[Federal Register Volume 75, Number 104 (Tuesday, June 1, 2010)]
[Rules and Regulations]
[Pages 30274-30277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12667]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0866; Directorate Identifier 2009-NM-074-AD; 
Amendment 39-16317; AD 2010-11-12]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Corporation Model MD-
11 and MD-11F Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which applies to certain Model MD-11 and MD-11F airplanes. That 
AD currently requires a one-time inspection to determine if metallic 
transitions are installed on wire harnesses of the tail tank fuel 
transfer pumps, and to determine if damaged wires are present; and 
repair, if necessary. That AD also requires repetitive inspections of 
the repaired area; and a permanent modification of the wire harnesses 
if metallic transitions are not installed, which would terminate the 
repetitive inspections. This new AD requires modifying the case 
grounding for the alternate fuel pump of the tail tank, the leak 
detection thermal switch grounding for the number 2 engine, and wire 
braid grounding in the empennage and number 2 engine inlet. This AD 
also removes one airplane from the applicability of the existing AD. 
This AD results from reports that the wire assembly for the alternate 
fuel pump is missing a case ground wire, and the lightning protection 
wire braid for wire assemblies located in the empennage and number 2 
engine inlet are grounded improperly. We are issuing this AD to prevent 
insufficient grounding of the fuel pump, which in combination with an 
electrical failure within the fuel pump and a compromised electrical 
bond could cause a fuel tank ignition, resulting in consequent fire or 
explosion.

DATES: This AD becomes effective July 6, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of July 6, 2010.
    On January 18, 2000 (64 FR 69389, December 13, 1999), the Director 
of the Federal Register approved the incorporation by reference of 
certain other publications listed in the AD.

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

[[Page 30275]]

Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; 
telephone (562) 627-5262; fax (562) 627-5210.

SUPPLEMENTARY INFORMATION: 

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that supersedes AD 99-25-14, amendment 39-
11457 (64 FR 69389, December 13, 1999). The existing AD applies to 
certain Model MD-11 and MD-11F airplanes. That NPRM was published in 
the Federal Register on September 18, 2009 (74 FR 47900). That NPRM 
proposed to continue to require a one-time inspection to determine if 
metallic transitions are installed on wire harnesses of the tail tank 
fuel transfer pumps, and to determine if damaged wires are present; and 
repair, if necessary. That NPRM also proposed to continue to require 
repetitive inspections of the repaired area; and a permanent 
modification of the wire harnesses if metallic transitions are not 
installed, which would terminate the repetitive inspections. That NPRM 
also proposed to require modifying the case grounding for the alternate 
fuel pump of the tail tank, the leak detection thermal switch grounding 
for the number 2 engine, and wire braid grounding in the empennage and 
number 2 engine inlet. That NPRM also proposed to remove one airplane 
from the applicability of the existing AD.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received from the commenter. The 
commenter, FedEx Express, agrees with the requirements of the proposed 
AD.

