[Federal Register Volume 61, Number 219 (Tuesday, November 12, 1996)]
[Proposed Rules]
[Pages 58012-58014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28866]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 61, No. 219 / Tuesday, November 12, 1996 / 
Proposed Rules  

[[Page 58012]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95-NM-234-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model MD-11 and DC-10 
Series Airplanes, and KC-10A (Military) Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking; reopening of 
comment period.

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SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD), applicable to certain McDonnell Douglas Model MD-11 and 
DC-10 series airplanes, and KC-10A (military) airplanes. That action 
would have superseded a previously issued AD that currently requires 
functional testing to verify proper installation of the electrical 
connectors to the engine generator and fire bell shutoff switches, and 
correction of the installation, if necessary. The previous proposal 
would have added a requirement to install tethers on the electrical 
connectors to the engine generator and fire bell shutoff switches, 
which would terminate the required repetitive functional tests. That 
proposal was prompted by the development of a modification that 
minimizes the possibility of improperly connecting (crossing) the 
electrical connectors to the fire extinguishing handles. The actions 
specified by that proposal were intended to prevent the wrong engine-
driven generator from being shut down unnecessarily in the event of an 
engine fire warning. This new action revises the proposed rule by 
including additional actions as part of the terminating modification 
for certain airplanes.

DATES: Comments must be received by December 2, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 95-NM-234-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays.
    The service information referenced in the proposed rule 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, Transport Airplane 
Directorate, Los Angeles Aircraft Certification Office, 3960 Paramount 
Boulevard, Lakewood, California.

FOR FURTHER INFORMATION CONTACT: Raymond Vakili, Aerospace Engineer, 
Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712; telephone 
(310) 627-5262; fax (310) 627-5262.

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 notice may be changed in 
light of the comments received.
    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 notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 95-NM-234-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-103, Attention: Rules 
Docket No. 95-NM-234-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an airworthiness directive (AD), applicable to 
certain McDonnell Douglas Model MD-11 and DC-10 series airplanes, and 
KC-10A (military) airplanes, was published as a notice of proposed 
rulemaking (NPRM) in the Federal Register on March 20, 1996 (61 FR 
11347). That NPRM would have superseded AD 93-25-09 R1, amendment 39-
9070 (59 FR 56383, November 14, 1994), which currently requires 
operators to perform repetitive functional tests to verify proper 
installation of the electrical connectors to the engine generator and 
fire bell shutoff switches, and to correct the installation, if 
necessary. AD 93-25-09 R1 was prompted by a report indicating that the 
electrical connectors to the fire extinguishing handles were found to 
be connected incorrectly (crossed) on one airplane. The requirements of 
that AD are intended to prevent the wrong engine-driven generator from 
being shut down unnecessarily in the event of an engine fire warning.
    The previously issued NPRM proposed to require the installation of 
tethers on the electrical connectors to the engine generator and fire 
bell shutoff switches, which would terminate the requirement to perform 
functional tests repetitively. That proposal was prompted by the 
development of a modification by the manufacturer, which would 
eliminate the need for the functional tests required by AD 93-25-09 R1. 
The modification consists of installing tethers on the electrical 
connectors to the engine generator and of the fire bell shutoff 
switches located forward of the overhead circuit breaker

[[Page 58013]]

panel in the flight compartment. Installation of the modification would 
minimize the possibility of improperly connecting (crossing) the 
electrical connectors to the fire extinguishing handles.

Actions Since Issuance of Previous Proposal

    Since the issuance of that NPRM, the manufacturer has advised the 
FAA that additional actions must be accomplished in order for the 
terminating modification to be fully effective.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Revision 1 of McDonnell Douglas 
Service Bulletin DC10-26-047, dated August 22, 1996. This revision of 
the service bulletin describes procedures for accomplishing additional 
actions on Model DC-10 series airplanes as part of the terminating 
modification. These additional actions include revising the 
installation of the tethers and associated hardware on the No. 1 and 3 
engine generator and fire bell shutoff switches' electrical connectors, 
located forward of the overhead circuit breaker panel in the flight 
compartment.

FAA's Conclusion

    The FAA has determined that the new additional actions included in 
the terminating modification must be accomplished in order to 
positively address the unsafe condition. Installation of the 
modification, including the new actions, will more effectively minimize 
the possibility of improperly connecting (crossing) the electrical 
connectors to the fire extinguishing handles.
    In light of this determination, the FAA has revised the proposed 
rule to include a requirement to accomplish these additional actions in 
accordance with Revision 1 of McDonnell Douglas Service Bulletin DC10-
26-047.
    Since this change expands the scope of the originally proposed 
rule, the FAA has determined that it is necessary to reopen the comment 
period to provide additional opportunity for public comment.

