[Federal Register: October 3, 2005 (Volume 70, Number 190)]
[Rules and Regulations]
[Page 57491-57493]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03oc05-4]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-20881; Directorate Identifier 2004-NM-253-AD;
Amendment 39-14302; AD 2003-17-07 R1]
RIN 2120-AA64
Airworthiness Directives; Various Transport Category Airplanes
Manufactured by McDonnell Douglas
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is revising an existing airworthiness directive (AD)
that applies to various transport category airplanes manufactured by
McDonnell Douglas. We issued that AD to require a one-time test of the
fire extinguishers for the engine and auxiliary power unit (APU), as
applicable, to determine the capability of the Firex electrical
circuits to fire discharge cartridges, and troubleshooting actions if
necessary. This new AD removes certain transport category airplanes
from the applicability of the existing AD. This AD results from reports
indicating that fire extinguishers for the engine and auxiliary power
unit had failed to discharge when commanded. We are issuing this AD to
prevent failure of the fire extinguishers to fire discharge cartridges,
which could result in the inability to put out a fire in an engine or
in the APU.
DATES: The effective date of this AD is September 24, 2003.
On September 24, 2003 (68 FR 50058, August 20, 2003), the Director
of the Federal Register approved the incorporation by reference of
certain service bulletins listed in the AD.
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 proposed to amend part 39 of the Federal Aviation
Regulations (14 CFR part 39) with an airworthiness directive (AD) to
revise AD 2003-17-07, amendment 39-13281 (68 FR 50058, August 20,
2003). The existing AD applies to various transport category airplanes
manufactured by McDonnell Douglas. The proposed AD was published in the
Federal Register on April 11, 2005 (70 FR 18324) to require a one-time
test of the fire extinguishers for the engine and auxiliary power unit
(APU), as applicable, to determine the capability of the Firex
electrical circuits to fire discharge cartridges, and troubleshooting
actions if necessary. That action also proposed to remove Model MD-10-
10F and MD-10-30F airplanes from 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 received.
No Objections to the NPRM
One commenter states that it has no objection to the NPRM.
Request To Give Credit for Previous Alternative Methods of Compliance
(AMOCs)
This same commenter notes that it has received an AMOC with AD
2003-17-07. We infer that the commenter is requesting that credit be
given for compliance with the AD in accordance with the AMOC.
We acknowledge that the AMOC the commenter received provides
compliance with AD 2003-17-07. However, it is unnecessary to amend this
revised AD to reflect credit for previous accomplishment of the one-
time test of the fire extinguishers for the engine and auxiliary power
unit (APU), as applicable. This revised AD merely reduces the
applicability of the AD, and all of the previous requirements,
conditions, and provisions remain in effect.
Request To Revise Note 1
One commenter requests that we revise a typographical error in Note
1 of the proposed AD, which referred to paragraph (c) as the AMOC
paragraph. We agree with the commenter, and have revised Note 1 to
refer to paragraph (h) of the AD for AMOCs.
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 change described previously.
We have determined that this change will neither increase the economic
burden on any operator nor increase the scope of the AD.
Costs of Compliance
There are about 3,311 airplanes of the affected design in the
worldwide fleet. This AD will affect about 1,520 airplanes of U.S.
registry.
The actions that are required by AD 2003-17-07 and retained in this
AD take between 4 work hours and 7 work hours per airplane, at an
average labor rate of $65 per work hour. Based on these figures, the
estimated cost of the currently required actions is estimated to be
between $395,200, and $691,600, on U.S. operators, or between $260 and
$455 per airplane.
This AD does not add any new actions to the existing actions
required by AD 2003-17-07. Since this AD will remove certain airplanes
from the applicability of the AD, the total estimated cost of
compliance of the AD for U.S. operators is actually reduced
[[Page 57492]]
from the existing AD. However, the estimated cost of compliance per
airplane remains the same.
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 39-13281 (68 FR 50058, August 20, 2003) and adding
the following new airworthiness directive (AD):
2003-17-07 R1: Amendment 39-14302. Docket No. FAA-2005-20881;
Directorate Identifier 2004-NM-253-AD.
Effective Date
(a) The effective date of this AD is September 24, 2003.
Affected ADs
(b) This AD revises AD 2003-17-07 to remove reference to
McDonnell Douglas Model MD-10-10F and MD-10-30F airplanes.
Applicability
(c) This AD applies to the airplanes listed in Table 1 of this
AD, certificated in any category. Table 1 of this AD follows:
Table 1.--Applicability
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McDonnell Douglas models As listed in
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Model DC-8-11, DC-8-12, DC-8-21, DC-8- Boeing Alert Service Bulletin
31, DC-8-32, DC-8-33, DC-8-41, DC-8- DC8-26A042, including Appendix
42, and DC-8-43 airplanes; DC-8-51, DC- A, dated January 31, 2002.