Request To Change Proposed Costs of Compliance

    FedEx Express requests that the costs for concurrently required 
actions be included in the proposed Costs of Compliance. FedEx Express 
states that the estimated costs need to be revised since concurrent 
requirements are included in Boeing Alert Service Bulletin MD11-28A140, 
dated November 6, 2008, which is cited in the NPRM as the appropriate 
guidance for modifying the case grounding, leak detention thermal 
switch grounding, and wire braid grounding. That service bulletin 
specifies that McDonnell Douglas Service Bulletin MD11-28-102, Revision 
01, dated June 23, 1999, must be done before or at the same time as 
Boeing Alert Service Bulletin MD11-28A140.
    FedEx Express states that McDonnell Douglas Service Bulletin MD11-
28-102, Revision 01, dated June 23, 1999, constitutes terminating 
action for AD 99-25-14, and it takes 28.8 hours for Group 1 (12 
airplanes) and 40.4 hours for Group 2 (1 airplane). FedEx Express 
states that, considering all U.S.-registered airplanes are in Group 1 
(9 airplanes), this will cost $20,736 in labor with no cost for parts.
    FedEx Express states that Boeing Alert Service Bulletin MD11-28A140 
specifies that it takes 18.5 hours for Group 1 (12 airplanes) and 24.5 
hours for Group 2 (1 airplane). FedEx Express asserts that, considering 
all U.S.-registered airplanes are in Group 1 (9 airplanes), this will 
cost $13,320 for labor and $11,232 for parts.
    FedEx Express states that the proposed AD will cost approximately 
$34,056 in labor and $11,232 in parts with a total cost of $45,288. 
Therefore, FedEx Express asserts the estimated cost for the proposed AD 
should be stated as: Rework (required by AD 99-25-14) $20,736 and 
Modification (new proposed action) $24,552, resulting in a total fleet 
cost (U.S.-registered airplanes) of $45,288.
    We disagree with FedEx Express's request to include McDonnell 
Douglas Service Bulletin MD11-28-102, Revision 01, dated June 23, 1999, 
in the Costs of Compliance section of this AD. The costs in AD 99-25-14 
only specify the cost for the inspection, and not the modification. The 
modification specified in that service bulletin is an ``on-condition'' 
requirement in existing AD 99-25-14. The modification is considered on-
condition for airplanes that are not equipped with metallic transitions 
as specified in paragraph (g)(2) of this AD. The economic analysis of 
an AD is limited to the cost of actions that are actually required and 
it does not consider the costs of ``on-condition'' actions (that is, 
actions needed to correct an unsafe condition) because, regardless of 
AD direction, those actions would be required to correct an unsafe 
condition identified in an airplane and ensure operation of that 
airplane in an airworthy condition, as required by the Federal Aviation 
Regulations. We have not changed the final rule regarding this issue.

Explanation of Change 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.

Explanation of Change Made to Service Bulletin Citations

    We have revised this AD to provide full service bulletin citations 
throughout this AD.

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.

Explanation of Changes to Costs of Compliance

    Since issuance of the NPRM, we have increased the labor rate used 
in the Costs of Compliance from $80 per work-hour to $85 per work-hour. 
The Costs of Compliance information, below, reflects this increase in 
the specified hourly labor rate.
    We have revised the cost of parts from $80 to $0 in the section 
``Inspection (required by AD 99-25-14)'' in this AD. In the NPRM, we 
inadvertently included a cost of $80 in the parts column of the 
``Estimated Costs'' table.

Costs of Compliance

    There are about 13 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.

[[Page 30276]]



                                                                     Estimated Costs
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                                                                                                                 Number of
                                                          Average                                                  U.S.-
                  Action                    Work hours   labor rate     Parts           Cost per airplane        registered           Fleet cost
                                                          per hour                                               airplanes
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Inspection (required by AD 99-25-14).....            1          $85           $0  $85, per inspection cycle...            9  $765, per inspection cycle.
Modification (new required action).......           16           85        1,248  $2,608......................            9  $23,472.
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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 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 
removing amendment 39-11457 (64 FR 69389, December 13, 1999) and by 
adding the following new airworthiness directive (AD):

2010-11-12 McDonnell Douglas Corporation: Amendment 39-16317. Docket 
No. FAA-2009-0866; Directorate Identifier 2009-NM-074-AD.

Effective Date

    (a) This AD becomes effective July 6, 2010.

Affected ADs

    (b) This AD supersedes AD 99-25-14, Amendment 39-11457.

Applicability

    (c) This AD applies to McDonnell Douglas Corporation Model MD-11 
and MD-11F airplanes, certificated in any category, as identified in 
Boeing Alert Service Bulletin MD11-28A140, dated November 6, 2008.

