[Federal Register Volume 71, Number 120 (Thursday, June 22, 2006)]
[Rules and Regulations]
[Pages 35785-35788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5550]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22557; Directorate Identifier 2005-NM-147-AD; 
Amendment 39-14660; AD 2006-13-07]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas 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 superseding an existing airworthiness directive 
(AD) that applies to certain McDonnell Douglas Model MD-11 and MD-11F 
airplanes. That AD currently requires replacement of the upper and 
lower reading lights in the forward crew rest area with a redesigned 
light fixture. This new AD adds airplanes to the applicability of the 
existing AD. This AD results from a report of the old reading lights 
being inadvertently sent to an additional ten airplanes. We are issuing 
this AD to prevent a possible flammable condition, which could result 
in smoke and fire in the forward crew rest area.

DATES: This AD becomes effective July 27, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of July 27, 
2006.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in the AD as of August 
23, 2000 (65 FR 44672, July 19, 2000).

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: 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:

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 supersedes AD 2000-14-12, amendment 
39-11822 (65 FR 44672, July 19, 2000). The existing AD applies to 
certain McDonnell Douglas MD-11 series airplanes. That NPRM was 
published in the Federal Register on September 30, 2005 (70 FR 57219). 
That NPRM proposed to continue to require replacement of the upper and 
lower reading lights in the forward crew rest area with a redesigned 
light fixture.

[[Page 35786]]

That NPRM also proposed to add airplanes to the applicability of the 
existing AD.

Comments

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

Request for Clarification of Parts Installation Paragraph

    The Modification and Replacement Parts Association (MARPA) asks 
whether the prohibition in the Parts Installation paragraph is against 
the combination of reading lamp and light fixture, or are both parts 
being prohibited independent of each other.
    From this comment, we infer that MARPA would like us to clarify the 
Parts Installation paragraph regarding the prohibition of the subject 
reading lamp and light fixture. We agree that clarification is 
necessary. It is the combination of the lamp and light fixture that is 
prohibited. The design of the subject lamp and light fixture could 
allow articles, such as a blanket, to become embedded in the fixture 
assembly, which could result in a possible fire. The new design has a 
much smaller lamp and the fixture assembly has ventilation holes. The 
lamp, part number (P/N) 2232, is used in other areas of the airplane 
without causing any safety issues. We have revised paragraph (h) of 
this AD to clarify the intent of that paragraph.

Request to Reference Parts Manufacturer Approval (PMA) Parts

    MARPA also asks what lamp is to be used in place of lamp P/N 2232 
and requests that the language in the NPRM be changed to permit 
installation of PMA equivalent parts. MARPA states that the mandated 
installation of a certain P/N in the NPRM ``would appear to not meet 
the requirements of 14 CFR Section 21.303.'' To avoid these conflicting 
requirements, MARPA suggests appending the phrase ``or other FAA-
approved equivalent part'' to any mandated part installation.
    We infer that MARPA would like the AD to permit installation of any 
equivalent PMA parts so that it is not necessary for an operator to 
request approval of an alternative method of compliance (AMOC) in order 
to install an ``equivalent'' PMA part. Whether an alternative part is 
``equivalent'' in adequately resolving the unsafe condition can only be 
determined on a case-by-case basis based on a complete understanding of 
the unsafe condition. Our policy is that, in order for operators to 
replace a part with one that is not specified in the AD, they must 
request an AMOC. This is necessary so that we can make a specific 
determination that an alternative part is or is not susceptible to the 
same unsafe condition. Therefore, we also do not agree to add the 
qualifying statement ``or other FAA approved part.''
    The AD provides a means of compliance for operators to ensure that 
the identified unsafe condition is addressed appropriately. For an 
unsafe condition attributable to a part, the AD normally identifies the 
replacement parts necessary to obtain that compliance. As stated in 
section 39.7 of the Federal Aviation Regulations (14 CFR 39.7), 
``Anyone who operates a product that does not meet the requirements of 
an applicable airworthiness directive is in violation of this 
section.'' Unless an operator obtains approval for an AMOC, replacing a 
part with one not specified by the AD would make the operator subject 
to an enforcement action and result in a civil penalty. We acknowledge 
that there may be other ways of addressing this issue. Once we have 
thoroughly examined all aspects of this issue, including input from 
industry, and have made a final determination, we will consider whether 
our policy regarding PMA parts in ADs needs to be revised. However, we 
consider that to delay this AD action would be inappropriate, since we 
have determined that an unsafe condition exists and that replacement of 
certain parts must be accomplished to ensure continued safety. 
Therefore, no change to the AD is necessary in this regard.
    In response to the MARPA's statement regarding a deviation from FAR 
21.303, under which the FAA issues PMAs, this statement appears to 
reflect a misunderstanding of the relationship between ADs and the 
certification procedural regulations of part 21 of the Federal Aviation 
Regulations (14 CFR part 21). Those regulations, including Sec.  21.303 
of the Federal Aviation Regulations (14 CFR 21.203), are intended to 
ensure that aeronautical products comply with the applicable 
airworthiness standards. But ADs are issued when, notwithstanding those 
procedures, we become aware of unsafe conditions in these products or 
parts. Therefore, an AD takes precedence over design approvals when we 
identify an unsafe condition, and mandating installation of a certain 
P/N in an AD is not at variance with Sec.  21.303.

