[Federal Register: December 8, 2003 (Volume 68, Number 235)]
[Proposed Rules]               
[Page 68304-68306]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08de03-10]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No.2003-NM-58-AD]
RIN 2120-AA64

 
Airworthiness Directives; McDonnell Douglas Model DC-9-14, DC-9-
15, DC-9-15F, DC-9-31, DC-9-32, DC-9-32 (VC-9C), DC-9-33F, DC-9-34, DC-
9-34F, DC-9-33F, and DC-9-32F (C-9A, C-9B) Airplanes; and DC-9-20, DC-
9-40, and DC-9-50 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to certain McDonnell Douglas 
Model DC-9 series airplanes, that currently requires replacing the 
transformer ballast assembly in the pilot's console with a new, 
improved ballast assembly. This action would expand the applicability 
of the existing AD to include additional airplanes. In addition, this 
action would provide an optional method for accomplishing the 
requirements of the existing AD. The actions specified by the proposed 
AD are intended to prevent overheating of the ballast transformers due 
to aging fluorescent tubes that cause a higher power demand on the 
ballast transformers, which could result in smoke in the cockpit. This 
action is intended to address the identified unsafe condition.

DATES: Comments must be received by January 22, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-58-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-58-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 Aircraft Group, 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.

FOR FURTHER INFORMATION CONTACT: Elvin K. 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:
    [sbull] 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.
    [sbull] For each issue, state what specific change to the proposed 
AD is being requested.

[sbull] 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 2003-NM-58-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-58-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On December 26, 2001, the FAA issued AD 2001-26-24, amendment 39-
12590 (67 FR 497, January 4, 2002), applicable to certain McDonnell 
Douglas Model DC-9 series airplanes, to require replacement of the 
transformer ballast assembly in the pilot's console with a new, 
improved ballast assembly. That action was prompted by instances of 
smoke emanating from the ballast transformers of the cockpit 
fluorescent lights. The requirements of that AD are intended to prevent 
overheating of the ballast transformers due to aging fluorescent tubes 
that cause a higher power demand on the ballast transformers, which 
could result in smoke in the cockpit.

Actions Since Issuance of Previous Rule

    Since the issuance of that AD, the FAA has reviewed and approved 
Boeing Alert Service Bulletin DC9-33A114, Revision 03, dated January 
16, 2003. The replacement procedure described in Revision 03 is 
essentially identical to that in Revision 01 of the service bulletin, 
which was referenced in AD 2001-26-24 as the appropriate source of 
service information for accomplishing

[[Page 68305]]

the required actions in that AD. However, Revision 03 of the service 
bulletin adds additional airplanes to the effectivity listing that are 
subject to the identified unsafe condition. In addition, Revision 03 of 
the service bulletin provides for modification of the transformer 
ballast assembly as an option to replacement of the assembly as 
required in AD 2001-26-24. Accomplishment of the actions specified in 
these service bulletins is intended to adequately address the 
identified unsafe condition.
    Boeing Alert Service Bulletin DC9-33A114, Revision 03, refers to 
Elektronika, Inc. Product Improvement Service Bulletin 33-EKA0199-BPC, 
Revision D, dated November 25, 2002, as an additional source of service 
information for accomplishment of the modification of the transformer 
ballast assembly for McDonnell Douglas Model DC-9 series airplanes.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other products of this same type design, the 
proposed AD would supersede AD 2001-26-24 to continue to require 
replacement of the transformer ballast assembly in the pilot's console 
with a new, improved ballast assembly. In addition, the proposed AD 
would expand the applicability of the existing AD to include additional 
airplanes. The proposed AD would also provide for modification of the 
transformer ballast assembly as an option to the replacement of the 
assembly for McDonnell Douglas Model DC-9 series airplanes. The actions 
would be required to be accomplished in accordance with the service 
bulletin described previously, except as discussed below.

Explanation of Change to Applicability

    In addition to referencing the service bulletin described above, 
the FAA has revised the applicability of the existing AD to identify 
model designations as published in the most recent type certificate 
data sheet.

