[Federal Register Volume 74, Number 250 (Thursday, December 31, 2009)]
[Rules and Regulations]
[Pages 69249-69252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30709]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0686; Directorate Identifier 2009-NM-044-AD; 
Amendment 39-16155; AD 2009-26-16]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Corporation 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 
Model MD-11 and MD-11F airplanes. This AD requires a one-time 
inspection to determine if wires touch the upper surface of the center 
upper auxiliary fuel tank and marking the location, if necessary; a 
one-time inspection of all wire bundles above the center upper 
auxiliary fuel tank for splices and damage; a one-time inspection for 
damage to the fuel vapor barrier seal and upper surface of the center 
upper auxiliary fuel tank; and corrective actions, if necessary. This 
AD also requires installation of nonmetallic barrier/shield sleeving, 
new clamps, new attaching hardware, and a new extruded channel. 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, which, in combination with flammable fuel vapors, could result

[[Page 69250]]

in fuel tank explosions and consequent loss of the airplane.

DATES: This AD is effective February 4, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of February 4, 
2010.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
3855 Lakewood Boulevard, MC D800-0019, Long Beach, California 90846-
0001; telephone 206-544-5000, extension 2; fax 206-766-5683; 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 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: 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:

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 Corporation Model MD-11 and MD-11F airplanes. 
That NPRM was published in the Federal Register on August 19, 2009 (74 
FR 41813). That NPRM proposed to require a one-time inspection to 
determine if wires touch the upper surface of the center upper 
auxiliary fuel tank and marking the location, if necessary; a one-time 
inspection of all wire bundles above the center upper auxiliary fuel 
tank for splices and damage; a one-time inspection for damage to the 
fuel vapor barrier seal and upper surface of the center upper auxiliary 
fuel tank; and corrective actions, if necessary. That NPRM also 
proposed to require installation of nonmetallic barrier/shield 
sleeving, new clamps, new attaching hardware, and a new extruded 
channel.

Comments

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

Request To Include Boeing Information Notice MD11-28-126 IN 02 in the 
Final Rule

    FedEx requests that Boeing Information Notice MD11-28-126 IN 02, 
dated July 1, 2009, be incorporated into the final rule. FedEx states 
that without including the information notice, FedEx will not be able 
to comply with the AD unless an Alternative Method of Compliance (AMOC) 
is granted. We partially agree. Boeing issued Information Notice MD11-
28-126 IN 02 to clarify the group applicability. The information notice 
is not approved by the FAA; therefore, we do not require the 
information notice for accomplishment of work and it is not 
incorporated into the requirements of this final rule. Note 1 has been 
added to this AD to explain that the information notice provides 
clarification of the airplane groups identified in the service 
bulletin.

Request for Compliance Time Extension

    KLM requests that we extend the compliance time so that it will 
fall during regularly scheduled maintenance periods. KLM states that 
the 60-month compliance time specified in the NPRM does not take into 
consideration the impact on operators of accessing the area above the 
center upper auxiliary fuel tank, which is only opened during 72-month 
intervals. KLM states the work-hours and costs specified in the NPRM 
are unrealistic because the inspection is not done in the 72-month 
period.
    We do not agree with the commenter's request to extend the 
compliance time. We have determined that the compliance time, as 
proposed, represents the maximum interval of time allowable for the 
affected airplanes to continue to safely operate before the 
modification is done. Since maintenance schedules vary among operators, 
there would be no assurance that the airplane would be modified during 
that maximum interval. However, operators may request an AMOC in 
accordance with the procedures specified in paragraph (j) of this AD. 
We have not changed the AD in this regard.

Explanation of Changes Made to This AD

    We have revised this AD to identify the legal name of the 
manufacturer as published in the most recent type certificate data 
sheet for the affected airplane models.

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

    We estimate that this AD affects 111 airplanes of U.S. registry. 
The following table provides the estimated costs for U.S. operators to 
comply with this AD.

                                                                     Estimated Costs
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                                                                                                                    Number of U.S.-
              Action                    Work hours        Average labor          Parts           Cost per product      registered         Fleet cost
                                                          rate per hour                                                airplanes
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Inspection/Installation \1\.       136 to 154..........             $80   $9,405 to $12,201..  $20,285 to $24,521.             111   $2,251,635 to
                                                                                                                                      $2,721,831.
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\1\ Depending on 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.