Request To Address Defective PMA Parts

    MARPA also requests that the NPRM be revised to cover possible 
defective PMA alternative parts, rather than just a single P/N, so that 
those defective PMA parts also are subject to the proposed AD. MARPA 
notes that there are known PMA parts with different P/Ns for a reading 
lamp with P/N 2232, and requests that the NPRM account for any PMA 
parts that might contain the same deficiencies as the OEM part and be 
installed in its place.
    We agree with MARPA's general request that, if we know that an 
unsafe condition also exists in PMA parts, the AD should address those 
parts, as well as the original parts. The commenter's remarks are 
timely in that the Transport Airplane Directorate currently is in the 
process of reviewing this issue as it applies to transport category 
airplanes. We acknowledge that there may be other ways of addressing 
this issue to ensure that unsafe PMA parts are identified and 
addressed. Once we have thoroughly examined all aspects of this issue, 
including input from industry, and have made a final determination, we 
will consider whether our policy regarding addressing PMA parts in ADs 
needs to be revised. We consider that to delay this AD action would be 
inappropriate, since we have determined that an unsafe condition exists 
and that replacement of certain parts must be accomplished to ensure 
continued safety. No change to the AD is necessary in this regard.

Request To Consider Broader Aspects of an Identified Problem

    MARPA admonishes the FAA for ``simply echoing the requirements of 
manufacturer service documents and believes that it is the ``obligation 
of AD writers to look more deeply.'' MARPA concludes that simply 
adopting the manufacturers' service bulletins could result in a 
commercial advantage to one manufacturer over another, even though both 
manufacturers produce approved parts.
    Although MARPA's remarks above do not specifically request a change 
to this AD, we would like to clarify that we do use service bulletins 
as starting points for our research into the development of an AD, when 
they are available, because of the original equipment manufacturer 
(OEM's) expertise and broad knowledge of the product. Often, service 
information may not even be available that addresses a particular 
identified unsafe condition. In all cases, we may also consult with 
other aeronautical experts, specialists, and vendors, and

[[Page 35787]]

we may research databases, reports, testing results, etc., to ensure 
that the unsafe condition is addressed in an appropriate and timely 
manner. No change has been made to the AD as a result of MARPA's 
remarks in the previous paragraph.

Explanation of Change to Service Bulletin Citation

    We have revised the citation of Alert Service Bulletin MD11-25A233, 
Revision 1, dated May 10, 2005, throughout the AD to reflect the 
current manufacturer name, Boeing, instead of McDonnell Douglas. This 
change reflects the information published in the most recent type 
certificate data sheet for the affected models.

