11/24/2020 Transport Category Airplanes Equipped with Day-Ray

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Airworthiness Directive
Federal Register Information

Header Information
DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39 [64 FR 6788 No. 28 02/11/99]

Docket No. 96-NM-163-AD; Amendment 39-11034; AD 99-04-10

RIN 2120-AA64

Airworthiness Directives; Transport Category Airplanes Equipped with Day-Ray Products,

Inc., Fluorescent Light Ballasts

PDF Copy (If Available):

Preamble Information
AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a new airworthiness directive (AD), applicable to any
transport category airplane that is equipped with certain Day-Ray fluorescent light ballasts
installed in the upper and/or lower cabin sidewall, that requires a visual inspection to
determine the type of fluorescent light ballasts installed in the cabin sidewall, and the
replacement of suspect ballasts with new or serviceable ballasts. This amendment is
prompted by reports of smoke, fumes, and/or electrical fire emitting from the baggage bin
of the aft passenger compartment due to the failure of the fluorescent light ballasts. The
actions specified by this AD are intended to prevent fire in the passenger compartment
resulting from failure of the fluorescent light ballast of the cabin sidewall.

DATES: Effective March 18, 1999. .

The incorporation by reference of certain publications listed in the regulations is approved

by the Director of the Federal Register as of March 18, 1999.

ADDRESSES: The service information referenced in this AD may be obtained from Day-
Ray Products, Inc., 1133 Mission Street, South Pasadena, California 91031; or Hexcel
Corporation, Heath Tecna Interiors, 3225 Woburn Street, Bellingham, Washington 98226;
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or The Boeing Company, Douglas Products Division, 3855 Lakewood Boulevard, Long
Beach, California 90846, Attention: Technical Publications Business Administration,
Department C1-L51 (2-60); or Boeing Commercial Airplane Group, P.O. Box 3707,
Seattle, Washington 98124-2207. This information may be examined at the Federal
Aviation Administration (FAA), Transport Airplane Directorate, Rules Docket, 1601 Lind
Avenue, SW., Renton, Washington; or at the FAA, Transport Airplane Directorate, 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.

FOR FURTHER INFORMATION CONTACT: 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.

SUPPLEMENTARY INFORMATION: 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 any transport category airplane that is equipped with certain Day-Ray fluorescent light
ballasts installed in the upper and/or lower cabin sidewall was published as a
supplemental notice of proposed rulemaking (NPRM) in the Federal Register on
February 19, 1998 (63 FR 8374). That action proposed to require a visual inspection to
determine the type of fluorescent light ballasts installed in the cabin sidewall, and the
replacement of suspect ballasts with new or serviceable ballasts.

Comments
Interested persons have been afforded an opportunity to participate in the making of this
amendment. Due consideration has been given to the comments received.

Support for the Proposal

Several commenters support the proposed rule.

Request to Revise Cost Impact Information

One commenter states that, based on prior experience with replacing the light ballasts on
its airplanes, the work hours necessary to accomplish the proposed replacement is
greater than the estimate of 50 work hours per airplane, and the parts cost is greater than
the estimate of $8,550 per airplane (which were the estimates provided in the proposed
rule). The FAA infers that the commenter is requesting that the estimates for the work
hours and parts cost specified in the cost impact information of the proposed rule be
revised upward in the final rule.

The FAA does not concur with the commenter’s request to revise the cost impact
information. As stated in the supplemental NPRM, the FAA used an average of $150 per
ballast parts cost and 57 light ballasts per airplane to estimate the cost impact of the
proposal. Also, the estimate of 50 work hours necessary for the replacement is based on
the estimated average number of 57 ballasts per airplane. The FAA recognizes that actual
per-airplane costs will vary, because different airplane models have different numbers of
ballasts, and the cost of parts and the number of work hours necessary to install those
parts are different for different airplane models. Also, because this final rule is applicable
to all transport category airplanes that are equipped with Day-Ray fluorescent light
ballasts having certain part numbers, and is not limited to specific airplane models, it is not
possible for the FAA to provide precise cost estimates for all affected airplanes. For these
reasons, the FAA finds that no change to the cost impact information stated in the final
rule is necessary.
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Request to Remove Airplanes From Applicability

Several commenters request that McDonnell Douglas DC-9-80 series airplanes and MD-
88 airplanes be excluded from the applicability of the proposed rule. The commenters
state that AD 97-08-07, amendment 39-9995 (62 FR 28798, May 28, 1997), already
requires the removal and replacement of Day-Ray ballasts from those airplanes.

