[Federal Register Volume 75, Number 120 (Wednesday, June 23, 2010)]
[Rules and Regulations]
[Pages 35611-35613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14982]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0043; Directorate Identifier 2009-NM-128-AD;
Amendment 39-16337; AD 2010-13-06]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Corporation Model DC-
10-10, DC-10-10F, and MD-10-10F Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Model DC-10-10, DC-10-10F, and MD-10-10F airplanes. This AD requires a
one-time high frequency eddy current inspection of fastener holes for
cracks at the left and right side wing rear spar lower cap at station
Xors=345, and other specified and corrective actions if necessary. This
AD results from a report of three instances of Model DC-10-10F
airplanes having fuel leaks in the wing rear spar lower cap at station
Xors=345. We are issuing this AD to prevent cracks in the spar cap,
which could lead to cracking of the lower wing skin, fuel leaks, and
the inability of the structure to sustain limit load.
DATES: This AD is effective July 28, 2010.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of July 28,
2010.
ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
3855 Lakewood Boulevard, MC D800-0019, Long Beach, California 90846-
0001; telephone 206-544-5000, extension 2; fax 206-766-5683; e-mail
[email protected]; 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 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: Nenita Odesa, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137;
telephone (562) 627-5234; fax (562) 627-5210.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
certain McDonnell Douglas Model DC-10-10, DC-10-10F, and MD-10-10F
airplanes. That NPRM was published in the Federal Register on January
19, 2010 (75 FR 2831). That NPRM proposed to require a one-time high
frequency eddy current inspection of fastener holes for cracks at the
left and right side wing rear spar lower cap at station Xors=345, and
other specified and corrective actions if necessary.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received. FedEx supports the NPRM
with the following comment.
Request for Clarification Regarding Estimated Costs
FedEx states that the numbers in the Estimated Costs table of the
NPRM do not match the numbers in Boeing Alert Service Bulletin DC10-
57A157, dated May 12, 2009. FedEx states that the cost per airplane is
either $944 or $1,319 for parts, and requires 42.4 work-hours, totaling
either $4,711 or $4,336 per airplane depending on group, according to
the service bulletin. FedEx states that the NPRM gives a cost estimate
of $160 per airplane.
We infer that the commenter wants clarification regarding the
difference in the estimated costs. Since issuance of the NPRM, we have
increased the labor rate used in the Costs of Compliance from $80 per
work-hour to $85 per work-hour. The Costs of Compliance information,
below, reflects this increase in the specified hourly labor rate. The
cost of the required inspection is 2 hours at $85 per work-hour,
totaling $170 per airplane. The service bulletin includes costs for on-
condition actions, including $944 or $1,319 for the cost of parts and
42.4 work-hours. However, the economic analysis of an AD is limited to
the cost of actions that are actually required. The economic analysis
does not consider the costs of on-condition actions, such as repairing
a crack detected during a required inspection (``repair, if
necessary''). Such on-condition repairs would be required--regardless
of AD direction--to correct an unsafe condition identified in an
airplane and to ensure that the airplane is operated in an airworthy
condition, as required by the Federal Aviation Regulations. We have not
changed the AD in this regard.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD as proposed.
Costs of Compliance
We estimate that this AD affects 68 airplanes of U.S. registry. The
following
[[Page 35612]]
table provides the estimated costs for U.S. operators to comply with
this AD.
Table--Estimated Costs
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Number of U.S.-
Action Work hours Average labor Cost per registered Fleet cost
rate per hour product airplanes
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Inspection......................................................... 2 $85 $170 68 $11,560
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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
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.
You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.
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 FAA amends Sec. 39.13 by adding the following new AD:
2010-13-06 McDonnell Douglas Corporation: Amendment 39-16337. Docket
No. FAA-2010-0043; Directorate Identifier 2009-NM-128-AD.
Effective Date
(a) This airworthiness directive (AD) is effective July 28,
2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to McDonnell Douglas Corporation Model DC-
10-10, DC-10-10F, and MD-10-10F airplanes, certificated in any
category, as specified in Boeing Alert Service Bulletin DC10-57A157,
dated May 12, 2009.
Subject
(d) Air Transport Association (ATA) of America Code 57: Wings.
Unsafe Condition
(e) This AD results from a report of three instances of Model
DC-10-10F airplanes having fuel leaks in the wing rear spar lower
cap at station Xors=345. The Federal Aviation Administration is
issuing this AD to prevent cracking in the spar cap, which could
lead to cracking of the lower wing skin, fuel leaks, and the
inability of the structure to sustain limit load.
Compliance
(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Inspection
(g) Within 3,000 flight cycles after the effective date of this
AD, do a one-time high frequency eddy current inspection for
cracking of fastener holes at the left and right side wing rear spar
lower cap at station Xors=345, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin DC10-57A157, dated May
12, 2009.
(1) If no cracking is found, before further flight, cold work
open holes and install new second oversize fasteners and nut
assemblies in the left and right side wing rear spar lower cap, in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin DC10-57A157, dated May 12, 2009.
(2) If any cracking is found during any inspection required by
this AD, before further flight, repair the left and right side wing
rear spar lower cap using a method approved in accordance with the
procedures specified in paragraph (h) of this AD.
Alternative Methods of Compliance (AMOCs)
(h)(1) The Manager, Los Angeles Aircraft Certification Office
(ACO), FAA, has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Nenita Odesa, Aerospace Engineer, Airframe
Branch, ANM-120L, FAA, Los Angeles ACO, 3960 Paramount Boulevard,
Lakewood, California 90712-4137; telephone (562) 627-5234; fax (562)
627-5210.
(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 principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
(3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD, if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Los Angeles ACO, to
make those findings. For a repair method to be approved, the repair
must meet the certification basis of the airplane and 14 CFR 25.571,
Amendment 45, and the approval must specifically refer to this AD.
Material Incorporated by Reference
(i) You must use Boeing Alert Service Bulletin DC10-57A157,
dated May 12, 2009, to do the actions required by this AD, unless
the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
[[Page 35613]]
(2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
3855 Lakewood Boulevard, MC D800-0019, Long Beach, California 90846-
0001; telephone 206-544-5000, extension 2; fax 206-766-5683; e-mail
[email protected]; Internet https://www.myboeingfleet.com.
(3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call 425-227-1221.
(4) You may also review copies of the service information that
is incorporated by reference 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/code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on June 10, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-14982 Filed 6-22-10; 8:45 am]
BILLING CODE 4910-13-P