AD 2004-02-09

This amendment adopts a new airworthiness directive (AD), applicable to certain McDonnell Douglas Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), and MD-88 airplanes. This action requires a one-time visual inspection to determine if discrepant circuit breakers are installed, and corrective action if necessary. This action is necessary to prevent internal overheating and arcing of circuit breakers and airplane wiring due to long-term use and breakdown of internal components of the circuit breakers, which could result in smoke and fire in the flight compartment and main cabin. This action is intended to address the identified unsafe condition.

Final rule.

2004-02-09 McDonnell Douglas: Amendment 39-13444. Docket 2002-NM-82- AD. \n\n\tApplicability: Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), and MD-88 airplanes; as listed in Boeing Alert Service Bulletin MD80-24A194, Revision 01, dated March 11, 2003; certificated in any category. \n\n\tNote 1: This AD applies to each airplane identified in the preceding applicability provision, regardless of whether it has been modified, altered, or repaired in the area subject to the requirements of this AD. For airplanes that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/operator must request approval for an alternative method of compliance in accordance with paragraph (c) of this AD. The request should include an assessment of the effect of the modification, alteration, or repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not been eliminated, the request should include specific proposed actions to address it. \n\n\tCompliance: Required as indicated, unless accomplished previously. \n\n\tTo prevent internal overheating and arcing of circuit breakers and airplane wiring due to long-term use and breakdown of internal components of the circuit breakers, which could result in smoke and fire in the flight compartment and main cabin, accomplish the following: \n\nInspection and Replacement, if Necessary \n\n\t(a) Within 18 months after the effective date of this AD: Perform a one-time general visual inspection of the circuit breakers to determine if discrepant circuit breakers are installed (includes circuit breakers manufactured by Wood Electric and Wood Electric Division of Brumfield Potter Corporations, and incorrect circuit breakers installed per Boeing Alert Service Bulletin MD80-24A194, dated February 19, 2002), per Boeing Alert Service Bulletin MD80-24A194, Revision 01, dated March 11, 2003. \n\n\tNote 2: For the purposes of this AD, a general visual inspection is defined as: "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 enhance visual access to all exposed 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." \n\n\t(1) If no discrepant circuit breaker is found: No further action is required by this paragraph. \n\n\t(2) If any discrepant circuit breaker is found: Before further flight, replace the circuit breaker with a new, approved circuit breaker, per the service bulletin. \n\nPart Installation \n\n\t(b) As of the effective date of this AD, no person shall install, on any airplane, a circuit breaker having a part number listed in the "Existing Part Number" column in the table specified in paragraph 2.C.2. of Boeing Alert Service Bulletin MD80-24A194, Revision 01, dated March 11, 2003. \n\nAlternative Methods of Compliance \n\n\t(c) An alternative method of compliance or adjustment of the compliance time that provides an acceptable level of safety may be used if approved by the Manager, Los Angeles Aircraft Certification Office (ACO), FAA. Operators shall submit their requests through an appropriate FAA Principal Maintenance Inspector, who may add comments and then send it to the Manager, Los Angeles ACO. \n\n\tNote 3: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Los Angeles ACO. \n\nSpecial Flight Permit \n\n\t(d) Special flight permits may be issued in accordance with sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) tooperate the airplane to a location where the requirements of this AD can be accomplished. \n\nIncorporation by Reference \n\n\t(e) The actions shall be done in accordance with Boeing Alert Service Bulletin MD80-24A194, Revision 01, dated March 11, 2003. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from Boeing Commercial Aircraft Group, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1-L5A (D800- 0024). Copies may be inspected at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC. \n\nEffective Date \n\n\t(f) This amendment becomes effective on March 5, 2004.