Cost Impact

    There are approximately 100 Model MD-11 airplanes, and 426 Model 
DC-10 series and KC-10A (military) airplanes, of the affected design in 
the worldwide fleet. The FAA estimates that 30 Model MD-11 airplanes, 
and 239 Model DC-10 series and KC-10A (military) airplanes of U.S. 
registry would be affected by this proposed AD.
    For U.S.-registered Model MD-11 airplanes: The checks that are 
currently required by AD 93-25-09 R1 (and retained by this proposed 
action) take approximately 0.5 work hour per airplane to accomplish, at 
an average labor rate of $60 per work hour. Based on these figures, the 
cost impact of the actions currently required on U.S. operators of 
Model MD-11 airplanes is estimated to be $900, or $30 per airplane, per 
check.
    The modification that is proposed by this AD action would take 
approximately 3 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. The cost of required parts would be 
negligible. Based on these figures, the cost impact of the proposed 
modification requirements of this AD on U.S. operators of Model MD-11 
airplanes is estimated to be $3,240, or $180 per airplane.
    For U.S.-registered Model DC-10 series and KC-10A (military) 
airplanes: The checks that are currently required by AD 93-25-09 R1 
(and retained by this proposed action) take approximately 0.5 work hour 
per airplane to accomplish, at an average labor rate of $60 per work 
hour. Based on these figures, the cost impact of the actions currently 
required on U.S. operators of these models of airplanes is estimated to 
be $7,170, or $30 per airplane, per check.
    The modification that is proposed by this AD action would take an 
average of 3.5 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. The cost of required parts would be 
negligible. Based on these figures, the cost impact of the proposed 
modification requirements of this AD on U.S. operators of these models 
of airplanes is estimated to be $50,190, or $210 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.

Regulatory Impact

    The regulations proposed herein would 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 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    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 39-9070 (59 FR 
56383, November 14, 1994), and by adding a new airworthiness directive 
(AD), to read as follows:

McDonnell Douglas: Docket 95-NM-234-AD. Supersedes AD 93-25-09 R1, 
Amendment 39-9070.

    Applicability: Model MD-11 series airplanes as listed in 
McDonnell Douglas MD-11 Alert Service Bulletin A26-16, dated 
November 22, 1993; and Model DC-10 series airplanes and KC-10A 
(military) airplanes as listed in McDonnell Douglas DC-10/KC-10A 
Alert Service Bulletin A26-46, dated December 6, 1993; certificated 
in any category.

    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 (e) 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

[[Page 58014]]

been eliminated, the request should include specific proposed 
actions to address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent the wrong engine-driven generator from being shut 
down unnecessarily in the event of an engine fire warning, 
accomplish the following:
    (a) As of January 7, 1994 (the effective date of AD 93-25-09, 
amendment 39-8775), prior to further flight following any 
maintenance performed on the fire extinguishing handle system, 
perform a functional test to verify proper installation of the 
electrical connectors to the engine generator and fire bell shutoff 
switches in accordance with the Accomplishment Instructions of 
McDonnell Douglas MD-11 Alert Service Bulletin A26-16, dated 
November 22, 1993 (for Model MD-11 series airplanes); or McDonnell 
Douglas DC-10/KC-10A Alert Service Bulletin A26-46, dated December 
6, 1993 [for Model DC-10 series airplanes, and KC-10A (military) 
airplanes]; as applicable.
    (b) If the electrical connectors are found to be properly 
installed, repeat the functional test thereafter prior to further 
flight following any maintenance performed on the fire extinguishing 
handle system, until the requirements of paragraph (d) of this AD 
are accomplished.
    (c) If the electrical connectors are found to be improperly 
installed, prior to further flight, correct the wiring installation 
and repeat the functional test, in accordance with the 
Accomplishment Instructions of McDonnell Douglas MD-11 Alert Service 
Bulletin A26-16, dated November 22, 1993 (for Model MD-11 series 
airplanes); or McDonnell Douglas DC-10/KC-10A Alert Service Bulletin 
A26-46, dated December 6, 1993 [for Model DC-10 series airplanes, 
and KC-10A (military) airplanes]; as applicable. Thereafter, repeat 
the functional test prior to further flight following any 
maintenance performed on the fire extinguishing handle system, until 
the requirements of paragraph (d) of this AD are accomplished.
    (d) Within 24 months after the effective date of this AD, 
install tethers on the engine generator and fire bell shutoff system 
and firex bottle electrical connectors, in accordance with McDonnell 
Douglas Service Bulletin MD11-26-018, dated August 24, 1995 (for 
Model MD-11 series airplanes), or McDonnell Douglas Service Bulletin 
DC10-26-047, Revision 1, dated August 22, 1996 [for Model DC-10 
series airplanes and KC-10A (military) airplanes], as applicable. 
This installation constitutes terminating action for the functional 
tests required by this AD.
    (e) 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.

    (f) 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.

    Issued in Renton, Washington, on November 5, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-28866 Filed 11-8-96; 8:45 am]
BILLING CODE 4910-13-P