[Federal Register: September 12, 2006 (Volume 71, Number 176)]
[Rules and Regulations]
[Page 53556-53559]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12se06-6]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-24787; Directorate Identifier 2006-NM-043-AD;
Amendment 39-14760; AD 2006-19-03]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model DC-10-10 and
DC-10-10F Airplanes; Model DC-10-15 Airplanes; Model DC-10-30 and DC-
10-30F (KC-10A and KDC-10) Airplanes; Model DC-10-40 and DC-10-40F
Airplanes; Model MD-10-10F and MD-10-30F Airplanes; and Model MD-11 and
MD-11F Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain McDonnell Douglas transport category airplanes. This AD
requires fabrication and installation of a wire harness guard in the
right wheel well of the main landing gear (MLG), and related
investigative and corrective actions as necessary. For certain
airplanes, this AD also requires replacement of the electrical
connectors of the auxiliary hydraulic pumps with improved electrical
connectors and related investigative and corrective actions. This AD
results from fuel system reviews conducted by the manufacturer. We are
issuing this AD to prevent damage to the wire support bracket and
wiring of the auxiliary hydraulic pump and, for certain airplanes,
water intrusion through the electrical connectors of the auxiliary
hydraulic pump. These conditions could lead to a potential ignition
source in the right wheel well of the MLG around the fuel tank, which,
in combination with flammable fuel vapors, could result in fuel tank
explosions and consequent loss of the airplane.
DATES: This AD becomes effective October 17, 2006.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of October 17,
2006.
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: Ken Sujishi, Aerospace Engineer, Cabin
Safety/Mechanical and Environmental Systems Branch, ANM-150L, FAA, Los
Angeles Aircraft Certification Office, 3960 Paramount Boulevard,
Lakewood, California 90712-4137; telephone (562) 627-5353; fax (562)
627-5210.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the airworthiness directive (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 issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that would apply to certain McDonnell
Douglas Model DC-10-10 and DC-10-10F airplanes; Model DC-10-15
airplanes; Model DC-10-30 and DC-10-30F (KC-10A and KDC-10) airplanes;
Model DC-10-40 and DC-10-40F airplanes; Model MD-10-10F and MD-10-30F
airplanes;
[[Page 53557]]
and Model MD-11 and MD-11F airplanes. That NPRM was published in the
Federal Register on May 17, 2006 (71 FR 28622). That NPRM proposed to
require fabrication and installation of a wire harness guard in the
right wheel well of the main landing gear (MLG), and related
investigative and corrective actions as necessary. For certain
airplanes, that NPRM also proposed to require replacement of the
electrical connectors of the auxiliary hydraulic pumps with improved
electrical connectors and related investigative and corrective actions.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.
Support for the NPRM
Two private citizens support the NPRM.
Request To Allow Replacement With FAA-Approved Equivalent Parts
The Modification and Replacement Parts Association (MARPA) requests
that we append the language in paragraph (f)(2) of the NPRM to add the
following words, ``or FAA-approved equivalent part number.'' MARPA
contends that the addition of those words would remove any possible
conflict with 14 CFR 21.303 that may be raised with respect to the
unmodified text in paragraph (f)(2) of the NPRM.
We infer that the commenter would like the AD to permit
installation of any equivalent parts manufacturer approval (PMA) parts
so that it is not necessary for an operator to request approval of an
alternative method of compliance (AMOC) in order to install an
``equivalent'' PMA part. Whether an alternative part is ``equivalent''
in adequately resolving the unsafe condition can only be determined on
a case-by-case basis based on a complete understanding of the unsafe
condition. The Transport Airplane Directorate's policy is that, in
order for operators to replace a part with one that is not specified in
the AD, they must request an AMOC. This is necessary so that we can
make a specific determination that an alternative part is or is not
susceptible to the same unsafe condition.
In response to the commenter's statement regarding a ``possible
conflict with 14 CFR 21.303,'' under which the FAA issues PMAs, this
statement appears to reflect a misunderstanding of the relationship
between ADs and the certification procedural regulations of part 21 of
the Federal Aviation Regulations (14 CFR part 21). Those regulations,
including section 21.303 of the Federal Aviation Regulations (14 CFR
21.303), are intended to ensure that aeronautical products comply with
the applicable airworthiness standards. But ADs are issued when,
notwithstanding those procedures, we become aware of unsafe conditions
in these products or parts. Therefore, an AD takes precedence over
design approvals when we identify an unsafe condition, and mandating
installation of a certain part number in an AD is not at variance with
section 21.303.
