[Federal Register Volume 70, Number 190 (Monday, October 3, 2005)]
[Rules and Regulations]
[Pages 57491-57493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19438]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20881; Directorate Identifier 2004-NM-253-AD; 
Amendment 39-14302; AD 2003-17-07 R1]
RIN 2120-AA64


Airworthiness Directives; Various Transport Category Airplanes 
Manufactured by McDonnell Douglas

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is revising an existing airworthiness directive (AD) 
that applies to various transport category airplanes manufactured by 
McDonnell Douglas. We issued that AD to require a one-time test of the 
fire extinguishers for the engine and auxiliary power unit (APU), as 
applicable, to determine the capability of the Firex electrical 
circuits to fire discharge cartridges, and troubleshooting actions if 
necessary. This new AD removes certain transport category airplanes 
from the applicability of the existing AD. This AD results from reports 
indicating that fire extinguishers for the engine and auxiliary power 
unit had failed to discharge when commanded. We are issuing this AD to 
prevent failure of the fire extinguishers to fire discharge cartridges, 
which could result in the inability to put out a fire in an engine or 
in the APU.

DATES: The effective date of this AD is September 24, 2003.
    On September 24, 2003 (68 FR 50058, August 20, 2003), the Director 
of the Federal Register approved the incorporation by reference of 
certain service bulletins listed in the AD.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street SW., Nassif Building, 
Room PL-401, Washington, DC.
    Contact Boeing Commercial Airplanes, Long Beach Division, 3855 
Lakewood Boulevard, Long Beach, California 90846, Attention: Data and 
Service Management, Dept. C1-L5A (D800-0024) for service information 
identified in this AD.

FOR FURTHER INFORMATION CONTACT: Samuel Lee, Aerospace Engineer, 
Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; 
telephone (562) 627-5262; fax (562) 627-5210.

SUPPLEMENTARY INFORMATION:

Examining the Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov 
or in person at the Docket Management Facility office between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays. The Docket 
Management Facility office (telephone (800) 647-5227) is located on the 
plaza level of the Nassif Building at the street address stated in the 
ADDRESSES section.

Discussion

    The FAA proposed to amend part 39 of the Federal Aviation 
Regulations (14 CFR part 39) with an airworthiness directive (AD) to 
revise AD 2003-17-07, amendment 39-13281 (68 FR 50058, August 20, 
2003). The existing AD applies to various transport category airplanes 
manufactured by McDonnell Douglas. The proposed AD was published in the 
Federal Register on April 11, 2005 (70 FR 18324) to require a one-time 
test of the fire extinguishers for the engine and auxiliary power unit 
(APU), as applicable, to determine the capability of the Firex 
electrical circuits to fire discharge cartridges, and troubleshooting 
actions if necessary. That action also proposed to remove Model MD-10-
10F and MD-10-30F airplanes from the applicability of the existing AD.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

No Objections to the NPRM

    One commenter states that it has no objection to the NPRM.

Request To Give Credit for Previous Alternative Methods of Compliance 
(AMOCs)

    This same commenter notes that it has received an AMOC with AD 
2003-17-07. We infer that the commenter is requesting that credit be 
given for compliance with the AD in accordance with the AMOC.
    We acknowledge that the AMOC the commenter received provides 
compliance with AD 2003-17-07. However, it is unnecessary to amend this 
revised AD to reflect credit for previous accomplishment of the one-
time test of the fire extinguishers for the engine and auxiliary power 
unit (APU), as applicable. This revised AD merely reduces the 
applicability of the AD, and all of the previous requirements, 
conditions, and provisions remain in effect.

Request To Revise Note 1

    One commenter requests that we revise a typographical error in Note 
1 of the proposed AD, which referred to paragraph (c) as the AMOC 
paragraph. We agree with the commenter, and have revised Note 1 to 
refer to paragraph (h) of the AD for AMOCs.