The FAA concurs with the commenters’ request to remove McDonnell Douglas DC-9-80
series airplanes and MD-88 airplanes from the applicability of this AD. The FAA finds that
these airplanes are subject to the requirements of AD 97-08-07. Therefore, the
applicability statement of this final rule has been revised to eliminate reference to
McDonnell Douglas DC-9-80 series airplanes and MD-88 airplanes. Also, Table 2 of this
final rule has been revised to remove two service bulletins that were listed in the proposed
rule as appropriate sources of service information for the replacement of light ballasts on
McDonnell Douglas DC-9-80 series airplanes and MD-88 airplanes.

Request to Reference New Service Information

One commenter requests that the supplemental NPRM be revised to reference McDonnell
Douglas Service Bulletin DC9-33-111, dated May 6, 1997, in lieu of McDonnell Douglas
Service Bulletin DC9-33-103, dated May 30, 1996, which was cited in the supplemental
NPRM as the appropriate source of service information for accomplishment of certain
proposed actions. The commenter notes that McDonnell Douglas Service Bulletin DC9-
33-103 provides an option to install a protective cover over the subject light ballast;
however, the FAA issued the supplemental NPRM to eliminate the option to install such
protective covers. The commenter states that the effectivity listing is the same in both
service bulletins.

The FAA partially concurs with the commenter’s request. The FAA has reviewed and
approved McDonnell Douglas Service Bulletin DC9-33-111, and has determined that, for
McDonnell Douglas Model DC-9-30, -40, and -50 series airplanes, replacement of existing
Day-Ray light ballasts with new or serviceable light ballasts in accordance with that
service bulletin is an acceptable method of compliance for the requirements of this AD.

However, the FAA’s intent is that McDonnell Douglas Service Bulletin DC9-33-103 is an
acceptable source of service information for accomplishment of the requirements of
paragraph (a) of this AD, provided that no protective covers are installed. Therefore, Table
2 of the final rule has been revised to add McDonnell Douglas Service Bulletin DC9-33-
111 as an acceptable source of service information for accomplishment of the
requirements of this AD. In addition, NOTE 2 has been added to the final rule to specify
that, "Replacement of light ballasts on McDonnell Douglas Model DC-9-30, -40, and -50
series airplanes; in accordance with McDonnell Douglas Service Bulletin DC9-33-103,
dated May 30, 1996; is acceptable for compliance with the requirements of paragraph (a)
of this AD, provided that no protective covers are installed on the light ballasts."

Request to Allow Records Search in Lieu of Inspection

One commenter requests that the FAA allow operators to search their airplane records to
determine if suspect ballasts are installed, in lieu of performing the inspection specified in
paragraph (a) of the supplemental NPRM. The commenter provides no justification for its
request.

The FAA does not concur with the commenter’s request to allow a records search in lieu
of the inspection. The FAA finds that, although some operators’ records may be excellent,
a records search may not provide an adequate level of safety assurance for all airplanes
in the transport fleet. No change to the final rule is necessary in this regard.
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Request to Extend Compliance Time

Two commenters request that the compliance time for the replacement of suspect ballasts
be extended beyond the proposed 12 months to allow accomplishment of the replacement
during regularly scheduled "C" checks. One of the commenters notes that there has not
been a single incident of a fire on McDonnell Douglas DC-10 series airplanes that was
attributed to the subject light ballast.

The FAA does not concur with the commenters’ request to extend the compliance time.
The FAA has considered the severity of the unsafe condition (fire in the passenger
compartment resulting from failure of the fluorescent light ballast of the cabin sidewall)
and has determined that 12 months after the effective date of this AD represents an
appropriate compliance time to ensure the safety of the transport airplane fleet. The FAA
also has determined that a sufficient supply of parts is available to allow for
accomplishment of the replacement within that timeframe. No change to the final rule is
necessary in this regard. However, under the provisions of paragraph (c) of this final rule,
the FAA may approve requests for adjustment of the compliance time in cases where the
operator presents evidence that an alternate method of compliance would provide an
acceptable level of safety.