Cost Impact

    There are approximately 575 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 477 airplanes of U.S. registry 
would be affected by this proposed AD.
    The replacement that is currently required by AD 2001-26-24 and 
also proposed as an option in this AD action takes approximately 1 work 
hour per airplane to accomplish, at an average labor rate of $65 per 
work hour. Required parts cost approximately between $1,379 and $1,860 
per airplane. Based on these figures, the cost impact of the 
replacement on U.S. operators is estimated to be between $688,788 and 
$918,225, or between $1,444 and $1,925 per airplane.
    The new optional modification that is proposed in this AD action 
would take approximately 2 work hours per airplane to accomplish, at an 
average labor rate of $65 per work hour. Required parts would cost 
approximately $4,472 per airplane. Based on these figures, the cost 
impact of the proposed requirements of this AD on U.S. operators is 
estimated to be $4,602 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or 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.

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 removing amendment 39-12590 (67 FR 
497, January 4, 2002), and by adding a new airworthiness directive 
(AD), to read as follows:

McDonnell Douglas: Docket 2003-NM-58-AD. Supersedes AD 2001-26-24, 
Amendment 39-12590.

    Applicability: Model DC-9-14, DC-9-15, DC-9-15F, DC-9-31, DC-9-
32, DC-9-32 (VC-9C), DC-9-33F, DC-9-34, DC-9-34F, DC-9-33F, and DC-
9-32F (C-9A, C-9B) airplanes; and DC-9-20, DC-9-40, and DC-9-50 
series airplanes; as listed in Boeing Alert Service Bulletin DC9-
33A114, Revision 03, dated January 16, 2003; certificated in any 
category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent overheating of the ballast transformers due to aging 
fluorescent tubes that cause a higher power demand on the ballast 
transformers, which could result in smoke in the cockpit, accomplish 
the following:

Replacement or Modification

    (a) Replace the transformer ballast assembly from the pilot's 
console with a new, improved ballast assembly per the Work 
Instructions in McDonnell Douglas Alert Service Bulletin DC9-33A114, 
Revision 01, dated February 15, 2000; or the Accomplishment 
Instructions in Boeing Alert Service Bulletin DC9-33A114, Revision 
03, dated January 16, 2003; or modify the existing ballast 
transformer assembly per the Accomplishment Instructions in Boeing 
Alert Service Bulletin DC9-33A114, Revision 03, dated January 16, 
2003; at the applicable time specified in paragraph (a)(1) or (a)(2) 
of this AD.

    Note 1: Boeing Alert Service Bulletin DC9-33A114, Revision 03, 
refers to Elektronika, Inc. Product Improvement Service Bulletin 33-
EKA0199-BPC, Revision D, dated November 25, 2002, as an additional 
source of service information for accomplishment of the modification 
of the transformer ballast assembly for McDonnell Douglas Model DC-9 
series airplanes.

    (1) For airplanes listed in McDonnell Douglas Alert Service 
Bulletin DC9-33A114, Revision 01, dated February 15, 2000: Within 12 
months after February 8, 2002 (the effective date of AD 2001-26-24, 
amendment 39-12590).

[[Page 68306]]

    (2) For airplanes having fuselage numbers 1039 and 1046: Within 
12 months after the effective date of this AD.

Parts Installation

    (b) As of the effective date of this AD, no person shall install 
a transformer assembly, part number BA170-1, -11, -21, or -MOD.B, on 
any airplane.

Prior Replacements

    (c) Replacements accomplished before the effective date of this 
AD per McDonnell Douglas Alert Service Bulletin DC9-33A114, Revision 
02, dated March 19, 2002, are considered acceptable for compliance 
with the corresponding action specified in this AD.

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 (AMOCs) for this AD.
    (2) Alternative methods of compliance, approved previously per 
AD 2001-26-24, amendment 39-12590, are approved as alternative 
methods of compliance with this AD.

    Issued in Renton, Washington, on December 1, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-30335 Filed 12-5-03; 8:45 am]

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