[Federal Register Volume 68, Number 34 (Thursday, February 20, 2003)]
[Proposed Rules]
[Pages 8155-8157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4028]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 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.
 
 ========================================================================
 

  Federal Register / Vol. 68, No. 34 / Thursday, February 20, 2003 / 
Proposed Rules  

[[Page 8155]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-77-AD]


Airworthiness Directives; Various Transport Category Airplanes 
Manufactured by McDonnell Douglas

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to various transport category 
airplanes manufactured by McDonnell Douglas. This proposal would 
require a one-time test of the fire extinguishers for the engine and 
auxiliary power unit (APU) to determine the capability of the firex 
electrical circuits to fire discharge cartridges, and troubleshooting 
actions, if necessary. This action is necessary to prevent failure of 
the fire extinguishers to fire discharge cartridges, which could result 
in the inability to put out a fire in an engine or in the APU. This 
action is intended to address the identified unsafe condition.

DATES: Comments must be received by April 7, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-77-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-77-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: Samuel Lee, Aerospace Engineer, 
Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; 
telephone (562) 627-5262; fax (562) 627-5210.

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-77-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-77-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received reports indicating that fire extinguishers for 
the engine and the auxiliary power unit (APU) had failed to discharge 
when commanded on a McDonnell Douglas Model DC-9-81 airplane and a 
Model DC-9-33F airplane. In one event, investigation revealed 
contamination of the circuit breaker contacts. In the other, 
investigation revealed high resistance of the discharge switch 
electrical contacts.
    This condition, if not corrected, could result in failure of the 
firex electrical circuits to fire the discharge cartridges, which could 
result in the inability to put out a fire in an engine or APU.

Similar Models

    The fire extinguisher system on the following airplane models are 
equipped with firex system fire extinguishers: Model DC-8-11, DC-8-12, 
DC-8-21, DC-8-31, DC-8-32, DC-8-33, DC-8-41, DC-8-42, and DC-8-43 
airplanes; Model DC-8-50 series airplanes; Model DC-8F-54 and DC-8F-55 
airplanes; Model DC-8-60 series airplanes; Model DC-8-61F, DC-8-62F, 
and DC-8-63F airplanes; Model DC-8-70 series airplanes; Model DC-8-71F, 
DC-8-72F, and Model DC-8-73F airplanes; Model DC-9-10 series airplanes; 
Model DC-9-20 series airplanes; Model DC-9-30 series airplanes; Model 
DC-9-40 series airplanes; Model DC-9-50 series airplanes; Model DC-10-
10 and DC-10-10F airplanes; Model DC-10-15 airplanes; Model DC-10-30, 
DC-10-30F (KC10A and KDC-10) airplanes; Model

[[Page 8156]]

DC-10-40 and DC-10-40F airplanes; Model MD-10-10F and MD-10-30F 
airplanes; Model MD-11 and -11F airplanes; Model MD-88 airplanes; and 
Model MD-90-30 airplanes. Therefore, all of these models may be subject 
to the same unsafe condition.

Explanation of Relevant Service Information

    The FAA has reviewed and approved the Boeing and McDonnell Douglas 
Alert Service Bulletins (ASBs) as applicable to the appropriate 
airplane models specified in the following table.

------------------------------------------------------------------------
          McDonnell Douglas Models--                 As listed in--
------------------------------------------------------------------------
Model DC-8-11, DC-8-12, DC-8-21, DC-8-31, DC-  Boeing Alert Service
 8-32, DC-8-33, DC-8-41, DC-8-42, and DC-8-43   Bulletin DC 8-26A042,
 airplanes; DC-8-51, DC-8-52, DC-8-53, and DC-  including Appendix A and
 8-55 airplanes; DC-8F-54 and DC-8F-55          Evaluation Form, dated
 airplanes; DC-8-61, DC-8-62, and DC-8-63       January 31, 2002.
 airplanes; DC-8-61F, DC-8-62F, and DC-8-63F
 airplanes; DC-8-71, DC-8-72 and DC-8-73
 airplanes; DC-8-71F, DC-8-72F, and DC-8-73F
 airplanes.
Model DC-9-11, DC-9-12, DC-9-13, DC-9-14, DC-  McDonnell Douglas Alert
 9-15, and DC-9-15F airplanes; DC-9-21          Service Bulletin DC9-
 airplanes; DC-9-31, DC-9-32, DC-9-32 (VC-      26A029, Revision 01,
 9C), DC-9-32F, DC-9-33F, DC-9-34, DC-9-34F,    including Evaluation
 and DC-9-32F (C-9A, C-9B) airplanes; DC-9-41   Form, dated May 8, 2001.
 airplanes; DC-9-51 airplanes; DC-9-81 (MD-
 81), DC-9-82 (MD-82), DC-9-83 (MD-83), and
 DC-9-87 (MD-87) airplanes; and MD-88
 airplanes.
Model DC-10-10 and DC-10-10F airplanes; DC-10- McDonnell Douglas Alert
 15 airplanes; DC-10-30 and DC-10-30F (KC10A    Service DC10-26A050,
 and KDC-10) airplanes; DC-10-40 and DC-10-     including Evaluation
 40F airplanes; MD-10-10F and MD-10-30F         Form, dated July 31,
 airplanes.                                     2000.
Model MD-11 and MD-11F airplanes.............  McDonnell Douglas Alert
                                                Service Bulletin MD11-
                                                26A039, Revision 01,
                                                including Evaluation
                                                Form, dated November 21,
                                                2002.
Model MD-90-30 airplanes.....................  McDonnell Douglas Alert
                                                Service Bulletin MD90-
                                                26A005, including
                                                Evaluation Form, dated
                                                July 31, 2000.
------------------------------------------------------------------------

    These ASBs describe procedures for a one-time test of the fire 
extinguishers for the engines and APU to determine the capability of 
the firex electrical circuits to fire discharge cartridges. 
Additionally, the ASBs reference the airplane maintenance manual (AMM) 
for additional information on troubleshooting procedures in the event 
any test fails. Accomplishment of the actions specified in the 
applicable ASB is intended to adequately address the identified unsafe 
condition.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other products of this same type design, the 
proposed AD would require accomplishment of the actions specified in 
the ASBs described previously, except that this proposed AD would not 
require completion of any Evaluation Forms that are attached to the 
ASBs decribed previously.