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 neither increase 
the economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    There are about 81 airplanes of the affected design in the 
worldwide fleet. The existing AD affects about 14 airplanes of U.S. 
registry. This AD affects an additional 10 airplanes of U.S. registry.
    The actions that are required by AD 2000-14-12 and retained in this 
AD take about 1 work hour per airplane, at an average labor rate of $65 
per work hour. Required parts cost about $933 per airplane. Based on 
these figures, the estimated cost of the currently required actions is 
$998 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 
removing amendment 39-11822 (65 FR 44672, July 19, 2000) and by adding 
the following new airworthiness directive (AD):

2006-13-07 McDonnell Douglas: Amendment 39-14660. Docket No. FAA-
2005-22557; Directorate Identifier 2005-NM-147-AD.

Effective Date

    (a) This AD becomes effective July 27, 2006.

Affected ADs

    (b) This AD supersedes AD 2000-14-12.

Applicability

    (c) This AD applies to McDonnell Douglas Model MD-11 and MD-11F 
airplanes, certificated in any category, as identified Boeing Alert 
Service Bulletin MD11-25A233, Revision 1, dated May 10, 2005.

Unsafe Condition

    (d) This AD results from reports of burning and smoldering 
blankets in the forward crew rest area due to a reading light 
fixture that came into contact with the blankets after the light was 
inadvertently left on. We are issuing this AD to prevent a possible 
flammable condition, which could result in smoke and fire in the 
forward crew rest area.

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.

Restatement of the Requirements of AD 2000-14-12

Replacement

    (f) For airplanes identified in McDonnell Douglas Alert Service 
Bulletin MD11-25A233, dated June 9, 1999: Within 6 months after 
August 23, 2000 (the effective date of AD 2000-14-12), replace the 
upper and lower reading lights in the forward crew rest area with a 
redesigned light fixture, in accordance with McDonnell Douglas Alert 
Service Bulletin MD11-25A233, dated June 9, 1999; or Boeing Alert 
Service Bulletin MD11-25A233, Revision 1, dated May 10, 2005. After 
the effective date of this AD, do the replacement in accordance with 
Boeing Alert Service Bulletin MD11-25A233, Revision 1, dated May 10, 
2005.

    Note 1: McDonnell Douglas Alert Service Bulletin MD11-25A233 
refers to AIM Aviation Service Incorporated Service Bulletin AIM-
MD11-25-2, Revision C, dated March 8, 1999; and Revision D, dated 
March 16, 2005; as additional sources of service information for 
replacing the upper and lower reading lights in the forward crew 
rest area.

New Requirements of This AD

Replacement

    (g) For all airplanes except those identified in paragraph (f) 
of this AD: Within 6 months after the effective date of this AD, do 
the replacement specified in paragraph (f) of this AD.

Parts Installation

    (h) As of the effective date of this AD, no person may install, 
on any airplane, a reading lamp, part number (P/N) 2232, in 
combination with light fixture, P/N 0200500-001.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, Los Angeles Aircraft Certification Office 
(ACO), 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

[[Page 35788]]

the appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.
    (3) AMOCs approved previously in accordance with AD 2000-14-12, 
amendment 39-11822, are approved as AMOCs for the corresponding 
provisions of this AD.

Material Incorporated by Reference

    (j) You must use McDonnell Douglas Alert Service Bulletin MD11-
25A233, dated June 9, 1999; or Boeing Alert Service Bulletin MD11-
25A233, Revision 1, dated May 10, 2005, as applicable, to perform 
the actions that are required by this AD, unless the AD specifies 
otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of Boeing Alert Service Bulletin MD11-
25A233, Revision 1, dated May 10, 2005, in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51.
    (2) On August 23, 2000 (65 FR 44672, July 19, 2000), the 
Director of the Federal Register approved the incorporation by 
reference of McDonnell Douglas Alert Service Bulletin MD11-25A233, 
dated June 9, 1999.
    (3) 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 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 June 14, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-5550 Filed 6-21-06; 8:45 am]
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