[Federal Register Volume 73, Number 229 (Wednesday, November 26, 2008)]
[Proposed Rules]
[Pages 71957-71959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28129]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0186; Directorate Identifier 2007-NM-226-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas 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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: The FAA is revising an earlier NPRM for an airworthiness 
directive (AD) that applies to certain McDonnell Douglas Model DC-10-
10, DC-10-10F, DC-10-15, DC-10-30, DC-10-30F (KC-10A and KDC-10), DC-
10-40, and DC-10-40F airplanes. The original NPRM would have revised an 
existing AD that currently requires installing or replacing with 
improved parts, as applicable, the bonding straps between the metallic 
frame of the fillet and the wing leading edge ribs, on both the left 
and right sides of the airplane. The original NPRM proposed to revise 
the applicability to clarify the identity of the affected airplanes. 
The original NPRM resulted from fuel system reviews conducted by the 
manufacturer. This new action proposes to revise the applicability to 
add and remove certain airplanes, and to add a requirement to 
reposition or replace two bonding straps for certain airplanes. This 
new action also proposes to supersede, rather than revise, the existing 
AD. We are proposing this supplemental NPRM to reduce the potential of 
ignition sources inside fuel tanks in the event of a severe lightning 
strike, which, in combination with flammable fuel vapors, could result 
in fuel tank explosions and consequent loss of the airplane.

DATES: We must receive comments on this supplemental NPRM by December 
22, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    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); telephone (206) 544-9990; fax (206) 766-5682; 
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 proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (telephone 800-647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

FOR FURTHER INFORMATION CONTACT: Samuel Lee, Aerospace Engineer, 
Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; 
telephone (562) 627-5262; fax (562) 627-5210.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2007-0186; 
Directorate Identifier 2007-NM-226-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

[[Page 71958]]

Discussion

    We proposed to amend part 39 of the Federal Aviation Regulations 
(14 CFR part 39) with a notice of proposed rulemaking (NPRM) for an AD 
(the ``original NPRM'') to revise AD 2006-16-03, amendment 39-14703 (71 
FR 43962, August 3, 2006). The original NPRM applied to certain 
McDonnell Douglas Model DC-10-10, DC-10-10F, DC-10-15, DC-10-30, DC-10-
30F (KC-10A and KDC-10), DC-10-40, and DC-10-40F airplanes, and MD-10-
10F and MD-10-30F airplanes. The affected airplanes are identified by 
the manufacturer's fuselage numbers referenced in the applicable 
McDonnell Douglas DC-10 service bulletin (Service Bulletin 53-109, 
Revision 4, dated October 7, 1992; or Service Bulletin 53-111, Revision 
3, dated August 24, 1992).
    The original NPRM was published in the Federal Register on November 
13, 2007 (72 FR 63836). The original NPRM proposed to revise AD 2006-
16-03 to clarify the identity of the affected airplanes in the 
applicability.

Actions Since Original NPRM Was Issued

    Since we issued the original NPRM, Boeing has revised the service 
bulletins. Service Bulletin DC10-53-111, Revision 5, dated March 19, 
2008, and DC10-53-109, Revision 6, dated July 10, 2008, correct 
effectivity errors (to add and remove certain airplanes incorrectly 
excluded or included from previous versions). In addition, Service 
Bulletin DC10-53-109, Revision 5, now includes an action to reposition 
two bonding straps by using new bonding straps that are less 
susceptible to cracking. Revision 6 of Service Bulletin DC10-53-109 
provides a faster and easier method, which involves replacing the 
straps with longer straps instead of relocating them.
    The revised service bulletins have been approved by the FAA as 
alternative methods of compliance (AMOCs) with the requirements of AD 
2006-16-03. Paragraph (i)(3) has been revised in this supplemental NPRM 
to include information about these AMOCs.

FAA's Determination and Proposed Requirements of the Supplemental NPRM

    The changes discussed above expand the scope of the original NPRM; 
therefore, we have determined that it is necessary to reopen the 
comment period for revising AD 2006-16-03 to provide additional 
opportunity for public comment on this supplemental NPRM. Also, because 
of the expanded scope, we must supersede, rather than revise, the AD 
2006-16-03.

Costs of Compliance

    There are about 457 airplanes of the affected design in the 
worldwide fleet. The following table provides the estimated costs for 
U.S. operators to comply with this supplemental NPRM.

