[Federal Register Volume 68, Number 2 (Friday, January 3, 2003)]
[Proposed Rules]
[Pages 305-308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-99-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-10-10 and 
DC-10-10F Airplanes; Model DC-10-15 Airplanes; Model DC-10-30, DC-10-
30F, and DC-10-30F (KC10A and KDC-10) Airplanes; Model DC-10-40 and DC-
10-40F Airplanes; and Model MD-10-10F and -30F 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 airplane 
models, that would have required an inspection of the throttle control 
module on the center pedestal in the flight deck compartment to 
determine its part number and configuration, and modification of the 
throttle control module. This new action revises the proposed rule by 
adding additional repetitive inspections for chafing of the throttle 
control module wiring and adding additional airplanes to the 
applicability of this AD. The actions specified by this new proposed AD 
are intended to prevent chafing of wiring inside the throttle control 
module, fuel shutoff lever lights, and/or aft pedestal lightplates due 
to degradation of protective sleeving, which could result in electrical 
arcing and failure of the auto throttle/speed control system and 
consequent smoke and/or fire in the cockpit.

DATES: Comments must be received by January 28, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-99-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-99-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: Natalie Phan-
Tran, Aerospace Engineer, Systems and Equipment Branch, ANM-130L, FAA, 
Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, 
Lakewood, California 90712-4137; telephone (562) 627-5343; fax (562) 
627-5210.
    Other Information: Judy Golder, Airworthiness Directive Technical 
Editor/Writer; telephone (425) 687-4241, fax (425) 227-1232. Questions 
or comments may also be sent via the

[[Page 306]]

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:
    [sbull] 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.
    [sbull] For each issue, state what specific change to the proposed 
AD is being requested.
    [sbull] 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-99-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-99-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 DC-10-10 and DC-10-10F airplanes; Model 
DC-10-15 airplanes; Model DC-10-30, DC-10-30F, and DC-10-30F (KC10A and 
KDC-10) airplanes; Model DC-10-40 and DC-10-40F airplanes; and Model 
MD-10-10F and MD-30F airplanes, was published as a notice of proposed 
rulemaking (NPRM) in the Federal Register on August 24, 2001 (66 FR 
44562). That NPRM would have required an inspection of the throttle 
control module (TCM) on the center pedestal in the flight deck 
compartment to determine its part number and configuration, and 
modification of the TCM. Those actions are necessary to prevent chafing 
of wiring inside the TCM, fuel shutoff lever lights, and/or aft 
pedestal lightplates due to degradation of protective sleeving, which 
could result in electrical arcing and failure of the auto throttle/
speed control system and consequent smoke and/or fire in the cockpit.

Since the Issuance of the NPRM

    Since the issuance of that NPRM, the FAA has reviewed and approved 
Boeing Alert Service Bulletin (ASB) DC10-76A049, including Appendix and 
Evaluation Form, all dated January 29, 2002. That ASB describes 
procedures for repetitive visual inspections for chafing or potential 
chafing of wiring of the TCM module located on the center pedestal in 
the flight compartment. That ASB also describes procedures for 
repairing or repositioning electrical wiring, as applicable, if 
necessary.
    In addition, the FAA has reviewed and approved Boeing ASB DC10-
76A048, Revision 01, dated January 29, 2002, including Evaluation Form. 
(Boeing ASB DC10-76A048, dated August 6, 2001, was specified as the 
appropriate source of service information in the NPRM.) Boeing ASB 
DC10-76A048, Revision 01, dated January 29, 2002, adds two airplanes to 
the effectivity and describes procedures that are generally the same as 
the original service bulletin. The procedures described in Revision 01 
of the ASB are for an inspection of the TCM on the center pedestal in 
the flight deck compartment to determine its part number and 
configuration, and modification of the TCM. The modification includes 
removing material from the throttle lever and cover plates (as 
applicable) for engines 1, 2, and 3; replacing the existing guide 
assembly with an improved guide assembly inside the TCM; replacing the 
existing protective sleeving on the wire bundles; removing previously 
installed spiral wrap tubing on the auto throttle/takeoff/go around 
(TOGA) wiring; and reidentifying the coverplates and TCM; as 
applicable.
    Accomplishment of the actions specified in those service bulletins 
is intended to adequately address the identified unsafe condition.

