[Federal Register Volume 67, Number 139 (Friday, July 19, 2002)]
[Rules and Regulations]
[Pages 47638-47639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17526]



[[Page 47637]]

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Part II





Department of Transportation





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Federal Aviation Administration



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14 CFR Part 39



Airworthiness Directives; Final Rules

  Federal Register / Vol. 67, No. 139 / Friday, July 19, 2002 / Rules 
and Regulations  

[[Page 47638]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-53-AD; Amendment 39-12804; AD 2002-14-04]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model MD-11 and -11F 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain McDonnell Douglas Model MD-11 and -11F airplanes, 
that requires performing an inspection of the wiring of the Firex 
bottle discharge cartridge of the No. 2 engine at station Y=2163.00 
bulkhead for chafing on adjacent structure and damaged wiring; 
repairing damaged wires; and repositioning wires, if necessary. This 
action is necessary to prevent chafing and possible damage to the 
wiring of the Firex bottle discharge cartridge of the No. 2 engine, 
which could result in improper distribution of the fire extinguishing 
agent within the No. 2 engine in the event of a fire. This action is 
intended to address the identified unsafe condition.

DATES: Effective August 23, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 23, 2002.

ADDRESSES: The service information referenced in this AD may be 
obtained from Boeing Commercial Aircraft Group, Long Beach Division, 
3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data 
and Service Management, Dept. C1-L5A (D800-0024). 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, 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: Technical Information: Brett Portwood, 
Aerospace Engineer, Systems and Equipment Branch, ANM-130L, FAA, Los 
Angeles Aircraft Certification Office, 3960 Paramount Boulevard, 
Lakewood, California 90712-4137; telephone (562) 627-5350; fax (562) 
627-5210.
    Other Information: Sandi Carli, Airworthiness Directive Technical 
Writer/Editor; telephone (425) 687-4243, fax (425) 227-1232. Questions 
or comments may also be sent via the Internet using the following 
address: [email protected]. Questions or comments sent via the 
Internet as attached electronic files must be formatted in Microsoft 
Word 97 for Windows or ASCII text.

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 certain McDonnell Douglas Model 
MD-11 and -11F airplanes was published in the Federal Register on 
October 5, 2001 (66 FR 50899). That action proposed to require 
performing an inspection of the wiring of the Firex bottle discharge 
cartridge of the No. 2 engine at station Y=2163.00 bulkhead for chafing 
on adjacent structure and damaged wiring; repairing damaged wires; and 
repositioning wires, if necessary.

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.

Request To Withdraw Proposed AD

    One commenter requests that the proposed AD be withdrawn, because 
repetitive maintenance tasks are performed on the fire extinguishers 
and the condition of the circuit can be inspected easily. Therefore, 
the proposed AD is unnecessary.
    The FAA does not agree. Because airplane maintenance manuals (AMM) 
are not FAA-approved and the procedures specified in AMMs vary from 
operator to operator, there are no assurances that each operator's AMM 
contains the equivalent actions required by this AD. Therefore, no 
change to this final rule is necessary in this regard.

Request That Credit Be Given for Previous Inspection

    One commenter requests that the proposed AD be revised to 
acknowledge operators that have previously inspected for chafing and 
damage are exempt from having to reaccomplish the wiring inspection. 
Under the heading ``Difference Between the Service Bulletin and the 
Proposed AD'' in the preamble of the proposed AD, the commenter notes 
that it states that the referenced service bulletin describes only 
procedures for an inspection to detect damaged wiring, and that the 
proposed AD would require that inspection to detect both chafing AND 
damaged wiring. The commenter states that its Engineering Order Work 
Instructions state, ``If the wiring at Station Y=2163.00 bulkhead is 
not chafing or damaged, no further action is required.''
    The FAA does not consider that a change to the final rule is 
necessary. Operators are given credit for work previously performed by 
means of the phrase in the ``Compliance'' section of the AD that 
states, ``Required as indicated, unless accomplished previously.'' 
Therefore, in the case of this AD, if the required inspection has been 
accomplished before the effective date of this AD, this AD does not 
require that it be repeated.

