[Federal Register Volume 73, Number 168 (Thursday, August 28, 2008)]
[Rules and Regulations]
[Pages 50718-50720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19381]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-27339; Directorate Identifier 2006-NM-280-AD;
Amendment 39-15654; AD 2008-17-16]
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 transport category airplanes identified above. This AD requires
modifying the fuel boost pumps. This AD results from a fuel boost pump
found with blown thermal fuses and a fractured thrust washer. We are
issuing this AD to prevent failure of the fuel boost pumps, which could
lead to the potential of ignition sources inside fuel tanks. This
condition, in combination with flammable fuel vapors, could result in
fuel tank explosions and consequent loss of the airplane.
DATES: This AD becomes effective October 2, 2008.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of October 2,
2008.
ADDRESSES: 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 AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone 800-647-5527) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
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:
Discussion
The FAA issued a supplemental 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, and Model MD-11 and MD-11F airplanes. That
supplemental NPRM was published in the Federal Register on March 7,
2008 (73 FR 12301). That supplemental NPRM proposed to require
modifying the fuel boost pumps.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.
Support for the Supplemental NPRM
FedEx agrees with the technical aspects of the supplemental NPRM.
Request to Allow Use of Parts Manufacture Approval (PMA) Parts
Wencor West requests that we revise the supplemental NPRM to allow
the use of PMA part numbers (P/Ns) 60-84744WE, 60-06561WE, 60-01317WE,
and 60-02927WE as acceptable means of compliance for the replacement of
Hydro-Aire fuel boost pumps having P/Ns 60-84744, 60-06561, 60-01317,
and 60-02927, respectively. Wencor West states that these PMA parts
were developed through the test and computation method governed by
section 21.303 (``Replacement and modification parts'') of the Federal
Aviation Regulations (14 CFR 21.303) and FAA Order 8110-42B. Wencor
West also states that the FAA found the PMA parts to be equal to and
interchangeable with the Hydro-Aire parts. In addition, Wencor West
requests that we clarify that certain other PMA parts, which may be
used when doing further maintenance or overhaul of the pump, continue
to be approved as equivalents to the original equipment manufacturer
parts.
We disagree with revising this AD. Boeing conducted safety
assessments of the fuel tank systems approved by the Los Angeles
Aircraft Certification Office (ACO). As a result, we issued AD 2008-06-
21, amendment 39-15433 (73 FR 14673, March 19, 2008), to require
revising the FAA-approved maintenance program to incorporate new
Airworthiness Limitations for the fuel tank systems to satisfy the
requirements of Special Federal Aviation Regulation No. 88. That AD, in
part, addressed maintenance of the fuel boost pumps. Any deviation from
the safety assessment conducted by Boeing, including the use of PMA
parts on the fuel boost pumps, must be approved by the Manager, Los
Angeles ACO. Consequently, all previously approved PMA parts must be
re-evaluated to determine whether an equivalent level of safety for
each part meets the approved safety assessment. Therefore, engineering
design approval of the PMA parts manufactured by Wencor West must be
approved as an alternative method of compliance (AMOC) under the
provisions of paragraph (h) of this AD. We will consider requests for
approval of an AMOC if sufficient data are submitted to substantiate
that the design change would provide an acceptable level of safety. We
have not changed the AD in this regard.
[[Page 50719]]
Request to Revise Cost of Compliance
FedEx requests that we revise the Costs of Compliance section of
the supplemental NPRM to reflect a figure that is more representative
of an operator's cost. FedEx points out that Crane Hydro-Aire Service
Bulletin 60-847-28-3, dated July 2, 2007, estimates that replacement
parts cost $639.64, labor costs $445.50, and removal and installation
of the fuel pump cost $107.80. These figures total $1,192.94 per fuel
pump. Given that this AD affects about 360 airplanes of U.S. registry
equipped with 10 to 19 fuel pumps, FedEx estimates that the total fleet
cost is between $4,294,584 and $8,159,709, or between $11,929 and
$22,665 per airplane.
FedEx also points out that Crane Hydro-Aire Service Bulletin 60-
847-28-3 states that if a pump assembly requires additional repair,
then the repair will be quoted separately. FedEx states that it would
be unrealistic to think that there will not be repair/overhaul costs
associated with this modification. FedEx's experience has shown that
about 80 percent of the fuel pumps, removed due to inspection or
modification, resulted in repair or overhaul of the pump. FedEx,
therefore, estimates that at least 50 percent of the fuel pumps in-
service will need to be repaired or overhauled at a cost of $5,000 per
pump. FedEx estimates that repair/overhaul will cost at least
$9,000,000 (360 airplanes x 5 pumps x $5,000). FedEx states that this
cost for repair/overhaul of the fuel pump should also be included in
the Costs of Compliance section.
