[Federal Register Volume 60, Number 73 (Monday, April 17, 1995)]
[Rules and Regulations]
[Pages 19158-19160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8826]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 95-NM-44-AD; Amendment 39-9198; AD 95-08-09]
Airworthiness Directives; McDonnell Douglas Model MD-11 Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD) that
is applicable to certain McDonnell Douglas Model MD-11 series
airplanes. This action requires modification of the support structure
of the cargo liner. This amendment is 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
this AD are intended to prevent fire and/or smoke due to chafing and
arcing of the vacuum waste exhaust port heater.
DATES: Effective May 2, 1995.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of May 2, 1995.
Comments for inclusion in the Rules Docket must be received on or
before June 16, 1995.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 95-NM-44-AD, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056.
The service information referenced in this AD 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. This [[Page 19159]] information may be
examined 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.
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: Recently, an operator of McDonnell Douglas
Model MD-11 series airplanes reported that chafing and arcing in the
vacuum waste exhaust heater caused a spark to ignite the surrounding
insulation blankets. Investigation revealed that the cutout in the
baffle for the vacuum waste exhaust duct rubbed against the heater
tape, which caused the heater tape to chafe. (Split heater cuffs were
installed on the vacuum waste exhaust ducts of these airplanes in
accordance with McDonnell Douglas Service Bulletin 38-15, dated October
23, 1992.) This condition, if not corrected, could result in undetected
fire and/or smoke due to chafing and arcing of the vacuum waste exhaust
port heater.
The FAA has reviewed and approved McDonnell Douglas Alert Service
Bulletin MD11-38A044, dated March 22, 1995, which describes procedures
for modification of the support structure of the cargo liner. This
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.
The alert service bulletin includes two groups of airplanes in its
effectivity listing: Airplanes identified as ``Group 1'' are equipped
with split heater cuffs that were installed, after delivery, on the
vacuum waste exhaust ducts of the heaters of these airplanes in
accordance with McDonnell Douglas Service Bulletin 38-15, dated October
23, 1992. Airplanes identified as ``Group 2'' are those on which the
manufacturer accomplished a similar modification prior to delivery.
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design, this AD is
being issued to prevent fire and/or smoke due to chafing and arcing of
the heater. This AD requires modification of the support structure of
the cargo liner of airplanes identified in the alert service bulletin
as Group 1 airplanes. The actions are required to be accomplished in
accordance with the alert service bulletin described previously.
Although all of the airplanes identified in the effectivity listing
of the referenced alert service bulletin 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 and 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. Further, a review of service history indicates that no
incidents of chafing and arcing have occurred on Group 2 airplanes.
In light of this, the FAA has determined that airplanes identified
in the alert service bulletin as Group 2 airplanes are not subject to
the unsafe condition. Accordingly, Group 2 airplanes have been excluded
from the requirements of this AD.
As a result of recent communications with the Air Transport
Association (ATA) of America, the FAA has learned that, in general,
some operators may misunderstand the legal effect of AD's on airplanes
that are identified in the applicability provision of the AD, but that
have been altered or repaired in the area addressed by the AD. The FAA
points out that all airplanes identified in the applicability provision
of an AD are legally subject to the AD. If an airplane has been altered
or repaired in the affected area in such a way as to affect compliance
with the AD, the owner or operator is required to obtain FAA approval
for an alternative method of compliance with the AD, in accordance with
the paragraph of each AD that provides for such approvals. A note has
been included in this rule to clarify this long-standing requirement.
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-44-AD.'' The 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
[[Page 19160]] 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 U.S.C. App. 1354(a), 1421 and 1423; 49 U.S.C.
106(g); and 14 CFR 11.89.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
95-08-09 McDonnell Douglas: Amendment 39-9198. Docket 95-NM-44-AD.
Applicability: Model MD-11 series airplanes, as listed in
McDonnell Douglas Alert Service Bulletin MD11-38A044, dated March
22, 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
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 (c) 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) 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.
(b) As of the effective date of this AD, 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, 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.
(c) 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.
(d) 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.
(e) The modification shall be done in accordance with McDonnell
Douglas Alert Service Bulletin MD11-38A044, dated March 22, 1995.
This incorporation by reference 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.
(f) This amendment becomes effective on May 2, 1995.
Issued in Renton, Washington, on April 5, 1995.
S.R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 95-8826 Filed 4-14-95; 8:45 am]
BILLING CODE 4910-13-U
