[Federal Register Volume 60, Number 197 (Thursday, October 12, 1995)]
[Rules and Regulations]
[Pages 53112-53114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24903]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 95-NM-184-AD; Amendment 39-9389 AD 95-21-04]
Airworthiness Directives; McDonnell Douglas Model MD-11 Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This amendment supersedes an existing airworthiness directive
(AD), applicable to certain McDonnell Douglas Model MD-11 series
airplanes, that currently requires modification of the support
structure of the cargo liner. That AD was prompted by a report of
chafing and arcing in the vacuum waste exhaust heater that caused a
spark to ignite the surrounding insulation blankets. The actions
specified in that AD are intended to prevent fire and/or smoke due to
chafing and arcing of the vacuum waste exhaust port heater. This
amendment expands the applicability of the existing rule to include
additional affected airplanes. It also provides for an alternative
method of modification.
DATES: Effective October 27, 1995.
[[Page 53113]]
The incorporation by reference of McDonnell Douglas Alert Service
Bulletin MD11-38A044, Revision 1, dated June 30, 1995, as listed in the
regulations, is approved by the Director of the Federal Register as of
October 27, 1995.
The incorporation by reference of McDonnell Douglas Alert Service
Bulletin MD11-38A044, dated March 22, 1995, as listed in the
regulations, was approved previously by the Director of the Federal
Register as of May 2, 1995 (50 FR 19158, April 17, 1995).
Comments for inclusion in the Rules Docket must be received on or
before December 11, 1995.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 95-NM-184-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056.
The service information referenced in this AD may be obtained from
McDonnell Douglas Corporation, 3855 Lakewood Boulevard, Long Beach,
California 90846, Attention: Technical Publications Business
Administration, Dept. C1-L51 (2-60). 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, Transport Airplane Directorate, 3960 Paramount Boulevard,
Lakewood, California 90712-4137; or at the Office of the Federal
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Brett Portwood, Aerospace Engineer,
Systems and Equipment Branch, ANM-130L, FAA, Transport Airplane
Directorate, 3960 Paramount Boulevard, Lakewood, California 90712-4137;
telephone (310) 627-5347; fax (310) 627-5210.
SUPPLEMENTARY INFORMATION: On April 5, 1995, the FAA issued AD 95-08-
09, amendment 39-9198 (60 FR 19158, April 17, 1995), which is
applicable to certain McDonnell Douglas Model MD-11 series airplanes.
That AD requires modification of the support structure of the cargo
liner. The modification entails removing the baffle assemblies and
trimming the insulation blankets surrounding the vacuum waste exhaust
duct, which will reduce chafing and minimize the possibility of
igniting the insulation blanket. These modification procedures also
include making the circuit breaker inoperative to deactivate the
exhaust duct heater until a new heater can be installed.
That AD was prompted by a report of chafing and arcing in the
vacuum waste exhaust heater that caused a spark to ignite the
surrounding insulation blankets. The actions required by that AD are
intended to prevent fire and/or smoke due to chafing and arcing of the
vacuum waste exhaust port heater.
Since the issuance of that AD, the FAA has reviewed and approved
McDonnell Douglas Service Bulletin MD11-38A044, Revision 1, dated June
30, 1995. This revised service bulletin is essentially identical to the
original issue, which was cited in AD 95-08-09 as the appropriate
source of service information, but differs in two aspects:
1. The revised service bulletin includes three additional airplanes
in its effectivity listing. These airplanes have been identified as
being subject to the same unsafe condition that was addressed by AD 95-
08-09.
2. The revised service bulletin provides instructions for
conducting an alternative procedure in the modification process. This
alternative procedure deactivates the exhaust duct heater by removing
wires from the terminal strip, in lieu of making its circuit breaker
inoperative until a new heater is installed.
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of this same type design, this AD
supersedes AD 95-08-09 to continue to require modification of the
support structure of the cargo liner. The applicability of the AD is
expanded to include three additional airplanes that have been
determined to be subject to the unsafe condition addressed by the
existing rule. Additionally, this AD provides for the use of an
alternative procedure in the modification process, as specified in the
revised service bulletin described previously.
Although all of the airplanes identified in the effectivity listing
of the referenced alert service bulletins have had split heater cuffs
installed on the vacuum waste exhaust ducts, those identified as
``Group 1'' airplanes differ significantly from those identified as
``Group 2'' airplanes: Group 1 airplanes have had split heater cuffs
installed on the vacuum waste exhaust ducts, in accordance with
McDonnell Douglas Service Bulletin 38-15, dated October 23, 1992; that
service bulletin did not adequately specify the minimum distance
between the baffle assemblies the vacuum waste exhaust duct. Group 2
airplanes have had split heater cuffs installed during production using
production drawings that adequately specified the minimum distance
between the baffle assemblies and the vacuum waste exhaust duct.
Consequently, because of the configuration of this installation, the
FAA finds that the potential for chafing and arcing to occur on Group 1
airplanes is much greater. A review of service history indicates that
no incidents of chafing or arcing have occurred on Group 2 airplanes.
In light of this, the FAA has determined that airplanes identified in
the alert service bulletins as Group 2 airplanes are not subject to the
unsafe condition. Accordingly, Group 2 airplanes continue to be
excluded from the requirements of this (superseding) AD.
