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.

Proposed Rules Federal Register

7180

Vol. 62, No. 32

Tuesday, February 18, 1997

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–NM–278–AD]

RIN 2120–AA64

Airworthiness Directives; McDonnell

Douglas Model MD–11 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

supersedure of an existing airworthiness

directive (AD), applicable to certain

McDonnell Douglas Model MD–11

series airplanes, that currently requires

inspections to detect damage of the

support brackets and clamps of the

transfer pipe of the tail tank, and of the

transfer pipe assembly; and replacement

of damaged parts, or installation of a

doubler, if necessary. This action would

add a requirement to install a fuel

transfer pipe of the tail tank, and to

install support brackets and clamps of

the fuel feed pipe of engine No. 2,

which constitutes terminating action for

the repetitive inspections. This action

would also require, for certain airplanes,

removal of a temporary protective

doubler installed on the fuel pipe

assembly. This action is prompted by

reports of cracking of the support

brackets in the refuel and fuel transfer

lines of the tail fuel tank and damage to

the nylon clamps and transfer pipe

assembly. The actions specified by the

proposed AD are intended to prevent

such cracking and damage, which could

result in further damage to the transfer

pipe assembly and possible fuel leakage.

DATES: Comments must be received by

March 28, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 96–NM–

278–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9:00 a.m. and 3:00

p.m., Monday through Friday, except

Federal holidays.

The service information referenced in

the proposed rule 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

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.

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:

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 notice may be changed in light

of the comments received.

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 notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 96–NM–278–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–103, Attention: Rules Docket No.

96–NM–278–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

On May 1, 1996, the FAA issued AD

96–10–07, amendment 39–9612 (61 FR

21066, May 9, 1996), applicable to

certain McDonnell Douglas Model MD–

11 series airplanes, to require repetitive

visual inspections for cracking, bending,

or stress of the support brackets, and

any damage to the clamps of the transfer

pipe of the tail tank; and replacement of

any damaged bracket or clamp with a

serviceable part. That action also

requires repetitive visual inspections for

damage of the transfer pipe assembly of

the tail tank; and installation of a

doubler on the pipe assembly, or

replacement of the pipe assembly with

a serviceable assembly, if necessary.

That action was prompted by reports of

cracking of the support brackets in the

refuel and fuel transfer lines of the tail

fuel tank and damage to the nylon

clamps and transfer pipe assembly; such

damage is due to flexing of the brackets

and subsequent contact of the transfer

pipe assembly with adjacent structure.

The requirements of that AD are

intended to prevent such cracking and

damage, which could result in further

damage to the transfer pipe assembly

and possible fuel leakage.

In the preamble to AD 96–10–07, the

FAA indicated that the actions required

by that AD were considered ‘‘interim

action’’ and that further rulemaking was

being considered. The FAA now has

determined that further rulemaking

action is indeed necessary, and this

proposed AD follows from that

determination.

Actions Since Issuance of Previous Rule

Since the issuance of that AD,

McDonnell Douglas has developed a

modification procedure that involves

installing a fuel transfer pipe of the tail

tank and installing additional support

brackets and pipe clamps of the fuel

feed pipe of engine No. 2. Installation of

additional support brackets and pipe
Federal Register / Vol. 62, No. 32 / Tuesday, February 18, 1997 / Proposed Rules 7181

clamps will positively address the

unsafe condition by minimizing the

possibility of fuel pipe damage due to

flexing of the brackets and subsequent

contact of the transfer pipe assembly

with adjacent structure.

Explanation of Relevant Service

Information

The FAA has reviewed and approved

McDonnell Douglas Service Bulletin

MD11–28–089, dated October 24, 1996,

which describes procedures for removal

of certain clamps and the temporary

protective doubler on the fuel pipe

assembly, if those parts have been

installed previously. The service

bulletin also describes procedures for

installing a fuel transfer pipe of the tail

tank, and installing support brackets

and pipe clamps of the fuel feed pipe of

engine No. 2, which eliminates the need

for repetitive inspections to detect

damage of the support brackets and

clamps.

