[Federal Register Volume 73, Number 104 (Thursday, May 29, 2008)]
[Rules and Regulations]
[Pages 30765-30767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11465]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28748; Directorate Identifier 2007-NM-115-AD; 
Amendment 39-15537; AD 2008-11-14]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-10-10F, DC-
10-30F (KC-10A and KDC-10), DC-10-40F, 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 certain 
McDonnell Douglas Model DC-10-10F, DC-10-30F (KC-10A and KDC-10), DC-
10-40F, MD-10-10F, and MD-10-30F airplanes; and Model MD-11 and MD-11F 
airplanes. This AD requires installation of control cable freeze 
protection by making certain changes. This AD results from reports of 
standing water on the horizontal pressure panel above the main and 
center landing gear wheel wells. We are issuing this AD to prevent the 
accumulation of ice on the flight control cables in the wheel wells. 
When the landing gear doors open or vibration in this area occurs, such 
ice accumulation could break off and can cause injury to people or 
damage to property on the ground, can affect landing gear controls and 
rear spar flight control systems, can cause damage to other control 
systems, and might cause loss of control of the airplane.

DATES: This AD is effective July 3, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of July 3, 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: 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:

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, DC-10-30F (KC-10A 
and KDC-10), DC-10-40F, 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 July 23, 2007 (72 FR 40094). That NPRM proposed to require 
installation of control cable freeze protection by making certain 
changes.

Comments

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

Request To Delay Issuance of Final Rule

    FedEx and Boeing request that we delay issuance of the final rule 
until Boeing releases a revision to Boeing Alert Service Bulletin DC10-
27A237, dated January 9, 2007 (referred to as an appropriate source of 
service information for accomplishing the actions specified in the 
NPRM), and to Drawing SR11530052, and necessary parts are available. 
FedEx notes that Boeing released Information Notice DC10-27A237 IN 01, 
dated August 8, 2007, which indicates that the procedures specified in 
Boeing Alert Service Bulletin DC10-27A237 for Model DC-10-10F and MD-
10-10F airplanes cannot be done. Boeing states that the engineering 
provided in Drawing SR11530052, which is referred to in Boeing Alert 
Service Bulletin DC10-27A237, does not reflect the existing structural 
configuration used on Model DC-10-10F and MD-10-10F airplanes.
    Since issuance of the NPRM, we have reviewed Boeing Alert Service 
Bulletin DC10-27A237, Revision 1, dated December 20, 2007. Revision 1 
revises Drawing SR11530052 to account for different panel 
configurations on Model DC-10-10F and MD-10-10F airplanes and adds 
airplane groups for those affected airplanes. Revision 1 also removes 
Model DC-10-10 airplanes, which are not subject to the identified 
unsafe condition of this AD. No more work is necessary on Model DC-10-
30F (KC-10A and KDC-10), DC-10-40F, MD-10-10F, and MD-10-30F airplanes 
changed in accordance with Boeing Alert Service Bulletin DC10-27A237, 
dated January 9, 2007.
    Therefore, we have revised this AD to refer to Boeing Alert Service 
Bulletin DC10-27A237, Revision 1, as an appropriate source of service 
information for accomplishing the required actions and identifying the 
affected airplanes. We also have added a new paragraph (g) of this AD 
to give credit for actions done before the effective date of this AD 
according to Boeing Alert Service Bulletin DC10-27A237, dated January 
9, 2007, and redesignated subsequent paragraphs of the AD accordingly. 
In addition, we have removed Model DC-10-10

[[Page 30766]]

airplanes from the applicability of this AD.
    In addition, according to Boeing, an ample number of required parts 
will be available to modify the U.S. fleet within the compliance time. 
However, according to the provisions of paragraph (h) of the final 
rule, 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.

Request To Add Repair for Damaged Seals

    FedEx requests that a repair for any damaged seal, part number 
ADA3211-125, be included in the NPRM or the next revision of Boeing 
Alert Service Bulletin DC10-27A237, dated January 9, 2007. FedEx notes 
that Boeing issued Information Notices DC10-27A237 IN 01 and MD11-
27A084 IN 02, both dated August 8, 2007, which indicate that a fix for 
damaged seals is forthcoming.
    We do not agree. Since issuance of Information Notices DC10-27A237 
IN 01 and MD11-27A084 IN 02, Boeing issued MD11-27A084 IN 03, dated 
December 14, 2007, and Boeing Alert Service Bulletin DC10-27A237, 
Revision 1, as described previously. Both of these documents state that 
repairs for damaged seals will be included in the DC10/MD10 Structural 
Repair Manuals (SRM). In addition, Boeing has received reports that, in 
certain cases, the seal, which is installed in accordance with Boeing 
Alert Service Bulletin DC10-27A237, is being damaged after installation 
as a result of being stepped on during maintenance. Therefore, there is 
no effect on accomplishing the requirements of this AD. We have not 
revised the AD in this regard.

