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[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Proposed Rules]
[Pages 70150-70152]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28937]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / 
Proposed Rules

[[Page 70150]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0228; Directorate Identifier 2009-NM-252-AD]
RIN 2120-AA64

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

AGENCY: Federal Aviation Administration (FAA), DOT.

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

-----------------------------------------------------------------------

SUMMARY: We are revising an earlier proposed airworthiness directive 
(AD) for the products listed above. That NPRM proposed a one-time 
inspection to detect damage of the wire assemblies of the tail tank 
fuel system, a wiring change, and corrective actions if necessary. That 
NPRM was prompted by fuel system reviews conducted by the manufacturer. 
This action revises that NPRM by adding, for certain airplanes, a 
general visual inspection for correct installation of the self-
adhering, high-temperature electrical insulation tape; installation of 
a wire assembly support bracket and routing wire assembly; changing 
wire supports; and installation of a wire protection bracket. We are 
proposing this supplemental NPRM to detect and correct a potential of 
ignition sources inside fuel tanks, which, in combination with 
flammable vapors, could result in a fuel tank fire or explosion, and 
consequent loss of the airplane.

DATES: We must receive comments on this supplemental NPRM by December 
13, 2010.

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, 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. You may 
review copies of the referenced 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.

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 (phone: 800-647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: Serj Harutunian, Aerospace Engineer, 
Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; 
telephone (562) 627-5254; fax (562) 627-5210; e-mail: 
Serj.Harutunian@faa.gov.

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-2010-0228; 
Directorate Identifier 2009-NM-252-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.

Discussion

    We issued an 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 March 16, 2010 (75 FR 12464). That 
NPRM proposed to require a one-time inspection to detect damage of the 
wire assemblies of the tail tank fuel system, a wiring change, and 
corrective actions if necessary.

Comments

    We gave the public the opportunity to comment on the previous NPRM. 
The following presents the comments received on the NPRM and the FAA's 
response to each comment.

Request To Incorporate Revised Service Bulletin

    Boeing requested that we modify the original NPRM to reference 
Boeing Alert Service Bulletin MD11-28A124, Revision 1, dated August 24, 
2010, which clarifies work instructions and screw length requirements.
    We agree. We have revised paragraphs (c), (g), and (h) of this 
supplemental NPRM to refer to Boeing Alert Service Bulletin MD11-
28A124, Revision 1, dated August 24, 2010. The revised service bulletin 
adds a general visual inspection of the self-adhering high-temperature 
electrical insulation tape for correct installation, and changes wire 
supports, on airplanes on which the actions specified in Boeing Alert 
Service Bulletin MD11-28A124, dated June 17, 2009, have been 
accomplished.

[[Page 70151]]

Request To Incorporate Information Notice

    FedEx requested that Boeing Service Bulletin Information Notice 
(IN) MD11-28A124 IN 01, dated October 1, 2009, be referenced in the 
original NPRM as an approved deviation from Boeing Alert Service 
Bulletin MD11-28A124, dated June 17, 2009. FedEx stated that, as the 
original NPRM is written, the compliance requirements will prevent 
FedEx from complying with the original NPRM unless an alternative 
method of compliance (AMOC) is granted.
    We partially agree. Since the issuance of the original NPRM, Boeing 
has issued Alert Service Bulletin MD11-28A124, Revision 1, dated August 
24, 2010, to incorporate the changes outlined in Boeing Service 
Bulletin IN MD11-28A124 IN 01, dated October 1, 2009. The revised 
service bulletin clarifies work instructions and screw length 
requirements. As stated previously, we have changed paragraphs (c), 
(g), and (h) of this supplemental NPRM to refer to Boeing Alert Service 
Bulletin MD11-28A124, Revision 1, dated August 24, 2010.

Request To Change Wording in Paragraphs (g)(1) and (g)(2)

    Boeing requested that the wording in paragraphs (g)(1) and (g)(2) 
of the original NPRM be changed to include the installation of 
hardware. Boeing stated that the original NPRM implies that only wiring 
changes would be required; installation of brackets and supporting 
hardware, however, are required in addition to the wiring changes.
    We agree. The installation of brackets and supporting hardware is 
required in addition to the wiring changes. We have revised paragraphs 
(g)(1) and (g)(2) of this supplemental NPRM to include the installation 
of a wire assembly support bracket, routing wire assembly, and a wire 
protection bracket.

Additional Changes

    We have revised the Estimated Costs table to include the cost of 
the new inspection and wire support change required in paragraphs (h) 
and (i) of this supplemental NPRM, as well as to specify the on-
condition costs that might be incurred.

FAA's Determination

    We are proposing this supplemental NPRM because we evaluated all 
the relevant information and determined the unsafe condition described 
previously is likely to exist or develop in other products of these 
same type designs. Certain changes described above expand the scope of 
the original NPRM. As a result, we have determined that it is necessary 
to reopen the comment period to provide additional opportunity for the 
public to comment on this supplemental NPRM.

Proposed Requirements of the Supplemental NPRM

    This supplemental NPRM would require accomplishing the actions 
specified in the service information described previously.

