maintenance Branch has developed
three new SIAPs, revised the DP, and
modified one SIAP for the Sand Point
Airport. The new approaches are: (1)
Area Navigation (Global Positioning
System) (RNAV (GPS)) Runway (RWY)
13, original; (2) Non-directional Beacon
(NDB)/Distance Measuring Equipment
(DME) RWY 13, original; (3) NDB/DME
RWY 31, original. The unnamed revised
DP is published in the front of the U.S.
Terminal Procedures Alaska Vol 1. The
revised SIAP is the NDB RWY 13,
Amendment 1. Modified Class E
controlled airspace extending upward
from 700 ft. and 1,200 ft. above the
surface within the Sand Point Airport
area would be established by this action.
The proposed airspace is sufficient to
contain aircraft executing the new and
revised instrument procedures at the
Sand Point Airport.
The area would 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 in FAA
Order 7400.9N, Airspace Designations
and Reporting Points, dated September
1, 2005, and effective September 15,
2005, which is incorporated by
reference in 14 CFR 71.1. The Class E
airspace designations listed in this
document would be published
subsequently in the Order.
The FAA has determined that this
proposed 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
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]]>Agencies
[Federal Register Volume 70, Number 243 (Tuesday, December 20, 2005)]
[Proposed Rules]
[Pages 75435-75438]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24247]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2003-NM-194-AD]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model MD-90-30
Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Supplemental notice of proposed rulemaking; reopening of
comment period.
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SUMMARY: This document revises an earlier proposed airworthiness
directive (AD), applicable to certain McDonnell Douglas Model MD-90-30
airplanes, that would have required repetitive inspections and
functional tests of the static port heater assemblies, an inspection of
the static port heaters and insulators, and corrective actions if
necessary. This new action revises the proposed AD by adding repetitive
inspections of the static port heaters and insulators and revising the
functional test of the static port heater assemblies. The actions
specified by this new proposed AD are intended to prevent an electrical
short of the static port heater from sparking and igniting the
insulation blanket adjacent to the static port heater, which could
result in smoke and/or fire in the cabin area. This action is intended
to address the identified unsafe condition.
DATES: Comments must be received by January 17, 2006.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2003-NM-194-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. Comments may be submitted via fax to (425) 227-1232.
Comments may also be sent via the Internet using the following address:
9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must
contain ``Docket No. 2003-NM-194-AD'' in the subject line and need not
be submitted in triplicate. Comments sent via the Internet as attached
electronic files must be formatted in Microsoft Word 97 or 2000 or
ASCII text.
The service information referenced in the proposed 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 FAA, Transport Airplane Directorate, 1601 Lind Avenue,
SW., Renton, Washington; or at the FAA, Los Angeles Aircraft
Certification Office, 3960 Paramount Boulevard, Lakewood, California.
FOR FURTHER INFORMATION CONTACT: Elvin Wheeler, Aerospace Engineer,
Systems and Equipment Branch, ANM-130L, FAA, Los Angeles Aircraft
Certification Office, 3960 Paramount Boulevard, Lakewood, California
90712-4137; telephone (562) 627-5344; fax (562) 627-5210.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed AD 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 above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed AD. The proposals contained in this action may be changed in
light of the comments received.
Submit comments using the following format:
Organize comments issue-by-issue. For example, discuss a
request to change the compliance time and a request to change the
service bulletin reference as two separate issues.
For each issue, state what specific change to the proposed
AD is being requested.
Include justification (e.g., reasons or data) for each
request.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed AD. 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 summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this action must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2003-NM-194-AD.'' The postcard will be date stamped
and returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 2003-NM-194-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
A proposal to amend part 39 of the Federal Aviation Regulations (14
CFR part 39) to add an airworthiness directive (AD), applicable to
certain McDonnell Douglas Model MD-90-30 airplanes, was published as a
notice of proposed rulemaking (NPRM) in the Federal Register on March
8, 2004 (69 FR 10638). That NPRM would have required repetitive
inspections and functional tests of the static port heater assemblies,
an inspection of the static port heaters and insulators, and corrective
actions if necessary. That NPRM was prompted by studies that revealed
that the wiring of the static port heater assembly may be damaged. That
condition, if not corrected, could result in an electrical short of the
static port heater and consequent sparking and ignition of the
insulation blanket adjacent to the static port heater, which could
result in smoke and/or fire in the cabin area.