Request To Provide Blanket Approval

    FedEx requests that we provide blanket approval for operators who 
modified the installation as shown in View L of Boeing Drawing 
SR11530052 (for Model DC-10-30F (KC-10A and KDC-10) and Model MD-10-30F 
airplanes) to fit Model DC-10-10F and MD-10-10F airplanes. FedEx states 
that blanket approval to modify the size, shape, and location of the 
angles and to shim would be helpful to any operators who have already 
done so.
    We do not agree. FedEx did not provide us with any data supporting 
their request for such an approval. In addition, we have determined 
that accomplishing the actions specified in Boeing Alert Service 
Bulletin DC10-27A237, Revision 1, will adequately address the 
identified unsafe condition of this AD. However, under the provisions 
of paragraph (h) of this AD, we might consider requests for approval of 
an alternative method of compliance (AMOC) if sufficient data are 
submitted to substantiate that such a design change would provide an 
acceptable level of safety. We have made no change to the AD in this 
regard.

Request To Refer to Correct Drawing

    FedEx requests that the NPRM be revised to refer to Drawing 
SR10270026, or that we verify that the incorrect drawing number (i.e., 
Drawing SR11270026) in Step 3 of the Work Instructions is corrected in 
the next revision to Boeing Alert Service Bulletin DC10-27A237, dated 
January 9, 2007.
    We do not agree to refer to the subject drawing in the AD. As 
discussed previously, we have reviewed Boeing Alert Service Bulletin 
DC10-27A237, Revision 1, and have revised this AD to include that 
service bulletin revision as an appropriate source of service 
information for accomplishing the required actions. The incorrect 
drawing number has been corrected in the service bulletin.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD 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 387 airplanes of the affected design in the 
worldwide fleet. This AD affects about 283 airplanes of U.S. registry. 
The actions take about 40 work hours per airplane, at an average labor 
rate of $80 per work hour. Required parts cost about $5,896 or $6,073 
per airplane depending on the airplane configuration. Based on these 
figures, the estimated cost of the AD for U.S. operators is between 
$2,574,168 and $2,624,259, or $9,096 or $9,273 per airplane depending 
on the airplane configuration.

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:

2008-11-14 McDonnell Douglas: Amendment 39-15537. Docket No. FAA-
2007-28748; Directorate Identifier 2007-NM-115-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective July 3, 2008.

[[Page 30767]]

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to airplanes identified in Table 1 of this 
AD, certificated in any category.

                         Table 1.--Applicability
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                                          As identified in Boeing Alert
       McDonnell Douglas model--                Service Bulletin--
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(1) DC-10-10F, DC-10-30F (KC-10A and     DC10-27A237, Revision 1, dated
 KDC-10), DC-10-40F, MD-10-10F, and MD-   December 20, 2007.
 10-30F airplanes.
(2) MD-11 and MD-11F airplanes.........  MD11-27A084, Revision 1, dated
                                          March 26, 2007.
------------------------------------------------------------------------

Unsafe Condition

    (d) This AD results from reports of standing water on the 
horizontal pressure panel above the main and center landing gear 
wheel wells. We are issuing this AD to prevent the accumulation of 
ice on the flight control cables in the wheel wells. When the 
landing gear doors open or vibration in this area occurs, such ice 
accumulation could break off and can cause injury to people or 
damage to property on the ground, can affect landing gear controls 
and rear spar flight control systems, can cause damage to other 
control systems, and might cause loss of control 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 of Control Cable Freeze Protection

    (f) Within 24 months after the effective date of this AD, 
install control cable freeze protection by making the changes 
specified in and in accordance with the Accomplishment Instructions 
of the applicable service bulletin identified in Table 1 of this AD.
    (g) For Model DC-10-30F (KC-10A and KDC-10), DC-10-40F, MD-10-
10F, and MD-10-30F airplanes: Installations done before the 
effective date of this AD in accordance with Boeing Alert Service 
Bulletin DC10-27A237, dated January 9, 2007, are 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 DC10-27A237, 
Revision 1, dated December 20, 2007; or Boeing Alert Service 
Bulletin MD11-27A084, Revision 1, dated March 26, 2007; 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.
    (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 May 14, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-11465 Filed 5-28-08; 8:45 am]
BILLING CODE 4910-13-P