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 MD-88 Airplanes, 13050-13053 [E6-3565]

Download as PDF 13050 Federal Register / Vol. 71, No. 49 / Tuesday, March 14, 2006 / Proposed Rules the report. If any signatory is unable to or refuses to certify the report, the institution must disclose the individual’s name and position title and the reasons such individual is unable or refuses to certify the report. At a minimum, the certification must include a statement that: (1) The signatories have reviewed the report, (2) The report has been prepared in accordance with all applicable statutory or regulatory requirements, and (3) The information is true, accurate, and complete to the best of signatories’ knowledge and belief. (d) Internal controls assessment. (1) Annual and quarterly reports must include an assessment of the internal financial controls of the Funding Corporation over the Report to Investors. At a minimum, an assessment must: (i) Affirmatively state internal controls are in place, (ii) Declare the internal controls were reviewed during the reporting period, (iii) Indicate that the details of the internal controls review were reported to the Funding Corporation’s board of directors and the System Audit Committee, and (iv) Include a conclusion on the effectiveness of internal controls. (2) The qualified public accountant must, at a minimum, review, attest, and report on whether the internal controls are sufficient to reasonably ensure that the System-wide financial statements published by the Funding Corporation do not contain material misstatements. The accountant’s report must be included in the annual report to investors. 24. Amend § 630.6 by revising paragraph (a)(4)(ii) to read as follows: wwhite on PROD1PC65 with PROPOSAL § 630.6 Funding Corporation committees. (a) * * * (4) * * * (ii) External auditors. The external auditor must report directly to the SAC. The SAC must: (A) Determine the appointment, compensation, and retention of external auditors issuing System-wide audit reports; (B) Review the external auditor’s work; (C) Give prior approval for any nonaudit services performed by the external auditor, except those non-audit services specifically prohibited by FCA regulation; and (D) Comply with the auditor independence provisions of part 621 of this chapter. * * * * * VerDate Aug<31>2005 16:21 Mar 13, 2006 Jkt 208001 Subpart B—Annual Report to Investors 25. Amend § 630.20 as follows: a. Remove paragraph (b)(3); and b. Revise the introductory text, paragraphs (f) introductory text, (h)(1), (i), (k), and (l) introductory text to read as follows: § 630.20 Contents of the annual report to investors. The annual report must contain the following: * * * * * (f) Selected financial data. At a minimum, furnish the following combined financial data of the System in comparative columnar form for each of the last 5 fiscal years, if material. * * * * * (h) Directors and management. (1) Board of directors. Briefly describe the composition of boards of directors of the disclosure entities. List the name of each director of such entities, including the director’s term of office and principal occupation during the past 5 years, or state that such information is available upon request pursuant to § 630.4(a)(5) and (a)(6). (2) * * * (i) Compensation of directors and senior officers. State that information on the compensation of directors and senior officers of System banks is contained in each bank’s annual report to shareholders and that the annual report of each bank is available to investors upon request pursuant to § 630.4(a)(5) and (a)(6). * * * * * (k) Relationship with qualified public accountant. (1) If a change in the qualified public accountant who has previously examined and expressed an opinion on the System-wide combined financial statements has taken place since the last annual report to investors or if a disagreement with a qualified public accountant has occurred that the Funding Corporation would be required to report to the FCA under part 621 of this chapter, disclose the information required by § 621.4(c) and (d). (2) Disclose the total fees paid during the reporting period to the qualified public accountant or accounting firm by the category of services provided. At a minimum, identify fees paid for audit services, tax services, and non-audit related services. The types of non-audit services must be identified and indicate audit committee approval of the services. (l) Financial statements. Furnish System-wide combined financial statements and related footnotes prepared in accordance with GAAP, and PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 accompanied by supplemental information prepared in accordance with the requirements of § 630.20(m). The System-wide combined financial statements shall provide investors and potential investors in FCS debt obligations with the most meaningful presentation pertaining to the financial condition and results of operations of the System. The System-wide combined financial statement and accompanying supplemental information shall be audited in accordance with generally accepted auditing