[Federal Register Volume 62, Number 67 (Tuesday, April 8, 1997)]
[Rules and Regulations]
[Pages 16664-16667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8424]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 95-NM-234-AD; Amendment 39-9986; AD 97-07-12]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model MD-11 and DC-10
Series Airplanes, and KC-10A (Military) Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment supersedes an existing airworthiness directive
(AD) that is applicable to certain McDonnell Douglas Model MD-11 and
DC-10 series airplanes, and KC-10A (military) airplanes. That AD
currently requires functional testing to verify proper installation of
the electrical connectors to the engine generator and fire bell shutoff
switches, and correction of the installation, if necessary. This
amendment requires installation of a modification that terminates the
requirement to perform repetitive functional tests. This amendment is
prompted by the development of a modification that minimizes the
possibility of improperly connecting (crossing) the electrical
connectors to the fire extinguishing handles. The actions specified by
this amendment are intended to prevent the wrong engine-driven
generator from being shut down unnecessarily in the event of an engine
fire warning.
DATES: Effective May 13, 1997.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of May 13, 1997.
ADDRESSES: 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, Department C1-L51 (2-60). This information may
be examined at the Federal Aviation Administration (FAA), Transport
Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton,
Washington; or at the FAA, Transport Airplane Directorate, 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.
[[Page 16665]]
FOR FURTHER INFORMATION CONTACT: Raymond Vakili, Aerospace Engineer,
Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard, Lakewood, California 90712; telephone
(310) 627-5262; fax (310) 627-5210.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) by superseding AD 93-25-09 R1,
amendment 39-9070 (59 FR 56383, November 14, 1994), which is applicable
to certain McDonnell Douglas Model MD-11 and DC-10 series airplanes,
and KC-10A (military) airplanes, was published in the Federal Register
as a supplemental notice of proposed rulemaking (NPRM) on November 12,
1996 (61 FR 58012). The existing AD currently requires functional
testing to verify proper installation of the electrical connectors to
the engine generator and fire bell shutoff switches, and correction of
the installation, if necessary. The supplemental NPRM proposed to
require the installation of a modification that would terminate the
requirement to perform repetitive functional tests.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Support for the Proposal
Several commenters support the proposed AD.
Request to Extend Compliance Time
One commenter requests that the compliance time for installation of
the modification be extended from the proposed 24 months to 36 months.
This commenter, a U.S. operator of affected airplanes, requests this
extension so that the modification can be installed during one of this
operator's regularly scheduled maintenance intervals. Adoption of the
proposed compliance time of 24 months would require this operator to
schedule special times for the accomplishment of the modification, at
additional expense and downtime.
The FAA does not concur with the commenter's request to extend the
compliance time. The operator provided no technical justification for
revising this interval as requested. Further, in developing an
appropriate compliance time for this action, the FAA considered the
safety implications, parts availability, and normal maintenance
schedules for timely accomplishment of the modification. In
consideration of these items, the FAA has determined that 24 months
represents an appropriate interval of time allowable in which the
modifications can be accomplished during scheduled maintenance
intervals for the majority of affected operators, and an acceptable
level of safety can be maintained. However, paragraph (f) of the final
rule does provide affected operators the opportunity to apply for an
adjustment of the compliance time if sufficient data are presented to
justify such an adjustment.
Request to Delete System Functional Test Prior to Modification
One commenter objects to the need to verify the extinguishing
system's integrity by accomplishing engine run checks immediately prior
to the installation of the terminating modification. This check
procedure is specified in the referenced McDonnell Douglas Service
Bulletin DC10-26-047 (both the original issue and Revision 1) as the
first step to be performed on unmodified airplanes prior to installing
the tethers on the engine generator and fire bell shutoff switches.
This commenter maintains that the integrity of the system has already
been established if the operator has been accomplishing the repetitive
checks after any system maintenance, as is currently required by AD 93-
25-09 R1. The commenter considers that the need to reconfirm the
system's integrity is not justified.
