[Federal Register Volume 75, Number 190 (Friday, October 1, 2010)]
[Rules and Regulations]
[Pages 60602-60604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24172]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0384; Directorate Identifier 2010-NM-003-AD; 
Amendment 39-16449; AD 2010-20-14]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Corporation 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, MD-10-30F, 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 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, MD-10-30F, MD-11, and MD-11F 
airplanes. This AD requires installing an in-line fuse in certain float 
level switches and sleeving the wires between the fuel tank and the in-
line fuse. For certain airplanes, this AD also requires installing an 
in-line fuse in certain fuel pump pressure switches. This AD results 
from fuel system reviews conducted by the manufacturer. We are issuing 
this AD to prevent fuel tank explosions and consequent loss of the 
airplane.

DATES: This AD is effective November 5, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of November 5, 
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: Philip 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 
certain Model DC-10-10, DC-10-10F,

[[Page 60603]]

DC-10-15, DC-10-30, DC-10-30F (KC-10A and KDC-10), DC-10-40, DC-10-40F, 
MD-10-10F, MD-10-30F, MD-11, and MD-11F airplanes. That NPRM was 
published in the Federal Register on April 21, 2010 (75 FR 20790). That 
NPRM proposed to require installing an in-line fuse in certain float 
level switches and sleeving the wires between the fuel tank and the in-
line fuse. For certain airplanes, that NPRM also proposed to require 
installing an in-line fuse in certain fuel pump pressure switches.

Comments

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

Request To Reference Information Notices or Revise Service Bulletin

    FedEx requested that Boeing Service Bulletin Information Notices 
(IN) MD11-28-132 IN 01, dated December 3, 2008; MD11-28-132 IN 02, 
dated March 18, 2010; and MD11-28-132 IN 03, dated March 25, 2010; be 
referenced in the NPRM as an approved deviation from Boeing Service 
Bulletin MD11-28-132, dated November 25, 2008, or that Boeing revise 
that service bulletin to incorporate the changes outlined in those INs. 
FedEx stated that, as the NPRM is written, the compliance requirements 
will prevent FedEx from complying with the NPRM unless an alternative 
method of compliance (AMOC) is granted.
    We partially agree. Since the issuance of the NPRM, Boeing has 
issued Service Bulletin MD11-28-132, Revision 1, dated July 6, 2010, to 
incorporate the changes outlined in Boeing Service Bulletin INs MD11-
28-132 IN 01, dated December 3, 2008; MD11-28-132 IN 02, dated March 
18, 2010; and MD11-28-132 IN 03, dated March 25, 2010. The revised 
service bulletin has only editorial changes with no additional work 
required. We have changed this AD to reference Boeing Service Bulletin 
MD11-28-132, Revision 1, dated July 6, 2010, in paragraphs (c)(2) and 
(g)(2) of this AD.
    We have also added paragraph (i) to this AD to give credit for 
actions done before the effective date of this AD in accordance with 
Boeing Service Bulletin MD11-28-132, dated November 25, 2008.

Additional Change Made to This AD

    We have revised paragraph (g)(1) of this AD to refer to Boeing 
Service Bulletin DC10-28-252, Revision 1, dated January 6, 2010, which 
describes editorial changes, but no new actions. We have added 
paragraph (h) to this AD to give credit for actions done before the 
effective date of this AD in accordance with Boeing Service Bulletin 
DC10-28-252, dated November 25, 2008.

Conclusion

    We reviewed the relevant data, considered the comment 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 will affect 281 airplanes of U.S. 
registry. The following table provides the estimated costs for U.S. 
operators to comply with this AD.

                                                                 Table--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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Installation/Sleeving.........  Between 64 and                $85   Between $3,139     Between $8,579               281   Between $2,410,699 and
                                 136[sup1].                          and $5,598[sup1].  and $17,158.                       $4,821,398.
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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.
    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:

2010-20-14 McDonnell Douglas Corporation: Amendment 39-16449. Docket 
No. FAA-2010-0384; Directorate Identifier 2010-NM-003-AD.

[[Page 60604]]

Effective Date

    (a) This airworthiness directive (AD) is effective November 5, 
2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes identified in paragraphs 
(c)(1) and (c)(2) of this AD.
    (1) McDonnell Douglas Corporation 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; certificated in any category; as 
identified in Boeing Service Bulletin DC10-28-252, Revision 1, dated 
January 6, 2010.
    (2) McDonnell Douglas Corporation Model MD-11 and MD-11F 
airplanes; certificated in any category; as identified in Boeing 
Service Bulletin MD11-28-132, Revision 1, dated July 6, 2010.

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 prevent 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.

Installation

    (g) Within 60 months after the effective date of this AD do the 
actions specified in paragraph (g)(1) or (g)(2) of this AD, as 
applicable.
    (1) For 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: Install an in-line fuse in each float level switch and 
pressure switch, including sleeving the wires between the fuel tank 
and the in-line fuse, in fuel tanks 1, 2, and 3; upper and lower 
auxiliary fuel tanks; forward and aft auxiliary fuel tanks; and 
center wing fuel tanks; as applicable; in accordance with the 
Accomplishment Instructions of Boeing Service Bulletin DC10-28-252, 
Revision 1, dated January 6, 2010.
    (2) For Model MD-11 and MD-11F airplanes: Install an in-line 
fuse in each float level switch, including sleeving the wires 
between the fuel tank and the in-line fuse, in fuel tanks 1, 2, and 
3; upper and lower auxiliary fuel tanks; forward auxiliary fuel 
tank; center wing fuel tanks; and tail fuel tank; as applicable; in 
accordance with the Accomplishment Instructions of Boeing Service 
Bulletin MD11-28-132, Revision 1, dated July 6, 2010.

Installation According to Previous Issues of Service Bulletins

    (h) Installing an in-line fuse in each float level switch and 
pressure switch, including sleeving the wires between the fuel tank 
and the in-line fuse, in fuel tanks 1, 2, and 3; upper and lower 
auxiliary fuel tanks; forward and aft auxiliary fuel tanks; and 
center wing fuel tanks; as applicable; is also acceptable for 
compliance with the corresponding requirements of paragraph (g)(1) 
of this AD, if done before the effective date of this AD, in 
accordance with Boeing Service Bulletin DC10-28-252, dated November 
25, 2008.
    (i) Installing an in-line fuse in each float level switch, 
including sleeving the wires between the fuel tank and the in-line 
fuse, in fuel tanks 1, 2, and 3; upper and lower auxiliary fuel 
tanks; forward auxiliary fuel tank; center wing fuel tanks; and tail 
fuel tank; as applicable; is also acceptable for compliance with the 
corresponding requirements of paragraph (g)(2) of this AD if done 
before the effective date of this AD, in accordance with Boeing 
Service Bulletin MD11-28-132, dated November 25, 2008.

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: Philip 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.
    (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

    (k) You must use Boeing Service Bulletin DC10-28-252, Revision 
1, dated January 6, 2010; or Boeing Service Bulletin MD11-28-132, 
Revision 1, dated July 6, 2010; as applicable; 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.
    (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 to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on September 16, 2010.
Robert D. Breneman,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-24172 Filed 9-30-10; 8:45 am]
BILLING CODE 4910-13-P