standards by a qualified public accountant. The System-wide combined financial statements shall include the following: * * * * * Dated: March 8, 2006. Roland E. Smith, Secretary, Farm Credit Administration Board. [FR Doc. 06–2382 Filed 3–13–06; 8:45 am] BILLING CODE 6705–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 2001–NM–387–AD] 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 MD–88 Airplanes Federal Aviation Administration, 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 airplane models, that would have required a one-time inspection for chafing or signs of arcing of the wire bundle for the auxiliary hydraulic pump, and other specified and corrective actions, as applicable. This new action revises the proposed rule by proposing that certain airplanes be required to install additional protective sleeving on the upper portion of the auxiliary hydraulic pump wire assembly. The proposed AD results from reports of shorted wires and evidence of arcing on the power cables of the auxiliary hydraulic pump, as well as fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent shorted wires or arcing at the auxiliary hydraulic pump, which could result in loss of auxiliary hydraulic E:\FR\FM\14MRP1.SGM 14MRP1 Federal Register / Vol. 71, No. 49 / Tuesday, March 14, 2006 / Proposed Rules wwhite on PROD1PC65 with PROPOSAL power, or a fire in the wheel well of the airplane. The proposed actions are also intended to reduce the potential of an ignition source adjacent to the fuel tanks, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane. DATES: Comments must be received by April 10, 2006. ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Transport Airplane Directorate, ANM–114, Attention: Rules Docket No. 2001–NM– 387–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. 2001–NM–387–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 rule 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 rule by submitting such written data, views, or arguments as they may desire. Communications shall identify the Rules Docket number and be submitted in triplicate to the address specified above. All communications received on or before the closing date for comments, specified above, will be considered before taking action on the VerDate Aug<31>2005 16:21 Mar 13, 2006 Jkt 208001 proposed rule. 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 rule. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. A report 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 2001–NM–387–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. 2001–NM–387–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 DC–9–81 (MD–81), DC–9–82 (MD–82), DC–9–83 (MD–83), DC–9–87 (MD–87), and MD– 88 airplanes, was published as a supplemental notice of proposed rulemaking (NPRM) in the Federal Register on May 2, 2005 (70 FR 22613) (referred to after this as ‘‘the first supplemental NPRM’’). The first supplemental NPRM would have required a one-time inspection for chafing or signs of arcing of the wire bundle for the auxiliary hydraulic pump, and other specified and corrective actions, as applicable. The first supplemental NPRM was prompted by reports of shorted wires and evidence of arcing on the power cables of the auxiliary hydraulic pump. That PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 13051 condition, if not corrected, could result in loss of auxiliary hydraulic power, or a fire in the wheel well of the airplane. Explanation of New Relevant Service Information Since the issuance of the first supplemental NPRM, Boeing has issued and we have reviewed Boeing Alert Service Bulletin MD80–29A070, Revision 1, dated July 28, 2005. (The first supplemental NPRM refers to Boeing Alert Service Bulletin MD80– 29A070, dated August 3, 2004, as the appropriate source of service information for the proposed actions.) Among other things, Revision 1 adds an additional configuration, Configuration 4, which applies to airplanes in Configuration 3 (which are airplanes delivered with 90-degree backshell connector installed) on which the original issue of Boeing Alert Service Bulletin MD80–29A070 was accomplished. The new action for the airplanes in Configuration 4 is installing additional protective sleeving on the upper portion of the auxiliary hydraulic pump wire assembly. We have updated the service bulletin references throughout this second supplemental NPRM to specify Revision 1 of the service bulletin as the acceptable source of service information. We have also revised this second supplemental NPRM to give credit for actions accomplished before the effective date of the AD in accordance with the original issue of the service bulletin, and to require the additional actions specified in Revision 1 for affected airplanes. Also, Section 2.A., Material Information, of Boeing Alert Service Bulletin MD80–29A070, Revision 1, specifies an increased cost for parts. (The first supplemental NPRM estimates that required parts would cost up to $339.) Thus, we have revised the Cost Impact section of this second supplemental NPRM to specify that required parts could cost up to $524. Comments Due