[Federal Register Volume 60, Number 197 (Thursday, October 12, 1995)]
[Rules and Regulations]
[Pages 53112-53114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24903]



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


DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 95-NM-184-AD; Amendment 39-9389 AD 95-21-04]


Airworthiness Directives; McDonnell Douglas Model MD-11 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to certain McDonnell Douglas Model MD-11 series 
airplanes, that currently requires modification of the support 
structure of the cargo liner. That AD was prompted by a report of 
chafing and arcing in the vacuum waste exhaust heater that caused a 
spark to ignite the surrounding insulation blankets. The actions 
specified in that AD are intended to prevent fire and/or smoke due to 
chafing and arcing of the vacuum waste exhaust port heater. This 
amendment expands the applicability of the existing rule to include 
additional affected airplanes. It also provides for an alternative 
method of modification.

DATES: Effective October 27, 1995.

[[Page 53113]]

    The incorporation by reference of McDonnell Douglas Alert Service 
Bulletin MD11-38A044, Revision 1, dated June 30, 1995, as listed in the 
regulations, is approved by the Director of the Federal Register as of 
October 27, 1995.
    The incorporation by reference of McDonnell Douglas Alert Service 
Bulletin MD11-38A044, dated March 22, 1995, as listed in the 
regulations, was approved previously by the Director of the Federal 
Register as of May 2, 1995 (50 FR 19158, April 17, 1995).
    Comments for inclusion in the Rules Docket must be received on or 
before December 11, 1995.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 95-NM-184-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, Dept. 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 90712-4137; or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Brett Portwood, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130L, FAA, Transport Airplane 
Directorate, 3960 Paramount Boulevard, Lakewood, California 90712-4137; 
telephone (310) 627-5347; fax (310) 627-5210.

SUPPLEMENTARY INFORMATION: On April 5, 1995, the FAA issued AD 95-08-
09, amendment 39-9198 (60 FR 19158, April 17, 1995), which is 
applicable to certain McDonnell Douglas Model MD-11 series airplanes. 
That AD requires modification of the support structure of the cargo 
liner. The modification entails removing the baffle assemblies and 
trimming the insulation blankets surrounding the vacuum waste exhaust 
duct, which will reduce chafing and minimize the possibility of 
igniting the insulation blanket. These modification procedures also 
include making the circuit breaker inoperative to deactivate the 
exhaust duct heater until a new heater can be installed.
    That AD was prompted by a report of chafing and arcing in the 
vacuum waste exhaust heater that caused a spark to ignite the 
surrounding insulation blankets. The actions required by that AD are 
intended to prevent fire and/or smoke due to chafing and arcing of the 
vacuum waste exhaust port heater.
    Since the issuance of that AD, the FAA has reviewed and approved 
McDonnell Douglas Service Bulletin MD11-38A044, Revision 1, dated June 
30, 1995. This revised service bulletin is essentially identical to the 
original issue, which was cited in AD 95-08-09 as the appropriate 
source of service information, but differs in two aspects:
    1. The revised service bulletin includes three additional airplanes 
in its effectivity listing. These airplanes have been identified as 
being subject to the same unsafe condition that was addressed by AD 95-
08-09.
    2. The revised service bulletin provides instructions for 
conducting an alternative procedure in the modification process. This 
alternative procedure deactivates the exhaust duct heater by removing 
wires from the terminal strip, in lieu of making its circuit breaker 
inoperative until a new heater is installed.
    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of this same type design, this AD 
supersedes AD 95-08-09 to continue to require modification of the 
support structure of the cargo liner. The applicability of the AD is 
expanded to include three additional airplanes that have been 
determined to be subject to the unsafe condition addressed by the 
existing rule. Additionally, this AD provides for the use of an 
alternative procedure in the modification process, as specified in the 
revised service bulletin described previously.
    Although all of the airplanes identified in the effectivity listing 
of the referenced alert service bulletins have had split heater cuffs 
installed on the vacuum waste exhaust ducts, those identified as 
``Group 1'' airplanes differ significantly from those identified as 
``Group 2'' airplanes: Group 1 airplanes have had split heater cuffs 
installed on the vacuum waste exhaust ducts, in accordance with 
McDonnell Douglas Service Bulletin 38-15, dated October 23, 1992; that 
service bulletin did not adequately specify the minimum distance 
between the baffle assemblies the vacuum waste exhaust duct. Group 2 
airplanes have had split heater cuffs installed during production using 
production drawings that adequately specified the minimum distance 
between the baffle assemblies and the vacuum waste exhaust duct. 
Consequently, because of the configuration of this installation, the 
FAA finds that the potential for chafing and arcing to occur on Group 1 
airplanes is much greater. A review of service history indicates that 
no incidents of chafing or arcing have occurred on Group 2 airplanes. 
In light of this, the FAA has determined that airplanes identified in 
the alert service bulletins as Group 2 airplanes are not subject to the 
unsafe condition. Accordingly, Group 2 airplanes continue to be 
excluded from the requirements of this (superseding) AD.
    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.

