[Federal Register: November 26, 2008 (Volume 73, Number 229)]
[Proposed Rules]
[Page 71957-71959]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26no08-30]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-0186; Directorate Identifier 2007-NM-226-AD]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model DC-10-10, DC-
10-10F, DC-10-15, DC-10-30, DC-10-30F (KC-10A and KDC-10), DC-10-40,
DC-10-40F, MD-10-10F, and MD-10-30F Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.
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SUMMARY: The FAA is revising an earlier NPRM for an airworthiness
directive (AD) that applies to certain McDonnell Douglas Model DC-10-
10, DC-10-10F, DC-10-15, DC-10-30, DC-10-30F (KC-10A and KDC-10), DC-
10-40, and DC-10-40F airplanes. The original NPRM would have revised an
existing AD that currently requires installing or replacing with
improved parts, as applicable, the bonding straps between the metallic
frame of the fillet and the wing leading edge ribs, on both the left
and right sides of the airplane. The original NPRM proposed to revise
the applicability to clarify the identity of the affected airplanes.
The original NPRM resulted from fuel system reviews conducted by the
manufacturer. This new action proposes to revise the applicability to
add and remove certain airplanes, and to add a requirement to
reposition or replace two bonding straps for certain airplanes. This
new action also proposes to supersede, rather than revise, the existing
AD. We are proposing this supplemental NPRM to reduce the potential of
ignition sources inside fuel tanks in the event of a severe lightning
strike, which, in combination with flammable fuel vapors, could result
in fuel tank explosions and consequent loss of the airplane.
DATES: We must receive comments on this supplemental NPRM by December
22, 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); telephone (206) 544-9990; fax (206) 766-5682;
e-mail DDCS@boeing.com; Internet https://www.myboeingfleet.com.
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: 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:
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-2007-0186;
Directorate Identifier 2007-NM-226-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.
[[Page 71958]]
Discussion
We proposed to amend part 39 of the Federal Aviation Regulations
(14 CFR part 39) with a notice of proposed rulemaking (NPRM) for an AD
(the ``original NPRM'') to revise AD 2006-16-03, amendment 39-14703 (71
FR 43962, August 3, 2006). The original NPRM applied to certain
McDonnell Douglas Model DC-10-10, DC-10-10F, DC-10-15, DC-10-30, DC-10-
30F (KC-10A and KDC-10), DC-10-40, and DC-10-40F airplanes, and MD-10-
10F and MD-10-30F airplanes. The affected airplanes are identified by
the manufacturer's fuselage numbers referenced in the applicable
McDonnell Douglas DC-10 service bulletin (Service Bulletin 53-109,
Revision 4, dated October 7, 1992; or Service Bulletin 53-111, Revision
3, dated August 24, 1992).
The original NPRM was published in the Federal Register on November
13, 2007 (72 FR 63836). The original NPRM proposed to revise AD 2006-
16-03 to clarify the identity of the affected airplanes in the
applicability.
Actions Since Original NPRM Was Issued
Since we issued the original NPRM, Boeing has revised the service
bulletins. Service Bulletin DC10-53-111, Revision 5, dated March 19,
2008, and DC10-53-109, Revision 6, dated July 10, 2008, correct
effectivity errors (to add and remove certain airplanes incorrectly
excluded or included from previous versions). In addition, Service
Bulletin DC10-53-109, Revision 5, now includes an action to reposition
two bonding straps by using new bonding straps that are less
susceptible to cracking. Revision 6 of Service Bulletin DC10-53-109
provides a faster and easier method, which involves replacing the
straps with longer straps instead of relocating them.
The revised service bulletins have been approved by the FAA as
alternative methods of compliance (AMOCs) with the requirements of AD
2006-16-03. Paragraph (i)(3) has been revised in this supplemental NPRM
to include information about these AMOCs.
FAA's Determination and Proposed Requirements of the Supplemental NPRM
The changes discussed above expand the scope of the original NPRM;
therefore, we have determined that it is necessary to reopen the
comment period for revising AD 2006-16-03 to provide additional
opportunity for public comment on this supplemental NPRM. Also, because
of the expanded scope, we must supersede, rather than revise, the AD
2006-16-03.
Costs of Compliance
There are about 457 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs for
U.S. operators to comply with this supplemental NPRM.
