[Federal Register Volume 71, Number 33 (Friday, February 17, 2006)]
[Rules and Regulations]
[Pages 8446-8448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1408]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22031; Directorate Identifier 2004-NM-259-AD; 
Amendment 39-14485; AD 2006-04-04]
RIN 2120-AA64


Airworthiness Directives; Meggitt Model 602 Smoke Detectors 
Approved Under Technical Standard Order (TSO) TSO-C1C and Installed on 
Various Transport Category Airplanes, Including but Not Limited to 
Aerospatiale Model ATR42 and ATR72 Airplanes; Boeing Model 727 and 737 
Airplanes; McDonnell Douglas Model DC-10-10, DC-10-10F, DC-10-15, DC-
10-30 and 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 (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain smoke detectors installed on various transport category 
airplanes. This AD requires replacing the affected smoke detectors with 
modified smoke detectors. This AD results from a report indicating that 
the affected smoke detectors can ``lock up'' during electrical power 
transfer from the auxiliary power unit to the engines. We are issuing 
this AD to identify and provide corrective action for a potentially 
inoperative smoke detector and to ensure that the flightcrew is alerted 
in the event of a fire.

DATES: This AD becomes effective March 24, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of March 24, 
2006.

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.
    For service information identified in this AD, contact Meggitt 
Safety Systems Inc., 1915 Voyager Avenue, Simi Valley, California 
93063.

FOR FURTHER INFORMATION CONTACT: Ken Sujishi, Aerospace Engineer, Cabin 
Safety, Mechanical, and Environmental 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:

Examining the Docket

    You may examine the airworthiness directive (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 smoke 
detectors installed on various transport category airplanes. That NPRM 
was published in the Federal Register on August 8, 2005 (70 FR 45585). 
That NPRM proposed to require replacing the affected smoke detectors 
with modified smoke detectors.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments on the proposed 
AD.

Request To Revise Applicability and Compliance Time

    The commenter, on behalf of an airline, requests that we revise the 
applicability of the proposed AD to specify McDonnell Douglas Model 
717-200 airplanes. He notes that Meggitt Model 602 smoke detectors are 
installed on these airplanes as part of the type design. He recognizes 
that, in this case, the applicability is not limited to the airplane 
models listed in Table 1 of the proposed AD. But he feels that 
airplanes known to be equipped with the affected smoke detectors should 
be specifically identified in the applicability.
    He notes that Meggitt Service Information Letter (SIL) 8930-26-01 
(cited in the proposed AD) specifies that replacing the smoke detectors 
on Model 717-200 airplanes could take up to 18 months. He requests that 
we either extend the compliance time accordingly or obtain Meggitt's 
written confirmation that all operators can meet the proposed 6-month 
compliance time.

FAA Response

    Since affected Model 602 smoke detectors are installed in Model 
717-200 airplanes and the AD applies to smoke detectors installed on 
transport category airplanes ``including but not limited to'' the 
airplane models listed in Table 1, this AD applies to Model 717-200 
airplanes. But the smoke detector lock-up condition depends on certain 
design characteristics of the airplane's electrical system. Testing has 
demonstrated that the Model 717-200 electrical power transfer 
characteristics do not cause the smoke detector to lock up. So there is 
no immediate concern for the safety of flight of Model 717-200 
airplanes due to the identified unsafe condition.
    Despite this finding, however, we require that all affected smoke 
detectors be replaced because these interchangeable parts may later be 
installed on airplanes with the demonstrated unsafe condition. Meggitt 
has confirmed that a six-month compliance time is feasible, since a 
significant number of affected smoke detectors have already been 
modified. But under the provisions of paragraph (i) of this final rule, 
operators may request an adjustment of the compliance time if they 
provide data proving that the new compliance time would ensure an 
acceptable level of safety.
    We have not changed the final rule regarding these issues.

Revised Service Information

    Meggit has revised SIL 8930-26-01 according to the following 
schedule.

                          SIL Revision History
------------------------------------------------------------------------
               Version                               Date
------------------------------------------------------------------------
Original issue......................  November 8, 2004.
Revision A..........................  November 8, 2004.
Revision B..........................  January 19, 2005.
Revision C..........................  May 25, 2005.
------------------------------------------------------------------------

    The SIL was revised to, among other things, correct an incorrect 
smoke detector part number; the remaining information in the SIL is 
essentially the same. We have revised paragraph (f) in this final rule 
to refer to specific revisions of the SIL.

Clarification of Alternative Method of Compliance (AMOC) Paragraph

    We have revised this action to clarify the appropriate procedure 
for notifying the principal inspector before using any

[[Page 8447]]

approved AMOC on any airplane to which the AMOC applies.