Subject

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

Unsafe Condition

    (e) This AD results from reports that the wire assembly for the 
alternate fuel pump is missing a case ground wire, and the lightning 
protection wire braid for wire assemblies located in the empennage 
and number 2 engine inlet are grounded improperly. The Federal 
Aviation Administration is issuing this AD to prevent insufficient 
grounding of the fuel pump, which in combination with an electrical 
failure within the fuel pump and a compromised electrical bond could 
cause a fuel tank ignition, resulting in consequent fire or 
explosion.

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.

Restatement of Requirements of AD 99-25-14 with No Changes

Inspection and Corrective Actions

    (g) Within 30 days after January 18, 2000 (the effective date of 
AD 99-25-14), perform a one-time visual inspection of the wire 
harnesses of the tail tank fuel transfer pumps to determine if 
metallic transitions are installed, and to determine if damaged 
wires are present, in accordance with McDonnell Douglas Alert 
Service Bulletin MD11-28A101, dated August 24, 1998.
    (1) If all metallic transitions are installed, no further action 
is required by paragraph (g) of this AD.
    (2) If metallic transitions are not installed, accomplish the 
following:
    (i) Prior to further flight, accomplish the temporary repair in 
accordance with condition 2 of McDonnell Douglas Alert Service 
Bulletin MD11-28A101, dated August 24, 1998;
    (ii) Repeat the visual inspection thereafter at intervals not to 
exceed 2 years; and
    (iii) Within 5 years after January 18, 2000, permanently modify 
the wire harnesses in accordance with McDonnell Douglas Service 
Bulletin MD11-28-102, Revision 01, dated June 23, 1999. 
Accomplishment of this modification constitutes terminating action 
for the repetitive inspection requirements of this AD.

    Note 1:  Modification of the wire harnesses accomplished prior 
to January 18, 2000, in accordance with McDonnell Douglas Service 
Bulletin MD11-28-102, dated January 29, 1999, is considered 
acceptable for compliance with the modification required by 
paragraph (g)(2)(iii) of this AD.

New Requirements of This AD

Modification

    (h) Within 72 months after the effective date of this AD, modify 
the case grounding for the alternate fuel pump of the tail tank, the 
leak detection thermal switch grounding for the number 2 engine, and 
wire braid grounding in the empennage and number 2 engine inlet, in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin MD11-28A140, dated November 6, 2008.

Alternative Methods of Compliance (AMOCs)

    (i)(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

[[Page 30277]]

CFR 39.19. Send information to ATTN: Samuel Lee, Aerospace Engineer, 
Propulsion Branch, ANM-140L, FAA, Los Angeles ACO, 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.

Material Incorporated by Reference

    (j) You must use the applicable service information contained in 
Table 1 of this AD to do the actions required by this AD, unless the 
AD specifies otherwise.

                                 Table 1--All Material Incorporated by Reference
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               Document                               Revision                               Date
----------------------------------------------------------------------------------------------------------------
Boeing Alert Service Bulletin MD11-     Original...........................  November 6, 2008.
 28A140.
McDonnell Douglas Alert Service         Original...........................  August 24, 1998.
 Bulletin MD11-28A101..
McDonnell Douglas Service Bulletin      Revision 01........................  June 23, 1999.
 MD11-28-102.
----------------------------------------------------------------------------------------------------------------

     (1) The Director of the Federal Register approved the 
incorporation by reference of Boeing Alert Service Bulletin MD11-
28A140, dated November 6, 2008, under 5 U.S.C. 552(a) and 1 CFR part 
51.
    (2) The Director of the Federal Register previously approved the 
incorporation by reference of McDonnell Douglas Alert Service 
Bulletin MD11-28A101, dated August 24, 1998; and McDonnell Douglas 
Service Bulletin MD11-28-102, Revision 01, dated June 23, 1999; on 
January 18, 2000 (64 FR 69389, December 13, 1999).
    (3) 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.
    (4) 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.
    (5) 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 to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on May 14, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-12667 Filed 5-28-10; 8:45 am]
BILLING CODE 4910-13-P