[Federal Register Volume 73, Number 54 (Wednesday, March 19, 2008)]
[Rules and Regulations]
[Pages 14673-14676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5145]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0201; Directorate Identifier 2007-NM-163-AD; 
Amendment 39-15433; AD 2008-06-21]
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), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all 
McDonnell Douglas airplane models identified above. This AD requires 
revising the FAA-approved maintenance program, or the Airworthiness 
Limitations (AWLs) section of the Instructions for Continued 
Airworthiness, as applicable, to incorporate new AWLs for fuel tank 
systems to satisfy Special Federal Aviation Regulation No. 88 
requirements. For certain airplanes, this AD also requires the initial 
accomplishment of a certain repetitive AWL inspection to phase in that 
inspection, and repair if necessary. This AD results from a design 
review of the fuel tank systems. We are issuing this AD to prevent the 
potential for ignition sources inside fuel tanks caused by latent 
failures, alterations, repairs, or maintenance actions, which, in 
combination with flammable fuel vapors, could result in a fuel tank 
explosion and consequent loss of the airplane.

DATES: This AD is effective April 23, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 23, 
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: Philip C. Kush, Aerospace Engineer, 
Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; 
telephone (562) 627-5263; 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 
all 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)

[[Page 14674]]

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 NPRM 
was published in the Federal Register on November 19, 2007 (72 FR 
64957). That NPRM proposed to require revising the FAA-approved 
maintenance program, or the Airworthiness Limitations (AWLs) section of 
the Instructions for Continued Airworthiness, as applicable, to 
incorporate new AWLs for fuel tank systems to satisfy Special Federal 
Aviation Regulation No. 88 requirements. For certain airplanes, that 
NPRM also proposed to require the initial accomplishment of a certain 
repetitive AWL inspection to phase in that inspection, and repair if 
necessary.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received from the two commenters.

Changes Made to This AD

    For standardization purposes, we have revised this AD in the 
following ways:
     We have added a new paragraph (k) to this AD to specify 
that no alternative inspections, inspection intervals, or critical 
design configuration control limitations (CDCCLs) may be used unless 
they are part of a later approved revision of the Boeing Trijet Special 
Compliance Item Report, MDC-02K1003, Revision C, dated July 24, 2007 
(hereafter referred to as ``Report MDC-02K1003''), or unless they are 
approved as an alternative method of compliance (AMOC). Inclusion of 
this paragraph in the AD is intended to ensure that the AD-mandated 
airworthiness limitations changes are treated the same as the 
airworthiness limitations issued with the original type certificate.
     We have simplified the language in Note 1 of this AD to 
clarify that an operator must request approval for an AMOC if the 
operator cannot accomplish the required inspections because an airplane 
has been previously modified, altered, or repaired in the areas 
addressed by the required inspections.

Request To Revise Note 1

    Boeing requests that we revise Note 1 of the NPRM to clarify that 
deviations from the AWLs specified in Report MDC-02K1003, should be 
approved as an AMOC according to paragraph (k) of the NPRM. Boeing 
states that Note 1 of the NPRM might be interpreted to mean that the 
AWLs specified in Report MDC-02K1003 must be revised to reflect 
modifications, alterations, or repairs that are initiated by an 
operator and outside of Boeing's design cognizance and responsibility. 
Boeing requests that we revise Note 1 as follows:
     Replace the words ``revision to'' with ``deviation from'' 
in the last sentence.
     Delete the words ``(g), (h), or'' and ``as applicable'' 
from the last sentence.
    As stated previously, we have simplified the language in Note 1 of 
this AD for standardization with other similar ADs. The language the 
commenter requests we change does not appear in the revised note; 
therefore, no additional change to this AD is necessary in this regard.