Conclusion

    We have carefully reviewed the available data, including the 
comments received, and determined that air safety and the public 
interest require adopting the AD with the change described previously. 
We have determined that this change will neither increase the economic 
burden on any operator nor increase the scope of the AD.

Costs of Compliance

    There are about 3,311 airplanes of the affected design in the 
worldwide fleet. This AD will affect about 1,520 airplanes of U.S. 
registry.
    The actions that are required by AD 2003-17-07 and retained in this 
AD take between 4 work hours and 7 work hours per airplane, at an 
average labor rate of $65 per work hour. Based on these figures, the 
estimated cost of the currently required actions is estimated to be 
between $395,200, and $691,600, on U.S. operators, or between $260 and 
$455 per airplane.
    This AD does not add any new actions to the existing actions 
required by AD 2003-17-07. Since this AD will remove certain airplanes 
from the applicability of the AD, the total estimated cost of 
compliance of the AD for U.S. operators is actually reduced

[[Page 57492]]

from the existing AD. However, the estimated cost of compliance per 
airplane remains the same.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD will not have a 
substantial direct effect 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.
    For the reasons discussed above, I certify that this AD:
    (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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-13281 (68 FR 50058, August 20, 2003) and adding 
the following new airworthiness directive (AD):

2003-17-07 R1: Amendment 39-14302. Docket No. FAA-2005-20881; 
Directorate Identifier 2004-NM-253-AD.

Effective Date

    (a) The effective date of this AD is September 24, 2003.

Affected ADs

    (b) This AD revises AD 2003-17-07 to remove reference to 
McDonnell Douglas Model MD-10-10F and MD-10-30F airplanes.

Applicability

    (c) This AD applies to the airplanes listed in Table 1 of this 
AD, certificated in any category. Table 1 of this AD follows:

                         Table 1.--Applicability
------------------------------------------------------------------------
        McDonnell Douglas models                   As listed in
------------------------------------------------------------------------
Model DC-8-11, DC-8-12, DC-8-21, DC-8-   Boeing Alert Service Bulletin
 31, DC-8-32, DC-8-33, DC-8-41, DC-8-     DC8-26A042, including Appendix
 42, and DC-8-43 airplanes; DC-8-51, DC-  A, dated January 31, 2002.
 8-52, DC-8-53, and DC-8-55 airplanes;
 DC-8F-54 and DC-8F-55 airplanes; DC-8-
 61, DC-8-62, and DC-8-63 airplanes; DC-
 8-61F, DC-8-62F, and DC-8-63F
 airplanes; DC-8-71, DC-8-72 and DC-8-
 73 airplanes; DC-8-71F, DC-8-72F, and
 DC-8-73F airplanes.
Model DC-9-11, DC-9-12, DC-9-13, DC-9-   McDonnell Douglas Alert Service
 14, DC-9-15, and DC-9-15F airplanes;     Bulletin DC9-26A029, Revision
 DC-9-21 airplanes; DC-9-31, DC-9-32,     01, dated May 8, 2001.
 DC-9-32 (VC-9C), DC-9-32F, DC-9-33F,
 DC-9-34, DC-9-34F, and DC-9-32F (C-9A,
 C-9B) airplanes; DC-9-41 airplanes; DC-
 9-51 airplanes; DC-9-81 (MD-81), DC-9-
 82 (MD-82), DC-9-83 (MD-83), and DC-9-
 87 (MD-87) airplanes; and MD-88
 airplanes.
Model DC-10-10 and DC-10-10F airplanes;  McDonnell Douglas Alert Service
 DC-10-15 airplanes; DC-10-30 and DC-10-  DC10-26A050, dated July 31,
 30F (KC-10A and KDC-10) airplanes; DC-   2000.
 10-40 and DC-10-40F airplanes;.
Model MD-11 and MD-11F airplanes.......  McDonnell Douglas Alert Service
                                          Bulletin MD11-26A039, Revision
                                          01, dated November 21, 2002.
Model MD-90-30 airplanes...............  McDonnell Douglas Alert Service
                                          Bulletin MD90-26A005, dated
                                          July 31, 2000.
------------------------------------------------------------------------

Unsafe Condition

    (d) This AD results from reports indicating that fire 
extinguishers for the engine and the auxiliary power unit (APU) had 
failed to discharge when commanded on a McDonnell Douglas Model DC-
9-81 airplane and a Model DC-9-33F airplane. We are issuing this AD 
to prevent failure of the fire extinguishers to fire discharge 
cartridges, which could result in the inability to put out a fire in 
an engine or in the APU.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

    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 request approval for an 
alternative method of compliance in accordance with paragraph (h) 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.