8-52, DC-8-53, and DC-8-55 airplanes;
DC-8F-54 and DC-8F-55 airplanes; DC-8-
61, DC-8-62, and DC-8-63 airplanes; DC-
8-61F, DC-8-62F, and DC-8-63F
airplanes; DC-8-71, DC-8-72 and DC-8-
73 airplanes; DC-8-71F, DC-8-72F, and
DC-8-73F airplanes.
Model DC-9-11, DC-9-12, DC-9-13, DC-9- McDonnell Douglas Alert Service
14, DC-9-15, and DC-9-15F airplanes; Bulletin DC9-26A029, Revision
DC-9-21 airplanes; DC-9-31, DC-9-32, 01, dated May 8, 2001.
DC-9-32 (VC-9C), DC-9-32F, DC-9-33F,
DC-9-34, DC-9-34F, and DC-9-32F (C-9A,
C-9B) airplanes; DC-9-41 airplanes; DC-
9-51 airplanes; DC-9-81 (MD-81), DC-9-
82 (MD-82), DC-9-83 (MD-83), and DC-9-
87 (MD-87) airplanes; and MD-88
airplanes.
Model DC-10-10 and DC-10-10F airplanes; McDonnell Douglas Alert Service
DC-10-15 airplanes; DC-10-30 and DC-10- DC10-26A050, dated July 31,
30F (KC-10A and KDC-10) airplanes; DC- 2000.
10-40 and DC-10-40F airplanes;.
Model MD-11 and MD-11F airplanes....... McDonnell Douglas Alert Service
Bulletin MD11-26A039, Revision
01, dated November 21, 2002.
Model MD-90-30 airplanes............... McDonnell Douglas Alert Service
Bulletin MD90-26A005, dated
July 31, 2000.
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Unsafe Condition
(d) This AD results from reports indicating that fire
extinguishers for the engine and the auxiliary power unit (APU) had
failed to discharge when commanded on a McDonnell Douglas Model DC-
9-81 airplane and a Model DC-9-33F airplane. We are issuing this AD
to prevent failure of the fire extinguishers to fire discharge
cartridges, which could result in the inability to put out a fire in
an engine or in the APU.
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.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (h) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
[[Page 57493]]
Testing the Firex Electrical Circuits
(f) Within 18 months after the accumulation of 15,000 total
flight hours, or within 18 months after September 24, 2003 (the
effective date of AD 2003-17-07), whichever occurs later: Test the
capability of the electrical circuits of the Firex fire
extinguishers for the engine and the APU, as applicable, per the
applicable alert service bulletin (ASB) listed in Table 1 of this
AD.
(1) For any airplane equipped with an APU: If any electrical
circuit of the Firex fire extinguishers for the APU does not pass
the testing, before further flight, accomplish the troubleshooting
procedures specified in the applicable ASB. Dispatch with an
inoperative APU is permitted for the amount of time specified in the
Minimum Equipment List. Dispatch after that time is not permitted
until the circuits are repaired per the Boeing Standard Wiring
Practices Manual (SWPM) D6-82481.
(2) For all airplanes: If any electrical circuit of the Firex
fire extinguishers for the engine does not pass the testing, before
further flight, accomplish the troubleshooting procedures specified
in the applicable ASB, and repair per SWPM D6-82481. Dispatch is not
permitted until the circuits have been repaired.
Actions Accomplished Per Previous Issue of Service Bulletins
(g) Tests and troubleshooting procedures accomplished before the
effective date of this AD per McDonnell Douglas Alert Service
Bulletin DC9-26A029, dated July 27, 2000; or MD11-26A039, dated July
31, 2000; are considered acceptable for compliance with the
corresponding action specified in paragraph (f) of this AD.
Alternative Methods of Compliance
(h) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Los Angeles Aircraft Certification
Office (ACO), FAA. Operators shall submit their requests through an
appropriate FAA Principal Maintenance Inspector, who may add
comments and then send it to the Manager, Los Angeles ACO.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Los Angeles ACO.
Special Flight Permits
(i) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
Material Incorporated by Reference
(j) You must use the service bulletins listed in Table 2 of this
AD to perform the actions that are required by this AD, unless the
AD specifies otherwise.
Table 2.--Applicable Service Bulletins
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Service bulletin Revision level Date
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Boeing Alert Service Bulletin DC8- Original......................... January 31, 2002.
26A042, including Appendix A.
McDonnell Douglas Alert Service Revision 01...................... May 8, 2001.
Bulletin DC9-26A029.
McDonnell Douglas Alert Service Original......................... July 31, 2000.
Bulletin DC10-26A050.
McDonnell Douglas Alert Service Revision 01...................... November 21, 2002.
Bulletin MD11-26A039.
McDonnell Douglas Alert Service Original......................... July 31, 2000.
Bulletin MD90-26A005.
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(1) On September 24, 2003 (68 FR 50058, August 20, 2003), the
Director of the Federal Register approved the incorporation by
reference of Boeing and McDonnell Douglas service bulletins listed
in Table 2.
(2) 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 September 20, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-19438 Filed 9-30-05; 8:45 am]
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