Explanation of Requirements of

Proposed Rule

Since an unsafe condition has been

identified that is likely to exist or

develop on other products of this same

type design, the proposed AD would

supersede AD 96–10–07. It would

continue to require visual inspections to

detect cracking, bending, or stress of the

support brackets and damage to the

nylon clamps of the transfer pipe of the

tail tank. It also would continue to

require repetitive inspections to detect

damage of the support brackets and

clamps.

However, for certain airplanes, this

new proposed AD would add a

requirement to remove certain clamps

and the temporary protective doubler on

the fuel pipe assembly. It also would

require installation of a fuel transfer

pipe of the tail tank, and installation of

support brackets and pipe clamps of the

fuel feed pipe of engine No. 2, which

constitutes terminating action for the

repetitive inspections. These actions

would be required to be accomplished

in accordance with McDonnell Douglas

Service Bulletin MD11–28–089, as

described previously.

Cost Impact

There are approximately 145 Model

MD–11 series airplanes of the affected

design in the worldwide fleet. The FAA

estimates that 40 airplanes of U.S.

registry would be affected by this

proposed AD.

The actions that are currently

required by AD 96–10–07 take

approximately 2 work hours per

airplane to accomplish, at an average

labor rate of $60 per work hour. Based

on these figures, the cost impact of the

currently required actions on U.S.

operators is estimated to be $4,800, or

$120 per airplane, per inspection cycle.

The new actions that are proposed in

this AD action would take

approximately 6 work hours per

airplane to accomplish, at an average

labor rate of $60 per work hour.

Required parts would cost

approximately $691 per airplane. Based

on these figures, the cost impact of the

proposed requirements of this AD on

U.S. operators is estimated to be

$42,040, or $1,051 per airplane.

The cost impact figures discussed

above are based on assumptions that no

operator has yet accomplished any of

the current or proposed 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 proposed herein

would 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

proposal would not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

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.

§ 39.13 [Amended]

2. Section 39.13 is amended by

removing amendment 39–9612 (61 FR

21066, May 9, 1996), and by adding a

new airworthiness directive (AD), to

read as follows:

McDonnell Douglas: Docket 96–NM–278–

AD. Supersedes AD 96–10–07,

Amendment 39–9612.

Applicability: Model MD–11 series

airplanes; as listed in McDonnell Douglas

Service Bulletin MD11–28–089, dated

October 24, 1996; 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 (c)(1) 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 cracking of the support brackets

in the refuel and fuel transfer lines of the tail

fuel tank and damage to the nylon clamps

and transfer pipe assembly, which, if not

corrected, could result in further damage to

the transfer pipe assembly and possible fuel

leakage, accomplish the following:

Restatement of Requirements of AD 96–10–

07

(a) For Group 1 airplanes listed in

McDonnell Douglas Alert Service Bulletin

MD11–28A083, dated March 13, 1996:

Within 90 days after May 24, 1996 (the

effective date of AD 96–10–07, amendment

39–9612), accomplish the requirements of

paragraphs (a)(1) and (a)(2) of this AD in

accordance with Paragraph 3. of the

Accomplishment Instructions of McDonnell

Douglas Alert Service Bulletin MD11–

28A083, dated March 13, 1996, or McDonnell

Douglas Service Bulletin MD11–28A083,

Revision 1, dated May 5, 1996.

(1) Perform a visual inspection for

cracking, bending, or stress of the support

brackets and damage to the nylon clamps of

the transfer pipe of the tail tank, in

accordance with the alert service bulletin. If

any damaged bracket or clamp is detected,

prior to further flight, replace it with a

serviceable part in accordance with the alert

service bulletin.

(2) Perform a visual inspection for chafing

and/or denting of the transfer pipe assembly
7182 Federal Register / Vol. 62, No. 32 / Tuesday, February 18, 1997 / Proposed Rules

of the tail tank, in accordance with the alert

service bulletin.

(i) Condition 1. If no damage to the fuel

pipe assembly is detected, accomplish the

requirements of either paragraph (a)(2)(i)(A)

or (a)(2)(i)(B) of this AD at the times specified

in that paragraph.

(A) Condition 1, Option 1. Thereafter,

repeat the visual inspections required by

paragraph (a) of this AD at intervals not to

exceed 600 flight hours; or

(B) Condition 1, Option 2. Install a

temporary doubler on the fuel pipe assembly

in accordance with the alert service bulletin

and, thereafter, repeat the visual inspections

required by paragraph (a) of this AD at

intervals not to exceed 15 months.