[[Page 57493]]



Testing the Firex Electrical Circuits

    (f) Within 18 months after the accumulation of 15,000 total 
flight hours, or within 18 months after September 24, 2003 (the 
effective date of AD 2003-17-07), whichever occurs later: Test the 
capability of the electrical circuits of the Firex fire 
extinguishers for the engine and the APU, as applicable, per the 
applicable alert service bulletin (ASB) listed in Table 1 of this 
AD.
    (1) For any airplane equipped with an APU: If any electrical 
circuit of the Firex fire extinguishers for the APU does not pass 
the testing, before further flight, accomplish the troubleshooting 
procedures specified in the applicable ASB. Dispatch with an 
inoperative APU is permitted for the amount of time specified in the 
Minimum Equipment List. Dispatch after that time is not permitted 
until the circuits are repaired per the Boeing Standard Wiring 
Practices Manual (SWPM) D6-82481.
    (2) For all airplanes: If any electrical circuit of the Firex 
fire extinguishers for the engine does not pass the testing, before 
further flight, accomplish the troubleshooting procedures specified 
in the applicable ASB, and repair per SWPM D6-82481. Dispatch is not 
permitted until the circuits have been repaired.

Actions Accomplished Per Previous Issue of Service Bulletins

    (g) Tests and troubleshooting procedures accomplished before the 
effective date of this AD per McDonnell Douglas Alert Service 
Bulletin DC9-26A029, dated July 27, 2000; or MD11-26A039, dated July 
31, 2000; are considered acceptable for compliance with the 
corresponding action specified in paragraph (f) of this AD.

Alternative Methods of Compliance

    (h) 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. 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.

Special Flight Permits

    (i) 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.

Material Incorporated by Reference

    (j) You must use the service bulletins listed in Table 2 of this 
AD to perform the actions that are required by this AD, unless the 
AD specifies otherwise.

                                     Table 2.--Applicable Service Bulletins
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           Service bulletin                       Revision level                            Date
----------------------------------------------------------------------------------------------------------------
Boeing Alert Service Bulletin DC8-      Original.........................  January 31, 2002.
 26A042, including Appendix A.
McDonnell Douglas Alert Service         Revision 01......................  May 8, 2001.
 Bulletin DC9-26A029.
McDonnell Douglas Alert Service         Original.........................  July 31, 2000.
 Bulletin DC10-26A050.
McDonnell Douglas Alert Service         Revision 01......................  November 21, 2002.
 Bulletin MD11-26A039.
McDonnell Douglas Alert Service         Original.........................  July 31, 2000.
 Bulletin MD90-26A005.
----------------------------------------------------------------------------------------------------------------

    (1) On September 24, 2003 (68 FR 50058, August 20, 2003), the 
Director of the Federal Register approved the incorporation by 
reference of Boeing and McDonnell Douglas service bulletins listed 
in Table 2.
    (2) Contact Boeing Commercial Airplanes, Long Beach Division, 
3855 Lakewood Boulevard, Long Beach, California 90846, Attention: 
Data and Service Management, Dept. C1-L5A (D800-0024), for a copy of 
this service information. You may review copies at the Docket 
Management Facility, U.S. Department of Transportation, 400 Seventh 
Street SW., Room PL-401, Nassif Building, Washington, DC; on the 
Internet at http://dms.dot.gov; or at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at the NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on September 20, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-19438 Filed 9-30-05; 8:45 am]
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