[[Page 69251]]

    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:

2009-26-16 McDonnell Douglas Corporation: Amendment 39-16155. Docket 
No. FAA-2009-0686; Directorate Identifier 2009-NM-044-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective February 4, 
2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to McDonnell Douglas Corporation Model MD-11 
and MD-11F airplanes; certificated in any category; as identified in 
Boeing Service Bulletin MD11-28-126, Revision 1, dated June 18, 
2009.

    Note 1: Boeing Information Notice MD11-28-126 IN 02, dated July 
1, 2009, provides guidance that clarifies the airplane groups 
identified in Boeing Service Bulletin MD11-28-126, Revision 1, dated 
June 18, 2009.

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Unsafe Condition

    (e) This AD results from fuel system reviews conducted by the 
manufacturer. The Federal Aviation Administration is issuing this AD 
to reduce the potential of ignition sources inside fuel tanks, 
which, in combination with flammable fuel vapors, could result in 
fuel tank explosions and consequent loss of the airplane.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Actions

    (g) Within 60 months after the effective date of this AD: Do the 
actions specified in paragraphs (g)(1), (g)(2), (g)(3), (g)(4), and 
(g)(5) of this AD, and do all applicable corrective actions, in 
accordance with the Accomplishment Instructions of Boeing Service 
Bulletin MD11-28-126, Revision 1, dated June 18, 2009, except as 
required by paragraph (h) of this AD. Do all applicable corrective 
actions before further flight.
    (1) Do a general visual inspection to determine if wires touch 
the upper surface of the center upper auxiliary fuel tank, and mark 
the location, as applicable.
    (2) Do a detailed inspection for splices and damage of all wire 
bundles above the center upper auxiliary fuel tank.
    (3) Do a detailed inspection for damage (burn marks) on the 
upper surface of the center upper auxiliary fuel tank.
    (4) Do a detailed inspection for damage (burn marks) on the fuel 
vapor barrier seal.
    (5) Install nonmetallic barrier/shield sleeving, new clamps, new 
attaching hardware, and a new extruded channel.
    (h) If damage (burn marks) is found on the upper surface of the 
center upper auxiliary fuel tank during any inspection required by 
paragraph (g)(3) of this AD, and Boeing Service Bulletin MD11-28-
126, Revision 1, dated June 18, 2009, specifies to contact The 
Boeing Company for repair instructions: Before further flight, 
repair the auxiliary fuel tank using a method approved in accordance 
with the procedures specified in paragraph (j)(3) of this AD.

Actions Accomplished According to Previous Issue of Service Bulletin

    (i) Actions accomplished before the effective date of this AD 
according to Boeing Service Bulletin MD11-28-126, dated March 3, 
2009, are considered acceptable for compliance with the 
corresponding actions specified in this AD.

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, Los Angeles Aircraft Certification Office 
(ACO), FAA, has the authority to approve AMOCs for this AD, if 
requested using the procedures found in 14 CFR 39.19. Send 
information to ATTN: 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.
    (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 principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair of the center upper auxiliary tank required by 
this AD, if it is approved by a Structures Authorized Representative 
for the Boeing Commercial Airplanes Delegation Option Authorization 
Organization who has been authorized by the Manager, Los Angeles 
ACO, to make those findings. For a repair method to be approved, the 
repair must meet the certification basis of the airplane, and the 
approval must specifically refer to this AD.

Material Incorporated by Reference

    (k) You must use Boeing Service Bulletin MD11-28-126, Revision 
1, dated June 18, 2009, 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, Attention: Data & Services Management, 
3855 Lakewood Boulevard, MC D800-0019, Long Beach, California 90846-
0001; telephone 206-544-5000, extension 2; fax 206-766-5683; e-mail 
[email protected]; Internet https://www.myboeingfleet.com.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221 or 425-227-1152.
    (4) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go

[[Page 69252]]

to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on December 16, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-30709 Filed 12-30-09; 8:45 am]
BILLING CODE 4910-13-P