[[Page 75436]]
Actions Since Issuance of Previous Proposal
The airplane manufacturer informed the FAA that the functional test
of the left and right primary and alternate static port heater
assemblies must be revised to prevent damaging the aircraft fuselage
skin. An operator informed the airplane manufacturer that performing
the current functional test will overheat and damage the aircraft
fuselage skin. Therefore, the airplane manufacturer has revised the
functional test and issued Boeing Service Bulletin MD90-30-026,
Revision 1, dated May 27, 2005, which references the revised functional
test (Boeing Service Bulletin MD90-30-026, dated February 15, 2002, is
cited as the appropriate source of service information for doing
functional tests specified in the original NPRM). We have revised the
supplemental NPRM to reference Revision 1 of Boeing Service Bulletin
MD90-30-026 as the appropriate source of service information for
accomplishing certain proposed inspections, replacements, and
functional tests.
We have also considered the following comments we received in
response to the original NPRM:
Request To Add Repetitive Inspections
The National Transportation Safety Board (NTSB) requests that the
inspection for incorrect stacking specified in paragraph (b)(2) of the
NPRM be changed from a one-time inspection to a repetitive inspection.
The NTSB is concerned that, after the one-time inspection specified in
the NPRM, incorrect stacking may still occur. The NTSB states that
repetitive inspections would address any incorrect stacking that may
occur in the future. The NTSB also states that the repetitive
inspection interval could be the same as the one for the inspection
specified in paragraph (b)(1) of the NPRM, and therefore would not
place an undue burden on operators.
We agree with the NTSB that the inspection required in paragraph
(b)(2) of the supplemental NPRM be changed to repetitive inspections.
Incorrect stacking of the heater and insulator will cause higher-than-
normal operating temperature locally in the insulation blanket, which
would lead to quicker deterioration and aging of the rubber, causing it
to crack and lead to electrical shorting or arcing. In consideration of
this unsafe condition and the potential for incorrect stacking, we have
determined that repetitive inspections of the heater and insulator for
incorrect stacking is necessary. We have revised paragraph (b) of the
supplemental NPRM accordingly.
Request To Withdraw the NPRM
One commenter, the airplane manufacturer, requests that the NPRM be
withdrawn. The commenter contends that the unsafe condition no longer
exists. The commenter states that the unsafe condition was addressed by
Boeing Alert Service Bulletin MD90-30A023, including Appendix, dated
March 14, 2001 (for Model MD-90-30 airplanes), which was mandated by AD
2001-10-11, amendment 39-12237 (66 FR 28651, May 24, 2001), and by
Boeing Alert Service Bulletin MD80-30A092, including Appendix, dated
March 14, 2001 (for Model DC-9-81, -82, -83, and -87 airplanes, and
Model MD-88 airplanes), which was mandated by AD 2001-10-10, amendment
39-12236 (66 FR 28643, May 24, 2001). The commenter states that those
ADs require inspecting the wiring of the primary and alternate static
port heaters, determining if the type of insulation blanket installed
is metallized Mylar, and modifying the insulation blankets if
necessary.
The commenter also states that a review of operator's reports
indicates only two events resulted in smoke in the cabin, both on one
operator's MD-88 airplanes. One event resulted in the issuance of the
service bulletins described previously, and the other event report
stated a smoke smell was ``evident.'' The commenter notes that ``in the
three years since the release of these service bulletins and the
related ADs, no other static port heater smoke/fire events have been
reported from the entire MD-80/90 fleet.''
The commenter concludes that the unsafe condition no longer exists,
and that the actions in the NPRM are purely an enhancement. Therefore,
the commenter requests that the NPRM be withdrawn.
We do not agree with the commenter's request to withdraw the NPRM.
Although no other static port heater smoke/fire events have been
reported since we issued ADs 2001-10-10 and 2001-10-11, the potential
for sparks from an electrical short of the static port heater to ignite
the insulation blanket adjacent to the static port heater and result in
smoke and/or fire in the cabin area still exists. While ADs 2001-10-10
and 2001-10-11 require only a one-time inspection of the wiring of the
static port heaters, this supplemental NPRM would require repetitive
functional tests and inspections of the static port heater assemblies
and wiring. The proposed repetitive inspections are required to
identify and remove marginal static port heaters before they fail and
generate sparks. Therefore, we have not withdrawn this supplemental
NPRM.
Request To Revise Airplane Maintenance Manual (AMM)
One commenter requests that AMM 30-32-00 be revised to include the
procedures to check the insulator for proper installation.
We partially agree with the commenter's request. Operators should
note that the procedures to check the insulator for proper installation
are located in Boeing Model MD-90-30 AMM 30-32-01, which is a
subparagraph of AMM 30-32-00. We have revised the reference to the AMM
in paragraph (b)(2) of this supplemental NPRM accordingly.
Request To Revise Service Bulletin
The same commenter requests that Boeing Service Bulletin MD90-30-
026, dated February 15, 2002 (cited as the appropriate source of
service information for the NPRM), be revised to include the inspection
for proper installation as required by the NPRM. The commenter notes
that the service bulletin does not include an inspection for proper
installation.
