[Federal Register Volume 70, Number 142 (Tuesday, July 26, 2005)]
[Rules and Regulations]
[Pages 43022-43024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14392]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-359-AD; Amendment 39-14201; AD 2005-15-12]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-10-10, DC-
10-10F, DC-10-15, DC-10-30, DC-10-30F (KC-10A and KDC-10), DC-10-40, 
DC-10-40F, MD-10-10F, MD-10-30F, MD-11, and MD-11F Airplanes

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

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain McDonnell Douglas Model DC-10-10, DC-10-10F, DC-
10-15, DC-10-30, DC-10-30F (KC-10A and KDC-10), DC-10-40, DC-10-40F, 
MD-10-10F, MD-10-30F, MD-11, and MD-11F airplanes, that requires 
performing a functional test of the exterior emergency control handle 
assemblies of the forward passenger doors, and corrective actions, if 
necessary. This action is necessary to prevent failure of the forward 
passenger doors to operate properly in an emergency condition, which 
could delay an emergency evacuation and possibly result in injury to 
passengers and flightcrew. This action is intended to address the 
identified unsafe condition.

DATES: Effective August 30, 2005.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 30, 2005.

ADDRESSES: The service information referenced in this AD 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: Ken Sujishi, Aerospace Engineer, Cabin 
Safety/Mechanical and Environmental Systems Branch, ANM-150L, FAA, Los 
Angeles Aircraft Certification Office, 3960 Paramount Boulevard, 
Lakewood, California 90712-4137; telephone (562) 627-5353; 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 certain McDonnell Douglas Model 
DC-10-10, DC-10-10F, DC-10-15, DC-10-30, DC-10-30F (KC-10A and KDC-10), 
DC-10-40, DC-10-40F, MD-10-10F, MD-10-30F, MD-11, and MD-11F airplanes 
was published as a supplemental notice of proposed rulemaking (NPRM) in 
the Federal Register on April 22, 2005 (70 FR 20842). That action 
proposed to require performing a functional test of the exterior 
emergency control handle assemblies of the forward passenger doors, and 
corrective actions, if necessary.

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 Change Description of Functional Test Criteria

    One commenter requests that we revise certain criteria in the 
functional test description from ``noisy operation or binding'' to 
``binding.'' The commenter asserts that ``noisy operation'' is not 
quantifiable and should not be used to define acceptable parameters of 
door operation. The commenter states that ``binding'' is a quantifiable 
metric that is sufficient to determine satisfactory door operation.
    We do not agree with this request. Despite the commenter's 
assertion, ``noisy operation'' is a test parameter that is widely used 
to determine proper operation of mechanisms. If a mechanism is 
soundless or has a sound that is typical when operating in an 
acceptable manner, any such mechanism which produces an unusual sound 
when operated requires investigation to determine if it is in need of 
repair. In this case, the check for ``noisy operation'' within the 
functional test procedure is intended to reveal whether or not a door 
is approaching a binding condition and requires replacing the steel 
bearings with

[[Page 43023]]

bearings made from corrosion-resistant material as specified in the 
service information. We have not changed the final rule in this regard.

Explanation of Change to Table Designation

    The table in paragraph (c) of the proposed AD was erroneously 
identified as ``Table 2--Boeing Service Bulletins.'' In fact, there is 
only one table in the proposed AD; therefore, we have reidentified this 
table as ``Table 1--Boeing Service Bulletins'' in paragraph (c) of the 
final rule. This change has no effect on the technical content of this 
AD or on the determination of the cost to the public.

Explanation of Change to Service Information Citations

    The Boeing service information was not cited properly in paragraph 
(a) of the proposed AD; those citations were incomplete. Therefore, so 
operators can determine which service bulletin applies to which 
affected airplanes, we have included complete citations for Boeing 
Service Bulletin MD11-52-046, Revision 3, dated October 27, 2004; and 
Boeing Service Bulletin DC10-52-221, Revision 2, dated October 27, 
2004; in paragraph (a) of the 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 as proposed, except with the 
changes discussed above.

