[Federal Register Volume 62, Number 32 (Tuesday, February 18, 1997)]
[Proposed Rules]
[Pages 7180-7182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3842]


      
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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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Federal Register / Vol. 62, No. 32 / Tuesday, February 18, 1997 / 
Proposed Rules

[[Page 7180]]



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).

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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

[[Page 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.


Sec. 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

[[Page 7182]]

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