Comments Invited

    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 95-NM-184-AD.'' The 

[[Page 53114]]
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.

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 USC 106(g), 40101, 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing amendment 39-9198 (60 FR 
19158, April 17, 1995), and by adding a new airworthiness directive 
(AD), amendment 39-9389, to read as follows:

95-21-04  McDonnell Douglas: Amendment 39-9389. Docket 95-NM-184-AD. 
Supersedes AD 95-08-09, Amendment 39-9198.

    Applicability: Model MD-11 series airplanes; as listed in 
McDonnell Douglas Alert Service Bulletin MD11-38A044, dated March 
22, 1995, and Revision 1, dated June 30, 1995: and identified as 
``Group 1 airplanes,'' on which split heater cuffs have been 
installed on the waste exhaust ducts of heaters in accordance with 
McDonnell Douglas MD-11 Service Bulletin 38-15, dated October 23, 
1992; certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise 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 use the authority 
provided in paragraph (d) of this AD to request approval from the 
FAA. This approval may address either no action, if the current 
configuration eliminates the unsafe condition; or different actions 
necessary to address the unsafe condition described in this AD. Such 
a request should include an assessment of the effect of the changed 
configuration on the unsafe condition addressed by this AD. In no 
case does the presence of any modification, alteration, or repair 
remove any airplane from the applicability of this AD.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent a fire and/or smoke due to chafing and arcing of the 
heater, accomplish the following:
    (a) For airplanes listed in McDonnell Douglas Alert Service 
Bulletin MD11-38A044, dated March 22, 1995: Within 30 days after May 
2, 1995 (the effective date of AD 95-08-09, amendment 39-9198), 
modify the support structure of the cargo liner, in accordance with 
McDonnell Douglas MD-11 Alert Service Bulletin MD11-38A044, dated 
March 22, 1995, or Revision 1, dated June 30, 1995.
    (b) For airplanes listed in McDonnell Douglas Alert Service 
Bulletin MD11-38A044, Revision 1, dated June 30, 1995, and not 
subject to paragraph (a) of this AD: Within 30 days after the 
effective date of this AD, modify the support structure of the cargo 
liner, in accordance with McDonnell Douglas MD-11 Alert Service 
Bulletin MD11-38A044, dated March 22, 1995, or Revision 1, dated 
June 30, 1995.
    (c) As of May 2, 1995, the support structure of the cargo liner 
on any airplane must be modified in accordance with McDonnell 
Douglas Alert Service Bulletin MD11-38A044, dated March 22, 1995, or 
Revision 1, dated June 30, 1995, prior to installing a vacuum waste 
exhaust port heater, P/N 62-5745, in accordance with McDonnell 
Douglas MD-11 Service Bulletin 38-15, dated October 23, 1992.
    (d) 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 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Los Angeles ACO.

    Note 3: Alternative methods of compliance previously granted for 
AD 95-08-09, amendment 39-9198, continue to be considered as 
acceptable alternative methods of compliance with this amendment.

    (e) Special flight permits may be issued in accordance with 
Secs. 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.
    (f) The modification shall be done in accordance with McDonnell 
Douglas Alert Service Bulletin MD11-38A044, dated March 22, 1995; or 
McDonnell Douglas Alert Service Bulletin MD11-38A044, Revision 1, 
dated June 30, 1995. Incorporation by reference of the former 
service bulletin was approved previously by the Director of the 
Federal Register, in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51, as of May 2, 1995 (60 FR 19158, April 17, 1995). Incorporation 
by reference of the latter service bulletin 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 McDonnell Douglas 
Corporation, P.O. Box 1771, Long Beach, California 90801-1771, 
Attention: Business Unit Manager, Technical Administrative Support, 
Dept. L51, M.C. 2-98. Copies may be inspected at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or 
at 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.
    (g) This amendment becomes effective on October 27, 1995.

    Issued in Renton, Washington, on October 2, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-24903 Filed 10-11-95; 8:45 am]
BILLING CODE 4910-13-U