[Federal Register Volume 69, Number 133 (Tuesday, July 13, 2004)]
[Proposed Rules]
[Pages 41985-41987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15760]


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

  Federal Register / Vol. 69, No. 133 / Tuesday, July 13, 2004 / 
Proposed Rules  

[[Page 41985]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-32-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.

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

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 resistance tests of the brake 
coils of the auto throttle servo (ATS) and of the elevator load feel 
(ELF)/flap limiter (FL) duplex actuator for low electrical resistance; 
and corrective actions, if necessary. This new action revises the 
proposed rule by removing the resistance tests, adding certain 
airplanes to the applicability, and adding an inspection of the ATS 
assembly and corrective actions if necessary. The actions specified by 
this new proposed AD are necessary to prevent electrical shorting of 
the brake coils of the ATS, which could result in smoke in the cockpit 
and/or passenger cabin. This action is intended to address the 
identified unsafe condition.

DATES: Comments must be received by August 9, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-32-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. 2000-NM-32-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 Airplanes, 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, 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:
     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.
     For each issue, state what specific change to the proposed 
AD is being requested.
     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 2000-NM-32-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. 2000-NM-32-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 notice of proposed rulemaking (NPRM) in the Federal Register on July 
27, 2000 (65 FR 46210) (hereafter referred to as the ``original 
NPRM''). The original NPRM would have required resistance tests of the 
brake coils of the auto throttle servo (ATS) and of the elevator load 
feel (ELF)/flap limiter (FL) duplex actuator for low electrical 
resistance; and corrective actions, if necessary. The original NPRM was 
prompted by an incident in which the ATS shorted electrically and 
caused smoke in the cockpit. Electrical shorting of the brake coils of 
the ATS or ELF/FL duplex actuator, if not corrected, could result in 
smoke in the cockpit and/or passenger cabin.

Actions Since the Issuance of Original NPRM

    Since the issuance of the original NPRM, we have reviewed and 
approved Boeing Service Bulletin MD11-22-026, dated December 19, 2003. 
The service bulletin supersedes and cancels the

[[Page 41986]]

recommendations of Boeing Service Bulletins MD11-22-024 and MD11-22-025 
(original and Revision 01). The service bulletin describes procedures 
for performing an inspection to determine the P/N of the ATS assembly 
of the servo assembly of the TCM, and corrective action(s) if 
necessary. The corrective actions include reidentifying the TCM 
assembly; and replacing the existing ATS assembly of the TCM assembly 
with a new ATS assembly or returning the TCM assembly in the center of 
the pedestal in the flight compartment to Boeing for modification and 
reidentification. Accomplishment of the actions specified in the Boeing 
Service Bulletin MD11-22-026 is intended to adequately address the 
identified unsafe condition. Therefore, we have revised the 
supplemental NPRM to reference Boeing Service Bulletin MD11-22-026 as 
the appropriate source of service information.

Comments

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

Request To Change Dash Number of Affected Spare Parts

    Two commenters request that the FAA require Boeing and Honeywell to 
change the dash numbers on all parts affected by the original NPRM. To 
do this, one commenter suggests that the manufacturers' revise the 
following service information:
    1. Boeing Service Bulletin MD11-22-024, dated March 29, 2000 (which 
is referenced in the original NPRM as the appropriate source of service 
information for accomplishing the proposed actions);
    2. Honeywell Service Bulletins 4059004-22-0003 and 4059005-27-0004 
(Boeing Service Bulletin MD11-22-024 references these Honeywell service 
bulletins as an additional source of service information for 
accomplishing the proposed resistance tests);
    3. Boeing Component Maintenance Manuals (CMM) 76-10-05; and
    4. Honeywell CMMs 22-31-60 and 27-32-07.
    Several commenters note that paragraph (b) of the original NPRM 
states, ``As of the effective date of this AD, no person shall install 
the following parts on any airplane: (1) Thrust control module assembly 
having part number ABH7760-1, ABH7760-501, or ABH7760-503; (2) Flap 
limiter duplex actuator having part number 4059004-901; or (3) Elevator 
load feel duplex actuator having part number 4059005-901.'' Two of the 
commenters state that none of the service information listed above 
recommend re-identification of thrust control module (TCM) assembly 
having part number ABH7760-1, ABH7760-501, or ABH7760-503, but do 
recommend re-identification with a modication letter ``K'' after the 
resistance tests of ATSs having part number (P/N) 4059004-901--a 
subassembly of the TCM, and ELF/FL duplex actuators having P/N 4059005-
901. Another commenter made a similar statement. One of the commenters 
specifically points out that P/N 4059004-901 in paragraph (b)(2) of the 
original NPRM actually belongs to the ATS, which is the subassembly of 
the TCM, and that P/N 4059005-901 in paragraph (b)(3) of the original 
NPRM applies to both the ELF and FL installations.
    One of the commenters notes that re-identification per a 
modification letter does not constitute a part number change, and that 
parts are not purchased, stocked, tracked, or identified in an airplane 
illustrated parts catalog using modification letters. Therefore, the 
commenter concludes that a modification letter change will do very 
little to help prevent pre-modification parts from being installed on 
an airplane.
    In addition, one commenter requests that provisions be added to 
Boeing Service Bulletin MD11-22-024 to allow operators to perform the 
resistance check on all affected spares without special routings to 
shop for complete disassembly and date code checks. The commenter 
states that spares should be reidentified with the new dash number and 
returned to stock provided they pass all resistance checks.
    The FAA does not agree with the commenters' request to require 
Boeing and Honeywell to update the respective CMMs. Because CMMs are 
not FAA-approved and the procedures specified in CMMs vary from 
operator to operator, there are no assurances that each operator's CMM 
contains the identical actions proposed by this supplemental NPRM. 
These changes should be negotiated between the affected operators and 
Boeing.
    However, we agree with the commenter's statement that the Boeing 
and Honeywell service bulletins listed above need to be revised, but 
for different reasons. Since the issuance of the original NPRM, we have 
determined that the ELF/FL duplex actuators are not subject to the 
identified unsafe condition of this AD. These actuators are installed 
outside of the cockpit and passenger cabin such that the possibility of 
smoke in the cockpit or cabin is minimized. Also, we have determined 
that all ATSs that have not been upgraded to P/N 4059005-903 are 
subject to electrical shorting, and that the proposed resistance tests 
in the original NPRM are not adequate to detect all defective ATSs. 
Therefore, all ATSs must be inspected to determine if they have been 
upgraded to P/N 4059005-903 per Boeing Service Bulletin MD11-22-026 
(described previously).

