[Federal Register Volume 70, Number 68 (Monday, April 11, 2005)]
[Proposed Rules]
[Pages 18324-18327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7153]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20881; Directorate Identifier 2004-NM-253-AD]
RIN 2120-AA64


Airworthiness Directives; Various Transport Category Airplanes 
Manufactured by McDonnell Douglas

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to revise an existing airworthiness directive 
(AD) that applies to various transport category airplanes manufactured 
by McDonnell Douglas. The existing AD currently 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 proposed AD would remove certain transport 
category airplanes from the applicability of the existing AD. This 
proposed AD is prompted by

[[Page 18325]]

reports indicating that fire extinguishers for the engine and auxiliary 
power unit had failed to discharge when commanded. We are proposing 
this AD 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.

DATES: We must receive comments on this proposed AD by May 26, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood 
Boulevard, Long Beach, California 90846, Attention: Data and Service 
Management, Dept. C1-L5A (D800-0024).
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street SW., room PL-401, 
on the plaza level of the Nassif Building, Washington, DC. This docket 
number is FAA-2005-20881; the directorate identifier for this docket is 
2004-NM-253-AD.

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

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2005-20881; 
Directorate Identifier 2004-NM-253-AD-'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments received by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of our 
docket web site, anyone can find and read the comments in a docket, 
including the name of the individual who sent the comment (or signed 
the comment on behalf of an association, business, labor union, etc.). 
You can review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78), or you can visit 
http://dms.dot.gov.

Examining the Docket

    You can examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the DMS receives them.

Discussion

    On August 12, 2003, we issued AD 2003-17-07, amendment 39-13281 (68 
FR 50058, August 20, 2003), for various transport airplanes 
manufactured by McDonnell Douglas. That 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. That AD was prompted by 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. We issued that AD 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.

Actions Since Existing AD Was Issued

    Since we issued AD 2003-17-07, we have reviewed the service 
bulletins specified in that AD, and have determined that, for one of 
the appropriately referenced service bulletins, the effectivity differs 
from the applicability of the AD. Specifically, McDonnell Douglas Alert 
Service Bulletin (ASB) DC10-26A050, dated July 31, 2000, includes a 
``Note'' in Section 1. Planning Information of the ASB that specifies 
that the ``service bulletin is not applicable to MD-10 airplanes.'' We 
have verified with the manufacturer that the ASB does not affect Model 
MD-10 airplanes and have removed reference to Model MD-10-10F and MD-
10-30F airplanes in the applicability of this proposed AD.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an 
unsafe condition that is likely to exist or develop on other products 
of this same type design. This proposed AD would revise AD 2003-17-07. 
This proposed AD would retain the requirements of the existing AD. This 
proposed AD would remove certain airplanes from the applicability of 
the AD.

Change to Existing AD

    This proposed AD would retain all requirements of AD 2003-17-07. 
Since AD 2003-17-07 was issued, the AD format has been revised, and 
certain paragraphs have been rearranged. As a result, the corresponding 
paragraph identifiers have changed in this proposed AD, as listed in 
the following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                          Corresponding  requirement in
     Requirement in AD 2003-17-07               this proposed AD
------------------------------------------------------------------------
Paragraph (a).........................  Paragraph (f).
Paragraph (b).........................  Paragraph (g).
Paragraph (c).........................  Paragraph (h).
Paragraph (d).........................  Paragraph (i).
------------------------------------------------------------------------

Costs of Compliance

    There are about 3,311 airplanes of the affected design in the 
worldwide fleet. This proposed AD would affect about 1,520 airplanes of 
U.S. registry.
    The actions that are required by AD 2003-17-07 and retained in this 
proposed AD take between 4 work hours and 7 work hours per airplane, at 
an average labor rate of $65 per work hour. Based on these figures, the 
estimated cost of the currently required actions is estimated to be 
between $395,200, and

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$691,600, on U.S. operators, or between $260 and $455 per airplane.
    This proposed AD does not add any new actions to the existing 
actions required by AD 2002-17-07. Since the proposed AD would remove 
certain airplanes from the applicability of the AD, the total estimated 
cost of compliance of the AD for U.S. operators is actually reduced 
from the existing AD. However, the estimated cost of compliance per 
airplane would remain the same as the existing AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
subtitle VII, part A, subpart III, section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify that the 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. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD. See ADDRESSES section for a location to 
examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by removing amendment 39-13281 (68 FR 
50058, August 20, 2003) and adding the following new airworthiness 
directive (AD):

McDonnell Douglas: Docket No. FAA-2005-20881; Directorate Identifier 
2004-NM-253-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by May 26, 2005.

Affected ADs

    (b) This AD revises AD 2003-17-07, amendment 39-13281 (68 FR 
50058, August 20, 2003).

Applicability

    (c) 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-8-31,   Boeing Alert Service
 DC-8-32, DC-8-33, DC-8-41, DC-8-42, and     Bulletin DC8-26A042,
 DC-8-43 airplanes; DC-8-51, DC-8-52, DC-8-  including Appendix A, dated
 53, and DC-8-55 airplanes; DC-8F-54 and     January 31, 2002.
 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-9-14,   McDonnell Douglas Alert
 DC-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, dated
 9C), DC-9-32F, DC-9-33F, DC-9-34, DC-9-     May 8, 2001.
 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; DC- McDonnell Douglas Alert
 10-15 airplanes; DC-10-30 and DC-10-30F     Service DC10-26A050, dated
 (KC10A and KDC-10) airplanes; DC-10-40      July 31, 2000.
 and DC-10-40F 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.
------------------------------------------------------------------------

Unsafe Condition

    (d) This AD was prompted by 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. We are issuing this AD 
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.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

    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

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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.

Testing the Firex Electrical Circuits

    (f) Within 18 months after the accumulation of 15,000 total 
flight hours, or within 18 months after September 24, 2003 (the 
effective date of AD 2003-17-07, amendment 39-13281), 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

    (g) 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 (f) of this AD.

Alternative Methods of Compliance

    (h) 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

    (i) 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 April 1, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-7153 Filed 4-8-05; 8:45 am]
BILLING CODE 4910-13-P