[Federal Register Volume 68, Number 161 (Wednesday, August 20, 2003)]
[Rules and Regulations]
[Pages 50058-50061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20987]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-77-AD; Amendment 39-13281; AD 2003-17-07]
RIN 2120-AA64


Airworthiness Directives; Various Transport Category Airplanes 
Manufactured by McDonnell Douglas

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to various transport category airplanes manufactured by 
McDonnell Douglas. This AD requires a one-time test of the fire 
extinguishers for the engine and auxiliary power unit (APU), as 
applicable, 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: Effective September 24, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director

[[Page 50059]]

of the Federal Register as of September 24, 2003.

ADDRESSES: The service information referenced in this AD 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 Federal Aviation Administration (FAA), Transport 
Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, 
Washington; at the FAA, Los Angeles Aircraft Certification Office, 3960 
Paramount Boulevard, Lakewood, California; or at the Office of the 
Federal Register, 800 North Capitol Street, NW., suite 700, Washington, 
DC.

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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to various transport category 
airplanes manufactured by McDonnell Douglas was published in the 
Federal Register on February 20, 2003 (68 FR 8155). That action 
proposed to 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.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. The FAA has given due consideration to 
the comments received.

Request for Credit for Actions Accomplished Per Earlier Service 
Bulletin Revisions

    Two commenters request that we revise the proposed AD to give 
credit for tests accomplished previously per the original issue of 
McDonnell Douglas Alert Service Bulletin DC9-26A029, dated July 27, 
2000; or MD11-26A039, dated July 31, 2000. The proposed AD refers to 
Revision 01 of those service bulletins as the applicable sources of 
service information for certain airplanes affected by the proposed AD. 
The commenters note that the procedures for the test of the electrical 
circuit are similar in the original issue and Revision 01 of those 
service bulletins.
    We concur and have added a new paragraph (b) to this final rule 
(and reidentified subsequent paragraphs accordingly) to state that 
tests and troubleshooting actions accomplished before the effective 
date of this AD per the original issue of those service bulletins are 
acceptable for compliance with the corresponding action required by 
paragraph (a) of this final rule.

Request To Clarify Requirements for Airplanes Without an APU Installed

    One commenter requests that we revise the proposed AD to provide 
for airplanes on which no APU is installed, by changing paragraph (a) 
of this proposed AD to add the words ``if installed'' after ``APU.'' 
The commenter states that it operates certain airplanes included in the 
effectivity listing of the related service bulletin that do not have an 
APU installed. The commenter states that it has informed the airplane 
manufacturer of this issue, and the airplane manufacturer intends to 
correct the effectivity of the related service bulletin. However, the 
commenter is concerned that the AD, as proposed, would require it to 
test an APU that does not exist on these airplanes. The commenter 
requests that we revise the proposed AD to ensure that it is able to 
comply with the requirements of the AD.
    We concur with the intent of the commenter's request. We have 
revised paragraph (a) of this final rule to read, ``Test the capability 
of the electrical circuits of the Firex fire extinguishers for the 
engine and the APU, as applicable.'' We have made a similar change to 
the Summary section of this final rule. We have also revised paragraph 
(a)(1) of this AD to clarify that the actions in that paragraph apply 
to ``any airplane equipped with an APU,'' and we have revised paragraph 
(a)(2) of this final rule to clarify that the actions in that paragraph 
apply to ``all airplanes.''

Explanation of Additional Change to Final Rule

    We have revised the applicability section of this final rule to 
identify the table in that section as ``Table 1--Applicability.'' We 
have made a corresponding change to paragraph (a) of this final rule.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes previously 
described. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Changes to 14 CFR Part 39/Effect on the 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 airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance. 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

    After we issued the proposed AD, we reviewed the figures we use to 
calculate the labor rate to do the required actions. To account for 
various inflationary costs in the airline industry, we find it 
appropriate to increase the labor rate used in these calculations from 
$60 per work hour to $65 per work hour. The economic impact 
information, below, has been revised to reflect this increase in the 
specified hourly labor rate.