Conclusion

    We have carefully reviewed the available data, including the 
comments 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 neither increase the 
economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    It takes about 1 work hour per airplane, at an average hourly labor 
rate of $65, to replace a smoke detector installed on the airplane. 
Replacement parts will be provided at no cost to the operators. We have 
been advised that about 4,637 smoke detectors have already been 
replaced. We estimate that affected smoke detectors are installed on 
318 U.S.-registered airplanes. There may be as many as 28 affected 
smoke detectors on an airplane. This AD could cost as much as $1,820 
per airplane.

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 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):

2006-04-04 Transport Category Airplanes: Amendment 39-14485. Docket 
No. FAA-2005-22031; Directorate Identifier 2004-NM-259-AD.

Effective Date

    (a) This AD becomes effective March 24, 2006.

Affected ADs

    (b) Accomplishment of certain actions required by this AD 
terminates certain requirements of AD 2005-02-04, amendment 39-
13949.

Applicability

    (c) This AD applies to Meggitt Model 602 smoke detectors 
approved under Technical Standard Order (TSO) TSO-C1C and having any 
P/N 8930-( ) identified as a ``Current Part Number'' in Meggitt 
Service Information Letter 8930-26-01, Revision C, dated May 25, 
2005, as installed on various transport category airplanes, 
certificated in any category, including but not limited to the 
airplane models listed in Table 1 of this AD.

                  Table 1.--Certain Affected Airplanes
------------------------------------------------------------------------
              Manufacturer                            Model
------------------------------------------------------------------------
Aerospatiale...........................  ATR42-200, -300, -320, and -500
                                          airplanes.
                                         ATR72-101, -201, -102, -202, -
                                          211, -212, and -212A
                                          airplanes.
Boeing.................................  727, 727C, 727-100, 727-100C,
                                          727-200, and 727-200F series
                                          airplanes.
                                         737-100, -200, -200C, -300, -
                                          400, -500, -600, -700, -700C,
                                          800 and -900 series airplanes.
McDonnell Douglas......................  DC-10-10 and DC-10-10F; DC-10-
                                          15; DC-10-30 and DC-10-30F (KC-
                                          10A and KDC-10); and DC-10-40
                                          and DC-10-40F airplanes.
                                         MD-10-10F and MD-10-30F
                                          airplanes.
                                         MD-11 and MD-11F airplanes.
------------------------------------------------------------------------

Unsafe Condition

    (d) This AD is prompted by a report indicating that the affected 
smoke detectors can ``lock up'' during electrical power transfer 
from the auxiliary power unit (APU) to the engines. We are issuing 
this AD to identify and provide corrective action for a potentially 
inoperative smoke detector and to ensure that the flightcrew is 
alerted in the event of a fire.

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.

Smoke Detector Identification/Replacement

    (f) Within 6 months after the effective date of this AD, replace 
the affected smoke detector with a modified smoke detector, in 
accordance with Meggitt Service Information Letter 8930-26-01, 
Revision C, dated May 25, 2005. Replacement of a smoke detector 
before the effective date of this AD is

[[Page 8448]]

also acceptable if done in accordance with the original issue of 
Meggitt Service Information Letter 8930-26-01, dated November 8, 
2004; Revision A, dated November 8, 2004; or Revision B, dated 
January 19, 2005.

Effect on AD 2005-02-04

    (g) For airplanes subject to the requirements of AD 2005-02-04: 
After all affected smoke detectors have been replaced with modified 
smoke detectors in accordance with paragraph (f) of this AD, the 
operational limitation required by paragraph (h) of AD 2005-02-04 is 
terminated and may be removed from the airplane flight manual.

Parts Installation

    (h) On or after the effective date of this AD, no person may 
install on any airplane a Meggitt Model 602 smoke detector having 
any P/N 8930-( ) identified as a ``Current Part Number'' in Meggitt 
Service Information Letter 8930-26-01, Revision C, dated May 25, 
2005.

Alternative Methods of Compliance (AMOCs)

    (i)(1) 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.
    (2) Before using any AMOC approved in accordance with 14 CFR 
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Material Incorporated by Reference

    (j) You must use Meggitt Service Information Letter 8930-26-01, 
Revision C, dated May 25, 2005, 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 
this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Contact Meggitt Safety Systems Inc., 1915 Voyager Avenue, Simi 
Valley, California 93063, for a copy 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 February 1, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-1408 Filed 2-16-06; 8:45 am]
BILLING CODE 4910-13-P