Costs of Compliance

    We estimate that this proposed AD will affect 110 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                             Cost per
              Action                       Labor cost          Parts cost    product     Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Inspection of tail tank fuel       1 work-hour x $85 per               $0          $85  $9,350.
 system wire assembly.              hour = $85.
Inspection of electrical           1 work-hour x $85 per                0           85  $9,350.
 insulation tape.                   hour = $85.
Change wire supports.............  3 work-hours x $85 per               9          264  Up to $29,040.
                                    hour = $255.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary installations 
and repairs that would be required based on the results of the proposed 
inspection. We have no way of determining the number of aircraft that 
might need these installations and repairs.

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                Action                           Labor cost            Parts cost         Cost per product
----------------------------------------------------------------------------------------------------------------
Installation/repair..................  Up to 23 work-hours x $85 per      $11,829  Up to $13,784.
                                        hour = $1,955.
Adjust tape installation.............  1 x $85 per hour = $85.......            0  $85.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this proposed 
AD may be covered under warranty, thereby reducing the cost impact on 
affected individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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 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 this proposed 
regulation:

[[Page 70152]]

    (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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

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 FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

McDonnell Douglas Corporation: Docket No. FAA-2010-0228; Directorate 
Identifier 2009-NM-252-AD.

Comments Due Date

    (a) We must receive comments by December 13, 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 Alert Service Bulletin MD11-28A124, Revision 1, dated August 
24, 2010.

Subject

    (d) Joint Aircraft System Component (JASC)/Air Transport 
Association (ATA) of America Code 28: Fuel.

Unsafe Condition

    (e) This AD was prompted by fuel system reviews conducted by the 
manufacturer. We are issuing this AD to detect and correct a 
potential of ignition sources inside fuel tanks, which, in 
combination with flammable vapors, could result in a fuel tank fire 
or explosion, and consequent loss of the airplane.

Compliance

    (f) Comply with this AD within the compliance times specified, 
unless already done.

Action

    (g) For airplanes in Group 1, Configuration 1; and Group 2, 
Configuration 1: Within 60 months after the effective date of this 
AD, perform a general visual inspection to detect damage of wire 
assemblies of the tail tank fuel system, in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin MD11-
28A124, Revision 1, dated August 24, 2010.
    (1) For airplanes in Group 1, Configuration 1: If no damage is 
found, before further flight, apply self-adhering high-temperature 
electrical insulation tape on the wire assemblies, install wire 
assembly support brackets, route wire assemblies, install extruded 
channel wire supports, and install a wire protection bracket, in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin MD11-28A124, Revision 1, dated August 24, 2010.
    (2) For airplanes in Group 1, Configuration 1: If damage is 
found, before further flight, repair or replace the wire assemblies, 
apply self-adhering high-temperature electrical insulation tape on 
the wire assemblies, install wire assembly support brackets, route 
wire assemblies, install extruded channel wire supports, and install 
a wire protection bracket, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin MD11-28A124, Revision 
1, dated August 24, 2010.
    (3) For airplanes in Group 2, Configuration 1: If no damage is 
found, before further flight, install wire assembly support 
brackets, route wire assemblies, install extruded channel wire 
supports, and install a wire protection bracket, in accordance with 
the Accomplishment Instructions of Boeing Alert Service Bulletin 
MD11-28A124, Revision 1, dated August 24, 2010.
    (4) For airplanes in Group 2, Configuration 1: If damage is 
found, before further flight, repair or replace wire assembly, 
install wire assembly support brackets, route wire assemblies, 
install extruded channel wire supports, and install a wire 
protection bracket, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin MD11-28A124, Revision 
1, dated August 24, 2010.
    (h) For airplanes in Group 1, Configuration 2: Within 60 months 
after the effective date of this AD, do a general visual inspection 
for correct installation of the self-adhering high-temperature 
electrical insulation tape, and change the wire supports, in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin MD11-28A124, Revision 1, dated August 24, 2010. If 
the self-adhering high-temperature electrical insulation tape is 
installed incorrectly, before further flight, adjust the tape 
installation to achieve the correct dimensions, in accordance with 
Figure 1 of Boeing Alert Service Bulletin MD11-28A124, Revision 1, 
dated August 24, 2010.
    (i) For airplanes in Group 2, Configuration 2: Within 60 months 
after the effective date of this AD, change the wire supports, in 
accordance with Figure 2 of Boeing Alert Service Bulletin MD11-
28A124, Revision 1, dated August 24, 2010.

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. In accordance 
with 14 CFR 39.19, send your request to your principal inspector or 
local Flight Standards District Office, as appropriate. If sending 
information directly to the manager of the ACO, send it to the 
attention of the person identified in the Related Information 
section of this AD.
    (2) Before using any approved AMOC, notify your Principal 
Maintenance Inspector or Principal Avionics Inspector, as 
appropriate, or lacking a principal inspector, your local Flight 
Standards District Office.

Related Information

    (k) For more information about this AD, contact Serj Harutunian, 
Aerospace Engineer, Propulsion Branch, ANM-140L, FAA, Los Angeles 
Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, 
California 90712-4137; telephone (562) 627-5254; fax (562) 627-5210; 
e-mail: Serj.Harutunian@faa.gov.
    (l) 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. You 
may review copies of the referenced 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.

    Issued in Renton, Washington, on November 5, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-28937 Filed 11-16-10; 8:45 am]
BILLING CODE 4910-13-P
```