We disagree with revising the Costs of Compliance section. When
developing the Costs of Compliance for an AD we take into account the
estimated work hours and parts cost provided by the manufacturer.
Paragraph 1.G. of Crane Hydro-Aire Service Bulletin 60-847-28-3
estimates that the modification would take about 3 work hours, which we
used with our estimated average labor rate of $80 per work hour to
determine the total labor costs. The economic analysis, however, is
limited only to the cost of actions actually required by the rule. It
does not consider the costs of routine maintenance. We have not changed
the AD in this regard.
Clarification of AMOC Paragraph
We have revised this action to clarify the appropriate procedure
for notifying the principal inspector before using any approved AMOC on
any airplane to which the AMOC applies.
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 512 airplanes of the affected design in the
worldwide fleet. This AD affects about 360 airplanes of U.S. registry.
The required modification takes about 3 work hours per fuel boost pump,
at an average labor rate of $80 per work hour. Required parts cost
about $640 per fuel boost pump. Depending on the airplane
configuration, there are between 10 and 19 fuel boost pumps per
airplane. Based on these figures, the estimated cost of this AD for
U.S. operators is between $3,168,000 and $6,019,200, or between $8,800
and $16,720 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 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):
2008-17-16 McDonnell Douglas: Amendment 39-15654. Docket No. FAA-
2007-27339; Directorate Identifier 2006-NM-280-AD.
Effective Date
(a) This AD becomes effective October 2, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to the airplanes identified in paragraphs
(c)(1) and (c)(2) of this AD, certificated in any category.
(1) 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, and Model
MD-10-10F and MD-10-30F airplanes; as identified in Boeing Alert
Service Bulletin DC10-28A254, Revision 1, dated September 12, 2007.
(2) McDonnell Douglas Model MD-11 and MD-11F airplanes, as
identified in Boeing Alert Service Bulletin MD11-28A134, Revision 1,
dated September 6, 2007.
Unsafe Condition
(d) This AD results from a fuel boost pump found with blown
thermal fuses and a fractured thrust washer. We are issuing this AD
to prevent failure of the fuel boost
[[Page 50720]]
pumps, which could lead to the potential of ignition sources inside
fuel tanks. This condition, in combination with flammable fuel
vapors, could result in fuel tank explosions and consequent loss of
the airplane.
Compliance
(e) Comply with this AD within the compliance times specified,
unless already done.
Service Bulletin Reference Paragraph
(f) The term ``service bulletin,'' as used in this AD, means the
following service bulletins, as applicable:
(1) For the airplanes identified in paragraph (c)(1) of this AD,
Boeing Alert Service Bulletin DC10-28A254, Revision 1, dated
September 12, 2007.
(2) For the airplanes identified in paragraph (c)(2) of this AD,
Boeing Alert Service Bulletin MD11-28A134, Revision 1, dated
September 6, 2007.
Note 1: Boeing Alert Service Bulletin DC10-28A254, Revision 1,
dated September 12, 2007; and Boeing Alert Service Bulletin MD11-
28A134, Revision 1, dated September 6, 2007; refer to Crane Hydro-
Aire Service Bulletin 60-847-28-3, Revision 1, dated July 2, 2007,
as an additional source of service information for accomplishing the
modification in paragraph (g) of this AD.
Modification
(g) At the applicable compliance time specified in paragraph
(g)(1) or (g)(2) of this AD, modify the fuel boost pumps having part
numbers 60-847-1A, -2, or -3, in accordance with the Accomplishment
Instructions of the applicable service bulletin.
(1) For fuel boost pumps identified as Configuration 1 or 2 in
Table 1 of paragraph 1.E. of the applicable service bulletin, do the
modification within 120 months after the effective date of this AD.
(2) For fuel boost pumps identified as Configuration 3 in Table
1 of paragraph 1.E. of the applicable service bulletin, do the
modification within 72 months after the effective date of this AD.
Alternative Methods of Compliance (AMOCs)
(h)(1) The Manager, Los Angeles Aircraft Certification Office
(ACO), FAA, ATTN: Samuel Lee, Aerospace Engineer, Propulsion Branch,
ANM-140L, FAA, Los Angeles ACO, 3960 Paramount Boulevard, Lakewood,
California 90712-4137; telephone (562) 627-5262; fax (562) 627-5210;
has the authority to approve AMOCs for this AD, if requested using
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.
Material Incorporated by Reference
(i) You must use Boeing Alert Service Bulletin DC10-28A254,
Revision 1, dated September 12, 2007; or Boeing Alert Service
Bulletin MD11-28A134, Revision 1, dated September 6, 2007; as
applicable, to perform the actions that are required by this AD,
unless the AD specifies otherwise. 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 FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call 202-741-6030, or
go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Renton, Washington, on August 12, 2008.
Michael J Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-19381 Filed 8-27-08; 8:45 am]
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