Cost Impact

    There are approximately 604 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 396 airplanes of U.S. registry 
will be affected by this AD, that it will take approximately 1 work 
hour per airplane 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 proposed AD on U.S. operators is estimated to be 
$25,740, or $65 per airplane, per operation.
    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.

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 Impact

    The regulations adopted herein will 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 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:

2005-15-12 McDonnell Douglas: Amendment 39-14201. Docket 2001-NM-
359-AD.

    Applicability: Model MD-11 and MD-11F airplanes; as identified 
in Boeing Service Bulletin MD11-52-046, Revision 3, dated October 
27, 2004; and Model DC-10-10, DC-10-10F, DC-10-15, DC-10-30, DC-10-
30F (KC-10A and KDC-10), DC-10-40, DC-10-40F, MD-10-10F, and MD-10-
30F airplanes; as identified in Boeing Service Bulletin DC10-52-221, 
Revision 2, dated October 27, 2004; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of the forward passenger doors to operate 
properly in an emergency condition, which could delay an emergency 
evacuation and possibly result in injury to passengers and 
flightcrew, accomplish the following:

Functional Test

    (a) Within 6,000 flight hours or 18 months after the effective 
date of this AD, whichever occurs later, perform a functional test 
of the exterior emergency control handle assemblies of the forward 
passenger doors, by doing all actions specified in Accomplishment 
Instructions of Boeing Service Bulletin MD11-52-046, Revision 3, 
dated October 27, 2004 (for Model MD-11 and MD-11F airplanes); or 
Boeing Service Bulletin DC10-52-221, Revision 2, dated October 27, 
2004 (for Model DC-10-10, DC-10-10F, DC-10-15, DC-10-30, DC-10-30F 
(KC-10A and KDC-10), DC-10-40, DC-10-40F, MD-10-10F, and MD-10-30F 
airplanes); as applicable.
    (1) If the functional test reveals no noisy operation or 
binding: At intervals not to exceed 6,000 flight hours or 18 months, 
whichever occurs later, repeat the functional test until the 
terminating action of paragraph (b) of this AD has been 
accomplished.
    (2) If any functional test required by this AD reveals noisy 
operation or binding: Prior to further flight, replace the steel 
bearings with bearings made from corrosion-resistant material, in 
accordance with the applicable service bulletin.

Optional Terminating Action

    (b) Accomplishment of the actions required by paragraph (a)(2) 
of this AD constitutes terminating action for the repetitive tests 
required by paragraph (a)(1) of this AD.

Actions Accomplished per Previous Issues of Service Bulletins

    (c) Actions accomplished before the effective date of this AD in 
accordance with the Boeing service bulletins listed in Table 1 of 
this AD are considered acceptable for

[[Page 43024]]

compliance with the requirements of paragraph (a) of this AD.

                                       Table 1.--Boeing service bulletins
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         Boeing service bulletin                      Revision                          Date of issue
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DC10-52-221.............................  Original........................  November 5, 2001.
DC10-52-221.............................  01..............................  May 6, 2002.
MD11-52-046.............................  Original........................  November 5, 2001.
MD11-52-046.............................  01..............................  May 6, 2002.
MD11-52-046.............................  02..............................  October 8, 2002.
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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.

Incorporation by Reference

    (e) Unless otherwise specified in this AD, the actions must be 
done in accordance with Boeing Service Bulletin DC10-52-221, 
Revision 2, dated October 27, 2004; or Boeing Service Bulletin MD11-
52-046, Revision 3, dated October 27, 2004, as applicable. 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. To get copies of this service information, contact Boeing 
Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, 
Long Beach, California 90846, Attention: Data and Service 
Management, Dept. C1-L5A (D800-0024). To inspect copies of this 
service information, go to the FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington; or to the FAA, Los 
Angeles Aircraft Certification Office, 3960 Paramount Boulevard, 
Lakewood, California; or to the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at the NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Effective Date

    (f) This amendment becomes effective on August 30, 2005.

    Issued in Renton, Washington, on July 14, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-14392 Filed 7-25-05; 8:45 am]
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