[Federal Register Volume 70, Number 161 (Monday, August 22, 2005)]
[Rules and Regulations]
[Pages 48848-48850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16268]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20662; Directorate Identifier 2004-NM-191-AD; 
Amendment 39-14225; AD 2005-17-04]
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, and MD-10-30F Airplanes; and Model MD-11 and MD-
11F Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain McDonnell Douglas airplanes. This AD requires a general visual 
inspection for damage to the Firex discharge pipes and wye assembly of 
the fire extinguishing system of the number 2 engine; and corrective 
and other specified actions, as applicable. This AD results from 
reports of freezing damage to the Firex discharge pipes and wye 
assembly of the number 2 engine, and one report of a level 1 ENG FIRE 
AGENT LO alert during flight. We are issuing this AD to prevent 
accumulation of water in the discharge pipes and possible consequent 
freezing damage to the discharge pipes and wye assembly, which could 
lead to failure of the fire extinguishing system during a fire in the 
number 2 engine.

DATES: Effective September 26, 2005.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of September 26, 
2005.

ADDRESSES: You may examine the 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., Nassif Building, 
Room PL-401, Washington, DC.
    Contact Boeing Commercial Airplanes, Long Beach Division, 3855 
Lakewood Boulevard, Long Beach, California 90846, Attention: Data and 
Service Management, Dept. C1-L5A (D800-0024), for service information 
identified in this 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:

Examining the Docket

    You may 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 street address stated in the 
ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to certain McDonnell 
Douglas airplanes. That NPRM was published in the Federal Register on 
March 22, 2005 (70 FR 14432). That NPRM proposed to require a general 
visual inspection for damage to the Firex discharge pipes and wye 
assembly of the fire extinguishing system of the number 2 engine; and 
corrective and other specified actions, as applicable.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments that have been 
received on the NPRM.

Explanation of New Relevant Service Information

    Since we issued the NPRM, Boeing has released Boeing Alert Service 
Bulletin DC10-26A065, Revision 1, dated May 20, 2005; and Boeing Alert 
Service Bulletin MD11-26A060, Revision 1, dated May 10, 2005. We have 
reviewed the procedures in the revised service bulletins and determined 
that they are essentially the

[[Page 48849]]

same as those in the original issues of the service bulletins, with no 
additional work required. The revised service bulletins show an 
increase in the cost for required parts. However, we have determined 
that this increase will not have a significant impact on the cost to 
operators. Therefore, we have revised paragraphs (c) and (f) in the 
final rule to specify the revised service bulletins as the primary 
sources of service information; and revised the ``Costs of Compliance'' 
section in the final rule to reflect the increased parts cost. We have 
also inserted new paragraph (g) in the final rule to give credit for 
modifications already accomplished using the original issues of the 
service bulletins and re-identified paragraph (g) of the NPRM as 
paragraph (h) in the final rule.

Support for the Proposed AD

    One commenter supports the intent of the subject NPRM and the 
proposed actions of the AD.

Request for Extended Compliance Time

    One commenter agrees with the intent of the NPRM but requests that 
we revise the compliance time from 12 months to 18 months. The 
commenter states that a compliance time of 12 months will force 
operators to perform required modifications during line maintenance 
between heavy maintenance check intervals. The commenter states that 
performing the modifications during heavy maintenance checks in a 
hangar environment, instead of during line operations, would reduce the 
chances of modification errors. The commenter states that it has not 
had any reports of problems with delivery of the Firex agent when the 
engine fire extinguishing system was activated and asserts that an 
additional six months added to the compliance time would have no 
significant impact on safety.
    We agree with this request. We have re-evaluated all available 
reports and have determined that increasing the compliance time by six 
months will not have any significant impact on safety. Therefore, we 
have revised the compliance time to 18 months in the final rule.

Explanation of Editorial Change

    We discovered a math error in the ``Costs of Compliance'' section 
of the NPRM. The total number of U.S.-registered airplanes in the 
``Inspection Costs'' table is shown as 343; it should have been 453. 
Though changing the number of airplanes from 343 to 453 appears to 
increase costs for operators, we have determined that no additional 
burden is imposed on operators because 453 is the number of airplanes 
actually identified by the service information as referenced in the 
applicability of this AD. We have revised the ``Inspection Costs'' 
table in the final rule to reflect this correction.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been received, and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously. We have determined that these changes will not 
significantly increase the economic burden on any operator and will not 
increase the scope of the AD.

