[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]
BILLING CODE 4910-13-U