Request To Clarify Approval of Component Maintenance Manual (CMM) 
Changes

    Boeing requests that we revise the heading and certain wording for 
the ``Changes to Component Maintenance Manuals (CMMs) Cited in Fuel 
Tank System AWLs'' section of the NPRM. Boeing believes that section 
was intended to address situations where an operator chooses to deviate 
from the procedures in the CMM referenced in Report MDC-02K1003. Boeing 
states that its proposed changes are intended to clarify that only 
deviations proposed by an operator require approval of the Manager, Los 
Angeles Aircraft Certification Office, FAA. Boeing further states that 
wording in the NPRM could be interpreted to mean that approval of a CMM 
in its entirety, including any future CMM revisions by Boeing, would 
require direct approval of the Manager, Los Angeles, ACO, or governing 
regulatory authority. Specifically, Boeing requests that we revise that 
section as follows:
     Revise the heading to ``Deviations from Component 
Maintenance Manuals (CMMs) Cited in Fuel Tank System AWLs.''
     Revise the third sentence to state that the Manager, Los 
Angeles ACO, must approve ``any deviations from'' the CMMs ``as defined 
in Report MDC-02K1003.''
     Replace the words ``revision of'' with ``deviation from'' 
in the fourth sentence.
     Revise the fourth sentence to state that those CMMs ``as 
defined in Report MDC-02K1003'' will be handled like a change to the 
AWL itself.
     Delete the entire last sentence.
    We agree that clarification is necessary. Our intent is that any 
deviation from the CMMs as defined in Report MDC-02K1003 must be 
approved by the Manager, Los Angeles ACO, or the governing regulatory 
authority, before those deviations can be used. However, we have not 
changed the AD as suggested by the commenter, since the ``Changes to 
Component Maintenance Manuals (CMMs) Cited in Fuel Tank System AWLs'' 
section of the NPRM is not retained in this final rule.

Request To Refer to Additional Sources of Service Information

    FedEx states that, for certain CDCCLs, Appendix B of Report MDC-
02K1003 does not refer to the applicable service information (e.g., 
airplane maintenance manual (AMM), standard wire practices manual, 
structural repair manual) for accomplishing the required maintenance 
action. FedEx also states that Boeing has determined where the CDCCLs 
should be added to the AMM and what verbiage should be used, and that 
this information has been published as a list on Boeing's website. 
FedEx, therefore, requests that we revise paragraphs (g) and (h) of the 
proposed AD to refer to this list or other Boeing documents that 
clearly identify the manual changes corresponding to each CDCCL in 
Report MDC-02K1003.
    We disagree with revising this AD as requested by the commenter. 
For some CDCCLs, Boeing formatted Report MDC-02K1003 to provide 
specific information, where appropriate, concerning the limitations and 
necessary actions to maintain CDCCLs and ALIs. For other CDCCLs, Boeing 
has revised the applicable service information to ensure compatibility 
with those CDCCLs. This revised service information is readily 
available to affected operators; therefore, there is no need to be more 
specific for these particular CDCCLs. No change to this final rule is 
necessary.

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 with the changes described previously. We also 
determined that these changes will not increase the economic burden on 
any operator or increase the scope of the AD.

Costs of Compliance

    There are about 300 airplanes of the affected design in the 
worldwide fleet. This AD affects about 180 airplanes of U.S. registry. 
The required actions take about 1 work hour per airplane, at an average 
labor rate of $80 per work hour. Based on these figures, the estimated 
cost of the AD for U.S. operators is $14,400, or $80 per airplane.

[[Page 14675]]

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:

2008-06-21 McDonnell Douglas: Amendment 39-15433. Docket No. FAA-
2007-0201; Directorate Identifier 2007-NM-163-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective April 23, 
2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all 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, certificated in any category.

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these inspections is required by 14 CFR 91.403(c). For airplanes 
that have been previously modified, altered, or repaired in the 
areas addressed by these inspections, the operator may not be able 
to accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance (AMOC) in 
accordance with paragraph (l) of this AD. The request should include 
a description of changes to the required inspections that will 
ensure the continued operational safety of the airplane.

Unsafe Condition

    (d) This AD results from a design review of the fuel tank 
systems. We are issuing this AD to prevent the potential for 
ignition sources inside fuel tanks caused by latent failures, 
alterations, repairs, or maintenance actions, which, in combination 
with flammable fuel vapors, could result in a fuel tank explosion 
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.

Service Information Reference

    (f) The term ``Report MDC-02K1003'' as used in this AD, means 
the Boeing Trijet Special Compliance Item Report, MDC-02K1003, 
Revision C, dated July 24, 2007.

Revise the FAA-Approved Maintenance Program

    (g) 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, and Model DC-10-40 and DC-10-40F airplanes: Before 
December 16, 2008, revise the FAA-approved maintenance program to 
incorporate the information specified in Appendixes B, C, and D of 
Report MDC-02K1003. Accomplishing the revision in accordance with a 
later revision of Report MDC-02K1003 is an acceptable method of 
compliance if the revision is approved by the Manager, Los Angeles 
Aircraft Certification Office (ACO), FAA.

Revise the AWLs Section

    (h) For Model MD-10-10F and MD-10-30F airplanes, and Model MD-11 
and MD-11F airplanes: Before December 16, 2008, revise the AWLs 
section of the Instructions for Continued Airworthiness to 
incorporate the information specified in Appendixes B, C, and D of 
Report MDC-02K1003, except that the initial inspection required by 
paragraph (i) of this AD must be done at the applicable compliance 
time specified in that paragraph. Accomplishing the revision in 
accordance with a later revision of Report MDC-02K1003 is an 
acceptable method of compliance if the revision is approved by the 
Manager, Los Angeles ACO.

Initial Inspection and Repair if Necessary

    (i) For Model MD-11 and MD-11F airplanes: Within 60 months after 
the effective date of this AD, do a detailed inspection of the 
metallic overbraiding and red-wrap tape installed on the tail tank 
fuel quantity indication system (FQIS) wiring to verify if the 
metallic overbraiding or red-wrap tape is damaged or shows signs of 
deterioration, in accordance with ALI 20-2 of Appendix C of Report 
MDC-02K1003. If any discrepancy is found during the inspection, 
repair the discrepancy before further flight in accordance with ALI 
20-2 of Appendix C of Report MDC-02K1003. Accomplishing the actions 
required by this paragraph in accordance with a later revision of 
Report MDC-02K1003 is an acceptable method of compliance if the 
revision is approved by the Manager, Los Angeles ACO.

    Note 2: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

No Reporting Requirement

    (j) Although Report MDC-02K1003 specifies to submit certain 
information to the manufacturer, this AD does not require that 
action.

No Alternative Inspections, Inspection Intervals, or Critical Design 
Configuration Control Limitations (CDCCLs)

    (k) After accomplishing the applicable actions specified in 
paragraphs (g), (h), and (i) of this AD, no alternative inspections, 
inspection intervals, or CDCCLs may be used unless the inspections, 
intervals, or CDCCLs are part of a later revision of Report MDC-
02K1003 that is approved by the Manager, Los Angeles ACO; or unless 
the inspections, intervals, or CDCCLs are approved as an

[[Page 14676]]

AMOC in accordance with the procedures specified in paragraph (l) of 
this AD.

Alternative Methods of Compliance (AMOCs)

    (l)(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) 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

    (m) You must use Boeing Trijet Special Compliance Item Report, 
MDC-02K1003, Revision C, dated July 24, 2007, to do the actions 
required by this AD, unless the AD specifies otherwise. This 
document has the following effective pages:

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               Page No.                    Revision level  shown on page              Date shown on page
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Title Page, iii-iv, B24, B38..........  C..................................  July 24, 2007.
ii, B2, B21, B26, B27, B34, B40, B41,   B..................................  August 9, 2007.
 C6, C7.
1, B1, B3-B20, B22, B23, B25, B28-B33,  A..................................  December 15, 2005.
 B35-B37, B39, C1-C5, D1.
A1-A3.................................  Original...........................  May 17, 2002.
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(This document does not include Page ii. The ``Table of Contents'' 
section of the document refers to Item 28-3 on Page B27; however, 
Item 28-3 is on Page B29 of the document. The revision dates are 
only specified in the ``Index of Pages'' section of the document.)
    (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.
    (2) 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).
    (3) You may review copies of the service information 
incorporated by reference 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on March 9, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. E8-5145 Filed 3-18-08; 8:45 am]
BILLING CODE 4910-13-P