Proposed Rules. Notice of proposed rulemaking (NPRM)

Agency: Federal Aviation Administration, DOT
Action: Notice of proposed rulemaking (NPRM)
Citation: FR Doc. 01-25056 · RIN 2120-AA64 · Docket No. 2001-NM-60-AD · 14 CFR 39

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 relocation of the mod block tracks on the flight compartment floor beams in the avionics compartment beneath the Captain's and First Officer's seats. This action is necessary to prevent chafing and compression of electrical wiring at the upper track mod blocks on the flight compartment floor beams in the avionics compartment beneath the Captain's and First Officer's seats, which could result in electrical arcing and consequent smoke and/or fire in the cockpit. This action is intended to address the identified unsafe condition.

Dates

Comments must be received by November 19, 2001.

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 action may be changed in light of the comments received. Submit comments using the following format: • Organize comments issue-by-issue. For example, discuss a request to change the compliance time and a request to change the service bulletin reference as two separate issues. • For each issue, state what specific change to the proposed AD is being requested. • Include justification (e.g., reasons or data) for each request. 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 action must submit a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket Number 2001-NM-60-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-114, Attention: Rules Docket No. 2001-NM-60-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-4056. Discussion As part of its practice of re-examining all aspects of the service experience of a particular aircraft whenever an accident occurs, the FAA has become aware of chafing and compression of electrical wiring at the upper track mod blocks on the flight compartment floor beams in the avionics compartment beneath the Captain's and First Officer's seats on McDonnell Douglas Model MD-11 series airplanes. The cause of such chafing and compression has been attributed to the seat posts, when in the full-down position, extending into the wiring. This condition, if not corrected, could result in electrical arcing and consequent smoke and/or fire in the cockpit. These incidents are not considered to be related to an accident that occurred off the coast of Nova Scotia involving a McDonnell Douglas Model MD-11 series airplane. The cause of that accident is still under investigation. Other Related Rulemaking The FAA, in conjunction with Boeing and operators of Model MD-11 series airplanes, is continuing to review all aspects of the service history of those airplanes to identify potential unsafe conditions and to take appropriate corrective actions. This proposed airworthiness directive (AD) is one of a series of actions identified during that process. The process is continuing and the FAA may consider additional rulemaking actions as further results of the review become available. Explanation of Relevant Service Information The FAA has reviewed and approved Boeing Alert Service Bulletin MD11-24A036, Revision 01, dated May 21, 2001. The service bulletin describes procedures for relocation of the mod block tracks on the flight compartment floor beams in the avionics compartment beneath the Captain's and First Officer's seats. Accomplishment of the actions specified in the service bulletin is intended to adequately address the identified unsafe condition. 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 require accomplishment of the actions specified in the service bulletin described previously. Cost Impact There are approximately 23 Model MD-11 series airplanes of the affected design in the worldwide fleet. The FAA estimates that 8 airplanes of U.S. registry would be affected by this proposed AD, that it would take approximately 2 work hours per airplane to accomplish the proposed actions, and that the average labor rate is $60 per work hour. Required parts would cost approximately $705 per airplane. Based on these figures, the cost impact of the proposed AD on U.S. operators is estimated to be $6,600, or $825 per airplane. The cost impact figure discussed above is based on assumptions that no operator has yet accomplished any of the proposed requirements of this AD action, and that no operator would accomplish those actions in the future if this proposed AD were not adopted. The cost impact figures discussed in AD rulemaking actions represent only the time necessary to perform the specific actions actually required by the AD. These figures typically do not include incidental costs, such as the time required to gain access and close up, planning time, or time necessitated by other administrative actions. Regulatory Impact The regulations proposed herein would 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. Therefore, it is determined that this proposal would not have federalism implications under Executive Order 13132. 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 adding the following new airworthiness directive: McDonnell Douglas: Docket 2001-NM-60-AD. Applicability: Model MD-11 series airplanes, as listed in Boeing Alert Service Bulletin MD11-24A036, Revision 01, dated May 21, 2001; certificated in any category. 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 (b) 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 chafing and compression of electrical wiring at the upper track mod blocks on the flight compartment floor beams in the avionics compartment beneath the Captain's and First Officer's seats, which could result in electrical arcing and consequent smoke and/or fire in the cockpit, accomplish the following: Relocation of Mod Block Tracks (a) Within 1 year after the effective date of this AD, relocate the mod block tracks on the flight compartment floor beams in the avionics compartment beneath the Captain's and First Officer's seats, per Boeing Alert Service Bulletin MD-1124A036, Revision 01, dated May 21, 2001. Note 2: Accomplishment of the relocation per McDonnell Douglas Service Bulletin MD11-24-036, dated May 8, 1992, before the effective date of this AD, is considered acceptable for compliance with the requirements of this AD. Alternative Methods of Compliance (b) 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 3: 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 Permit (c) 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 October 1, 2001. Charles Huber, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 01-25056 Filed 10-4-01; 8:45 am]