[Federal Register Volume 68, Number 142 (Thursday, July 24, 2003)]
[Proposed Rules]
[Pages 43683-43686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18791]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-52-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 arcing 
damage of the terminal strips, surrounding structure, and electrical 
cables in the forward cargo compartment; and repair or replacement of 
any damaged part with a new part. The proposed AD also would have 
required modification of the applicable terminal strip installation in 
the cargo compartment, and replacement of the applicable terminal 
strips in the cargo compartment with new strips. This new action 
revises the proposed rule by adding new procedures for certain 
airplanes; clarifying the applicability; and referencing the latest 
revision of the service bulletin. The actions specified by this new 
proposed AD are intended to prevent arcing and consequent damage to the 
terminal strips and adjacent structure and smoke/fire in the forward 
cargo compartment. This action is intended to address the identified 
unsafe condition.

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-52-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-52-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.

[[Page 43684]]


FOR FURTHER INFORMATION CONTACT: 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.

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-52-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-52-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 50897). That NPRM would have required an 
inspection to detect arcing damage of the terminal strips, surrounding 
structure, and electrical cables in the forward cargo compartment; and 
repair or replacement of any damaged part with a new part. That NPRM 
also would have required modification of the applicable terminal strip 
installation in the cargo compartment, and replacement of the 
applicable terminal strips in the cargo compartment with new strips. 
That NPRM was prompted by an incident in which arcing occurred between 
the power feeder cables and terminal strip support brackets. That 
condition, if not corrected, could result in arcing and consequent 
damage to the terminal strips and adjacent structure and smoke/fire in 
the forward cargo 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.

Request To Reference Latest Service Bulletin

    Two commenters request that the proposed AD be revised to reference 
Revision 01 of Boeing Alert Service Bulletin MD11-24A174, dated April 
24, 2001 (the original issue of the service bulletin was referenced in 
the NPRM as the appropriate source of service information for 
accomplishment of the proposed actions). One commenter states that this 
revision corrects an incorrect part number and part quantity.
    The FAA does not agree. Since issuance of the NPRM, the FAA has 
reviewed and approved Revision 03 of Boeing Alert Service Bulletin 
MD11-24A174, including Evaluation Form, dated July 25, 2002. This 
revision constitutes a complete reissue. More work is necessary for 
Group 2 airplanes changed per prior issues of this service bulletin.
    Revision 03 of the service bulletin describes procedures for a 
general visual inspection to detect arcing damage of the terminal 
strips, surrounding structure, and electrical cables in the forward 
cargo compartment; and repair or replacement of the damaged part with a 
new part. The service bulletin also describes procedures for 
modification of the applicable terminal strip installation in the cargo 
compartment (including inspection for damaged cables and repair of any 
damaged cable) if necessary, and replacement of the applicable terminal 
strips in the cargo compartment with new strips (including inspection 
for damaged cables and repair of any damaged cable).
    Therefore, we have revised this supplemental NPRM to reference 
Revision 03 of the service bulletin as the appropriate source of 
service information for accomplishing the proposed actions. However, 
although the service bulletin recommends completion and submission of 
an inspection report and an Evaluation Form that provides input on the 
quality of the service bulletin to the airplane manufacturer, this 
proposed AD does not include such requirements.

Request to Revise Cost Impact

    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 ``operators of affected airplanes within 
the warranty period of April 1, 1995, as specified by their purchase 
agreement, must submit a no change purchase order.''
    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 this supplemental NPRM accordingly.
    In addition, 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.

Explanation of Change to Applicability

    We find that Model MD-11F airplanes were not specifically 
identified by model name in the applicability of the original NPRM. 
However, those airplanes are identified by manufacturer's fuselage 
numbers in the effectivity listing of McDonnell Douglas Alert Service 
Bulletin MD11-24A174, dated January 31, 2001; and Boeing Alert Service 
Bulletin MD11-24A174, Revision 03, dated July 25, 2002. Therefore, we 
have revised this supplemental NPRM to specifically reference Model MD-
11 and -11F

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airplanes where appropriate, and have revised the applicability to 
reference the Revision 03 of the service bulletin. 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, the FAA has revised the definition of a 
``general visual inspection'' in Note 2 of this supplemental NPRM.

Conclusion

    Since certain of these changes expand 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.