consideration has been given to the comments received in response to the first supplemental NPRM. Request To Address Special Federal Aviation Regulation (SFAR) 88 Findings One commenter, Boeing, requests that we revise the statement of the unsafe condition in the Summary of the first supplemental NPRM. Boeing points out that the supplemental NPRM does not address the fact that Boeing Alert Service Bulletin MD80–29A070 resulted from the safety assessments conducted under SFAR 88. Boeing observes that E:\FR\FM\14MRP1.SGM 14MRP1 13052 Federal Register / Vol. 71, No. 49 / Tuesday, March 14, 2006 / Proposed Rules wwhite on PROD1PC65 with PROPOSAL the statement of the unsafe condition in the NPRM and first supplemental NPRM mentions only preventing shorted wires or arcing at the auxiliary hydraulic pump, which could result in loss of auxiliary hydraulic power, or a fire in the wheel well of the airplane. Boeing states that the determination that extra protection was needed for the wire bundle for the auxiliary hydraulic pump where the wire bundle was in close proximity to the center fuel tank was based on the findings of the safety assessments conducted under SFAR 88. We partially agree with the request. We acknowledge that Boeing Alert Service Bulletin MD80–29A070 is the result of safety assessments conducted by Boeing under SFAR 88. Indeed, this is stated in paragraph 1.C., Reason, of that service bulletin. However, Boeing Alert Service Bulletin MD80–29A068, Revision 02 (which Boeing Alert Service Bulletin MD80–29A070 supersedes but does not cancel, as explained in the first supplemental NPRM) also addresses inservice incidents of arcing of the auxiliary hydraulic pump power cables and electrically shorted wires in the right wheel well. We find that it is appropriate to insert a statement in the Summary of this second supplemental NPRM that indicates that this second supplemental NPRM results from ‘‘reports of shorted wires and evidence of arcing on the power cables of the auxiliary hydraulic pump, as well as fuel system reviews conducted by the manufacturer.’’ We have also expanded the statement of the unsafe condition in the Summary and the body of this second supplemental NPRM to state that the proposed actions are also intended to ‘‘reduce the potential of an ignition source adjacent to the fuel tanks, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane.’’ Request To Clarify Meaning of ‘‘Corrective and Other Specified Actions’’ American Airlines (referred to hereafter in this AD as ‘‘AAL’’), in a comment submitted through the Air Transport Association of America (ATA), requests that we revise paragraph (a) of the first supplemental NPRM to specifically state the requirements to inspect, repair or replace wires, and modify. AAL declares ‘‘vague’’ the statement, ‘‘* * * do all applicable corrective and other specified actions * * *.’’ AAL assumes that ‘‘applicable corrective (actions)’’ refers to repairing or replacing chafed or damaged wiring, and that ‘‘other specified actions’’ refers to installing VerDate Aug<31>2005 16:21 Mar 13, 2006 Jkt 208001 protective sleeving on the wire bundle, changing the routing of the wiring, and replacing the straight connector backshell with a 90-degree backshell.’’ We do not agree that any clarification is needed. The terms ‘‘correction actions’’ and ‘‘other specified actions,’’ as well as ‘‘related investigative actions,’’ are used in many of the ADs we write as a means of clarifying and simplifying the AD requirements. When we use these terms in an AD, the details of these actions are always explained in full in the preamble of the NPRM (or supplemental NPRM), as they were in the first supplemental NPRM, under the heading ‘‘Explanation of New Relevant Service Information.’’ We have not changed this second supplemental NPRM in this regard. However, for the convenience of affected operators, we will reiterate the explanation of ‘‘corrective and other specified actions’’ that appears in the preamble of the first supplemental NPRM: ‘‘The service bulletin also describes procedures for the following corrective and other specified actions: • Repairing chafed or damaged wiring, or replacing it with new wiring, as applicable. • Installing protective sleeving on the wire bundle. • Changing the routing of the wire bundle for the auxiliary hydraulic pump and adding additional clamps. • Adding snap tubing on a portion of the wire bundle. • Replacing the existing connector backshell with a 90-degree backshell, if necessary.’’ Clarification of Alternative Method of Compliance (AMOC) Paragraph We have revised this action 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 these changes expand the scope of the originally proposed rule, 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 1,063 airplanes of the affected design in the worldwide fleet. We estimate that 732 airplanes of U.S. registry would be affected by this proposed AD, that it would take up to 12 work hours per airplane to accomplish the proposed actions, and that the average labor rate is $65 per work hour. Required parts would cost up to $524 per airplane. PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 Based on these figures, the cost impact of the proposed AD on U.S. operators is estimated to be up to $954,528, or up to $1,304 per airplane. For airplanes in Configuration 4, as defined in Boeing Alert Service Bulletin MD80–29A070, Revision 1, it would take approximately 2 work hours to accomplish the proposed additional action, at an average labor rate of $65 per work hour. Required parts would cost approximately $40 per airplane. Based on these figures, the cost impact of this action on an affected airplane is estimated to be $170 per airplane. (We do not know how many airplanes will be in Configuration 4.) The cost impact figures discussed above are 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 E:\FR\FM\14MRP1.SGM 14MRP1 Federal Register / Vol. 71, No. 49 / Tuesday, March 14, 2006 / Proposed Rules 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 2001–NM–387– AD. wwhite on PROD1PC65 with PROPOSAL 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; certificated in any category; as identified in Boeing Alert Service Bulletin MD80–29A070, Revision 1, dated July 28, 2005. Compliance Required as indicated, unless accomplished previously. To prevent shorted wires or arcing at the auxiliary hydraulic pump, which could result in loss of auxiliary hydraulic power, or a fire in the wheel well of the airplane; and to reduce the potential of an ignition source adjacent to the fuel tanks, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane; accomplish the following: One-Time Inspection (a) For airplanes in Configurations 1 through 3, as defined in Boeing Alert Service Bulletin MD80–29A070, Revision 1, dated VerDate Aug<31>2005 16:21 Mar 13, 2006 Jkt 208001 July 28, 2005: Within 18 months after the effective date of this AD, do a one-time general visual inspection for chafing or signs of arcing of the wire bundle for the auxiliary hydraulic pump, and do all applicable corrective and other specified actions, in accordance with the Accomplishment Instructions of the service bulletin. Accomplish all applicable corrective actions before further flight after the inspection. 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 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.’’ Installation of Additional Wiring Protection (b) For airplanes in Configuration 4, as defined in Boeing Alert Service Bulletin MD80–29A070, Revision 1, dated July 28, 2005: Within 18 months after the effective date of this AD, install additional protective sleeving on the upper portion of the auxiliary hydraulic pump wire assembly in accordance with the procedures under Configuration 4 in the Accomplishment Instructions of the service bulletin. Actions Accomplished Previously (c) Actions accomplished before the effective date of this AD in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin MD80–29A070, dated August 3, 2004, are acceptable for compliance with paragraph (a) of this AD, except that the additional requirements of paragraph (b) of this AD must be done on airplanes in Configuration 4, as defined in Boeing Alert Service Bulletin MD80–29A070, Revision 1, dated July 28, 2005. Alternative Methods of Compliance (d)(1) In accordance with 14 CFR 39.19, the Manager, Los Angeles Aircraft Certification Office (ACO), FAA, is authorized to approve alternative methods of compliance for this AD. (2) Before using any AMOC approved in accordance with § 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 March 7, 2006. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6–3565 Filed 3–13–06; 8:45 am] BILLING CODE 4910–13–P PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 13053 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2006–24118; Directorate Identifier 2006–NM–034–AD] RIN 2120–AA64 Airworthiness Directives; Bombardier Model BD–100–1A10 Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). AGENCY: SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) for certain Bombardier Model BD–100– 1A10 airplanes. This proposed AD would require an inspection for signs of arcing or heat damage of the electrical connections of the terminal blocks, ground studs, and the end of the wires and surrounding insulation for the windshield and side window anti-ice systems; and repairing any arced or damaged electrical connection. This proposed AD also would require retorquing electrical connections of the terminal blocks and ground studs for the windshield and side window anti-ice systems. This proposed AD results from an in-service incident involving smoke and odor in the cockpit. We are proposing this AD to prevent loose electrical connections that could arc and overheat, and cause wiring damage of the windshield and side window antiice systems. Such wiring damage could result in smoke and/or fire in the flight compartment. DATES: We must receive comments on this proposed AD by April 13, 2006. ADDRESSES: Use one of the following addresses to submit comments on this proposed 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. Contact Bombardier, Inc., Bombardier Regional Aircraft Division, 123 Garratt E:\FR\FM\14MRP1.SGM 14MRP1

