[Federal Register: November 19, 2007 (Volume 72, Number 222)]
[Proposed Rules]
[Page 64957-64960]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19no07-15]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-0201; Directorate Identifier 2007-NM-163-AD]
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: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all McDonnell Douglas airplane models identified above. This
proposed AD would require revising the FAA-approved maintenance
program, or the Airworthiness Limitations (AWLs) section of the
Instructions for Continued Airworthiness, as applicable, to incorporate
new AWLs for fuel tank systems to satisfy Special Federal Aviation
Regulation No. 88 requirements. For certain airplanes, this proposed AD
would also require the initial accomplishment of a certain repetitive
AWL inspection to phase in that inspection, and repair if necessary.
This proposed AD results from a design review of the fuel tank systems.
We are proposing this AD to prevent the potential for ignition sources
inside fuel tanks caused by latent failures, alterations, repairs, or
maintenance actions, which, in combination with flammable fuel vapors,
could result in a fuel tank explosion and consequent loss of the
airplane.
DATES: We must receive comments on this proposed AD by January 3, 2008.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For service information identified in this AD, contact Boeing
Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard,
Long Beach, California 90846, Attention: Data and Service Management,
Dept. C1-L5A (D800-0024).
Examining the AD Docket
You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone 800-647-5527) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT: Philip C. Kush, Aerospace Engineer,
Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137;
telephone (562) 627-5263; fax (562) 627-5210.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2007-0201;
Directorate Identifier 2007-NM-163-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
The FAA has examined the underlying safety issues involved in fuel
tank explosions on several large transport airplanes, including the
adequacy of existing regulations, the service history of airplanes
subject to those regulations, and existing maintenance practices for
fuel tank systems. As a result of those findings, we issued a
regulation titled ``Transport Airplane Fuel Tank System Design Review,
Flammability Reduction and Maintenance and Inspection Requirements''
(66 FR 23086, May 7, 2001). In addition to new airworthiness standards
for transport airplanes and new maintenance requirements, this rule
included Special Federal Aviation Regulation No. 88 (``SFAR 88,''
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
Among other actions, SFAR 88 requires certain type design (i.e.,
type certificate (TC) and supplemental type certificate (STC)) holders
to substantiate that their fuel tank systems can prevent ignition
sources in the fuel tanks. This requirement applies to type design
holders for large turbine-powered transport airplanes and for
subsequent modifications to those airplanes. It requires them to
perform design reviews and to develop design changes and maintenance
procedures if their designs do not meet the new fuel tank safety
standards. As explained in the preamble to the rule, we intended to
adopt airworthiness directives to mandate any changes found necessary
to address unsafe conditions identified as a result of these reviews.
In evaluating these design reviews, we have established four
criteria intended to define the unsafe conditions associated with fuel
tank systems that require corrective actions. The percentage of
operating time during which fuel tanks are exposed to
[[Page 64958]]
flammable conditions is one of these criteria. The other three criteria
address the failure types under evaluation: Single failures, single
failures in combination with another latent condition(s), and in-
service failure experience. For all four criteria, the evaluations
included consideration of previous actions taken that may mitigate the
need for further action.
We have determined that the actions identified in this proposed AD
are necessary to reduce the potential of ignition sources inside fuel
tanks, which, in combination with flammable fuel vapors, could result
in a fuel tank explosion and consequent loss of the airplane.
Relevant Service Information
We have reviewed the following appendixes of the Boeing Trijet
Special Compliance Item Report, MDC-02K1003, Revision C, dated July 24,
2007 (hereafter referred to as ``Report MDC-02K1003''):
Appendix B, Critical Design Configuration Control
Limitations (CDCCLs)
Appendix C, Airworthiness Limitation Instructions (ALIs)
Appendix D, Short-Term Extensions
Appendixes B and C of Report MDC-02K1003 describe new airworthiness
limitations (AWLs) for fuel tank systems. The new AWLs include:
CDCCLs, which are limitation requirements to preserve a
critical ignition source prevention feature of the fuel tank system
design that is necessary to prevent the occurrence of an unsafe
condition. The purpose of a CDCCL is to provide instruction to retain
the critical ignition source prevention feature during configuration
change that may be caused by alterations, repairs, or maintenance
actions. A CDCCL is not a periodic inspection, and
AWL inspections, which are periodic inspections of certain
features for latent failures that could contribute to an ignition
source.
Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition.
FAA's Determination and Requirements of the Proposed AD
We have evaluated all pertinent information and identified an
unsafe condition that is likely to exist or develop on other airplanes
of this same type design. For this reason, we are proposing this AD,
which would require revising the FAA-approved maintenance program, or
the AWLs section of the Instructions for Continued Airworthiness, as
applicable, by incorporating the information in Appendixes B, C, and D
of Report MDC-02K1003. For certain airplanes, this proposed AD would
also require the initial accomplishment of a certain repetitive AWL
inspection to phase in that inspection, and repair if necessary.
Explanation of Compliance Time
In most ADs, we adopt a compliance time allowing a specified amount
of time after the AD's effective date. In this case, however, the FAA
has already issued regulations that require operators to revise their
maintenance/inspection programs to address fuel tank safety issues. The
compliance date for these regulations is December 16, 2008. To provide
for efficient and coordinated implementation of these regulations and
this proposed AD, we are using this same compliance date in this
proposed AD.
Rework Required When Implementing AWLs Into an Existing Fleet
The maintenance program revision specified in paragraph (g) of this
proposed AD, and the AWLs revision specified in paragraph (h) of this
proposed AD, for the fuel tank systems, which involve incorporating the
information specified in Report MDC-02K1003, would affect how operators
maintain their airplanes. After doing the maintenance program revision
or AWLs revision, as applicable, operators would need to do any
maintenance on the fuel tank system as specified in the CDCCLs.
Maintenance done before the maintenance program revision specified in
paragraph (g), or the AWLs revision specified in paragraph (h), as
applicable, would not need to be redone in order to comply with
paragraph (g) or (h). For example, the AWL that requires fuel pumps to
be repaired and overhauled per the FAA-approved component maintenance
manual (CMM) applies to fuel pumps repaired after the maintenance
programs are revised; spare or on-wing fuel pumps do not need to be
reworked. For AWLs that require repetitive inspections, the initial
inspection interval (threshold) starts from the date that the
maintenance program revision specified in paragraph (g), or the AWLs
revision specified in paragraph (h), as applicable, is done, except as
provided by paragraph (i) of this proposed AD. This proposed AD would
require only the applicable maintenance program revision or AWL
revision specified in this proposed AD and the initial inspection
specified in paragraph (i). No other fleet-wide inspections need to be
done.
Changes to Fuel Tank System AWLs
For certain airplanes, paragraph (g) of this proposed AD would
require revising the FAA-approved maintenance program by incorporating
certain information specified in Report MDC-02K1003. For certain other
airplanes, paragraph (h) of this proposed AD would require revising the
AWLs section of the Instructions for Continued Airworthiness by
incorporating certain information specified in Report MDC-02K1003.
Paragraphs (g) and (h) allow accomplishing the revision in accordance
with later revisions of Report MDC-02K1003 as an acceptable method of
compliance if they are approved by the Manager, Los Angeles Aircraft
Certification Office (ACO), FAA. For certain airplanes, paragraph (i)
of this AD allows accomplishing the initial inspection and repair in
accordance with later revisions of Report MDC-02K1003 as an acceptable
method of compliance if they are approved by the Manager, Los Angeles
ACO. In addition, Appendixes B and C of Report MDC-02K1003 specify that
any deviations from the published AWL instructions, including AWL
intervals, must be approved by the Manager, Los Angeles ACO. Therefore,
after the maintenance program or AWLs revision, any further revision to
an AWL or AWL interval should be done as an AWL change, not as an
alternative method of compliance (AMOC). For U.S.-registered airplanes,
operators must make requests through an appropriate FAA Principal
Maintenance Inspector (PMI) or Principal Avionics Inspector (PAI) for
approval by the Manager, Los Angeles ACO. A non-U.S. operator should
coordinate changes with its governing regulatory agency.