Comments

    Due consideration has been given to the comments received in 
response to the NPRM.

Requests To Extend Compliance Time

    Three commenters request that the compliance time for the 
modification that would be required by paragraph (a) of the proposal be 
extended from 18 months to 5 years. Two commenters state that there may 
be a problem with parts availability, and that they would be unable to 
meet an 18-month compliance time. Additionally, the commenters note 
that a 5-year compliance time would also align with the modification of 
the thrust reverser activation system (TRAS) that is required by AD 
2001-17-19, amendment 39-12410 (65 FR 44950, August 27, 2001). That AD 
requires the TCM to be removed in order to access the TRAS. One 
commenter requests that, for certain airplanes, the compliance time be 
extended to 36 months. That commenter did not provide any justification 
for the extension. One commenter, the manufacturer, states that it has 
released a new service bulletin (Boeing ASB DC10-76A049, including 
Appendix and Evaluation Form, all dated January 29, 2002, as described 
earlier in this Supplemental Notice of Proposed Rulemaking (SNPRM)) 
that specifies repetitive visual inspections for chafing or potential 
chafing of the TCM wiring located on the center pedestal in the flight 
compartment. The manufacturer states that, if the repetitive 
inspections described in the new service bulletins are accomplished 
every 18 months, a 5-year compliance time for the modification should 
be adequate to ensure operational safety of the affected airplanes.
    The FAA agrees with certain commenters that the compliance time may 
be extended for the reasons they specified. We have revised the 
original NPRM to extend the compliance time for the modification until 
5 years after the effective date of the AD. Additionally, we have added 
a new paragraph (a) to this SNPRM that specifies repetitive visual 
inspections for chafing or potential chafing of the wiring every 18 
months, until the modification is accomplished.

[[Page 307]]

Requests to Withdraw the NPRM

    Two commenters disagree with a need for the rule as proposed. The 
commenters state that they are unaware of any report of smoke or fire 
in the cockpit of the Model DC-10 fleet that resulted from wire chafing 
in the TCM. The commenters conclude that supporting documentation of 
such incidents of smoke or fire is absent. The FAA infers that the 
commenters are requesting that the original NPRM be withdrawn.
    The FAA does not agree. We acknowledge that we are unaware of any 
specific reports of smoke or fire due to wire arcing or chafing 
associated with the TCM on the airplanes specified in this SNPRM. 
However, we find that there have been numerous incident reports 
describing wire chafing that emanated from other systems, which has 
been identified as the ignition source for some in-flight smoke and/or 
fires. Therefore, we consider that an unsafe condition has been 
identified that is likely to exist or develop on other products of 
these type designs, and that issuance of this SNPRM is warranted.

Requests to Revise the Cost Impact Section

    The commenters request that the Cost Impact section be revised to 
reflect a more realistic work hour estimate of 24 hours for the 
accomplishment of the modification. (The original NPRM estimates 
between 4 and 7 hours.)
    The FAA agrees that the cost information should be revised. 
However, we have revised the estimated cost for accomplishing the 
modification based on the current work hours estimated in Boeing ASB 
DC10-76A048, Revision 01, dated January 29, 2002. The estimated work 
hours to accomplish the modification specified in that service bulletin 
(excluding work hours to remove, install, and test) are approximately 
15 work hours. We estimate that the average labor rate is $60 per work 
hour, and that required parts would cost approximately $1,712 per 
airplane. Based on those figures, we estimate that the modification 
cost impact of the proposed AD would be $2,612 per airplane.
    Additionally, we have added an estimated cost of the inspection 
specified in Boeing ASB DC10-76A049, dated January 29, 2002. We 
estimate that each inspection would take 2 work hours to perform, at an 
estimated average labor rate of $60 per work hour, per inspection. 
Based on those figures, we estimate that each inspection would cost 
approximately $120 per airplane, per inspection cycle.

Explanation of New Requirements of Proposal

    Since an unsafe condition has been identified that is likely to 
exist or develop on other products of these type designs, this SNPRM 
would continue to require an inspection of the TCM on the center 
pedestal in the flight deck compartment to determine its part number 
and configuration, and modification of the TCM. This SNPRM also would 
add repetitive inspections for chafing or potential chafing of the TCM 
wiring, and corrective actions if necessary. This SNPRM also would 
require adding airplanes to the applicability of this AD. The actions 
would be required to be accomplished in accordance with the service 
bulletins described previously.

