[Federal Register: April 22, 2005 (Volume 70, Number 77)]
[Proposed Rules]
[Page 20842-20844]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ap05-14]
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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 20842]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2001-NM-359-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 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, 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 DC-10-10,
DC-10-10F, DC-10-15, DC-10-30, 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, that
would have required repetitive operation of the exterior emergency door
handle of the forward passenger door to determine if binding exists in
the exterior emergency control handle mechanism, and corrective action,
if necessary. This new action revises the proposed rule by requiring
revised procedures for the operational test. The actions specified by
this new proposed AD are intended to prevent failure of the forward
passenger doors to operate properly in an emergency condition, which
could delay an emergency evacuation and possibly result in injury to
passengers and flightcrew. This action is intended to address the
identified unsafe condition.
DATES: Comments must be received by May 17, 2005.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2001-NM-359-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. 2001-NM-359-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 or 2000 or
ASCII text.
The service information referenced in the proposed rule may be
obtained from Boeing Commercial Aircraft Group, 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.
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:
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 2001-NM-359-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. 2001-NM-359-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 DC-10-10, DC-10-10F, DC-10-15, DC-10-
30, 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, was published as a notice of
proposed rulemaking (NPRM) in the Federal Register on November 12, 2003
(68 FR 64006). That NPRM would have required repetitive operation of
the exterior emergency door handle of the forward passenger door to
determine if binding exists in the exterior emergency control handle
mechanism, and corrective action if necessary. That NPRM was prompted
by a report indicating that the exterior emergency function of one
forward passenger door was inoperative. That condition, if not
corrected, could result in failure of the forward passenger doors to
operate properly in an emergency condition, which could delay an
emergency
[[Page 20843]]
evacuation and possibly result in injury to passengers and flightcrew.
Actions Since Issuance of Previous Proposal
Since the issuance of that NPRM, the manufacturer has updated the
service information to specify revised procedures for the operational
test of the exterior emergency door handle mechanism of the forward
passenger door.
We have reviewed and approved Boeing Service Bulletin MD11-52-046,
Revision 03, dated October 27, 2004 (for Model MD-11 and MD-11F
airplanes); and Boeing Service Bulletin DC10-52-221, Revision 02, dated
October 27, 2004 (for Model DC-10-10, DC-10-10F, DC-10-15, DC-10-30,
DC-10-30F (KC-10A and KDC-10), DC-10-40, DC-10-40F, MD-10-10F, and MD-
10-30F airplanes). Both service bulletins describe procedures for
repetitive functional testing of the exterior emergency door handle of
the forward passenger door to determine if binding exists in the
exterior emergency control handle mechanism, and corrective actions if
necessary. Corrective actions consist of replacing existing steel
bearings with new, corrosion resistant bearings. Accomplishing the
actions specified in the service information is intended to adequately
address the unsafe condition, except as discussed under ``Differences
Between Proposed Rule and Service Bulletins.''
Other Related Rulemaking
Operators should note that a notice of proposed rulemaking (NPRM),
docket identifier 2004-NM-241-AD, 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, DC-10-40F, MD-10-10F, MD-10-30F, MD-11 and
MD-11F airplanes, was published in the Federal Register on April 7,
2005 (70 FR 17618). That NPRM proposed to require repetitive operation
of the exterior emergency door handle of the mid, overwing, and aft
passenger doors to determine if binding exists in the exterior
emergency control handle mechanism, and corrective actions if
necessary. That NPRM is related to this proposed AD.
Differences Between Proposed Rule and Service Bulletins
Operators should note that, although the service bulletins include
a procedure to replace the lower torque shaft bearings, this proposed
AD does not mandate such replacement. Replacement of the lower torque
shaft bearings does not address the identified unsafe condition of this
AD.
We have changed the manufacturer name on the service bulletins
cited in this proposed AD from McDonnell Douglas to Boeing to reflect
current guidelines established by the Office of the Federal Register
for material incorporated by reference.
Comments
We provided the public the opportunity to participate in the
development of this AD. Several comments were submitted; however, the
subjects of those comments have all been addressed by the revised
service information. Therefore, those comments are not addressed in
this proposed AD.
Conclusion
Since this change revises and clarifies the actions of the
originally proposed rule, the FAA has determined that it is necessary
to reopen the comment period to provide additional opportunity for
public comment.
Cost Impact
There are approximately 604 airplanes of the affected design in the
worldwide fleet. The FAA estimates that 396 airplanes of U.S. registry
would be affected by this proposed AD, that it would take approximately
1 work hour per airplane to accomplish the proposed repetitive
operation of the exterior emergency door handle of the forward
passenger door, and that the average labor rate is $65 per work hour.
Based on these figures, the cost impact of the proposed AD on U.S.
operators is estimated to be $25,740, or $65 per airplane, per
operation.
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 2001-NM-359-AD.
Applicability: Model MD-11 and MD-11F airplanes; as identified
in Boeing Service Bulletin MD11-52-046, Revision 03, dated October
27, 2004; and Model DC-10-10, DC-10-10F, DC-10-15, DC-10-30, DC-10-
30F (KC-10A and KDC-10), DC-10-40, DC-10-40F, MD-10-10F, and MD-10-
30F airplanes; as identified in Boeing Service Bulletin DC10-52-221,
Revision 02, dated October 27, 2004; certificated in any category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent failure of the forward passenger doors to operate
properly in an emergency condition, which could delay an emergency
evacuation and possibly result in injury to passengers and
flightcrew, accomplish the following:
Functional Test
(a) Within 6,000 flight hours or 18 months after the effective
date of this AD, whichever occurs later, perform a functional test
of the exterior emergency control handle assemblies
[[Page 20844]]
of the forward passenger doors, by doing all actions specified in
Accomplishment Instructions of the applicable service bulletin.
(1) If the functional test reveals no noisy operation or
binding: At intervals not to exceed 6,000 flight hours or 18 months,
whichever occurs later, repeat the functional test until the
terminating action of paragraph (b) of this AD has been
accomplished.
(2) If any functional test required by this AD reveals noisy
operation or binding: Prior to further flight, replace the steel
bearings with bearings made from corrosion-resistant material, in
accordance with the applicable service bulletin.
Optional Terminating Action
(b) Accomplishment of the actions required by paragraph (a)(2)
of this AD constitutes terminating action for the repetitive tests
required by paragraph (a)(1) of this AD.
Actions Accomplished Per Previous Issue of Service Bulletin
(c) Actions accomplished before the effective date of this AD in
accordance with the Boeing service bulletins listed in Table 2 of
this AD are considered acceptable for compliance with the
requirements of paragraph (a) of this AD.
Table 2.--Boeing Service Bulletins
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Boeing service bulletin Revision Date of issue
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DC10-52-221..................... Original....... Nov. 5, 2001.
DC10-52-221..................... 1.............. May 6, 2002.
MD11-52-046..................... Original....... Nov. 5, 2001.
MD11-52-046..................... 1.............. May 6, 2002.
MD11-52-046..................... 2.............. Oct. 8, 2002.
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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 April 13, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-8094 Filed 4-21-05; 8:45 am]
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