Exceptional Short-Term Extensions
Appendix D of Report MDC-02K1003 has provisions for an exceptional
short-term extension of 30 days. An exceptional short-term extension is
an increase in an AWL interval that may be needed to cover an
uncontrollable or unexpected situation. For U.S.-registered airplanes,
the FAA PMI or PAI must concur with any exceptional short-term
extension before it is used, unless the operator has identified another
appropriate procedure with the local regulatory authority. The FAA PMI
or PAI may grant the exceptional short-term extensions described in
Appendix D without consultation with the Manager, Los Angeles ACO. A
non-U.S. operator should coordinate changes with its governing
regulatory agency. As explained in Appendix D, exceptional short-term
extensions must not be used
[[Page 64959]]
for fleet AWL extensions. An exceptional short-term extension should
not be confused with an operator's short-term escalation authorization
approved in accordance with the Operations Specifications or the
operator's reliability program.
Ensuring Compliance With Fuel Tank System AWLs
Boeing has revised the applicable maintenance manuals and task
cards to address AWLs and to include notes about CDCCLs. Operators that
do not use Boeing's revision service should revise their maintenance
manuals and task cards to highlight actions tied to CDCCLs to ensure
that maintenance personnel are complying with the CDCCLs.
Recording Compliance With Fuel Tank System AWLs
The applicable operating rules of the Federal Aviation Regulations
(14 CFR parts 91, 121, 125, and 129) require operators to maintain
records with the identification of the current inspection status of an
airplane. The AWLs contained in Appendix C of Report MDC-02K1003 are
inspections for which the applicable sections of the operating rules
apply. The AWLs contained in Appendix B of Report MDC-02K1003 are
CDCCLs, which are tied to conditional maintenance actions. An entry
into an operator's existing maintenance record system for corrective
action is sufficient for recording compliance with CDCCLs, as long as
the applicable maintenance manual and task cards identify actions that
are CDCCLs.
Changes to Component Maintenance Manuals (CMMs) Cited in Fuel Tank
System AWLs
Some of the AWLs in Appendix B of Report MDC-02K1003 refer to
specific revision levels of the CMMs as additional sources of service
information for doing the AWLs. Boeing is referring to the CMMs by
revision level in the applicable AWL for certain components rather than
including information directly in the AWL because of the volume of that
information. As a result, the Manager, Los Angeles ACO, must approve
the CMMs. Any later revision of those CMMs will be handled like a
change to the AWL itself. Any use of parts (including the use of parts
manufacturer approval (PMA) approved parts), methods, techniques, and
practices not contained in the CMMs need to be approved by the Manager,
Los Angeles ACO, or governing regulatory authority. For example,
certain pump repair/overhaul manuals must be approved by the Manager,
Los Angeles ACO.
Changes to Airplane Maintenance Manual Referenced in Fuel Tank System
AWLs
In other AWLs in Report MDC-02K1003, the AWLs contain all the
necessary data. The applicable section of the maintenance manual is
usually included in the AWLs. Boeing intended this information to
assist operators in maintaining the maintenance manuals. A maintenance
manual change to these tasks may be made without approval by the
Manager, Los Angeles ACO, through an appropriate FAA PMI or PAI, by the
governing regulatory authority, or by using the operator's standard
process for revising maintenance manuals. An acceptable change would
have to maintain the information specified in the AWL such as the pass/
fail criteria or special test equipment.
Difference Between the Proposed AD and Service Information
Although Report MDC-02K1003 specifies to submit certain information
to the manufacturer, this proposed AD does not include that
requirement.
Costs of Compliance
There are about 300 airplanes of the affected design in the
worldwide fleet. This proposed AD would affect about 180 airplanes of
U.S. registry. The proposed actions would take about 1 work hour per
airplane, at an average labor rate of $80 per work hour. Based on these
figures, the estimated cost of the proposed AD for U.S. operators is
$14,400, or $80 per airplane.
