[Federal Register Volume 74, Number 159 (Wednesday, August 19, 2009)]
[Proposed Rules]
[Pages 41813-41815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19850]


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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]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain McDonnell Douglas Model MD-11 and MD-11F airplanes. This 
proposed AD would 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. This proposed AD would also require 
installation of nonmetallic barrier/shield sleeving, new clamps, new 
attaching hardware, and a new extruded channel. This proposed AD 
results from fuel system reviews conducted by the manufacturer. We are 
proposing 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.

DATES: We must receive comments on this proposed AD by October 5, 2009.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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 proposed 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 
<a href="/cdn-cgi/l/email-protection#99fdeafcb7fbf6fcfaf6f4d9fbf6fcf0f7feb7faf6f4"><span class="__cf_email__" data-cfemail="88ecfbeda6eae7edebe7e5c8eae7ede1e6efa6ebe7e5">[email protected]</span></a>; 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 or 425-227-1152.

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

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:

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-2009-0686; 
Directorate Identifier 2009-NM-044-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

    The FAA has examined the underlying safety issues involved in fuel 
tank explosions on several large transport airplanes, including the 
adequacy of existing regulations, the service history of airplanes 
subject to those regulations, and existing maintenance practices for 
fuel tank systems. As a result of those findings, we issued a 
regulation titled ``Transport Airplane Fuel Tank System Design Review, 
Flammability Reduction and Maintenance and Inspection Requirements'' 
(67 FR 23086, May 7, 2001). In addition to new airworthiness standards 
for transport airplanes and new maintenance requirements, this rule 
included Special Federal Aviation Regulation No. 88 (``SFAR 88,'' 
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
    Among other actions, SFAR 88 requires certain type design (i.e., 
type certificate (TC) and supplemental type certificate (STC)) holders 
to substantiate that their fuel tank systems can prevent ignition 
sources in the fuel tanks. This requirement applies to type design 
holders for large turbine-powered transport airplanes and for 
subsequent modifications to those airplanes. It requires them to 
perform design reviews and to develop design changes and maintenance 
procedures if their designs do not meet the new fuel tank safety 
standards. As explained in the preamble to the rule, we intended to 
adopt airworthiness directives to mandate any changes found necessary 
to address unsafe conditions identified as a result of these reviews.
    In evaluating these design reviews, we have established four 
criteria intended to define the unsafe conditions associated with fuel 
tank systems that require corrective actions. The percentage of 
operating time during which fuel tanks are exposed to flammable 
conditions is one of these criteria. The other three criteria address 
the failure types under evaluation: single failures, single failures in 
combination with another latent condition(s), and in-service failure 
experience. For all four criteria, the evaluations included 
consideration of previous actions taken that may mitigate the need for 
further action.
    We have determined that the actions identified in this AD are 
necessary to reduce the potential of ignition sources inside fuel 
tanks, which, in combination

[[Page 41814]]

with flammable fuel vapors, could result in fuel tank explosions and 
consequent loss of the airplane.
    We have received a report that wire bundles routed above the center 
upper auxiliary fuel tank are in close proximity to the upper surface 
of the tank on certain McDonnell Douglas Model MD-11 and MD-11F 
airplanes. In addition, some wire harness mounts may have loosened, 
allowing the wires to contact the tank. This condition may cause wire 
damage or chafing that can lead to possible arcing, sparking, and burn-
through on the fuel tank upper surface, which can result in a fuel tank 
explosion.

Relevant Service Information

    We have reviewed Boeing Service Bulletin MD11-28-126, Revision 1, 
dated June 18, 2009, which describes procedures for the following 
actions.
    <bullet> A general visual inspection to determine if wires touch 
the upper surface of the center upper auxiliary fuel tank; and marking 
the location(s) where the wire bundle(s) contacts the upper surface of 
the center upper auxiliary fuel tank.
    <bullet> A detailed inspection for splices and damage (such as 
chafing, arcing, and broken insulation) of all wire bundles above the 
center upper auxiliary fuel tank, and corrective actions if necessary. 
The corrective actions include repairing or replacing damaged wires, 
and relocating any splice.
    <bullet> A detailed inspection for damage (burn marks) on the upper 
surface of the center upper auxiliary fuel tank and fuel vapor barrier 
seal, and corrective actions if necessary. The corrective actions 
include repairing the vapor barrier seal and contacting Boeing for 
repair instructions and doing the repair.
    <bullet> Installing nonmetallic barrier/shield sleeving to the wire 
harnesses, new clamps, new attaching hardware, and a new extruded 
channel, to raise the wire harnesses off the upper surface of the 
center upper auxiliary fuel tank.

FAA's Determination and Requirements of This Proposed AD

    We are proposing this AD because we evaluated all relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design. 
This proposed AD would require accomplishing the actions specified in 
the service information described previously, except as discussed under 
``Differences Between Proposed AD and Service Information.''

Differences Between Proposed AD and Service Information

    Boeing Service Bulletin MD11-28-126, Revision 1, dated June 18, 
2009, specifies to contact the manufacturer for instructions on how to 
repair certain conditions, but this proposed AD would require repairing 
those conditions in one of the following ways:
    <bullet> Using a method that we approve; or
    <bullet> Using data that meet the certification basis of the 
airplane, and that have been approved by a Structures Authorized 
Representative for the Boeing Commercial Airplanes Delegation Option 
Authorization Organization whom we have authorized to make those 
findings.

Costs of Compliance

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

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                     Number of U.S.-
              Action                    Work hours        Average labor          Parts           Cost per product      registered         Fleet cost
                                                          rate per hour                                                 airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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

    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:
    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), 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.

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 AD:

McDonnell Douglas: Docket No. FAA-2009-0686; Directorate Identifier 
2009-NM-044-AD.

[[Page 41815]]

Comments Due Date

    (a) We must receive comments by October 5, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to 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.

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 Boeing 
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.

    Issued in Renton, Washington, on August 4, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-19850 Filed 8-18-09; 8:45 am]
BILLING CODE 4910-13-P


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