[Federal Register: July 13, 2004 (Volume 69, Number 133)]
[Proposed Rules]
[Page 41985-41987]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jy04-23]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 41985]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2000-NM-32-AD]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model MD-11 and -11F
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Supplemental notice of proposed rulemaking; reopening of
comment period.
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SUMMARY: This document revises an earlier proposed airworthiness
directive (AD), applicable to certain McDonnell Douglas Model MD-11 and
-11F airplanes, that would have required resistance tests of the brake
coils of the auto throttle servo (ATS) and of the elevator load feel
(ELF)/flap limiter (FL) duplex actuator for low electrical resistance;
and corrective actions, if necessary. This new action revises the
proposed rule by removing the resistance tests, adding certain
airplanes to the applicability, and adding an inspection of the ATS
assembly and corrective actions if necessary. The actions specified by
this new proposed AD are necessary to prevent electrical shorting of
the brake coils of the ATS, which could result in smoke in the cockpit
and/or passenger cabin. This action is intended to address the
identified unsafe condition.
DATES: Comments must be received by August 9, 2004.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2000-NM-32-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. Comments may be submitted via fax to (425) 227-1232.
Comments may also be sent via the Internet using the following address:
9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must
contain ``Docket No. 2000-NM-32-AD'' in the subject line and need not
be submitted in triplicate. Comments sent via the Internet as attached
electronic files must be formatted in Microsoft Word 97 for Windows or
ASCII text.
The service information referenced in the proposed rule 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: Brett Portwood, Aerospace Engineer,
Systems and Equipment Branch, ANM-130L, FAA, Los Angeles Aircraft
Certification Office, 3960 Paramount Boulevard, Lakewood, California
90712-4137; telephone (562) 627-5350; fax (562) 627-5210.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications shall identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this action may be changed in
light of the comments received.
Submit comments using the following format:
Organize comments issue-by-issue. For example, discuss a
request to change the compliance time and a request to change the
service bulletin reference as two separate issues.
For each issue, state what specific change to the proposed
AD is being requested.
Include justification (e.g., reasons or data) for each
request.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this action must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2000-NM-32-AD.'' The postcard will be date stamped and
returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 2000-NM-32-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
A proposal to amend part 39 of the Federal Aviation Regulations (14
CFR part 39) to add an airworthiness directive (AD), applicable to
certain McDonnell Douglas Model MD-11 and -11F airplanes, was published
as notice of proposed rulemaking (NPRM) in the Federal Register on July
27, 2000 (65 FR 46210) (hereafter referred to as the ``original
NPRM''). The original NPRM would have required resistance tests of the
brake coils of the auto throttle servo (ATS) and of the elevator load
feel (ELF)/flap limiter (FL) duplex actuator for low electrical
resistance; and corrective actions, if necessary. The original NPRM was
prompted by an incident in which the ATS shorted electrically and
caused smoke in the cockpit. Electrical shorting of the brake coils of
the ATS or ELF/FL duplex actuator, if not corrected, could result in
smoke in the cockpit and/or passenger cabin.
Actions Since the Issuance of Original NPRM
Since the issuance of the original NPRM, we have reviewed and
approved Boeing Service Bulletin MD11-22-026, dated December 19, 2003.
The service bulletin supersedes and cancels the
[[Page 41986]]
recommendations of Boeing Service Bulletins MD11-22-024 and MD11-22-025
(original and Revision 01). The service bulletin describes procedures
for performing an inspection to determine the P/N of the ATS assembly
of the servo assembly of the TCM, and corrective action(s) if
necessary. The corrective actions include reidentifying the TCM
assembly; and replacing the existing ATS assembly of the TCM assembly
with a new ATS assembly or returning the TCM assembly in the center of
the pedestal in the flight compartment to Boeing for modification and
reidentification. Accomplishment of the actions specified in the Boeing
Service Bulletin MD11-22-026 is intended to adequately address the
identified unsafe condition. Therefore, we have revised the
supplemental NPRM to reference Boeing Service Bulletin MD11-22-026 as
the appropriate source of service information.
Comments
Due consideration has been given to the comments received in
response to the original NPRM.
Request To Change Dash Number of Affected Spare Parts
Two commenters request that the FAA require Boeing and Honeywell to
change the dash numbers on all parts affected by the original NPRM. To
do this, one commenter suggests that the manufacturers' revise the
following service information:
1. Boeing Service Bulletin MD11-22-024, dated March 29, 2000 (which
is referenced in the original NPRM as the appropriate source of service
information for accomplishing the proposed actions);
2. Honeywell Service Bulletins 4059004-22-0003 and 4059005-27-0004
(Boeing Service Bulletin MD11-22-024 references these Honeywell service
bulletins as an additional source of service information for
accomplishing the proposed resistance tests);
3. Boeing Component Maintenance Manuals (CMM) 76-10-05; and
4. Honeywell CMMs 22-31-60 and 27-32-07.
Several commenters note that paragraph (b) of the original NPRM
states, ``As of the effective date of this AD, no person shall install
the following parts on any airplane: (1) Thrust control module assembly
having part number ABH7760-1, ABH7760-501, or ABH7760-503; (2) Flap
limiter duplex actuator having part number 4059004-901; or (3) Elevator
load feel duplex actuator having part number 4059005-901.'' Two of the
commenters state that none of the service information listed above
recommend re-identification of thrust control module (TCM) assembly
having part number ABH7760-1, ABH7760-501, or ABH7760-503, but do
recommend re-identification with a modication letter ``K'' after the
resistance tests of ATSs having part number (P/N) 4059004-901--a
subassembly of the TCM, and ELF/FL duplex actuators having P/N 4059005-
901. Another commenter made a similar statement. One of the commenters
specifically points out that P/N 4059004-901 in paragraph (b)(2) of the
original NPRM actually belongs to the ATS, which is the subassembly of
the TCM, and that P/N 4059005-901 in paragraph (b)(3) of the original
NPRM applies to both the ELF and FL installations.
One of the commenters notes that re-identification per a
modification letter does not constitute a part number change, and that
parts are not purchased, stocked, tracked, or identified in an airplane
illustrated parts catalog using modification letters. Therefore, the
commenter concludes that a modification letter change will do very
little to help prevent pre-modification parts from being installed on
an airplane.
In addition, one commenter requests that provisions be added to
Boeing Service Bulletin MD11-22-024 to allow operators to perform the
resistance check on all affected spares without special routings to
shop for complete disassembly and date code checks. The commenter
states that spares should be reidentified with the new dash number and
returned to stock provided they pass all resistance checks.
The FAA does not agree with the commenters' request to require
Boeing and Honeywell to update the respective CMMs. Because CMMs are
not FAA-approved and the procedures specified in CMMs vary from
operator to operator, there are no assurances that each operator's CMM
contains the identical actions proposed by this supplemental NPRM.
These changes should be negotiated between the affected operators and
Boeing.
However, we agree with the commenter's statement that the Boeing
and Honeywell service bulletins listed above need to be revised, but
for different reasons. Since the issuance of the original NPRM, we have
determined that the ELF/FL duplex actuators are not subject to the
identified unsafe condition of this AD. These actuators are installed
outside of the cockpit and passenger cabin such that the possibility of
smoke in the cockpit or cabin is minimized. Also, we have determined
that all ATSs that have not been upgraded to P/N 4059005-903 are
subject to electrical shorting, and that the proposed resistance tests
in the original NPRM are not adequate to detect all defective ATSs.
Therefore, all ATSs must be inspected to determine if they have been
upgraded to P/N 4059005-903 per Boeing Service Bulletin MD11-22-026
(described previously).
Explanation of Change to Applicability
We have determined that some confusion may arise from the
applicability of the original NPRM, because McDonnell Douglas Model MD-
11F series airplanes were not specifically identified. However, those
airplanes were identified by manufacturer's fuselage numbers in Boeing
Service Bulletin MD11-22-024, dated March 29, 2000 (which was
referenced in the applicability statement of the original NPRM for
determining the specific affected airplanes). Therefore, we have
revised the applicability of the supplemental NPRM to include Model MD-
11F airplanes, in addition to Model MD-11 series airplanes, and to
reference Boeing Service Bulletin MD11-22-026 as the appropriate source
of service information for determining the specific affected airplanes.
Conclusion
Since these changes expand the scope of the original NPRM, we have
determined that it is necessary to reopen the comment period to provide
additional opportunity for public comment.
Changes to 14 CFR Part 39/Effect on the Proposed AD
On July 10, 2002, the FAA issued a new version of 14 CFR part 39
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness
directives system. The regulation now includes material that relates to
altered products, special flight permits, and alternative methods of
compliance (AMOCs). These changes are reflected in this supplemental
NPRM.
Changes to Labor Rate
We have reviewed the figures we have used over the past several
years to calculate AD costs to operators. To account for various
inflationary costs in the airline industry, we find it necessary to
increase the labor rate used in these calculations from $60 per work
hour to $65 per work hour. The cost impact information, below, reflects
this increase in the specified hourly labor rate.
[[Page 41987]]
Cost Impact
There are approximately 195 McDonnell Douglas Model MD-11 and ``11F
airplanes of the affected design in the worldwide fleet. The FAA
estimates that 62 airplanes of U.S. registry would be affected by this
proposed AD, that it would take approximately 1 work hours per airplane
to accomplish the proposed inspection, and that the average labor rate
is $65 per work hour. Based on these figures, the cost impact of the
inspection proposed by this AD on U.S. operators is estimated to be
$4,030, or $65 per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the proposed 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.
Regulatory Impact
The regulations proposed herein 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. Therefore, it
is determined that this proposal would not have federalism implications
under Executive Order 13132.
For the reasons discussed above, I certify that this 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) if promulgated, 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 copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new
airworthiness directive:
McDonnell Douglas: Docket 2000-NM-32-AD.
Applicability: Model MD-11 and -11F airplanes, as listed in
Boeing Service Bulletin MD11-22-026, dated December 19, 2003;
certificated in any category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent electrical shorting of the brake coils of the auto
throttle servo (ATS), which could result in smoke in the cockpit
and/or passenger cabin, accomplish the following:
Inspect ATS
(a) Within 36 months after the effective date of this AD, do an
inspection to determine the part number (P/N) of the ATS assembly of
the servo assembly of the TCM, per the Accomplishment Instructions
of Boeing Service Bulletin MD11-22-026, dated December 19, 2003.
Corrective Actions
(b) Before further flight after doing the inspection required by
paragraph (a) of this AD, do the applicable corrective action(s)
specified in ``Table-Corrective Actions,'' per Boeing Service
Bulletin MD11-22-026, dated December 19, 2003.
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If-- Then--
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(1) P/N 4059004-903 is installed....... Reidentify the TCM assembly.
(2) P/N 4059004-903 is not installed... Replace the existing ATS
assembly of the TCM assembly
with a new ATS assembly, and
reidentify the TCM assembly;
or return TCM assembly to
Boeing for modification and
reidentification.
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Parts Installation
(c) As of the effective date of this AD, no person shall install
a thrust control module assembly having part number ABH7760-1,
ABH7760-501, ABH7760-503, SR11761001-3, SR11761001-5, SR11761001-7,
SR11270022-3, SR11761001-9, SR11270022-5, or SR11761001-11, on any
airplane.
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.
Issued in Renton, Washington, on June 30, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-15760 Filed 7-12-04; 8:45 am]
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