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 will be affected by this AD, that it will take between 4 work 
hours and 7 work hours per airplane (depending upon airplane model) to 
accomplish the required actions, and that the average labor rate is $65 
per work hour. Based on these figures, the cost impact of the 
requirements of this AD on U.S. operators is estimated to be between 
$403,780 and $706,615, or between $260 and $455 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the 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 adopted herein will not have a substantial direct 
effect on

[[Page 50060]]

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 
final rule does not have federalism implications under Executive Order 
13132.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) 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 final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. Section 39.13 is amended by adding the following new airworthiness 
directive:

2003-17-07 McDonnell Douglas: Amendment 39-13281. Docket 2001-NM-77-
AD.

    Applicability: This AD applies to the airplanes listed in Table 
1 of this AD, certificated in any category. Table 1 of this AD 
follows:

                         Table 1--Applicability
------------------------------------------------------------------------
        McDonnell Douglas Models                   As listed in
------------------------------------------------------------------------
Model DC-8-11, DC-8-12, DC-8-21, DC-8-    Boeing Alert Service Bulletin
 31, DC-8-32, DC-8-33, DC-8-41, DC-8-42,   DC8-26A042, including
 and DC-8-43 airplanes; DC-8-51, DC-8-     Appendix A, dated January 31,
 52, DC-8-53, and DC-8-55 airplanes; DC-   2002.
 8F-54 and DC-8F-55 airplanes; DC-8-61,
 DC-8-62, and DC-8-63 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-    McDonnell Douglas Alert
 14, DC-9-15, and DC-9-15F airplanes; DC-  Service Bulletin DC9-26A029,
 9-21 airplanes; DC-9-31, DC-9-32, DC-9-   Revision 01, dated May 8,
 32 (VC-9C), DC-9-32F, DC-9-33F, DC-9-     2001.
 34, DC-9-34F, and DC-9-32F (C-9A, C-9B)
 airplanes; DC-9-41 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;   McDonnell Douglas Alert
 DC-10-15 airplanes; DC-10-30 and DC-10-   Service, Bulletin DC10-
 30F (KC10A and KDC-10) airplanes; DC-10-  26A050, dated July 31, 2000.
 40 and DC-10-40F airplanes; MD-10-10F
 and MD-10-30F airplanes.
Model MD-11 and MD-11F airplanes........  McDonnell Douglas Alert
                                           Service Bulletin MD11-26A039,
                                           Revision 01, dated November
                                           21, 2002.
Model MD-90-30 airplanes................  McDonnell Douglas Alert
                                           Service Bulletin MD90-26A005,
                                           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 (c) 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, 
as applicable, per the applicable alert service bulletin (ASB) 
listed in Table 1 of this AD.
    (1) For any airplane equipped with an APU: 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) For all airplanes: 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.

Actions Accomplished Per Previous Issue of Service Bulletins

    (b) Tests and troubleshooting procedures accomplished before the 
effective date of this AD per McDonnell Douglas Alert Service 
Bulletin DC9-26A029, dated July 27, 2000; or MD11-26A039, dated July 
31, 2000; are considered acceptable for compliance with the 
corresponding action specified in paragraph (a) of this AD.

Alternative Methods of Compliance

    (c) 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

    (d) 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.

[[Page 50061]]

Incorporation by Reference

    (e) Unless otherwise specified in this AD, the actions shall be 
done in accordance with the applicable service bulletin listed in 
Table 2 of this AD. Table 2 follows:

                                     Table 2.--Applicable Service Bulletins
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         Service Bulletin                      Revision Level                               Date
----------------------------------------------------------------------------------------------------------------
Boeing Alert Service Bulletin DC8- Original..............................  January 31, 2002.
 26A042, including Appendix A.
McDonnell Douglas Alert Service    Revision 01...........................  May 8, 2001.
 Bulletin DC9-26A029.
McDonnell Douglas Alert Service    Original..............................  July 31, 2000.
 Bulletin DC10-26A050.
McDonnell Douglas Alert Service    Revision 01...........................  November 21, 2002.
 Bulletin MD11-26A039.
McDonnell Douglas Alert Service    Original..............................  July 31, 2000.
 Bulletin MD90-26A005.
----------------------------------------------------------------------------------------------------------------

    This incorporation by reference was approved by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. Copies 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). Copies may be inspected at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; at 
the FAA, Los Angeles Aircraft Certification Office, 3960 Paramount 
Boulevard, Lakewood, California; or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

Effective Date

    (f) This amendment becomes effective on September 24, 2003.

    Issued in Renton, Washington, on August 12, 2003.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-20987 Filed 8-19-03; 8:45 am]
BILLING CODE 4910-13-P