[Federal Register Volume 67, Number 168 (Thursday, August 29, 2002)]
[Proposed Rules]
[Pages 55362-55365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22003]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-160-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model MD-11 and-11F 
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 
-11F airplanes, that would have required an inspection to detect chafed 
wires in the avionics equipment compartment, and repair, if necessary. 
That proposed AD also would have required replacement of the existing 
cover of the avionics cooling fan with a new cover, and

[[Page 55363]]

installation of a new placard on the cover. This new action revises the 
proposed rule by revising which previously accomplished actions are 
acceptable for compliance with certain requirements of this proposed 
AD; and clarifying the applicability, a part number, and the inspection 
definition. This action is necessary to ensure that the cover of the 
avionics cooling fans is removed only for fan maintenance, and to 
prevent smoke and/or fire in the avionics equipment compartment due to 
chafing and arcing as a result of maintenance personnel lying against 
the removed cover and/or insulation blankets that cover wire harnesses. 
This action is intended to address the identified unsafe condition.

DATES: Comments must be received by September 23, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-160-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2001-NM-160-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    The service information referenced in the proposed rule 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 FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington; or at the FAA, Los Angeles Aircraft 
Certification Office, 3960 Paramount Boulevard, Lakewood, California.

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:

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 action may be changed in 
light of the comments received.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the proposed 
AD is being requested.
     Include justification (e.g., reasons or data) for each 
request.
    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 action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2001-NM-160-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-114, Attention: Rules 
Docket No. 2001-NM-160-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 -11F airplanes, was published 
as a notice of proposed rulemaking (NPRM) in the Federal Register on 
October 5, 2001 (66 FR 50870). That NPRM would have required an 
inspection to detect chafed wires in the avionics equipment 
compartment, and repair, if necessary. That NPRM also would have 
required replacement of the existing cover of the avionics cooling fan 
with a new cover, and installation of a new placard on the cover. That 
NPRM was prompted by an incident of a chafing condition between the 
wire harness and No. 2 wire harness connector. That condition, if not 
corrected, could result in smoke and/or fire in the avionics equipment 
compartment.

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.

Question About Previously Accomplished Actions

    One commenter asks whether operators that previously accomplished 
the actions specified in the original issue of McDonnell Douglas 
Service Bulletin MD11-21-033, dated May 1, 1992, which does not include 
an inspection of the wires in the area of the avionics cooling fans 
inside the avionics equipment compartment, have to do the inspection 
required by paragraph (a) of the NPRM. The commenter notes that Boeing 
Alert Service Bulletin MD11-21A033, Revision 01, dated April 30, 2001 
(which is referenced in the NPRM as the appropriate source of service 
information), states that no more work is necessary on airplanes 
modified by the original issue of the service bulletin. The commenter 
states that the original incident was maintenance induced (i.e., 
personnel removed the cover and lay down or sat on the fans), and that, 
after accomplishment of the procedures in the original issue of the 
service bulletin, there were no more reports of problems in this area.
    The FAA acknowledges that Boeing Alert Service Bulletin MD11-
21A033, Revision 01, dated April 30, 2001, states that no more work is 
necessary on airplanes modified by the original issue of the service 
bulletin, and that the original issue of that service bulletin did not 
include an inspection of the subject

[[Page 55364]]

wires. However, we have determined that the inspection required by 
paragraph (a) of this supplemental NPRM is necessary to adequately 
address the identified unsafe condition (i.e., chafing and arcing of 
wires as a result of maintenance personnel lying against the removed 
cover and/or insulation blankets that cover wire harnesses). Therefore, 
more work is necessary for airplanes modified by the original issue of 
the service bulletin.
    Note 3 of the NPRM states, ``Accomplishment of the actions 
specified in McDonnell Douglas Service Bulletin MD11-21-033, dated May 
1, 1992, before the effective date of this AD, is considered acceptable 
for compliance with the requirements of this AD.'' Based on the 
commenter's question, we find that clarification of Note 3 of the NPRM 
is necessary. Accomplishment of the actions specified in the original 
version of service bulletin is acceptable for compliance with only the 
replacement required by paragraph (b) of this supplemental NPRM. 
Therefore, we have revised this language in the supplemental NPRM. In 
addition, since the language in Note 3 of the NPRM is regulatory in 
nature, that note has been redesignated as paragraph (c) of this 
supplemental NPRM.