Costs of Compliance

    There are about 530 airplanes of the affected design in the 
worldwide fleet. The following tables provide the estimated costs for 
U.S. operators to comply with this AD. The required actions will be 
performed at an estimated average labor rate of $65 per work hour.

                                       Inspection Costs for All Airplanes
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                                                                                Number of U.S.-
                   Action                        Work hours        Cost per        registered       Fleet cost
                                                                   airplane        airplanes
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Inspection..................................               1              $65              453          $29,445
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                             Replacement Costs for Model MD-11 and MD-11F Airplanes
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                                                                                Number of U.S.-
             Action               Work hours     Parts cost        Cost per        registered       Fleet cost
                                                                   airplane        airplanes
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Replace discharge pipe.........           2           $7,386           $7,516              195       $1,465,620
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Replacement Costs 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
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                                                                                  Number of U.S.-
    Group              Action         Work hours    Parts cost       Cost per       registered      Fleet cost
                                                                     airplane        airplanes
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1............  Replace discharge               2          $7,386          $7,516             231      $1,763,196
                pipe.
2............  Replace discharge               2           9,010           9,140              16         146,240
                pipe.
3............  Replace discharge               2           7,386           7,516              11          82,676
                pipe.
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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

[[Page 48850]]

products identified in this rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    (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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2005-17-04 McDonnell Douglas: Amendment 39-14225. Docket No. FAA-
2005-20662; Directorate Identifier 2004-NM-191-AD.

Effective Date

    (a) This AD becomes effective September 26, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to 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, and MD-10-30F airplanes as identified in 
Boeing Alert Service Bulletin DC10-26A065, Revision 1, dated May 20, 
2005; and Model MD-11 and MD-11F airplanes as identified in Boeing 
Alert Service Bulletin MD11-26A060, Revision 1, dated May 10, 2005; 
certificated in any category.

Unsafe Condition

    (d) This AD was prompted by reports of freezing damage to the 
Firex discharge pipes and wye assembly of the number 2 engine, and 
one report of a level 1 ENG FIRE AGENT LO alert during flight. We 
are issuing this AD to prevent accumulation of water in the 
discharge pipes and possible consequent freezing damage to the 
discharge pipes and wye assembly, which could lead to failure of the 
fire extinguishing system during a fire in the number 2 engine.

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.

Inspection and Corrective and Other Specified Actions

    (f) Within 18 months after the effective date of this AD, 
perform a general visual inspection for damage to the Firex 
discharge pipes and wye assembly of the fire extinguishing system of 
the number 2 engine, and corrective and other specified actions; by 
doing all the actions specified in the Accomplishment Instructions 
of Boeing Alert Service Bulletin MD11-26A060, Revision 1, dated May 
10, 2005 (for Model M-D11 and MD-11F airplanes); or Boeing Alert 
Service Bulletin DC10-26A065, Revision 1, dated May 20, 2005 (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. Do the corrective and other specified actions, as 
applicable, prior to further flight.

    Note 1: For the purposes of this AD, a general visual inspection 
is: ``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 
ensure visual access to all 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.''

Actions Accomplished Previously

    (g) Actions accomplished before the effective date of this AD in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin MD11-26A060, dated July 20, 2004; or Boeing Alert 
Service Bulletin DC10-26A065, dated August 19, 2004; as applicable; 
are acceptable for compliance with the corresponding actions 
required by this AD.

Alternative Methods of Compliance (AMOCs)

    (h) The Manager, Los Angeles Aircraft Certification Office, FAA, 
has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.

Material Incorporated by Reference

    (i) You must use Boeing Alert Service Bulletin DC10-26A065, 
Revision 1, dated May 20, 2005; or Boeing Alert Service Bulletin 
MD11-26A060, Revision 1, dated May 10, 2005; as applicable; to 
perform the actions that are required by this AD, unless the AD 
specifies otherwise. The Director of the Federal Register approved 
the incorporation by reference of these documents in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. Contact Boeing Commercial 
Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, 
California 90846, Attention: Data and Service Management, Dept. C1-
L5A (D800-0024), for copies of this service information. You may 
review copies at the Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., Room PL-401, Nassif 
Building, Washington, DC; on the Internet at http://dms.dot.gov; or 
at 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.

    Issued in Renton, Washington, on August 10, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-16268 Filed 8-19-05; 8:45 am]
BILLING CODE 4910-13-P