Agencies

[Federal Register Volume 71, Number 49 (Tuesday, March 14, 2006)]
[Proposed Rules]
[Pages 13050-13053]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-3565]


=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-387-AD]
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 MD-88 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking; reopening of 
comment period.

-----------------------------------------------------------------------

SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD), applicable to certain McDonnell Douglas airplane 
models, that would have required a one-time inspection for chafing or 
signs of arcing of the wire bundle for the auxiliary hydraulic pump, 
and other specified and corrective actions, as applicable. This new 
action revises the proposed rule by proposing that certain airplanes be 
required to install additional protective sleeving on the upper portion 
of the auxiliary hydraulic pump wire assembly. The proposed AD results 
from reports of shorted wires and evidence of arcing on the power 
cables of the auxiliary hydraulic pump, as well as fuel system reviews 
conducted by the manufacturer. We are proposing this AD to prevent 
shorted wires or arcing at the auxiliary hydraulic pump, which could 
result in loss of auxiliary hydraulic

[[Page 13051]]

power, or a fire in the wheel well of the airplane. The proposed 
actions are also intended to reduce the potential of an ignition source 
adjacent to the fuel tanks, which, in combination with flammable fuel 
vapors, could result in a fuel tank explosion and consequent loss of 
the airplane.

DATES: Comments must be received by April 10, 2006.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-387-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. 2001-NM-387-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 rule 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 rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. 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 rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report 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 2001-NM-387-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. 2001-NM-387-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 DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-
83 (MD-83), DC-9-87 (MD-87), and MD-88 airplanes, was published as a 
supplemental notice of proposed rulemaking (NPRM) in the Federal 
Register on May 2, 2005 (70 FR 22613) (referred to after this as ``the 
first supplemental NPRM''). The first supplemental NPRM would have 
required a one-time inspection for chafing or signs of arcing of the 
wire bundle for the auxiliary hydraulic pump, and other specified and 
corrective actions, as applicable. The first supplemental NPRM was 
prompted by reports of shorted wires and evidence of arcing on the 
power cables of the auxiliary hydraulic pump. That condition, if not 
corrected, could result in loss of auxiliary hydraulic power, or a fire 
in the wheel well of the airplane.

Explanation of New Relevant Service Information

    Since the issuance of the first supplemental NPRM, Boeing has 
issued and we have reviewed Boeing Alert Service Bulletin MD80-29A070, 
Revision 1, dated July 28, 2005. (The first supplemental NPRM refers to 
Boeing Alert Service Bulletin MD80-29A070, dated August 3, 2004, as the 
appropriate source of service information for the proposed actions.) 
Among other things, Revision 1 adds an additional configuration, 
Configuration 4, which applies to airplanes in Configuration 3 (which 
are airplanes delivered with 90-degree backshell connector installed) 
on which the original issue of Boeing Alert Service Bulletin MD80-
29A070 was accomplished. The new action for the airplanes in 
Configuration 4 is installing additional protective sleeving on the 
upper portion of the auxiliary hydraulic pump wire assembly. We have 
updated the service bulletin references throughout this second 
supplemental NPRM to specify Revision 1 of the service bulletin as the 
acceptable source of service information. We have also revised this 
second supplemental NPRM to give credit for actions accomplished before 
the effective date of the AD in accordance with the original issue of 
the service bulletin, and to require the additional actions specified 
in Revision 1 for affected airplanes.
    Also, Section 2.A., Material Information, of Boeing Alert Service 
Bulletin MD80-29A070, Revision 1, specifies an increased cost for 
parts. (The first supplemental NPRM estimates that required parts would 
cost up to $339.) Thus, we have revised the Cost Impact section of this 
second supplemental NPRM to specify that required parts could cost up 
to $524.