Explanation of Change to Proposed Requirements

    Since issuance of the NPRM, we have discovered an incorrect part 
number listed in paragraph 3.B.3. of the Accomplishment Instructions of 
Boeing Alert Service Bulletin MD11-21A033, Revision 01, dated April 30, 
2001, which is referenced as the appropriate source of service 
information for accomplishing the replacement and installation required 
by paragraph (b) of this supplemental NPRM. That paragraph states, `` * 
* * with new AXE7270-569 cover and install new AXE7270-569 placard on 
cover as shown on Figure 1.'' However, as indicated in View C-C, Figure 
1 of the service bulletin, the correct part number for the new cover is 
ABM7569-501, not AXE7270-569. Therefore, we have added a statement in 
paragraph (b) of the supplemental NPRM that ``(t)he replacement must be 
done with part numbers that are specified in Figure 1 of the service 
bulletin.''

Explanation of Change to Applicability

    We find that Model MD-11F airplanes were not specifically 
identified by model name in the applicability of the NPRM. However, 
those airplanes were identified by manufacturer's fuselage numbers in 
the effectivity listing of Boeing Alert Service Bulletin MD11-21A033, 
Revision 01, dated April 30, 2001, which was referenced in the 
applicability of the NPRM. Therefore, we have revised this supplemental 
NPRM to specifically reference Model MD-11 and -11F airplanes where 
appropriate. In addition, we have specified model designations in the 
applicability of this supplemental NPRM as published in the most recent 
type certificate data sheet for the affected models.

Explanation of Change to Inspection Definition

    For clarification purposes, we have revised the definition of a 
``general visual inspection'' in Note 2 of this supplemental NPRM.

Conclusion

    Since one of these changes expands the scope of the originally 
proposed rule, we have determined that it is necessary to reopen the 
comment period to provide additional opportunity for public comment.

Cost Impact

    There are approximately 80 Model MD-11 and -11F airplanes of the 
affected design in the worldwide fleet. We estimate that 33 airplanes 
of U.S. registry would be affected by this AD, that it would take 
approximately 4 work hours per airplane to accomplish the proposed 
actions, and that the average labor rate is $60 per work hour. Required 
parts would cost approximately $1,991 per airplane. Based on these 
figures, the cost impact of the proposed AD on U.S. operators is 
estimated to be $73,623, or $2,231 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed 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 proposed herein would 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 proposal would not have federalism implications 
under Executive Order 13132.
    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 adding the following new 
airworthiness directive:

McDonnell Douglas: Docket 2001-NM-160-AD.
    Applicability: Model MD-11 and -11F airplanes, as listed in 
Boeing Alert Service Bulletin MD11-21A033, Revision 01, dated April 
30, 2001; 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 been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.

[[Page 55365]]

    To ensure that the cover of the avionics cooling fans is removed 
only for fan maintenance, and to prevent smoke and/or fire in the 
avionics equipment compartment due to chafing and arcing as a result 
of maintenance personnel lying against the removed cover and/or 
insulation blankets that cover wire harnesses, accomplish the 
following:

Inspection and Repair if Necessary

    (a) Within 18 months after the effective date of this AD, do a 
general visual inspection to detect chafed wires in the area of the 
avionics cooling fans inside the avionics equipment compartment, per 
Boeing Alert Service Bulletin MD11-21A033, Revision 01, dated April 
30, 2001. If any chafed wiring is detected, before further flight, 
repair per the service bulletin.

    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.''

Replacement of a Cover and Installation of a New Placard

    (b) Within 18 months after the effective date of this AD, 
replace the existing cover of the avionics cooling fan with a new 
cover, and install a new placard on the cover, per Boeing Alert 
Service Bulletin MD11-21A033, Revision 01, dated April 30, 2001. The 
replacement must done with part numbers that are specified in View 
C-C, Figure 1, of the service bulletin.
    (c) Accomplishment of the actions specified in McDonnell Douglas 
Service Bulletin MD11-21-033, dated May 1, 1992, before the 
effective date of this AD, is considered acceptable for compliance 
with the requirements of paragraph (b) of this AD.

Spares

    (d) As of the effective date of this AD, no person shall install 
a cover assembly, part number ABM7569-1, on any airplane.

Alternative Methods of Compliance

    (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. 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.

Special Flight Permits

    (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 August 20, 2002.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-22003 Filed 8-28-02; 8:45 am]
BILLING CODE 4910-13-P