A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an airworthiness directive (AD) that is applicable to certain McDonnell Douglas Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), and MD-88 airplanes was published in the Federal Register on May 23, 2003 (68 FR 28175). That action proposed to require a one-time visual inspection to determine if discrepant circuit breakers are installed, and corrective action if necessary. \n\nComments \n\n\tInterested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the comments received. \n\nSupport for Proposed AD \n\n\tOne commenter concurs with the proposed AD. \n\nRequest To Delay Rule Until Certain Part Numbers (P/N) Are Removed From Manufacturer's Parts List \n\n\tThe other commenter, an operator, requests that the final rule not be released until the Wood Electric circuit breaker P/Ns are removed from Boeing's Approved Equivalent Parts List. The commenter states that Boeing should ensure that the affected parts are purged from the Boeing specification part stock, with the supporting documentation reflecting only acceptable parts. The commenter further states that the Wood Electric circuit breaker P/Ns are still approved to the Boeing specification numbers listed in the referenced alert service bulletin as the parts to be installed for the terminating action specified in the proposed AD. The commenter asserts that this will increase the possibility that the discrepant circuit breakers may still be installed on airplanes in the future. \n\n\tWe do not agree. We have confirmed with the manufacturer, Boeing, that it has revised the Approved Equivalent Parts List and inserted an "x" code by all Wood Electric circuit breakers. This prohibits those parts from being ordered and installed. The Wood Electric circuit breakers are no longer being manufactured and have been out of production for over twenty years, and, therefore, are no longer available from parts stock. Boeing Alert Service Bulletin MD80-24A194, Revision 01, dated March 11, 2003, referenced in this final rule, specifies that Wood Electric Corporation and Wood Electric Division of Potter Brumfield Corporation circuit breakers be replaced with currently approved circuit breakers. No change to this final rule is necessary. \n\nConclusion \n\n\tAfter careful review of the available data, including the comments noted above, the FAA has determined that air safety and the public interest require the adoption of the rule as proposed. \n\nChanges to 14 CFR Part 39/Effect on the AD \n\n\tOn July 10, 2002, the FAA issued a new version of 14 CFR part 39 (67 FR 47997, July 22, 2002), which governs the FAA's airworthiness directives system. The regulation now includes material that relates to altered products, special flight permits, and alternative methods of compliance. However, for clarity and consistency in this final rule, we have retained the language of the NPRM regarding that material. \n\nIncrease in Labor Rate \n\n\tAfter the proposed rule was issued, we reviewed the figures we use to calculate the labor rate to do the required actions. To account for various inflationary costs in the airline industry, we find it appropriate to increase the labor rate used in these calculations from $60 per work hour to $65 per work hour. The economic impact information, below, has been revised to reflect this increase in the specified hourly labor rate. \n\nCost Impact \n\n\tThere are approximately 1,177 airplanes of the affected design in the worldwide fleet. The FAA estimates that 709 airplanes of U.S. registry will be affected by this AD, that it will take approximately 80 work hours per airplane to accomplish the required inspection of the circuit breakers (over 700 installed on each airplane), and that the average labor rate is $65 per work hour. Based on these figures, the cost impact of the AD on U.S. operators is estimated to be $3,686,800, or $5,200 per airplane. \n\n\tThe cost impact figure discussed above is based on assumptions that no operator has yet accomplished any of the requirements of this AD action, and that no operator would accomplish those actions in the future if this AD were not adopted. The cost impact figures discussed in AD rulemaking actions represent only the time necessary to perform the specific actions actually required by the AD. These figures typically do not include incidental costs, such as the time required to gain access and close up, planning time, or time necessitated by other administrative actions. \n\nRegulatory Impact \n\n\tThe regulations adopted herein will not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, it is determined that this final rule does not havefederalism implications under Executive Order 13132. \n\n\tFor the reasons discussed above, I certify that this action (1) is not a "significant regulatory action" under Executive Order 12866; (2) is not a "significant rule" under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. A final evaluation has been prepared for this action and it is contained in the Rules Docket. A copy of it may be obtained from the Rules Docket at the location provided under the caption ADDRESSES. \n\nList of Subjects in 14 CFR Part 39 \n\n\tAir transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. \n\nAdoption of the Amendment \n\nAccordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: \n\nPART 39--AIRWORTHINESS DIRECTIVES \n\n1. The authority citation for part 39 continues to read as follows: \n\n\tAuthority: 49 U.S.C. 106(g), 40113, 44701. \n\n§ 39.13 (Amended) \n\n2. Section 39.13 is amended by adding the following new airworthiness directive: