[Federal Register Volume 72, Number 183 (Friday, September 21, 2007)]
[Rules and Regulations]
[Pages 53927-53928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-18459]



[[Page 53927]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28301; Directorate Identifier 2007-NM-061-AD; 
Amendment 39-15208; AD 2007-19-17]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model MD-11, MD-11F, 
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: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
McDonnell Douglas Model MD-11 and MD-11F airplanes and certain 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. This AD 
requires rerouting system 3 hydraulic piping, installing new pipe 
assemblies and unions, and installing redesigned support brackets for 
the system 3 hydraulic piping. This AD results from a report of damage 
to the hydraulic system that occurred when pieces of a ruptured tire 
from the left main landing gear penetrated the wing trailing edge 
access panel during takeoff. We are issuing this AD to prevent damage 
to the system 3 hydraulic piping, which could result in loss of the 
hydraulic system.

DATES: This AD becomes effective October 26, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of October 26, 
2007.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue, SE., 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 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 AD docket on the Internet at http://dms.dot.gov 
or in person at the Docket Operations office between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The Docket Operations 
office (telephone (800) 647-5527) is located on the ground floor of the 
West Building at the DOT 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 all McDonnell Douglas 
Model MD-11 and MD-11F airplanes and certain 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. That NPRM was published in the 
Federal Register on May 29, 2007 (72 FR 29447). That NPRM proposed to 
require rerouting system 3 hydraulic piping, installing new pipe 
assemblies and unions, and installing redesigned support brackets for 
the system 3 hydraulic piping.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comment received.

Request To Extend the Compliance Time

    The NPRM specified a 2-year compliance time for the modification. 
According to the commenter, the U.S. Air Force, this is not enough time 
to modify the 59 airplanes in its Model KC-10 fleet, at a current C-
check interval of 2 years. The commenter requests that we revise the 
proposed compliance time from 2 years to 5 years, in light of the lead 
time necessary to order parts and the U.S. Air Force's low usage rate 
relative to that of the commercial operators.
    We do not agree with the request. Boeing has confirmed that parts 
will be available to accommodate the 2-year lead time necessary to 
accomplish the requirements of this AD. We have not changed the AD 
regarding this issue. However, according to the provisions of paragraph 
(h) of this AD, we may approve requests to adjust the compliance time 
if the request includes data that prove that the new compliance time 
would provide an acceptable level of safety.

Changes to NPRM

    We have revised this final rule to refer to the service bulletins 
as Boeing (not McDonnell Douglas) Alert Service Bulletin MC11-29A068 
and Boeing (not McDonnell Douglas) Alert Service Bulletin DC10-29A147.
    Proposed paragraph (f) specified to reroute ``system hydraulic 
piping.'' We have revised this final rule to specify that rerouting the 
piping must be done on ``system 3 hydraulic piping.''

Conclusion

    We have carefully reviewed the available data, including the 
comment received, and determined that air safety and the public 
interest require adopting the AD with the changes described previously. 
We have determined that these changes will neither increase the 
economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    There are about 430 airplanes of the affected design in the 
worldwide fleet. The following table provides the estimated costs for 
U.S. operators to comply with this AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                              Number of U.S.-
     Work hours        Average labor         Parts         Cost per airplane    registered        Fleet cost
                       rate per hour                                             airplanes
----------------------------------------------------------------------------------------------------------------
60..................             $80  $14,020 to $14,620  $18,820 to $19,420             260  $4,893,200 to
                                                                                               $5,049,200.
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[[Page 53928]]

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):

2007-19-17 McDonnell Douglas: Amendment 39-15208. Docket No. FAA-
2007-28301; Directorate Identifier 2007-NM-061-AD.

Effective Date

    (a) This AD becomes effective October 26, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the following McDonnell Douglas 
airplanes, certificated in any category:
    (1) All Model MD-11 and MD-11F airplanes.
    (2) 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; as identified in Boeing Alert Service Bulletin DC10-
29A147, dated February 9, 2007.

Unsafe Condition

    (d) This AD results from a report of damage to the hydraulic 
system that occurred when pieces of a ruptured tire from the left 
main landing gear penetrated the wing trailing edge access panel 
during takeoff. We are issuing this AD to prevent damage to the 
system 3 hydraulic piping, which could result in loss of the 
hydraulic system.

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.

Modification

    (f) Within 24 months after the effective date of this AD, 
reroute system 3 hydraulic piping, install new pipe assemblies and 
unions, and install redesigned support brackets for system 3 
hydraulic piping. Do these actions in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin MD11-
29A068, Revision 1, dated February 9, 2007 (for Model MD-11 and MD-
11F airplanes); or Boeing Alert Service Bulletin DC10-29A147, dated 
February 9, 2007 (for 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).
    (g) Accomplishment before the effective date of this AD of the 
modification required by paragraph (f) of this AD in accordance with 
Boeing Alert Service Bulletin MD11-29A068, dated January 23, 2007, 
is acceptable for compliance with the requirements of paragraph (f) 
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 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.

Material Incorporated by Reference

    (i) You must use Boeing Alert Service Bulletin MD11-29A068, 
Revision 1, dated February 9, 2007; or Boeing Alert Service Bulletin 
DC10-29A147, dated February 9, 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 September 10, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-18459 Filed 9-20-07; 8:45 am]
BILLING CODE 4910-13-P