Request to Allow Use of Alternative Type of Replacement Ballast

One commenter requests that the FAA allow a new type of replacement ballast,
manufactured by Day-Ray, to be installed as an alternative to the light ballasts
manufactured by Bruce Industries that were specified in paragraph (a) of the
supplemental NPRM. The commenter states that it anticipates FAA approval of the design
prior to issuance of the final rule.

The FAA does not concur with the commenter’s request to approve the use of a new Day-
Ray ballast. The new replacement ballast to which the commenter refers has not been
approved as of the issuance of this final rule, and the FAA cannot approve the installation
of a particular part prior to design approval of that part. Furthermore, the FAA finds that to
delay this rulemaking action would be inappropriate in light of the identified unsafe
condition. However, once a new ballast has been approved, under the provisions of
paragraph (c) of this final rule, the FAA may approve requests for an alternative method of
compliance to allow use of such a new ballast. No change to the final rule is necessary in
this regard.

Conclusion
After 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 with
the changes described previously. The FAA has determined that these changes will
neither increase the economic burden on any operator nor increase the scope of the AD.

Cost Impact
There are approximately 2,500 transport category airplanes of the affected design in the
worldwide fleet. The FAA estimates that 1,800 airplanes of U.S. registry will be affected by
this AD.

It will take approximately 25 work hours per airplane to accomplish the required
inspection, at an average labor rate of $60 per work hour. Based on these figures, the cost
impact of the AD on U.S. operators is estimated to be $1,500 per airplane.

Should an operator be required to accomplish the replacement of the light ballasts, it will
require approximately 50 work hours per airplane, at an average labor rate of $60 per
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work hour. Required parts will average approximately $8,550 per airplane, which
represents a cost of $150 per ballast and an average of 57 ballasts per airplane. Based on
these figures, the cost impact of the replacement required by this AD on U.S. operators is
estimated to be $11,550 per airplane.

The cost impact figures discussed above are 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.

Regulatory Impact
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.

For 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."

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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:

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:

Regulatory Information

99-04-10 TRANSPORT CATEGORY AIRPLANES: Amendment 39-11034. Docket 96-

NM-163-AD.

Applicability: Airplanes equipped with Day-Ray Products, Inc., cabin sidewall fluorescent
light ballasts having part numbers listed in Table 1 of this AD; including, but not limited to,
McDonnell Douglas Model DC-9, DC-10, and C-9 (military) series airplanes; and Boeing
Model 707, 727, and 737 series airplanes; certificated in any category.
TABLE 1
Fluorescent Light
Ballasts
Subject to this AD
Name Part Number
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Day- 69-10
Ray

69-10-1
69-68
69-68-1
69-69
69-69-1
70-94
70-94-1
83-12
83-12-1

NOTE 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.

Compliance: Required as indicated, unless accomplished previously.

To prevent fire in the passenger compartment resulting from failure of the fluorescent light
ballast of the cabin sidewall, accomplish the following:

(a) Within 12 months after the effective date of this AD, perform a one-time visual
inspection to determine the type of fluorescent light ballasts installed in the upper and
lower cabin sidewall. If any ballast installed has a part number that is listed in Table 1 of
this AD, prior to further flight, remove the Day-Ray light ballast and replace it with a light
ballast manufactured by Bruce Industries, in accordance with the applicable service
bulletin(s) listed in Table 2 of this AD.
TABLE 2
Service Bulletins Containing Instructions for
Accomplishing the Requirements of this AD
Service Bulletin Number and Date Affected Airplanes
McDonnell Douglas DC-9 Service Bulletin Model DC-9-30, -40, and -50 series
DC9-33-103, May 30, 1996 airplanes listed in effectivity of service
bulletin
McDonnell Douglas DC-9 Service Bulletin Model DC-9-30, -40, and -50 series
DC9-33-111, May 6, 1997 airplanes listed in effectivity of service
bulletin.
McDonnell Douglas DC-10 Service Bulletin Model DC-10-10, -15, -30, and -40 series
DC10-33-073 June 18, 1996 airplanes and KC-10A airplanes listed in
effectivity of service bulletin
Heath Tecna Alert Service Bulletin MarkI-33- McDonnell Douglas Model DC-8 series
A2 Revision 1 July 24, 1996 airplanes retrofitted with Heath Tecna Mark I
interior
Heath Tecna Alert Service Bulletin MarkI-33- Boeing Model 707 series airplanes retrofitted
A3 Revision 1 July 24, 1996 with the Heath Tecna Mark I interior
Heath Tecna Alert Service Bulletin MarkI-33- Boeing Model 727 series airplanes retrofitted
A4 Revision 1 July 24, 1996 with the Heath Tecna Mark I interior
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Heath Tecna Alert Service Bulletin MarkI-33- Boeing Model 737 series airplanes retrofitted
A5 Revision 1 July 24, 1996 with the Heath Tecna Mark I interior
Heath Tecna Alert Service Bulletin Spmk-33- Boeing Model 727 series airplanes retrofitted
A1 Revision 1 July 24, 1996 with the Heath Tecna Spacemaker II or
Spacemaker IIa interior
Heath Tecna Alert Service Bulletin Spmk-33- Boeing Model 737 series airplanes retrofitted
A2 Revision 1 July 24, 1996 with the Heath Tecna Spacemaker II or
Spacemaker IIa interior