We do not agree with the commenter's request. We have consulted
with the manufacturer and have concluded that the AMM provides the
necessary information to properly complete the inspection. Therefore,
there is limited value in revising the service bulletin to include this
information. No change is made to the supplemental NPRM in this regard.
Clarification of Alternative Method of Compliance (AMOC) Paragraph
We have revised this supplemental NPRM to clarify the appropriate
procedure for notifying the principal inspector before using any
approved AMOC on any airplane to which the AMOC applies.
Conclusion
Since certain changes described above expand the scope of the
original NPRM, the FAA has determined that it is necessary to reopen
the comment period to provide additional opportunity for public
comment.
Cost Impact
There are approximately 116 airplanes of the affected design in the
worldwide fleet. The FAA estimates that 22 airplanes of U.S. registry
would be affected by this proposed AD.
It would take approximately 1 work hour per airplane to accomplish
the proposed general visual inspection for
[[Page 75437]]
wire damage and functional test, at an average labor rate of $65 per
work hour. Based on these figures, the cost impact of the proposed
inspection for wire damage and functional test on U.S. operators is
estimated to be $1,430, or $65 per airplane, per inspection cycle.
It would also take approximately 1 work hour per airplane to
accomplish the proposed general visual inspection for proper
installation, at an average labor rate of $65 per work hour. Based on
these figures, the cost impact of the proposed inspection for proper
installation on U.S. operators is estimated to be $1,430, or $65 per
airplane, per inspection cycle.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the proposed 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.
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 Impact
The regulations proposed herein would 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 proposal would not have federalism implications
under Executive Order 13132.
For the reasons discussed above, I certify that this proposed
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) if promulgated, 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 draft
regulatory 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, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
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:
McDonnell Douglas: Docket 2003-NM-194-AD.
Applicability: Model MD-90-30 airplanes, certificated in any
category, as identified in Boeing Service Bulletin MD90-30-026,
Revision 1, dated May 27, 2005.
Compliance: Required as indicated, unless accomplished
previously.
To prevent an electrical short of the static port heater from
sparking and igniting the insulation blanket adjacent to the static
port heater, which could result in smoke and/or fire in the cabin
area, accomplish the following:
Service Bulletin References
(a) The term ``service bulletin,'' as used in this AD, means the
Accomplishment Instructions of Boeing Service Bulletin MD90-30-026,
Revision 1, dated May 27, 2005.
Inspection and Functional Test
(b) Within 18 months after the effective date of this AD, do the
actions in paragraphs (b)(1) and (b)(2) of this AD. Repeat the
actions thereafter at intervals not to exceed 48 months.
(1) Perform a general visual inspection of the left and right
primary and alternate static port heater assemblies for wire damage;
and perform a functional test of the left and right primary and
alternate static port heater assemblies; in accordance with the
service bulletin.
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 may be necessary to
ensure visual access to all surfaces in the inspection area. This
level of inspection is made under normal available lighting
conditions such as daylight, hangar lighting, flashlight or drop-
light 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.''
(2) Perform a general visual inspection of the left and right
primary and alternate static port heater and insulator for proper
installation in accordance with a method approved by the Manager,
Los Angeles Aircraft Certification Office (ACO). Inspecting for
proper installation in accordance with ``Static Port Heaters--
Maintenance Practices'' of McDonnell Douglas MD-90-30 Airplane
Maintenance Manual (AMM) 30-32-01 is one approved method. Before
further flight, correct any improper installation in accordance with
a method approved by the Manager, Los Angeles ACO. Correcting
improper installation in accordance with ``Static Port Heaters--
Maintenance Practices'' of AMM 30-32-01 is one approved method. For
an inspection method or corrective method to be approved by the
Manager, Los Angeles ACO, as required by this paragraph, the
Manager's approval letter must specifically refer to this AD.
Wire Damage or Heater Failures
(c) If wire damage is found and/or the heater assembly fails the
functional test during the general visual inspection and functional
test required by paragraph (b)(1) of this AD: Before further flight,
replace the damaged or inoperative static port heater assembly with
a new or serviceable static port heater assembly in accordance with
the service bulletin.
Actions Accomplished According to Previous Issue of Service Bulletin
(d) Actions accomplished before the effective date of this AD
according to Boeing Service Bulletin MD90-30-026, dated February 15,
2002, are considered acceptable for compliance with the
corresponding actions specified in this AD.
Alternative Methods of Compliance
(e)(1) In accordance with 14 CFR 39.19, the Manager, Los Angeles
ACO, FAA, is authorized to approve alternative methods of compliance
for this AD.
(2) Before using any AMOC approved in accordance with 14 CFR
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the
[[Page 75438]]
FAA Flight Standards Certificate Holding District Office.
Issued in Renton, Washington, on December 12, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-24247 Filed 12-19-05; 8:45 am]
BILLING CODE 4910-13-P