                                                                     Estimated Costs
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                                                                                                               Number of U.S.-
              Work hours                 Average labor             Parts                Cost per airplane         registered           Fleet cost
                                         rate per hour                                                            airplanes
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2-17..................................             $80   Up to $4,169.............  Up to $5,529.............             281   Up to $1,553,649.
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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

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 the proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the 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 supplemental NPRM 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-14703 (71 FR 43962, August 3, 2006) and adding 
the following new airworthiness directive (AD):

McDonnell Douglas: Docket No. FAA-2007-0186; Directorate Identifier 
2007-NM-226-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by December 
22, 2008.

Affected ADs

    (b) This AD supersedes AD 2006-16-03.

Applicability

    (c) This AD applies to McDonnell Douglas Model DC-10-10, DC-10-
10F, DC-10-15, DC-10-30, DC-10-30F (KC-10A and KDC-10), DC-10-40, 
and DC-10-40F airplanes, and MD-10-10F and MD-10-30F airplanes that 
have been converted from Model DC-10 series airplanes; certificated 
in any category; with manufacturer's fuselage numbers as identified 
in the applicable service bulletin listed in Table 1 of this AD.

[[Page 71959]]



----------------------------------------------------------------------------------------------------------------
   McDonnell Douglas DC-10 Service
             Bulletin --                Revision--               Dated--                For airplanes with--
----------------------------------------------------------------------------------------------------------------
DC10-53-109.........................               6  July 10, 2008...............  Extended wing-to-fuselage
                                                                                     fillets.
DC10-53-111.........................               5  March 19, 2008..............  Conventional wing-to-
                                                                                     fuselage fillets.
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Unsafe Condition

    (d) This AD results from fuel system reviews conducted by the 
manufacturer. We are issuing this AD to reduce the potential of 
ignition sources inside fuel tanks in the event of a severe 
lightning strike, 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.

Restatement of Requirements of AD 2006-16-03

Installation or Replacement

    (f) For airplanes with manufacturer's fuselage numbers 
identified in the applicable service bulletin listed in Table 2 of 
this AD: Within 7,500 flight hours or 60 months after September 7, 
2006 (the effective date of AD 2006-16-03), whichever occurs 
earlier: Install or replace with improved parts, as applicable, the 
bonding straps between the metallic frame of the fillet and the wing 
leading edge ribs, on both the left and right sides of the airplane, 
in accordance with the Accomplishment Instructions of the applicable 
service bulletin identified in Table 1 or Table 2 of this AD.

                                                   Table 2--Fuselage Numbers Affected by AD 2006-16-03
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    McDonnell Douglas DC-10 Service
              Bulletin--                 Revision--                  Dated--                                     For airplanes with--
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53-109................................            4  October 7, 1992.......................  Extended wing-to-fuselage fillets.
53-111................................            3  August 24, 1992.......................  Conventional wing-to-fuselage fillets.
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New Requirements of This AD

Installation or Replacement

    (g) For airplanes with fuselage numbers not identified in Table 
2 of this AD: Within 7,500 flight hours or 60 months, whichever 
occurs first after the effective date of this AD, install or replace 
with improved parts, as applicable, the bonding straps between the 
metallic frame of the fillet and the wing leading edge ribs, on both 
the left and right sides of the airplane, and reposition two bonding 
straps. Do the actions in accordance with the Accomplishment 
Instructions of the applicable service bulletin identified in Table 
1 of this AD.

Strap Repositioning for Certain Airplanes

    (h) For Configuration 3 airplanes, as identified in McDonnell 
Douglas DC-10 Service Bulletin DC10-53-109, Revision 6, dated July 
10, 2008: Within 7,500 flight hours or 60 months, whichever occurs 
first after the effective date of this AD, reposition two bonding 
straps, in accordance with the Accomplishment Instructions of the 
service bulletin.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, Los Angeles Aircraft Certification Office 
(ACO), FAA, ATTN: Samuel Lee, Aerospace Engineer, Samuel Lee, 
Aerospace Engineer, Propulsion Branch, ANM-140L, FAA, Los Angeles 
Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, 
California 90712-4137; telephone (562) 627-5262; fax (562) 627-5210; 
has the authority to approve AMOCs for this AD, if requested using 
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.
    (3) AMOCs approved previously in accordance with AD 2006-16-03 
are approved as AMOCs for the corresponding provisions of this AD. 
McDonnell Douglas DC-10 Service Bulletins DC10-53-109 and DC10-53-
111, both Revision 5, both dated March 19, 2008, and Service 
Bulletin DC10-53-109, Revision 6, dated July 10, 2008, have been 
approved by the FAA as an AMOC with the requirements of AD 2006-16-
03.

    Issued in Renton, Washington, on November 16, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. E8-28129 Filed 11-25-08; 8:45 am]
BILLING CODE 4910-13-P