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[Federal Register: June 23, 2010 (Volume 75, Number 120)]
[Rules and Regulations]               
[Page 35611-35613]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jn10-3]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0043; Directorate Identifier 2009-NM-128-AD; 
Amendment 39-16337; AD 2010-13-06]
RIN 2120-AA64

 
Airworthiness Directives; McDonnell Douglas Corporation Model DC-
10-10, DC-10-10F, and MD-10-10F 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, and MD-10-10F airplanes. This AD requires a 
one-time high frequency eddy current inspection of fastener holes for 
cracks at the left and right side wing rear spar lower cap at station 
Xors=345, and other specified and corrective actions if necessary. This 
AD results from a report of three instances of Model DC-10-10F 
airplanes having fuel leaks in the wing rear spar lower cap at station 
Xors=345. We are issuing this AD to prevent cracks in the spar cap, 
which could lead to cracking of the lower wing skin, fuel leaks, and 
the inability of the structure to sustain limit load.

DATES: This AD is effective July 28, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of July 28, 
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 
dse.boecom@boeing.com; 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: Nenita Odesa, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; 
telephone (562) 627-5234; 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, and MD-10-10F 
airplanes. That NPRM was published in the Federal Register on January 
19, 2010 (75 FR 2831). That NPRM proposed to require a one-time high 
frequency eddy current inspection of fastener holes for cracks at the 
left and right side wing rear spar lower cap at station Xors=345, and 
other specified and corrective actions if necessary.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received. FedEx supports the NPRM 
with the following comment.

Request for Clarification Regarding Estimated Costs

    FedEx states that the numbers in the Estimated Costs table of the 
NPRM do not match the numbers in Boeing Alert Service Bulletin DC10-
57A157, dated May 12, 2009. FedEx states that the cost per airplane is 
either $944 or $1,319 for parts, and requires 42.4 work-hours, totaling 
either $4,711 or $4,336 per airplane depending on group, according to 
the service bulletin. FedEx states that the NPRM gives a cost estimate 
of $160 per airplane.
    We infer that the commenter wants clarification regarding the 
difference in the estimated costs. 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. The 
cost of the required inspection is 2 hours at $85 per work-hour, 
totaling $170 per airplane. The service bulletin includes costs for on-
condition actions, including $944 or $1,319 for the cost of parts and 
42.4 work-hours. However, the economic analysis of an AD is limited to 
the cost of actions that are actually required. The economic analysis 
does not consider the costs of on-condition actions, such as repairing 
a crack detected during a required inspection (``repair, if 
necessary''). Such on-condition repairs would be required--regardless 
of AD direction--to correct an unsafe condition identified in an 
airplane and to ensure that the airplane is operated in an airworthy 
condition, as required by the Federal Aviation Regulations. We have not 
changed the AD in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD as proposed.

Costs of Compliance

    We estimate that this AD affects 68 airplanes of U.S. registry. The 
following

[[Page 35612]]

table provides the estimated costs for U.S. operators to comply with 
this AD.

                                                                 Table--Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                        Number  of U.S.-
                               Action                                   Work hours     Average labor       Cost per        registered       Fleet cost
                                                                                       rate per hour       product         airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection.........................................................                2              $85             $170               68          $11,560
--------------------------------------------------------------------------------------------------------------------------------------------------------

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:

2010-13-06 McDonnell Douglas Corporation: Amendment 39-16337. Docket 
No. FAA-2010-0043; Directorate Identifier 2009-NM-128-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective July 28, 
2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to McDonnell Douglas Corporation Model DC-
10-10, DC-10-10F, and MD-10-10F airplanes, certificated in any 
category, as specified in Boeing Alert Service Bulletin DC10-57A157, 
dated May 12, 2009.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Unsafe Condition

    (e) This AD results from a report of three instances of Model 
DC-10-10F airplanes having fuel leaks in the wing rear spar lower 
cap at station Xors=345. The Federal Aviation Administration is 
issuing this AD to prevent cracking in the spar cap, which could 
lead to cracking of the lower wing skin, fuel leaks, and the 
inability of the structure to sustain limit load.

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.

Inspection

    (g) Within 3,000 flight cycles after the effective date of this 
AD, do a one-time high frequency eddy current inspection for 
cracking of fastener holes at the left and right side wing rear spar 
lower cap at station Xors=345, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin DC10-57A157, dated May 
12, 2009.
    (1) If no cracking is found, before further flight, cold work 
open holes and install new second oversize fasteners and nut 
assemblies in the left and right side wing rear spar lower cap, in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin DC10-57A157, dated May 12, 2009.
    (2) If any cracking is found during any inspection required by 
this AD, before further flight, repair the left and right side wing 
rear spar lower cap using a method approved in accordance with the 
procedures specified in paragraph (h) 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 using the procedures found in 14 CFR 39.19. Send 
information to ATTN: Nenita Odesa, Aerospace Engineer, Airframe 
Branch, ANM-120L, FAA, Los Angeles ACO, 3960 Paramount Boulevard, 
Lakewood, California 90712-4137; telephone (562) 627-5234; 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 required by this AD, if it is approved by the 
Boeing Commercial Airplanes Organization Designation Authorization 
(ODA) that 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 14 CFR 25.571, 
Amendment 45, and the approval must specifically refer to this AD.

Material Incorporated by Reference

    (i) You must use Boeing Alert Service Bulletin DC10-57A157, 
dated May 12, 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.

[[Page 35613]]

    (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 
dse.boecom@boeing.com; 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 June 10, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-14982 Filed 6-22-10; 8:45 am]
BILLING CODE 4910-13-P
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