[Federal Register Volume 68, Number 142 (Thursday, July 24, 2003)]
[Proposed Rules]
[Pages 43686-43688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18789]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-57-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model MD-11 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 
airplanes, that would have required a one-time detailed visual 
inspection of the wire bundle installation behind the first observer's 
station to detect damaged or chafed wires; and corrective action, if 
necessary. That earlier proposed AD also would have required an 
inspection of the wire bundle installation behind the first observer's 
station to detect damaged or chafed wires; repair if necessary; 
installation of a grommet around the lower edge of the feed-through; 
replacement of the support bracket with a new bracket; and relocation 
of the support clamp of the wire bundle; as applicable. That proposal 
was prompted by the FAA's determination that the existing support 
bracket and the location of the support clamp of the wire bundle may 
not adequately preclude the wire bundle contained in the feed-through 
behind the first observer's station from contacting the bottom portion 
of the feed-through. This new action revises the proposed rule by 
specifying new corrective actions. The actions specified by this new 
proposed AD are intended to prevent such contact, which could cause 
cable chafing, electrical arcing, smoke, or fire in the cockpit.

DATES: Comments must be received by August 18, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-57-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-57-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: Brett Portwood, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130L, FAA, Transport Airplane 
Directorate, Los Angeles Aircraft Certification Office, 3960 Paramount 
Boulevard, Lakewood, California 90712-4137; telephone (562) 627-5350; 
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-57-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-57-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 airplanes, was published as a 
notice of proposed rulemaking (NPRM) (hereafter referred to as ``the 
original NPRM'') in the Federal Register on October 5, 2001

[[Page 43687]]

(66 FR 50917). The original NPRM would have superseded AD 2000-03-13, 
amendment 39-11572 (65 FR 8028, February 17, 2000) to require a one-
time detailed visual inspection of the wire bundle installation behind 
the first observer's station to detect damaged or chafed wires, and 
repair, if necessary. The original NPRM also would have required 
installing a grommet around the lower edge of the feed-through; 
replacing the support bracket with a new bracket; and relocating the 
support clamp of the wire bundle; as applicable. The original NPRM also 
expanded the applicability of the existing AD to include additional 
airplanes. The original NPRM was prompted by the FAA's determination 
that the existing support bracket and the location of the support clamp 
of the wire bundle may not adequately preclude the wire bundle 
contained in the feed-through behind the first observer's station from 
contacting the bottom portion of the feed-through. That condition, if 
not corrected, could cause cable chafing, electrical arcing, smoke, or 
fire in the cockpit.

Actions Since Issuance of the Original NPRM

    Since the issuance of the original NPRM, the FAA has reviewed and 
approved Revision 03 of Boeing Alert Service Bulletin MD11-24A041, 
dated September 11, 2002. This revision incorporate engineering 
procedures released subsequent to the issuance of Revision 02 of the 
service bulletin, which was referenced in the original NPRM as the 
appropriate source of service information for accomplishing the 
proposed actions. The revised procedures involve installing and 
relocating a new bracket due to interference of existing potted inserts 
when installing the bracket per Revision 02 of the service bulletin. We 
have revised this supplemental NPRM to specify these new procedures and 
to include reference to Revision 03 of the service bulletin as the 
appropriate source of service information.

Comments

    Due consideration has been given to the single comment received in 
response to the original NPRM:
    One commenter notes that the original NPRM states, ``The 
manufacturer has committed previously to its customers that it will 
bear the cost of replacement parts.'' The commenter states that this is 
not quite accurate, and that Boeing warranty remedies are available for 
MD-11 airplanes in warranty as of September 1, 1992.
    From this comment, we infer that the commenter is requesting that 
the Cost Impact section of the original NPRM be revised. We concur and 
have revised the supplemental NPRM accordingly.

Explanation of Change to Applicability

    We have revised the applicability of the original NRPM to identify 
model designations as published in the most recent type certificate 
data sheet for the affected models.

Conclusion

    Since the change to include the revised procedures expands the 
scope of the original NPRM, we have determined that it is necessary to 
reopen the comment period to provide additional opportunity for public 
comment.

Changes to 14 CFR Part 39/Effect on the Proposed AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's AD system. This 
regulation now includes material that relates to altered products, 
special flight permits, and alternative methods of compliance (AMOCs). 
However, for clarity and consistency in this final rule, we have 
retained the language of the NPRM regarding that material.

Change to Labor Rate Estimate

    We have reviewed the figures we have used over the past several 
years to calculate AD costs to operators. To account for various 
inflationary costs in the airline industry, we find it necessary to 
increase the labor rate used in these calculations from $60 per work 
hour to $65 per work hour. The cost impact information, below, reflects 
this increase in the specified hourly labor rate.

Cost Impact

    There are approximately 193 Model MD-11 airplanes of the affected 
design in the worldwide fleet. We estimate that 62 airplanes of U.S. 
registry would be affected by this supplemental NPRM.
    The new actions that are proposed in this AD action would take 
approximately 2 work hours per airplane to accomplish, at an average 
labor rate of $65 per work hour. Required parts would cost $407. Based 
on these figures, the cost impact of the proposed requirements of this 
AD on U.S. operators is estimated to be $33,294, or $537 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. The manufacturer may cover the cost of 
replacement parts associated with this proposed AD, subject to warranty 
conditions. Manufacturer warranty remedies may also be available for 
labor costs associated with this proposed AD. As a result, the costs 
attributable to the proposed AD may be less than stated above.

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.

[[Page 43688]]

Sec.  39.13  [Amended]

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

McDonnell Douglas: Docket 2001-NM-57-AD.

    Applicability: Model MD-11 airplanes, as listed in Boeing Alert 
Service Bulletin MD11-24A041, Revision 03, dated September 11, 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)(1) 
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 the wire bundle contained in the feed-through from 
contacting the bottom of the feed-through, which could cause cable 
chafing, electrical arcing, and smoke or fire in the cockpit, 
accomplish the following:

Inspection

    (a) Within 1 year after the effective date of this AD, do a one-
time detailed inspection of the wire bundle installation behind the 
first observer's station to detect damaged or chafed wires per 
Boeing Alert Service Bulletin MD11-24A041, Revision 03, dated 
September 11, 2002.

    Note 2: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

Condition 1: No Damaged or Chafed Wire

    (b) If no damaged or chafed wire is detected during the detailed 
inspection required by paragraph (a) of this AD, before further 
flight, revise the wire bundle support clamp installation per Boeing 
Alert Service Bulletin MD11-24A041, Revision 03, dated September 11, 
2002.

Condition 2: Any Damaged or Chafed Wire

    (c) If any damaged or chafed wire is detected during the 
detailed inspection required by paragraph (a) of this AD, before 
further flight, repair wiring, and revise the wire bundle support 
clamp installation, per Boeing Alert Service Bulletin MD11-24A041, 
Revision 03, dated September 11, 2002.

Alternative Methods of Compliance

    (d)(1) 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.

    (2) Alternative methods of compliance, approved previously in 
accordance with AD 2000-03-13, amendment 39-11572, are approved as 
alternative methods of compliance with this AD.

Special Flight Permits

    (e) 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 July 17, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-18789 Filed 7-23-03; 8:45 am]
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