(ii) Condition 2. If damage is found that is

within the limits specified by the alert

service bulletin, prior to further flight, install

a temporary doubler on the fuel pipe

assembly. Thereafter, repeat the visual

inspections required by paragraph (a) of this

AD at intervals not to exceed 15 months.

(iii) Condition 3. If damage is found that is

outside the limits specified by the alert

service bulletin, prior to further flight,

replace the fuel pipe assembly with a new or

serviceable assembly; and accomplish the

requirements of either paragraph (a)(2)(iii)(A)

or (a)(2)(iii)(B) of this AD at the time

specified in that paragraph.

(A) Condition 3, Option 1. Thereafter,

repeat the visual inspections required by

paragraph (a) of this AD at intervals not to

exceed 600 flight hours; or

(B) Condition 3, Option 2. Install a

temporary doubler on the fuel pipe assembly;

and repeat the visual inspections required by

paragraph (a) of this AD, thereafter, at

intervals not to exceed 15 months.

(Replacement of the fuel pipe assembly with

a serviceable pipe assembly that has been

repaired by welding a doubler in the area of

potential damage, does not require the

installation of a temporary doubler.)

New Requirements of this AD

(b) Within 24 months after the effective

date of this AD, accomplish the requirements

of paragraphs (b)(1) and (b)(2) of this AD, as

applicable.

(1) For airplanes on which the temporary

protective doubler has been installed on the

fuel pipe assembly in accordance with

McDonnell Douglas Alert Service Bulletin

MD11–28A083, dated March 13, 1996:

Remove the clamps and the temporary

protective doubler installed on the fuel

transfer pipe, in accordance with McDonnell

Douglas Service Bulletin MD11–28–089,

dated October 24, 1996. Prior to further flight

following accomplishment of the removal,

accomplish the requirements of paragraph

(a)(2) of this AD.

(2) For all airplanes: Install the fuel transfer

pipe of the tail tank and support brackets and

clamps of the fuel feed pipe of engine No. 2,

in accordance with McDonnell Douglas

Service Bulletin MD11–28–089, dated

October 24, 1996. Accomplishment of this

installation constitutes terminating action for

the requirements of this AD.

(c)(1) 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.

(2) Alternative methods of compliance that

concern the use of an alternate material in

lieu of the specified temporary doubler,

which were approved previously in

accordance with AD 96–10–07, amendment

39–9612, are not considered to be approved

as alternative methods of compliance with

this AD.

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 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.

Issued in Renton, Washington, on February

10, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–3842 Filed 2–14–97; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 96–NM–283–AD]

RIN 2120–AA64

Airworthiness Directives; McDonnell

Douglas Model MD–11 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to

certain McDonnell Douglas Model MD–

11 series airplanes. This proposal would

require a one-time inspection to detect

riding, chafing, or damage of the wire

bundles adjacent to the disconnect

panel bracket of the observer’s station.

The proposed AD also would require

repair or replacement of damaged wires

with new or serviceable wires;

installation of anti-chafing sleeving on

the wire bundles, if necessary; and

installation of grommet along the entire

upper aft edge of the disconnect panel

bracket. This proposal is prompted by a

report indicating that the circuit

breakers tripped on a Model MD–11

series airplane due to inflight arcing

behind the avionics circuit breaker

panel as a result of chafing of the wire

bundles adjacent to the disconnect

panel bracket assembly. The actions

specified by the proposed AD are

intended to detect and correct such

chafing, which could result in a fire in

the wire bundles and smoke in the

cockpit.

DATES: Comments must be received by

March 28, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 96–NM–

283–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9:00 a.m. and 3:00

p.m., Monday through Friday, except

Federal holidays.

The service information referenced in

the proposed rule 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

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington.

FOR FURTHER INFORMATION CONTACT:

Brett Portwood, Aerospace Engineer,

Systems and Equipment Branch, ANM–

130L, FAA, Transport Airplane

Directorate, Los Angeles Aircraft

Certification Office, 3960 Paramount

Boulevard, Lakewood, California 90712;

telephone (310) 627–5347; fax (310)

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 notice may be changed in light

of the comments received.

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.