NOTE 2: Replacement of light ballasts on McDonnell Douglas Model DC-9-30, -40, and
-50 series airplanes; in accordance with McDonnell Douglas Service Bulletin DC9-33-103,
dated May 30, 1996; is acceptable for compliance with the requirements of paragraph (a)
of this AD, provided that no protective covers are installed on the light ballasts.

(b) As of the effective date of this AD, no person shall install in the upper or lower cabin
sidewall of any airplane a Day-Ray fluorescent light ballast having a part number listed in
Table 1 of this AD.

(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, Transport Airplane Directorate.
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.

NOTE 3: Information concerning the existence of approved alternative methods of

compliance with this AD, if any, may be obtained from the Los Angeles ACO.

(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) to operate the airplane to a
location where the requirements of this AD can be accomplished.

(e) The replacement shall be done in accordance with the following McDonnell Douglas
and Heath Tecna service bulletins, as applicable, which contain the specified list of
effective pages:
Service Bulletin Referenced Page Revision Level Date Shown
and Date Number Shown on Page on Page
McDonnell Douglas DC9-33-103, 1-10 Original May 30, 1996
May 30, 1996
McDonnell Douglas DC9-33-111, 1-10 Original May 6, 1997
May 6, 1997
McDonnell Douglas DC10-33-073, 1-9 Original June 18, 1996
June 18, 1996
Heath Tecna Alert Service Bulletin 1-3,5 4 New April 3, 1996
MarkI-33-A2, Revision 1, July 24, 1 July 24, 1996
1996
Heath Tecna Alert Service Bulletin 1-2 3-4 New April 4, 1996
MarkI-33-A3, Revision 1, July 24, 1 July 24, 1996
1996
Heath Tecna Alert Service Bulletin 1-2 3-4 New April 8, 1996
MarkI-33-A4, Revision 1, July 24, 1 July 24, 1996
1996

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Heath Tecna Alert Service Bulletin 1-2 3-4 New April 9, 1996
MarkI-33-A5, Revision 1, July 24, 1 July 24, 1996
1996
Heath Tecna Alert Service Bulletin 1-2 3-4 New April 10, 1996
Spmk-33-A1, Revision 1, July 24, 1 July 24, 1996
1996
Heath Tecna Alert Service Bulletin 1-2 3-4 New April 11, 1996
Spmk-33-A2, Revision 1, July 24, 1 July 24, 1996
1996

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 Day-
Ray Products, Inc., 1133 Mission Street, South Pasadena, California 91031; or Hexcel
Corporation, Heath Tecna Interiors, 3225 Woburn Street, Bellingham, Washington 98226;
or The Boeing Company, Douglas Products Division, 3855 Lakewood Boulevard, Long
Beach, California 90846, Attention: Technical Publications Business Administration,
Department C1-L51 (2-60); or Boeing Commercial Airplane Group, P.O. Box 3707,
Seattle, Washington 98124-2207. Copies may be inspected at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the FAA,
Transport Airplane Directorate, 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.

(f) This amendment becomes effective on March 18, 1999.

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