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). 
Because we have now included this material in part 39, only the office 
authorized to approve AMOCs is identified in each individual AD. 
Therefore, in this supplemental NPRM, Note 1 and paragraph (c) of the 
original NPRM have been removed, and paragraph (b) of the original NPRM 
has been revised.

Cost Impact

    There are approximately 154 Model MD-11 and -11F airplanes of the 
affected design in the worldwide fleet. The FAA estimates that 59 
airplanes of U.S. registry will be affected by this AD, that it will 
take approximately between 1 and 6 work hours per airplane depending on 
the airplane configuration to accomplish the required actions, and that 
the average labor rate is $65 per work hour. Required parts would cost 
between $133 and $474 depending on the airplane configuration. Based on 
these figures, the cost impact of the AD on U.S. operators is estimated 
to be between $198 and $864 per airplane depending on the airplane 
configuration.
    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.

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-52-AD.

    Applicability: Model MD-11 and -11F airplanes, as listed in 
Boeing Alert Service Bulletin MD11-24A174, Revision 03, dated July 
25, 2002; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent arcing and consequent damage to the terminal strips 
and adjacent structure and smoke/fire in the forward cargo 
compartment, accomplish the following:

Inspection, Modification, Replacement, and Corrective Actions, if 
Necessary

    (a) For airplanes on which Boeing Alert Service Bulletin MD11-
24A174, original issue, January 31, 2001; Revision 01, dated April 
24, 2001; or Revision 02, dated December 17, 2001, have not been 
done: Within 18 months after the effective date of this AD, do the 
actions specified in paragraphs (a)(1), (a)(2), and (a)(3) of this 
AD per the Accomplishment Instructions of Boeing Alert Service 
Bulletin MD11-24A174, excluding the Evaluation Form; both Revision 
03, dated July 25, 2002. Although the service bulletin recommends 
the completion and submission of an Evaluation Form and a reporting 
requirement (Appendix), such reporting is not required by this AD.
    (1) Do a general visual inspection to detect arcing damage of 
the terminal strips, surrounding structure, and electrical cables in 
the forward cargo compartment. If any damage is detected, before 
further flight, repair or replace the damaged part with a new part, 
per the service bulletin; except if the type of structural material 
that has been affected is not covered in the Structural Repair 
Manual (SRM), repair per a method approved by the Manager, Los 
Angeles Aircraft Certification Office (ACO), FAA.

    Note 1: 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 2: Where there are differences between the referenced 
service bulletin and the AD, the AD prevails.

    (2) Modify the applicable terminal strip installation in the 
cargo compartment (including inspection for damaged cables and 
repair of any damaged cable).
    (3) Replace the applicable terminal strips in the cargo 
compartment with new strips (including inspection for damaged cables 
and repair of any damaged cable).
    (b) For Group 2 airplanes listed in Boeing Alert Service 
Bulletin MD11-24A174, Revision 03, dated July 25, 2002, on which 
prior revisions of that service bulletin have been done: Within 18 
months after the effective date of this AD, do the actions

[[Page 43686]]

specified in paragraphs (b)(1) and (b)(2) of this AD per the 
Accomplishment Instructions of Boeing Alert Service Bulletin MD11-
24A174, excluding the Evaluation Form; both Revision 03, dated July 
25, 2002. Although the service bulletin recommends the completion 
and submission of an Evaluation Form and a reporting requirement 
(Appendix), such reporting is not required by this AD.
    (1) Do a general visual inspection to detect arcing damage of 
the terminal strips, surrounding structure, and electrical cables in 
the forward cargo compartment. If any damage is detected, before 
further flight, repair or replace the damaged part with a new part, 
per the service bulletin; except if the type of structural material 
that has been affected is not covered in the SRM, repair per a 
method approved by the Manager, Los Angeles ACO, FAA.
    (2) Replace the applicable terminal strip in the cargo 
compartment with a new strip (including inspection for damaged 
cables and repair of any damaged cable).

Alternative Methods of Compliance

    (c) In accordance with 14 CFR 39.19, the Manager, Los Angeles 
ACO, FAA, is authorized to approve alternative methods of compliance 
for this AD.

    Issued in Renton, Washington, on July 17, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-18791 Filed 7-23-03; 8:45 am]
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