Comments

    Due consideration has been given to the comments received in 
response to the first supplemental NPRM.

Request To Address Special Federal Aviation Regulation (SFAR) 88 
Findings

    One commenter, Boeing, requests that we revise the statement of the 
unsafe condition in the Summary of the first supplemental NPRM. Boeing 
points out that the supplemental NPRM does not address the fact that 
Boeing Alert Service Bulletin MD80-29A070 resulted from the safety 
assessments conducted under SFAR 88. Boeing observes that

[[Page 13052]]

the statement of the unsafe condition in the NPRM and first 
supplemental NPRM mentions only preventing shorted wires or arcing at 
the auxiliary hydraulic pump, which could result in loss of auxiliary 
hydraulic power, or a fire in the wheel well of the airplane. Boeing 
states that the determination that extra protection was needed for the 
wire bundle for the auxiliary hydraulic pump where the wire bundle was 
in close proximity to the center fuel tank was based on the findings of 
the safety assessments conducted under SFAR 88.
    We partially agree with the request. We acknowledge that Boeing 
Alert Service Bulletin MD80-29A070 is the result of safety assessments 
conducted by Boeing under SFAR 88. Indeed, this is stated in paragraph 
1.C., Reason, of that service bulletin. However, Boeing Alert Service 
Bulletin MD80-29A068, Revision 02 (which Boeing Alert Service Bulletin 
MD80-29A070 supersedes but does not cancel, as explained in the first 
supplemental NPRM) also addresses in-service incidents of arcing of the 
auxiliary hydraulic pump power cables and electrically shorted wires in 
the right wheel well. We find that it is appropriate to insert a 
statement in the Summary of this second supplemental NPRM that 
indicates that this second supplemental NPRM results from ``reports of 
shorted wires and evidence of arcing on the power cables of the 
auxiliary hydraulic pump, as well as fuel system reviews conducted by 
the manufacturer.'' We have also expanded the statement of the unsafe 
condition in the Summary and the body of this second supplemental NPRM 
to state that the proposed actions are also intended to ``reduce the 
potential of an ignition source adjacent to the fuel tanks, which, in 
combination with flammable fuel vapors, could result in a fuel tank 
explosion and consequent loss of the airplane.''

Request To Clarify Meaning of ``Corrective and Other Specified 
Actions''

    American Airlines (referred to hereafter in this AD as ``AAL''), in 
a comment submitted through the Air Transport Association of America 
(ATA), requests that we revise paragraph (a) of the first supplemental 
NPRM to specifically state the requirements to inspect, repair or 
replace wires, and modify. AAL declares ``vague'' the statement, ``* * 
* do all applicable corrective and other specified actions * * *.'' AAL 
assumes that ``applicable corrective (actions)'' refers to repairing or 
replacing chafed or damaged wiring, and that ``other specified 
actions'' refers to installing protective sleeving on the wire bundle, 
changing the routing of the wiring, and replacing the straight 
connector backshell with a 90-degree backshell.''
    We do not agree that any clarification is needed. The terms 
``correction actions'' and ``other specified actions,'' as well as 
``related investigative actions,'' are used in many of the ADs we write 
as a means of clarifying and simplifying the AD requirements. When we 
use these terms in an AD, the details of these actions are always 
explained in full in the preamble of the NPRM (or supplemental NPRM), 
as they were in the first supplemental NPRM, under the heading 
``Explanation of New Relevant Service Information.'' We have not 
changed this second supplemental NPRM in this regard. However, for the 
convenience of affected operators, we will reiterate the explanation of 
``corrective and other specified actions'' that appears in the preamble 
of the first supplemental NPRM:
    ``The service bulletin also describes procedures for the following 
corrective and other specified actions:
     Repairing chafed or damaged wiring, or replacing it with 
new wiring, as applicable.
     Installing protective sleeving on the wire bundle.
     Changing the routing of the wire bundle for the auxiliary 
hydraulic pump and adding additional clamps.
     Adding snap tubing on a portion of the wire bundle.
     Replacing the existing connector backshell with a 90-
degree backshell, if necessary.''