Conclusion

    Since these changes expand 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.

Explanation of Change to Applicability

    The FAA has revised the applicability of the original NPRM to 
identify model designations as published in the most recent type 
certificate date sheet for the affected models.

Cost Impact

    There are approximately 401 McDonnell Douglas Model DC-10-10 and 
DC-10-10F airplanes; Model DC-10-15 airplanes; Model DC-10-30, DC-10-
30F, and DC-10-30F (KC10A and KDC-10) airplanes; Model DC-10-40 and DC-
10-40F airplanes; and Model MD-10-10F and ``MD-10-30F airplanes; of the 
affected design in the worldwide fleet. The FAA estimates that 321 
airplanes of U.S. registry would be affected by this proposed AD, that 
it would take approximately 15 work hours per airplane to accomplish 
the proposed modification, and that the average labor rate is $60 per 
work hour. Required parts would cost approximately $1,712 per airplane. 
Based on these figures, the cost impact of the modification proposed by 
this AD on U.S. operators is estimated to be $838,452 or $2,612 per 
airplane.
    We estimate that it would take approximately 2 work hours per 
airplane to perform the proposed inspections, and that the average 
labor rate is $60 per work hour. Based on these figures, the cost 
impact of the inspections proposed by this AD on U.S. operators is 
estimated to be $38,520, or $120 per airplane, per inspection cycle.
    The cost impact figures discussed above are 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 proposed 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:


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McDonnell Douglas: Docket 2001-NM-99-AD.

    Applicability: Model DC-10-10 and DC-10-10F airplanes; Model DC-
10-15 airplanes; Model DC-10-30, DC-10-30F, and DC-10-30F (KC10A and 
KDC-10) airplanes; Model DC-10-40 and DC-10-40F airplanes; Model MD-
10-10F and MD-10-30F airplanes; as listed in Boeing Alert Service 
Bulletin DC10-76A048, Revision 01, dated January 29, 2002; 
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 (d) 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 of wiring inside the throttle control module, 
fuel shutoff lever lights, and/or aft pedestal lightplates due to 
degradation of protective sleeving, which could result in electrical 
arcing and failure of the auto throttle/speed control system and 
consequent smoke and/or fire in the cockpit; accomplish the 
following:

Repetitive Inspections for Chafing

    (a) Within 18 months after the effective date of this AD, 
perform a general visual inspection for chafing or potential chafing 
of the wiring of the throttle control module located on the center 
pedestal in the flight compartment, per Boeing Alert Service 
Bulletin (ASB) DC10-76A049, excluding the Appendix and Evaluation 
Form, all dated January 29, 2002. Thereafter, repeat the inspection 
at intervals not to exceed 18 months, until the actions specified in 
paragraph (c) of this AD are accomplished.

    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.''

    (b) If any evidence of chafing or potential chafing is found 
during any inspection required by paragraph (a) of this AD, before 
further flight, repair the chafed wires or reposition wires, as 
applicable, per Boeing ASB DC10-76A049, excluding the Appendix and 
Evaluation Form, all dated January 29, 2002.

Inspection and Modification

    (c) Within 5 years after the effective date of this AD, do the 
actions specified in paragraphs (c)(1) and (c)(2) of this AD, per 
Boeing ASB DC10-76A048, excluding the Evaluation Form, both dated 
August 6, 2001; or Revision 01, excluding the Evaluation Form, both 
dated January 29, 2002.
    (1) Do an inspection of the throttle control module on the 
center pedestal in the flight deck compartment to determine its part 
number and configuration, which will identify the group 
applicability information.
    (2) Modify the throttle control module on the center pedestal in 
the flight deck compartment per the applicable figure in the service 
bulletin. Accomplishment of the modification constitutes terminating 
action for the requirements of paragraph (a) of this AD.

Alternative Methods of Compliance

    (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. 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 Permit

    (e) Special flight permits may be issued in accordance with 
Sec. Sec.  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 December 24, 2002.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-21 Filed 1-2-03; 8:45 am]
BILLING CODE 4910-13-P