The AD provides a means of compliance for operators to ensure that
the identified unsafe condition is addressed appropriately. For an
unsafe condition attributable to a part, the AD normally identifies the
replacement parts necessary to obtain that compliance. As stated in
section 39.7 of the Federal Aviation Regulations (14 CFR 39.7):
``Anyone who operates a product that does not meet the requirements of
an applicable airworthiness directive is in violation of this
section.'' Unless an operator obtains approval for an AMOC, replacing a
part with one not specified by the AD would make the operator subject
to an enforcement action and result in a civil penalty. No change to
the AD is necessary in this regard.
Request for Agreement on Parts Replacement
MARPA also points out that another AD issued from a Directorate
other than the Transport Airplane Directorate does contain the wording
that he has requested. The commenter contends that, ``when two parallel
departments of the same government agency maintain policies and
practices that conflict one with the other, indeed even to opposite
ends, there needs to evolve a solution that will remove the conflict.''
MARPA further contends that ``to harbor an inherent conflict in how an
issue is treated is an invitation for the courts to remove that
conflict and is [sic] so doing invalidates those orders based upon the
interpretation found to be defective.'' The commenter, therefore,
requests that the FAA agree, in a timely manner, on how the matter is
to be treated.
The FAA acknowledges that the Directorates are not consistent in
their policies and practices on this issue. We recognize the need for
standardization on this issue and currently are in the process of
reviewing it at the national level.
The Transport Airplane Directorate considers that to delay this
particular AD action would be inappropriate, since we have determined
that an unsafe condition exists and that replacement of certain parts
must be accomplished to ensure continued safety. Therefore, no change
has been made to the final rule in this regard.
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 as proposed.
Costs of Compliance
There are about 627 airplanes of the affected design in the
worldwide fleet. This AD affects about 303 airplanes of U.S. registry.
The following table provides the estimated costs, at an average labor
rate of $80 per hour, for U.S. operators to comply with this AD.
Estimated Costs
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Number of
Cost per U.S.-
Models Action Work hours Parts airplane registered Fleet cost
airplanes
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DC-10-10, DC-10-10F, DC-10- Fabrication and 3 $889 $1,129 206 $232,574
15, DC-10-30, DC-10-30F (KC- installation.
10A and KDC-10), DC-10-40,
DC-10-40F, MD-10-10F, and MD-
10-30F airplanes.
Replacement..... 2 290 450 206 92,700
MD-11 and MD-11F airplanes... Fabrication and 3 866 1,106 97 107,282
installation.
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[[Page 53558]]
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
adding the following new airworthiness directive (AD):
2006-19-03 McDonnell Douglas: Amendment 39-14760. Docket No. FAA-
2006-24787; Directorate Identifier 2006-NM-043-AD.
Effective Date
(a) This AD becomes effective October 17, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to the McDonnell Douglas airplanes
identified in paragraphs (c)(1) and (c)(2) of this AD, certificated
in any category.
(1) Model DC-10-10 and DC-10-10F airplanes; Model DC-10-15
airplanes; Model DC-10-30 and DC-10-30F (KC-10A and KDC-10)
airplanes; Model DC-10-40 and DC-10-40F airplanes; and Model MD-10-
10F and MD-10-30F airplanes; fuselage numbers (F/Ns) 1 through 446
inclusive.
(2) Model MD-11 and MD-11F airplanes; F/Ns 0447, 0448, 0449,
0451 through 0464 inclusive, 0466 through 0489 inclusive, 0491
through 0517 inclusive, 0519 through 0552 inclusive, and 0554
through 0646 inclusive.
Unsafe Condition
(d) This AD results from fuel system reviews conducted by the
manufacturer. We are issuing this AD to prevent damage to the wire
support bracket and wiring of the auxiliary hydraulic pump and, for
certain airplanes, water intrusion through the electrical connectors
of the auxiliary hydraulic pump. These conditions could lead to a
potential ignition source in the right wheel well of the main
landing gear (MLG) around the fuel tank, which, in combination with
flammable fuel vapors, could result in fuel tank explosions and
consequent loss of the airplane.
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.
Installation and Replacement for Certain Airplanes
(f) For Model DC-10-10 and DC-10-10F airplanes; Model DC-10-15
airplanes; Model DC-10-30 and DC-10-30F (KC-10A and KDC-10)
airplanes; Model DC-10-40 and DC-10-40F airplanes; and Model MD-10-
10F and MD-10-30F airplanes: Within 60 months after the effective
date of this AD, do the actions specified in paragraph (f)(1) and
(f)(2) of this AD.