The FAA concurs. The FAA has determined that as long as a
functional test has been accomplished in accordance with AD 93-25-09
R1, or in accordance with paragraph (a), (b), or (c) of this final
rule, there is no need to perform the additional test of the system
just prior to installing the modification. A new paragraph (e) has been
added to this final rule to indicate this.
Request to Rely on Maintenance Actions to Correct Unsafe Condition
One commenter has no technical objection to the proposal, but
suggests that current maintenance practices are sufficient to identify
a discrepant connection. The commenter points out that maintenance
tasks are now in place in the revised maintenance manual that will
enable a cross connection condition to be readily identified.
The FAA does not concur. Service experience has demonstrated that
maintenance alone cannot be relied upon to correct what has been
determined to be a design deficiency. Reliance on maintenance to
correct for a design deficiency increases the risk of introducing
maintenance error and defeats the purpose of what it was meant to
serve. Moreover, the installation of the modification required by this
AD (at a one-time per-airplane cost of only $180 to $210 per airplane)
will eliminate the need to rely on numerous long term and costly
maintenance tasks.
Conclusion
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule with the change previously
described. The FAA has determined that this change will neither
increase the economic burden on any operator nor increase the scope of
the AD.
Cost Impact
There are approximately 100 Model MD-11 airplanes, and 426 Model
DC-10 series and KC-10A (military) airplanes, of the affected design in
the worldwide fleet. The FAA estimates that 30 Model MD-11 airplanes,
and 239 Model DC-10 series and KC-10A (military) airplanes of U.S.
registry will be affected by this proposed AD.
For U.S.-registered Model MD-11 airplanes: The checks that are
currently required by AD 93-25-09 R1 (and retained by this new AD
action) take approximately 0.5 work hour per airplane to accomplish, at
an average labor rate of $60 per work hour. Based on these figures, the
cost impact of the actions currently required on U.S. operators of
Model MD-11 airplanes is estimated to be $900, or $30 per airplane, per
check.
The terminating modification that is required by this AD action
will take approximately 3 work hours per airplane to accomplish, at an
average labor rate of $60 per work hour. The cost of required parts is
expected to be negligible. Based on these figures, the cost impact of
the modification requirements of this AD on U.S. operators of Model MD-
11 airplanes is estimated to be $3,240, or $180 per airplane.
For U.S.-registered Model DC-10 series and KC-10A (military)
airplanes: The checks that are currently required by AD 93-25-09 R1
(and retained by this new AD action) take approximately 0.5 work hour
per airplane to accomplish, at an average labor rate of $60 per work
hour. Based on these figures, the cost impact of the actions currently
required on U.S. operators of these models of airplanes is estimated to
be $7,170, or $30 per airplane, per check.
The terminating modification that is required by this AD action
will take an average of 3.5 work hours per airplane to accomplish, at
an average labor rate
[[Page 16666]]
of $60 per work hour. The cost of required parts is expected to be
negligible. Based on these figures, the cost impact of the modification
requirements of this AD on U.S. operators of these models of airplanes
is estimated to be $50,190, or $210 per airplane.
The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the requirements of this
AD action, and that no operator would accomplish those actions in the
future if this AD were not adopted.
Regulatory Impact
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.
For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it 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. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by removing amendment 39-9070 (59 FR
56383, November 14, 1994), and by adding a new airworthiness directive
(AD), amendment 39-9986, to read as follows:
97-07-12 McDonnell Douglas: Amendment 39-9986. Docket 95-NM-234-AD.
Supersedes AD 93-25-09 R1, Amendment 39-9070.
Applicability: Model MD-11 series airplanes as listed in
McDonnell Douglas MD-11 Alert Service Bulletin A26-16, dated
November 22, 1993; and Model DC-10 series airplanes and KC-10A
(military) airplanes as listed in McDonnell Douglas DC-10/KC-10A
Alert Service Bulletin A26-46, dated December 6, 1993; 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 request approval for an
alternative method of compliance in accordance with paragraph (f) 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.
Compliance: Required as indicated, unless accomplished
previously.