Clarification of Alternative Method of Compliance (AMOC) Paragraph

    We have revised this action 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 these changes expand the scope of the originally proposed 
rule, 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 1,063 airplanes of the affected design in 
the worldwide fleet. We estimate that 732 airplanes of U.S. registry 
would be affected by this proposed AD, that it would take up to 12 work 
hours per airplane to accomplish the proposed actions, and that the 
average labor rate is $65 per work hour. Required parts would cost up 
to $524 per airplane. Based on these figures, the cost impact of the 
proposed AD on U.S. operators is estimated to be up to $954,528, or up 
to $1,304 per airplane.
    For airplanes in Configuration 4, as defined in Boeing Alert 
Service Bulletin MD80-29A070, Revision 1, it would take approximately 2 
work hours to accomplish the proposed additional action, at an average 
labor rate of $65 per work hour. Required parts would cost 
approximately $40 per airplane. Based on these figures, the cost impact 
of this action on an affected airplane is estimated to be $170 per 
airplane. (We do not know how many airplanes will be in Configuration 
4.)
    The cost impact figures discussed above are 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

[[Page 13053]]

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 2001-NM-387-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; certificated in any category; as 
identified in Boeing Alert Service Bulletin MD80-29A070, Revision 1, 
dated July 28, 2005.

Compliance

    Required as indicated, unless accomplished previously. To 
prevent shorted wires or arcing at the auxiliary hydraulic pump, 
which could result in loss of auxiliary hydraulic power, or a fire 
in the wheel well of the airplane; and to reduce the potential of an 
ignition source adjacent to the fuel tanks, which, in combination 
with flammable fuel vapors, could result in a fuel tank explosion 
and consequent loss of the airplane; accomplish the following:

One-Time Inspection

    (a) For airplanes in Configurations 1 through 3, as defined in 
Boeing Alert Service Bulletin MD80-29A070, Revision 1, dated July 
28, 2005: Within 18 months after the effective date of this AD, do a 
one-time general visual inspection for chafing or signs of arcing of 
the wire bundle for the auxiliary hydraulic pump, and do all 
applicable corrective and other specified actions, in accordance 
with the Accomplishment Instructions of the service bulletin. 
Accomplish all applicable corrective actions before further flight 
after the inspection.

    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 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.''

Installation of Additional Wiring Protection

    (b) For airplanes in Configuration 4, as defined in Boeing Alert 
Service Bulletin MD80-29A070, Revision 1, dated July 28, 2005: 
Within 18 months after the effective date of this AD, install 
additional protective sleeving on the upper portion of the auxiliary 
hydraulic pump wire assembly in accordance with the procedures under 
Configuration 4 in the Accomplishment Instructions of the service 
bulletin.

Actions Accomplished Previously

    (c) Actions accomplished before the effective date of this AD in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin MD80-29A070, dated August 3, 2004, are acceptable 
for compliance with paragraph (a) of this AD, except that the 
additional requirements of paragraph (b) of this AD must be done on 
airplanes in Configuration 4, as defined in Boeing Alert Service 
Bulletin MD80-29A070, Revision 1, dated July 28, 2005.

Alternative Methods of Compliance

    (d)(1) In accordance with 14 CFR 39.19, the Manager, Los Angeles 
Aircraft Certification Office (ACO), FAA, is authorized to approve 
alternative methods of compliance for this AD.
    (2) Before using any AMOC approved in accordance with Sec.  
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 March 7, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-3565 Filed 3-13-06; 8:45 am]
BILLING CODE 4910-13-P

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