Since a situation exists that requires the immediate adoption of
this regulation, it is found that notice and opportunity for prior
public comment hereon are impracticable, and that good cause exists for
making this amendment effective in less than 30 days.
Comments Invited
Although this action is in the form of a final rule that involves
requirements affecting flight safety and, thus, was not preceded by
notice and an opportunity for public comment, comments are invited on
this rule. Interested persons are invited to comment on this 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 under the caption ADDRESSES. All
communications received on or before the closing date for comments will
be considered, and this rule may be amended in light of the comments
received. Factual information that supports the commenter's ideas and
suggestions is extremely helpful in evaluating the effectiveness of the
AD action and determining whether additional rulemaking action would be
needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the 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 that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 95-NM-184-AD.'' The
[[Page 53114]]
postcard will be date stamped and returned to the commenter.
The regulations adopted herein will not have substantial direct
effects 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, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to correct an unsafe
condition in aircraft, and that it is not a ``significant regulatory
action'' under Executive Order 12866. It has been determined further
that this action involves an emergency regulation under DOT Regulatory
Policies and Procedures (44 FR 11034, February 26, 1979). If it is
determined that this emergency regulation otherwise would be
significant under DOT Regulatory Policies and Procedures, a final
regulatory evaluation will be prepared and placed in the Rules Docket.
A copy of it, if filed, may be obtained from the Rules Docket at the
location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends 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 USC 106(g), 40101, 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by removing amendment 39-9198 (60 FR
19158, April 17, 1995), and by adding a new airworthiness directive
(AD), amendment 39-9389, to read as follows:
95-21-04 McDonnell Douglas: Amendment 39-9389. Docket 95-NM-184-AD.
Supersedes AD 95-08-09, Amendment 39-9198.
Applicability: Model MD-11 series airplanes; as listed in
McDonnell Douglas Alert Service Bulletin MD11-38A044, dated March
22, 1995, and Revision 1, dated June 30, 1995: and identified as
``Group 1 airplanes,'' on which split heater cuffs have been
installed on the waste exhaust ducts of heaters in accordance with
McDonnell Douglas MD-11 Service Bulletin 38-15, dated October 23,
1992; certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
otherwise 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 use the authority
provided in paragraph (d) of this AD to request approval from the
FAA. This approval may address either no action, if the current
configuration eliminates the unsafe condition; or different actions
necessary to address the unsafe condition described in this AD. Such
a request should include an assessment of the effect of the changed
configuration on the unsafe condition addressed by this AD. In no
case does the presence of any modification, alteration, or repair
remove any airplane from the applicability of this AD.
Compliance: Required as indicated, unless accomplished
previously.
To prevent a fire and/or smoke due to chafing and arcing of the
heater, accomplish the following:
(a) For airplanes listed in McDonnell Douglas Alert Service
Bulletin MD11-38A044, dated March 22, 1995: Within 30 days after May
2, 1995 (the effective date of AD 95-08-09, amendment 39-9198),
modify the support structure of the cargo liner, in accordance with
McDonnell Douglas MD-11 Alert Service Bulletin MD11-38A044, dated
March 22, 1995, or Revision 1, dated June 30, 1995.
(b) For airplanes listed in McDonnell Douglas Alert Service
Bulletin MD11-38A044, Revision 1, dated June 30, 1995, and not
subject to paragraph (a) of this AD: Within 30 days after the
effective date of this AD, modify the support structure of the cargo
liner, in accordance with McDonnell Douglas MD-11 Alert Service
Bulletin MD11-38A044, dated March 22, 1995, or Revision 1, dated
June 30, 1995.
(c) As of May 2, 1995, the support structure of the cargo liner
on any airplane must be modified in accordance with McDonnell
Douglas Alert Service Bulletin MD11-38A044, dated March 22, 1995, or
Revision 1, dated June 30, 1995, prior to installing a vacuum waste
exhaust port heater, P/N 62-5745, in accordance with McDonnell
Douglas MD-11 Service Bulletin 38-15, dated October 23, 1992.
(d) 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, Transport Airplane Directorate. 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.
Note 3: Alternative methods of compliance previously granted for
AD 95-08-09, amendment 39-9198, continue to be considered as
acceptable alternative methods of compliance with this amendment.
(e) Special flight permits may be issued in accordance with
Secs. 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.
(f) The modification shall be done in accordance with McDonnell
Douglas Alert Service Bulletin MD11-38A044, dated March 22, 1995; or
McDonnell Douglas Alert Service Bulletin MD11-38A044, Revision 1,
dated June 30, 1995. Incorporation by reference of the former
service bulletin was approved previously by the Director of the
Federal Register, in accordance with 5 U.S.C. 552(a) and 1 CFR part
51, as of May 2, 1995 (60 FR 19158, April 17, 1995). Incorporation
by reference of the latter service bulletin was approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51. Copies may be obtained from McDonnell Douglas
Corporation, P.O. Box 1771, Long Beach, California 90801-1771,
Attention: Business Unit Manager, Technical Administrative Support,
Dept. L51, M.C. 2-98. Copies may be inspected at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or
at FAA, Los Angeles Aircraft Certification Office, 3960 Paramount
Boulevard, Lakewood, California; or at the Office of the Federal
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
(g) This amendment becomes effective on October 27, 1995.
Issued in Renton, Washington, on October 2, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 95-24903 Filed 10-11-95; 8:45 am]
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