To prevent the wrong engine-driven generator from being shut
down unnecessarily in the event of an engine fire warning,
accomplish the following:
(a) As of January 7, 1994 (the effective date of AD 93-25-09,
amendment 39-8775), prior to further flight following any
maintenance performed on the fire extinguishing handle system,
perform a functional test to verify proper installation of the
electrical connectors to the engine generator and fire bell shutoff
switches in accordance with the Accomplishment Instructions of
McDonnell Douglas MD-11 Alert Service Bulletin A26-16, dated
November 22, 1993 (for Model MD-11 series airplanes); or McDonnell
Douglas DC-10/KC-10A Alert Service Bulletin A26-46, dated December
6, 1993 [for Model DC-10 series airplanes, and KC-10A (military)
airplanes]; as applicable.
(b) If the electrical connectors are found to be properly
installed, repeat the functional test thereafter prior to further
flight following any maintenance performed on the fire extinguishing
handle system, until the requirements of paragraph (d) of this AD
are accomplished.
(c) If the electrical connectors are found to be improperly
installed, prior to further flight, correct the wiring installation
and repeat the functional test, in accordance with the
Accomplishment Instructions of McDonnell Douglas MD-11 Alert Service
Bulletin A26-16, dated November 22, 1993 (for Model MD-11 series
airplanes); or McDonnell Douglas DC-10/KC-10A Alert Service Bulletin
A26-46, dated December 6, 1993 [for Model DC-10 series airplanes,
and KC-10A (military) airplanes]; as applicable. Thereafter, repeat
the functional test prior to further flight following any
maintenance performed on the fire extinguishing handle system, until
the requirements of paragraph (d) of this AD are accomplished.
(d) Except as provided by paragraph (e) of this AD: Within 24
months after the effective date of this AD, install tethers on the
engine generator and fire bell shutoff system and firex bottle
electrical connectors, in accordance with McDonnell Douglas Service
Bulletin MD11-26-018, dated August 24, 1995 (for Model MD-11 series
airplanes); or McDonnell Douglas Service Bulletin DC10-26-047,
Revision 1, dated August 22, 1996 [for Model DC-10 series airplanes
and KC-10A (military) airplanes]; as applicable. Accomplishment of
this installation constitutes terminating action for the functional
tests required by this AD.
(e) For those airplanes on which a functional test has been
accomplished in accordance with either AD 93-25-09 R1, amendment 39-
9070; or paragraph (a), (b), or (c) of this AD: The functional test
specified in the ``Test'' procedures in paragraph 3.B. of the
Accomplishment Instructions of McDonnell Douglas Service Bulletin
MD11-26-018, dated August 24, 1995 (for Model MD-11 series
airplanes); or McDonnell Douglas Service Bulletin DC10-26-047,
Revision 1, dated August 22, 1996 [for Model DC-10 series airplanes
and KC-10A (military) airplanes] need not be performed.
(f) 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.
(g) 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.
(h) The functional tests shall be done in accordance with
McDonnell Douglas MD-11 Alert Service Bulletin A26-16, dated
November 22, 1993 (for Model MD-11 series airplanes); or McDonnell
Douglas DC-10/KC-10A Alert Service Bulletin A26-46, dated December
6, 1993 [for Model DC-10 series airplanes, and KC-10A (military)
airplanes]; as applicable. This incorporation by reference 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 November
29, 1994 (59 FR 56383, November 14, 1994). The installation shall be
done in accordance with McDonnell Douglas Service Bulletin MD11-26-
018, dated August 24, 1995 (for Model MD-11 series airplanes); or
McDonnell Douglas Service Bulletin DC10-26-047, Revision 1, dated
August 22, 1996 [for Model DC-10 series airplanes and KC-10A
(military) airplanes]; as applicable. This incorporation
[[Page 16667]]
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, 3855 Lakewood
Boulevard, Long Beach, California 90846, Attention: Technical
Publications Business Administration, Department C1-L51 (2-60).
Copies may be inspected at the FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington; or at the FAA, Transport
Airplane Directorate, 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.
(i) This amendment becomes effective on May 13, 1997.
Issued in Renton, Washington, on March 27, 1997.
S.R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 97-8424 Filed 4-7-97; 8:45 am]
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