[Federal Register Volume 64, Number 77 (Thursday, April 22, 1999)]
[Rules and Regulations]
[Pages 19695-19697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9737]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-59-AD; Amendment 39-11136; AD 99-09-04]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model MD-11 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to certain McDonnell Douglas Model MD-11 series 
airplanes. This action requires a one-time inspection to verify correct 
wire terminations of certain circuit breakers in the cockpit overhead 
switch panel; and correction of incorrect wire termination. This 
amendment also requires that operators submit a report of the 
inspection results to the FAA. This amendment is prompted by incidents 
in which the wiring of circuit breakers on the overhead switch panel 
lighting were found to be terminated improperly during production of 
the airplane, which bypassed the circuit breaker protection. The 
actions specified in this AD are intended to prevent smoke and possible 
fire in the overhead switch panel lighting circuitry due to an overload 
condition, as a result of lack of circuit breaker protection.

DATES: Effective May 7, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 7, 1999.
    Comments for inclusion in the Rules Docket must be received on or 
before June 21, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 99-NM-59-AD, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056.
    The service information referenced in this AD may be obtained from 
Boeing

[[Page 19696]]

Commercial Aircraft Group, Long Beach Division, 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, 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: Brett Portwood, Aerospace Engineer, 
ANM-130L, FAA, Transport Airplane Directorate, Los Angeles Aircraft 
Certification Office, 3960 Paramount Boulevard, Lakewood, California 
90712; telephone (562) 627-5350; fax (562) 627-5210.

SUPPLEMENTARY INFORMATION: As part of its practice of re-examining all 
aspects of the service experience of a particular aircraft whenever an 
accident occurs, the FAA has become aware of an incident in which the 
wiring to a circuit breaker on the overhead switch panel lighting was 
found to be terminated improperly on a McDonnell Douglas Model MD-11 
series airplane. The bus assembly and the wire were connected on the 
same lug with nothing connected to the load side of the circuit breaker 
(i.e., bypassing the circuit breaker protection).
    A subsequent line check of Model MD-11 series airplanes in 
production revealed that the wiring to three other circuit breakers on 
the overhead switch panel also were terminated improperly on some 
airplanes. Further investigation revealed that the MD-11 production 
build paper did not reference the wire hook-up chart for wire 
temination of the circuit breakers of the overhead switch panel 
lighting. (These incidents are not considered to be related to an 
accident that occurred off the coast of Nova Scotia involving a 
McDonnell Douglas Model MD-11 series airplane. The cause of that 
accident is still under investigation.)
    Lack of circuit breaker protection for the circuit of the overhead 
switch panel lighting, if not corrected, could result in smoke and 
possible fire in the overhead switch panel lighting if the circuit 
breaker has an overload condition.

Other Related Rulemaking

    The FAA, in conjunction with Boeing and operators of Model MD-11 
series airplanes, is continuing to review all aspects of the service 
history of those airplanes to identify potential unsafe conditions and 
to take appropriate corrective actions. This airworthiness directive 
(AD) is one of a series of actions identified during that process. The 
process is continuing and the FAA may consider additional rulemaking 
actions as further results of the review become available.

Explanation of Relevant Service Information

    The FAA has reviewed and approved McDonnell Douglas Alert Service 
Bulletin MD11-33A027, dated March 10, 1999, which describes procedures 
for a one-time inspection to verify correct wire terminations of 
certain circuit breakers in the cockpit overhead switch panel; and 
correction of incorrect termination. Accomplishment of the actions 
specified in the alert service bulletin is intended to adequately 
address the identified unsafe condition.

Explanation of the Requirements of the Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other McDonnell Douglas Model MD-11 series 
airplanes of the same type design, this AD is being issued to prevent 
smoke and possible fire in the overhead switch panel lighting circuitry 
due to an overload condition, as a result of lack of circuit breaker 
protection. This AD requires accomplishment of the actions specified in 
the alert service bulletin described previously. The actions are 
required to be accomplished in accordance with the alert service 
bulletin described previously. This AD also requires that operators 
submit a report of the inspection results to the FAA.

Determination of Rule's Effective Date

    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 99-NM-59-AD.'' The postcard will be date stamped and 
returned to the commenter.

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.
    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.

[[Page 19697]]

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.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

99-09-04  McDonnell Douglas: Amendment 39-11136. Docket 99-NM-59-AD.

    Applicability: Model MD-11 series airplanes, manufacturer's 
fuselage numbers 0447 through 0464 inclusive, and 0466 through 0475 
inclusive; 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 (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 smoke and possible fire in the overhead switch panel 
lighting circuitry due to an overload condition, as a result of lack 
of circuit breaker protection, accomplish the following:

One-Time Inspection

    (a) Within 60 days after the effective date of this AD, perform 
a one-time inspection to verify correct wire terminations of certain 
circuit breakers in the cockpit overhead switch panel, in accordance 
with McDonnell Douglas Alert Service Bulletin MD11-33A027, dated 
March 10, 1999.

Condition 1 (Correct Wire Terminations)

    (1) If all affected circuit breakers have correct wire 
terminations, no further action is required by this AD.

Condition 2 (Incorrect Wire Terminations)

    (2) If any affected circuit breaker has an incorrect wire 
termination, prior to further flight, correct termination in 
accordance with the alert service bulletin.

Reporting Requirement

    (b) Within 10 days after accomplishing the inspection required 
by paragraph (a) of this AD, submit a report of the inspection 
results (both positive and negative findings) to the Manager, Los 
Angeles Aircraft Certification Office (ACO), FAA, Transport Airplane 
Directorate, 3960 Paramount Boulevard, Lakewood, California 90712-
4137; fax (562) 627-5210. Information collection requirements 
contained in this regulation have been approved by the Office of 
Management and Budget (OMB) under the provisions of the Paperwork 
Reduction Act of 1980 (44 U.S.C. 3501 et seq.) and have been 
assigned OMB Control Number 2120-0056.

Alternative Methods of Compliance

    (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 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Los Angeles ACO.

Special Flight Permits

    (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.

Incorporation by Reference

    (e) The actions shall be done in accordance with McDonnell 
Douglas Alert Service Bulletin MD11-33A027, dated March 10, 1999. 
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: Technical Publications Business Administration, 
Dept. C1-L51 (2-60). 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 May 7, 1999.

    Issued in Renton, Washington, on April 13, 1999.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-9737 Filed 4-21-99; 8:45 am]
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