AD 96-11-13

Effective June 17, 1996.

The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of June 17, 1996.

Comments for inclusion in the Rules Docket must be received on or before July 30, 1996.

Submit comments in triplicate to the Federal Aviation Administration (FAA), Transport Airplane Directorate, ANM-103, Attention: Rules Docket No. 96-NM-98-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-4056.

The service information referenced in this AD may be obtained from McDonnell Douglas Corporation, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Technical Publications Business Administration, Department C1-L51 (2-60). 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, Transport Airplane Directorate, 3960 Paramount Boulevard, Lakewood, California; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

J. Kirk Baker, Aerospace Engineer, Systems and Equipment Branch, ANM-130L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 90712; telephone (310) 627-5345; fax (310) 627-5210.

The FAA has received two reports of smoke, fumes, and/or electrical fire emitting from the baggage bin of the aft passenger compartment and from the dust barriers of the outboard ceiling panel on McDonnell Douglas Model DC-9-82 (MD-82) series airplanes. Investigation revealed that the existing design of the light ballast assembly allows moisture condensation to ingress into the ballast case during altitude changes. The effects of such moisture subsequently contaminate the printed circuit card, which could result in a short circuit that ruptures the ballast casing and emits fire. In addition, investigation revealed that the failed light ballast assembly generated enough heat to ignite the dust barriers of the outboard ceiling panel; these barriers are flammable and have the potential to spread a fire to adjacent interior components. These conditions, if not corrected, could result in a fire in the passenger compartment.

The FAA has reviewed and approved McDonnell Douglas Alert Service Bulletin MD80-33A107, dated April 25, 1996, which describes the following procedures:

1. Performing a one-time visual inspection to determine the type of fluorescent light ballasts installed in the upper and lower cabin sidewall; and

2. Installing a protective cover on any Day-Ray Products Incorporated ballast, or replacing any Day-Ray Products Incorporated ballast with a Bruce Industries Incorporated ballast. Accomplishment of these actions will minimize the possibility of failure of the ballasts due to uncontained smoke and flame.

The FAA has also reviewed and approved McDonnell Douglas Alert Service Bulletin MD80-25A353, dated March 14, 1996, which describes procedures for removal of the dust barriers from the outboard ceiling panels, and installation of modified outboard ceiling panels. Accomplishment of this removal and installation will minimize the possibility of smoke or fire spreading into the cabin.

Since an unsafe condition has been identified that is likely to exist or develop on other McDonnell Douglas Model DC-9-80 series airplanes and Model MD-88 airplanes of the same type design, this AD is being issued to prevent a fire in the passenger compartment, which could result from the failure of the fluorescent light ballast of the upper and lower cabin sidewall, and the subsequent failure of the dust barriers of the outboard ceiling panel. This AD requires a one-time visual inspection to determine the type of fluorescent light ballasts installed in the upper and lower cabin sidewall. For airplanes on which any Day-Ray Products Incorporated ballast is installed, this AD also requires accomplishment of one of the following actions:

--Installation of a protective cover on the ballast; or --Replacement of that ballast with a Bruce Industries Incorporated ballast.

Additionally, for some airplanes, this AD requires removal of the dust barriers from the outboard ceiling panels, and installation of modified outboard ceiling panels. The actions are required to be accomplished in accordance with the alert service bulletins described previously.

Operators should note that, in addition to the recommendations of McDonnell Douglas Alert Service Bulletin MD80-33A107, this AD provides an additional option for airplanes on which any Day-Ray Products Incorporated ballast is installed that involves removal or electrical disconnection of the ballast, stowage of the ballast, and protection of the loose wiring. The FAA finds that accomplishment of these actions will eliminate the identified unsafe condition for those airplanes.

In addition, the FAA is aware that parts availability may become a problem in the future. However, under the provisions of paragraph (d) of the final rule, the FAA may approve requests for adjustments to the compliance time if data are submitted to substantiate that such an adjustment would provide an acceptable level of safety.

Since a situation exists that requires the immediate adoption of this regulation, it is found that notice and opportunity for prior public comment hereon are impracticable, and that good cause exists for making this amendment effective in less than 30 days.

Although this action is in the form of a final rule that involves requirements affecting flight safety and, thus, was not preceded by notice and an opportunity for public comment, comments are invited on this rule. Interested persons are invited to comment on this 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 under the caption ADDRESSES. All communications received on or before the closing date for comments will be considered, and this rule may be amended in light of the comments received. Factual information that supports the commenter's ideas and suggestions is extremely helpful in evaluating the effectiveness of the AD action and determining whether additional rulemaking action would be needed.

Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the 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 that summarizes each FAA-public contact concerned with the substance of this AD will be filed in the Rules Docket.

Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this rule must submit a self-addressed, stamped postcard on which the following statement is made: ``Comments to Docket Number 96-NM-98-AD.'' The postcard will be date stamped and returned to the commenter.

The regulations adopted herein will not have substantial direct effects 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, in accordance with Executive Order 12612, it is determined that this final rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.

The FAA has determined that this regulation is an emergency regulation that must be issued immediately to correct an unsafe condition in aircraft, and that it is not a ``significant regulatory action'' under Executive Order 12866. It has been determined further that this action involves an emergency regulation under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). If it is determined that this emergency regulation otherwise would be significant under DOT Regulatory Policies and Procedures, a final regulatory evaluation will be prepared and placed in the Rules Docket. A copy of it, if filed, may be obtained from the Rules Docket at the location provided under the caption ADDRESSES.

Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.

Accordingly, 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:

1. The authority citation for part 39 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.