[Federal Register: September 1, 2004 (Volume 69, Number 169)]
[Proposed Rules]               
[Page 53366-53367]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01se04-19]                         

========================================================================
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.

========================================================================



[[Page 53366]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-119-AD]
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, 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, DOT.

ACTION: Proposed rule; withdrawal.

-----------------------------------------------------------------------

SUMMARY: This action withdraws a notice of proposed rulemaking (NPRM) 
that proposed a new airworthiness directive (AD), applicable to certain 
McDonnell Douglas airplane models. That action would have superseded an 
existing AD to require that the repetitive inspections of the numbers 1 
and 2 electric motors of the auxiliary hydraulic pump for electrical 
resistance, continuity, mechanical rotation, and associated airplane 
wiring resistance/voltage; and corrective actions, if necessary; be 
performed at reduced intervals. Since the issuance of the NPRM, the 
Federal Aviation Administration (FAA) has determined that the proposed 
inspection requirements are identical to the inspection requirements of 
another existing AD. Accordingly, the proposed rule is withdrawn.

FOR FURTHER INFORMATION CONTACT: Ken Sujishi, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130L, 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 add 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, KDC-10), DC-10-40, 
and DC-10-40F airplanes; and Model MD-10-10F and MD-10-30F airplanes, 
was published in the Federal Register as a notice of proposed 
rulemaking (NPRM) on January 22, 2004 (69 FR 3036). The proposed rule 
would have superseded AD 2001-14-08, amendment 39-12319 (66 FR 36441, 
July 12, 2001), to require that the repetitive inspections of the 
numbers 1 and 2 electric motors of the auxiliary hydraulic pump for 
electrical resistance, continuity, mechanical rotation, and associated 
airplane wiring resistance/voltage; and corrective actions, if 
necessary; be performed at reduced intervals (i.e., from 6,000 flight 
hours to 2,500 flight hours). That action was prompted by a report from 
Boeing that the original compliance time was not adequate, because 
another incident of failure of an electric motor of the auxiliary 
hydraulic pump had occurred during the interval between repetitive 
inspections. The proposed actions were intended to prevent various 
failures of electric motors of the auxiliary hydraulic pump and 
associated wiring, which could result in fire at the auxiliary 
hydraulic pump and consequent damage to the adjacent electrical 
equipment and/or structure.

Actions That Occurred Since the NPRM Was Issued

    Since the issuance of that NPRM, we issued AD 2004-05-20, amendment 
39-13515 (69 FR 11504, March 11, 2004), 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, and DC-10-40F airplanes; Model MD-10-10F and 
MD-10-30F airplanes; and Model MD-11 and MD-11F airplanes. That AD 
requires modification of the installation wiring for the electric motor 
operated auxiliary hydraulic pumps in the right wheel well area of the 
main landing gear, and repetitive inspections (at intervals not to 
exceed 2,500 flight hours) of the numbers 1 and 2 electric motors of 
the auxiliary hydraulic pumps for electrical resistance, continuity, 
mechanical rotation, and associated airplane wiring resistance/voltage; 
and corrective actions if necessary. That action was prompted by 
several reports of failure of the auxiliary hydraulic pump systems. The 
requirements of that AD are intended to prevent failure of the electric 
motors of the hydraulic pump and associated wiring, which could result 
in fire at the auxiliary hydraulic pump and consequent damage to the 
adjacent electrical equipment and/or structure.
    The repetitive inspections required by AD 2004-05-20 are identical 
to those proposed in the NPRM. Accomplishment of the modification and 
repetitive inspections requirements of AD 2004-05-20 adequately 
addresses the identified unsafe condition.

FAA's Conclusions

    Upon further consideration, we have determined that the proposed 
inspection requirements of the NPRM are identical to the inspection 
requirements of AD 2004-05-20. Accordingly, the NPRM is hereby 
withdrawn.
    Withdrawal of this NPRM constitutes only such action, and does not 
preclude the agency from issuing another action in the future, nor does 
it commit the agency to any course of action in the future.

Other Relevant Rulemaking

    For the reasons discussed previously, we are also planning on 
rescinding AD 2001-14-08 in a separate rulemaking action.

Regulatory Impact

    Since this action only withdraws a notice of proposed rulemaking, 
it is neither a proposed nor a final rule and therefore is not covered 
under Executive Order 12866, the Regulatory Flexibility Act, or DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979).

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Withdrawal

    Accordingly, the notice of proposed rulemaking, Docket 2003-NM-119-
AD, published in the Federal Register on January 22, 2004 (69 FR 3036), 
is withdrawn.


[[Page 53367]]


    Issued in Renton, Washington, on August 20, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-19925 Filed 8-31-04; 8:45 am]

BILLING CODE 4910-13-P