Estimated Costs
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Number of U.S.-
Work hours Average labor Parts Cost per airplane registered Fleet cost
rate per hour airplanes
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2-17.................................. $80 Up to $4,169............. Up to $5,529............. 281 Up to $1,553,649.
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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 supplemental NPRM 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.
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
removing amendment 39-14703 (71 FR 43962, August 3, 2006) and adding
the following new airworthiness directive (AD):
McDonnell Douglas: Docket No. FAA-2007-0186; Directorate Identifier
2007-NM-226-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by December
22, 2008.
Affected ADs
(b) This AD supersedes AD 2006-16-03.
Applicability
(c) This AD applies to McDonnell Douglas Model DC-10-10, DC-10-
10F, DC-10-15, DC-10-30, DC-10-30F (KC-10A and KDC-10), DC-10-40,
and DC-10-40F airplanes, and MD-10-10F and MD-10-30F airplanes that
have been converted from Model DC-10 series airplanes; certificated
in any category; with manufacturer's fuselage numbers as identified
in the applicable service bulletin listed in Table 1 of this AD.
[[Page 71959]]
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McDonnell Douglas DC-10 Service
Bulletin -- Revision-- Dated-- For airplanes with--
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DC10-53-109......................... 6 July 10, 2008............... Extended wing-to-fuselage
fillets.
DC10-53-111......................... 5 March 19, 2008.............. Conventional wing-to-
fuselage fillets.
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Unsafe Condition
(d) This AD results from fuel system reviews conducted by the
manufacturer. We are issuing this AD to reduce the potential of
ignition sources inside fuel tanks in the event of a severe
lightning strike, 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.
Restatement of Requirements of AD 2006-16-03
Installation or Replacement
(f) For airplanes with manufacturer's fuselage numbers
identified in the applicable service bulletin listed in Table 2 of
this AD: Within 7,500 flight hours or 60 months after September 7,
2006 (the effective date of AD 2006-16-03), whichever occurs
earlier: Install or replace with improved parts, as applicable, the
bonding straps between the metallic frame of the fillet and the wing
leading edge ribs, on both the left and right sides of the airplane,
in accordance with the Accomplishment Instructions of the applicable
service bulletin identified in Table 1 or Table 2 of this AD.
Table 2--Fuselage Numbers Affected by AD 2006-16-03
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McDonnell Douglas DC-10 Service
Bulletin-- Revision-- Dated-- For airplanes with--
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53-109................................ 4 October 7, 1992....................... Extended wing-to-fuselage fillets.
53-111................................ 3 August 24, 1992....................... Conventional wing-to-fuselage fillets.
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New Requirements of This AD
Installation or Replacement
(g) For airplanes with fuselage numbers not identified in Table
2 of this AD: Within 7,500 flight hours or 60 months, whichever
occurs first after the effective date of this AD, install or replace
with improved parts, as applicable, the bonding straps between the
metallic frame of the fillet and the wing leading edge ribs, on both
the left and right sides of the airplane, and reposition two bonding
straps. Do the actions in accordance with the Accomplishment
Instructions of the applicable service bulletin identified in Table
1 of this AD.
Strap Repositioning for Certain Airplanes
(h) For Configuration 3 airplanes, as identified in McDonnell
Douglas DC-10 Service Bulletin DC10-53-109, Revision 6, dated July
10, 2008: Within 7,500 flight hours or 60 months, whichever occurs
first after the effective date of this AD, reposition two bonding
straps, in accordance with the Accomplishment Instructions of the
service bulletin.
Alternative Methods of Compliance (AMOCs)
(i)(1) The Manager, Los Angeles Aircraft Certification Office
(ACO), FAA, ATTN: Samuel Lee, Aerospace Engineer, 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;
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.
(3) AMOCs approved previously in accordance with AD 2006-16-03
are approved as AMOCs for the corresponding provisions of this AD.
McDonnell Douglas DC-10 Service Bulletins DC10-53-109 and DC10-53-
111, both Revision 5, both dated March 19, 2008, and Service
Bulletin DC10-53-109, Revision 6, dated July 10, 2008, have been
approved by the FAA as an AMOC with the requirements of AD 2006-16-
03.
Issued in Renton, Washington, on November 16, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.
[FR Doc. E8-28129 Filed 11-25-08; 8:45 am]
BILLING CODE 4910-13-P