Explanation of Change to Applicability

    We have determined that some confusion may arise from the 
applicability of the original NPRM, because McDonnell Douglas Model MD-
11F series airplanes were not specifically identified. However, those 
airplanes were identified by manufacturer's fuselage numbers in Boeing 
Service Bulletin MD11-22-024, dated March 29, 2000 (which was 
referenced in the applicability statement of the original NPRM for 
determining the specific affected airplanes). Therefore, we have 
revised the applicability of the supplemental NPRM to include Model MD-
11F airplanes, in addition to Model MD-11 series airplanes, and to 
reference Boeing Service Bulletin MD11-22-026 as the appropriate source 
of service information for determining the specific affected airplanes.

Conclusion

    Since these changes expand 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 airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance (AMOCs). These changes are reflected in this supplemental 
NPRM.

Changes to Labor Rate

    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.

[[Page 41987]]

Cost Impact

    There are approximately 195 McDonnell Douglas Model MD-11 and ``11F 
airplanes of the affected design in the worldwide fleet. The FAA 
estimates that 62 airplanes of U.S. registry would be affected by this 
proposed AD, that it would take approximately 1 work hours per airplane 
to accomplish the proposed inspection, and that the average labor rate 
is $65 per work hour. Based on these figures, the cost impact of the 
inspection proposed by this AD on U.S. operators is estimated to be 
$4,030, or $65 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.

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 2000-NM-32-AD.

    Applicability: Model MD-11 and -11F airplanes, as listed in 
Boeing Service Bulletin MD11-22-026, dated December 19, 2003; 
certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent electrical shorting of the brake coils of the auto 
throttle servo (ATS), which could result in smoke in the cockpit 
and/or passenger cabin, accomplish the following:

Inspect ATS

    (a) Within 36 months after the effective date of this AD, do an 
inspection to determine the part number (P/N) of the ATS assembly of 
the servo assembly of the TCM, per the Accomplishment Instructions 
of Boeing Service Bulletin MD11-22-026, dated December 19, 2003.

Corrective Actions

    (b) Before further flight after doing the inspection required by 
paragraph (a) of this AD, do the applicable corrective action(s) 
specified in ``Table-Corrective Actions,'' per Boeing Service 
Bulletin MD11-22-026, dated December 19, 2003.

------------------------------------------------------------------------
                  If--                                Then--
------------------------------------------------------------------------
(1) P/N 4059004-903 is installed.......  Reidentify the TCM assembly.
(2) P/N 4059004-903 is not installed...  Replace the existing ATS
                                          assembly of the TCM assembly
                                          with a new ATS assembly, and
                                          reidentify the TCM assembly;
                                          or return TCM assembly to
                                          Boeing for modification and
                                          reidentification.
------------------------------------------------------------------------

Parts Installation

    (c) As of the effective date of this AD, no person shall install 
a thrust control module assembly having part number ABH7760-1, 
ABH7760-501, ABH7760-503, SR11761001-3, SR11761001-5, SR11761001-7, 
SR11270022-3, SR11761001-9, SR11270022-5, or SR11761001-11, on any 
airplane.

Alternative Methods of Compliance

    (d) In accordance with 14 CFR 39.19, the Manager, Los Angeles 
Aircraft Certification Office, FAA, is authorized to approve 
alternative methods of compliance (AMOCs) for this AD.

    Issued in Renton, Washington, on June 30, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-15760 Filed 7-12-04; 8:45 am]
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