[Federal Register Volume 71, Number 176 (Tuesday, September 12, 2006)]
[Rules and Regulations]
[Pages 53556-53559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14939]


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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