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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD 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.
For the reasons discussed above, I certify that the 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. 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 proposed 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, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
McDonnell Douglas: Docket No. FAA-2007-0201; Directorate Identifier
2007-NM-163-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by January
3, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all 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-
[[Page 64960]]
11 and MD-11F airplanes, certificated in any category.
Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections and maintenance
actions. Compliance with these limitations is required by 14 CFR
43.16 and 91.403(c). For airplanes that have been previously
modified, altered, or repaired in the areas addressed by these
limitations, the operator may not be able to accomplish the actions
described in the revisions. In this situation, to comply with 14 CFR
43.16 and 91.403(c), the operator must request approval for revision
to the airworthiness limitations (AWLs) in the Boeing Trijet Special
Compliance Item Report, MDC-02K1003, according to paragraph (g),
(h), or (k) of this AD, as applicable.
Unsafe Condition
(d) This AD results from a design review of the fuel tank
systems. We are issuing this AD to prevent the potential for
ignition sources inside fuel tanks caused by latent failures,
alterations, repairs, or maintenance actions, which, in combination
with flammable fuel vapors, could result in a fuel tank explosion
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.
Service Information Reference
(f) The term ``Report MDC-02K1003'' as used in this AD, means
the Boeing Trijet Special Compliance Item Report, MDC-02K1003,
Revision C, dated July 24, 2007.
Revise the FAA-Approved Maintenance Program
(g) 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, and Model DC-10-40 and DC-10-40F airplanes: Before
December 16, 2008, revise the FAA-approved maintenance program to
incorporate the information specified in Appendixes B, C, and D of
Report MDC-02K1003. Accomplishing the revision in accordance with a
later revision of Report MDC-02K1003 is an acceptable method of
compliance if the revision is approved by the Manager, Los Angeles
Aircraft Certification Office (ACO), FAA.
Revise the AWLs Section
(h) For Model MD-10-10F and MD-10-30F airplanes, and Model MD-11
and MD-11F airplanes: Before December 16, 2008, revise the AWLs
section of the Instructions for Continued Airworthiness to
incorporate the information specified in Appendixes B, C, and D of
Report MDC-02K1003, except that the initial inspection required by
paragraph (i) of this AD must be done at the applicable compliance
time specified in that paragraph. Accomplishing the revision in
accordance with a later revision of Report MDC-02K1003 is an
acceptable method of compliance if the revision is approved by the
Manager, Los Angeles ACO.
Initial Inspection and Repair If Necessary
(i) For Model MD-11 and MD-11F airplanes: Within 60 months after
the effective date of this AD, do a detailed inspection of the
metallic overbraiding and red-wrap tape installed on the tail tank
fuel quantity indication system (FQIS) wiring to verify if the
metallic overbraiding or red-wrap tape is damaged or shows signs of
deterioration, in accordance with ALI 20-2 of Appendix C of Report
MDC-02K1003. If any discrepancy is found during the inspection,
repair the discrepancy before further flight in accordance with ALI
20-2 of Appendix C of Report MDC-02K1003. Accomplishing the actions
required by this paragraph in accordance with a later revision of
Report MDC-02K1003 is an acceptable method of compliance if the
revision is approved by the Manager, Los Angeles ACO.
Note 2: For the purposes of this AD, a detailed inspection is:
``An intensive examination of a specific item, installation, or
assembly to detect damage, failure, or irregularity. Available
lighting is normally supplemented with a direct source of good
lighting at an intensity deemed appropriate. Inspection aids such as
mirror, magnifying lenses, etc., may be necessary. Surface cleaning
and elaborate procedures may be required.''
No Reporting Requirement
(j) Although Report MDC-02K1003 specifies to submit certain
information to the manufacturer, this AD does not require that
action.
Alternative Methods of Compliance (AMOCs)
(k)(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) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
Issued in Renton, Washington, on November 7, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-22547 Filed 11-16-07; 8:45 am]
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