Explanation of Change to AD Applicability

    The FAA finds that Model MD-11F airplanes were not specifically 
identified by model name in the applicability of the proposed AD. 
However, those airplanes were identified by the manufacturer's fuselage 
numbers in the effectivity listing of Boeing Service Bulletin MD11-26-
037, dated November 8, 2000, which was referenced in the applicability 
of the proposed AD. Therefore, we have revised this AD to specifically 
reference Model MD-11 and -11F airplanes where appropriate. In 
addition, we have revised the applicability of the existing AD to 
identify model designations as published in the most recent type 
certificate data sheet for the affected models.

Explanation of Change of Definition

    For clarification purposes, the FAA has revised the definition of a 
``general visual inspection'' in Note 2 of this AD.

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 previously 
described. 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 148 Model MD-11 and -11F series airplanes 
of the affected design in the worldwide fleet. The FAA estimates that 
58 airplanes of U.S. registry will be affected by this AD, that it will 
take approximately 1 work

[[Page 47639]]

hour per airplane to accomplish the required inspection, and that the 
average labor rate is $60 per work hour. Based on these figures, the 
cost impact of the AD on U.S. operators is estimated to be $3,480, or 
$60 per airplane.
    The cost impact figure discussed above is 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. The cost impact figures discussed 
in AD rulemaking actions represent only the time necessary to perform 
the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations adopted herein will not have a substantial direct 
effect 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, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    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.


Sec. 39.13  [Amended]

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

2002-14-04  McDonnell Douglas: Amendment 39-12804. Docket 2001-NM-
53-AD.

    Applicability: Model MD-11 and -11F airplanes, as listed in 
Boeing Service Bulletin MD11-26-037, dated November 8, 2000; 
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 (b) 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 chafing and possible damage to the wiring of the 
Firex bottle discharge cartridge of the No. 2 engine, which could 
result in improper distribution of the fire extinguishing agent 
within the No. 2 engine in the event of a fire, accomplish the 
following:

General Visual Inspection

    (a) Within 15 months after the effective date of this AD, do a 
general visual inspection of the wiring of the Firex bottle 
discharge cartridge of the No. 2 engine at station Y=2163.00 
bulkhead for chafing on adjacent structure and damaged wiring, per 
Boeing Service Bulletin MD11-26-037, dated November 8, 2000.

    Note 2: For the purposes of this AD, a general visual inspection 
is defined as: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made from within 
touching distance unless otherwise specified. A mirror may be 
necessary to enhance visual access to all exposed surfaces in the 
inspection area. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or droplight and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''


    Note 3: Where there are differences between the referenced 
service bulletin and the AD, the AD prevails.

Condition 1 (No Chafing or Damaged Wiring)

    (1) If no chafing or damaged wiring is detected, no further 
action is required by this AD.

Condition 2 (Chafing with No Damaged Wiring)

    (2) If any chafing with no damaged wiring is detected, before 
further flight, reposition wires, per the service bulletin.

Condition 3 (Chafing with Damaged Wiring)

    (3) If any chafing with damaged wiring is detected, before 
further flight, repair damaged wires and reposition wires, per the 
service bulletin.

Alternative Methods of Compliance

    (b) 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. 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 4: 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

    (c) 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

    (d) The actions shall be done in accordance with Boeing Service 
Bulletin MD11-26-037, dated November 8, 2000. 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: 
Data and Service Management, Dept. C1-L5A (D800-0024). Copies may be 
inspected at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington; or at the 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.

Effective Date

    (e) This amendment becomes effective on August 23, 2002.

    Issued in Renton, Washington, on July 2, 2002.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-17526 Filed 7-18-02; 8:45 am]
BILLING CODE 4910-13-P