(1) Fabricate a wire harness guard and install it in the right
wheel well of the MLG, and do all related investigative and
applicable corrective actions, by accomplishing all of the actions
specified in the Accomplishment Instructions of Boeing Alert Service
Bulletin DC10-29A146, Revision 1, dated April 6, 2005; except as
provided by paragraph (h) of this AD. Do all applicable corrective
actions before further flight. If any debris is found in the area
around the wiring of the auxiliary hydraulic pump, before further
flight, clean the area of the debris.
(2) Replace any electrical connector having part number (P/N)
DC62E24-10SN or FC6DE24-10S of the auxiliary hydraulic pumps at the
right wheel well of the MLG with improved electrical connectors
having P/N DC62F24-10SN, and do the related investigative action
before further flight, by accomplishing all of actions specified in
the Accomplishment Instructions of McDonnell Douglas DC-10 Service
Bulletin 29-135, dated September 8, 1993. If the auxiliary hydraulic
system fails the test, before further flight, repair the auxiliary
hydraulic system according to a method approved by the Manager, Los
Angeles Aircraft Certification Office (ACO), FAA. Chapter 29-20-00
of the Boeing DC-10 Aircraft Maintenance Manual is one approved
method.
Installation for Other Certain Airplanes
(g) For Model MD-11 and MD-11F airplanes: Within 60 months after
the effective date of this AD, fabricate and install a wire harness
guard in the right wheel well of the MLG, and do all related
investigative and applicable corrective actions, by accomplishing
all of the actions specified in the Accomplishment Instructions of
Boeing Alert Service Bulletin MD11-29A060, dated April 30, 2001;
except as provided by paragraph (h) of this AD. Do all applicable
corrective actions before further flight. If any debris is found in
the area around the wiring of the auxiliary hydraulic pump, before
further flight, clean the area of the debris. Rivet P/N MS20470AD5-
7, shown in the parts and material table in paragraph 2.C.2 of the
service bulletin, is not a valid P/N; the correct P/N that must be
used is P/N MS20470AD6-7.
Exception to Service Bulletins
(h) Where the Accomplishment Instructions of Boeing Alert
Service Bulletin DC10-29A146, Revision 1, dated April 6, 2005; and
Boeing Alert Service Bulletin MD11-29A060, dated April 30, 2001,
specify doing a visual inspection of the wiring installations of the
auxiliary hydraulic pump in the right main wheel well at station
Y=1381 for chafing, do a general visual inspection.
Note 1: For the purposes of this AD, a general visual inspection
is: ``A visual examination of an interior or exterior area,
installation, or assembly to detect obvious damage, failure, or
irregularity. This level of inspection is made from within touching
distance unless otherwise specified. A mirror may be necessary to
ensure visual access to all surfaces in the inspection area. This
level of inspection is made under normally available lighting
conditions such as daylight, hangar lighting, flashlight, or
droplight and may require removal or opening of access panels or
doors. Stands, ladders, or platforms may be required to gain
proximity to the area being checked.''
[[Page 53559]]
Credit for Original Issue of Service Bulletin
(i) For Model DC-10-10 and DC-10-10F airplanes; Model DC-10-15
airplanes; Model DC-10-30 and DC-10-30F (KC-10A and KDC-10)
airplanes; Model DC-10-40 and DC-10-40F airplanes; and Model MD-10-
10F and MD-10-30F airplanes: Actions done before the effective date
of this AD in accordance with Boeing Alert Service Bulletin DC10-
29A146, dated April 30, 2001, are acceptable for compliance with the
corresponding requirements of this AD.
Alternative Methods of Compliance (AMOCs)
(j)(1) The Manager, Los Angeles ACO, FAA, has the authority to
approve AMOCs for this AD, if requested in accordance with the
procedures found in 14 CFR 39.19.
(2) Before using any AMOC approved in accordance with Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
Material Incorporated by Reference
(k) You must use the service information identified in Table 1
of this AD to perform the actions that are required by this AD,
unless the AD specifies otherwise.
Table 1--Material Incorporated by Reference
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Service bulletin Revision level Date
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Boeing Alert Service Bulletin DC10- 1............................ April 6, 2005.
29A146.
Boeing Alert Service Bulletin MD11- Original..................... April 30, 2001.
29A060.
McDonnell Douglas DC-10 Service Bulletin Original..................... September 8, 1993.
29-135.
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The Director of the Federal Register approved the incorporation
by reference of these documents in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51. 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 1, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-14939 Filed 9-11-06; 8:45 am]
BILLING CODE 4910-13-P