Cost Impact

    There are approximately 3,311 airplanes of the affected designs in 
the worldwide fleet. The FAA estimates that 1,553 airplanes of U.S. 
registry would be affected by this proposed AD, that it would take 
approximately between 4 work hours and 7 work hours per airplane 
(depending upon airplane model) to accomplish the proposed actions, and 
that the average labor rate is $60 per work hour. Based on these 
figures, the cost impact of the proposed AD on U.S. operators is 
estimated to be between $372,720 and $652,260, or between $240 and $420 
per airplane.
    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:

    McDonnell Douglas: Docket 2001-NM-77-AD.

    Applicability: This AD applies to the airplanes listed in the 
following Table of this AD, certificated in any category:

[[Page 8157]]



                          Table.--Applicability
------------------------------------------------------------------------
          McDonnell Douglas Models--                 As listed in--
------------------------------------------------------------------------
Model DC-8-11, DC-8-12, DC-8-21, DC-8-31, DC-  Boeing Alert Service
 8-32, DC-8-33, DC-8-41, DC-8-42, and DC-8-43   Bulletin DC 8-26A042,
 airplanes; DC-8-51, DC-8-52, DC-8-53, and DC-  including Appendix A and
 8-55 airplanes; DC-8F-54 and DC-8F-55          Evaluation Form, dated
 airplanes; DC-8-61, DC-8-62, and DC-8-63       January 31, 2002
 airplanes; DC-8-61F, DC-8-62F, and DC-8-63F
 airplanes; DC-8-71, DC-8-72 and DC-8-73
 airplanes; DC-8-71F, DC-8-72F, and DC-8-73F
 airplanes.
Model DC-9-11, DC-9-12, DC-9-13, DC-9-14, DC-  McDonnell Douglas Alert
 9-15, and DC-9-15F airplanes; DC-9-21          Service Bulletin DC9-
 airplanes; DC-9-31, DC-9-32, DC-9-32 (VC-      26A029, Revision 01,
 9C), DC-9-32F, DC-9-33F, DC-9-34, DC-9-34F,    including Evaluation
 and DC-9-32F (C-9A, C-9B) airplanes; DC-9-41   Form, dated May 8, 2001.
 airplanes; DC-9-51 airplanes; DC-9-81 (MD-
 81), DC-9-82 (MD-82), DC-9-83 (MD-83), and
 DC-9-87 (MD-87) airplanes; and MD-88
 airplanes.
Model DC-10-10 and DC-10-10F airplanes; DC-10- McDonnell Douglas Alert
 15 airplanes; DC-10-30 and DC-10-30F (KC10A    Service DC10-26A050,
 and KDC-10) airplanes; DC-10-40 and DC-10-     including Evaluation
 40F airplanes; MD-10-10F and MD-10-30F         Form, dated July 31,
 airplanes.                                     2000.
Model MD-11 and MD-11F airplanes.............  McDonnell Douglas Alert
                                                Service Bulletin MD11-
                                                26A039, Revision 01,
                                                including Evaluation
                                                Form, dated November 21,
                                                2002
Model MD-90-30 airplanes.....................  McDonnell Douglas Alert
                                                Service Bulletin MD90-
                                                26A005, including
                                                Evaluation Form, dated
                                                July 31, 2000.
------------------------------------------------------------------------


    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 failure of the engine and auxiliary power unit (APU) 
fire extinguishers to fire discharge cartridges, which could result in 
the inability to put out a fire in an engine or in the APU; accomplish 
the following:

Testing the Firex Electrical Circuits

    (a) Within 18 months after the accumulation of 15,000 total flight 
hours, or within 18 months after the effective date of this AD, 
whichever occurs later: Test the capability of the electrical circuits 
of the firex fire extinguishers for the engine and the APU, per the 
applicable alert service bulletin (ASB) listed in the Applicability 
Table of this AD. However, this AD does not require completion and 
submission of any Evaluation Forms attached to those ASBs.
    (1) If any electrical circuit of the firex fire extinguishers for 
the APU does not pass the testing, before further flight, accomplish 
the troubleshooting procedures specified in the applicable ASB. 
Dispatch with an inoperative APU is permitted for the amount of time 
specified in the Minimum Equipment List. Dispatch after that time is 
not permitted until the circuits are repaired per the Boeing Standard 
Wiring Practices Manual (SWPM) D6-82481.
    (2) If any electrical circuit of the firex fire extinguishers for 
the engine does not pass the testing, before further flight, accomplish 
the troubleshooting procedures specified in the applicable ASB and 
repair per SWPM D6-82481. Dispatch is not permitted until the circuits 
have been repaired.

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 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

    (c) 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 February 12, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-4028 Filed 2-19-03; 8:45 am]
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