Federal Register / Vol. 75, No. 120 / Wednesday, June 23, 2010 / Rules and Regulations 35611 

required by this AD if it is approved by the 

Boeing Commercial Airplanes Organization 

Designation Authorization (ODA) that has 

been authorized by the Manager, Seattle 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. 

Material Incorporated by Reference 

(j) You must use Boeing Alert Service 

Bulletin 777–57A0069, dated November 5, 

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. 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; telephone 

206–544–5000, extension 1; fax 206–766– 

5680; e-mail me.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. 2010–14977 Filed 6–22–10; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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 


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35612 Federal Register / Vol. 75, No. 120 / Wednesday, June 23, 2010 / Rules and Regulations 

table provides the estimated costs for 

U.S. operators to comply with this AD. 

TABLE—ESTIMATED COSTS

Action Work hours Average labor 

rate per hour 

Cost per 

product 

Number 

of U.S.- 

registered 

airplanes 

Fleet cost 

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 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 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. 


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Federal Register / Vol. 75, No. 120 / Wednesday, June 23, 2010 / Rules and Regulations 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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0995; Directorate 

Identifier 2009–NM–123–AD; Amendment 

39–16336; AD 2010–13–05] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Model CL–600–2C10 (Regional Jet 

Series 700 & 701) Airplanes, Model CL– 

600–2D15 (Regional Jet Series 705) 

Airplanes, and Model CL–600–2D24 

(Regional Jet Series 900) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

Investigation into a landing gear retraction 

problem on a production test flight revealed 

that, during aircraft pressurization and 

depressurization cycles, the pressure floor in 

the main landing gear bay deflects to a small 

extent. This causes relative misalignment 

between the [alternate-extension system] AES 

bypass valve, the downlock assist valve and 

the summing lever which, in turn, can result 

in damage to and potential failure of the 

respective clevis attached to one or both of 

the valves. Such a clevis failure could remain 

dormant and, in the subsequent event that 

use of the AES was required, full landing 

gear extension may not be achievable. 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective June 

23, 2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of July 28, 2010. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Cesar Gomez, Aerospace Engineer, 

Airframe and Mechanical Systems 

Branch, ANE–171, FAA, New York 

Aircraft Certification Office, 1600 

Stewart Avenue, Suite 410, Westbury, 

New York 11590; telephone (516) 228– 

7318; fax (516) 794–5531. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on October 28, 2009 (74 FR 

55493). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

Investigation into a landing gear retraction 

problem on a production test flight revealed 

that, during aircraft pressurization and 

depressurization cycles, the pressure floor in 

the main landing gear bay deflects to a small 

extent. This causes relative misalignment 

between the [alternate-extension system] AES 

bypass valve, the downlock assist valve and 

the summing lever which, in turn, can result 

in damage to and potential failure of the 

respective clevis attached to one or both of 

the valves. Such a clevis failure could remain 

dormant and, in the subsequent event that 

use of the AES was required, full landing 

gear extension may not be achievable. 

This directive gives instructions to replace 

the clevis, with a new part, for both the 

bypass and the downlock assist valves. It also 

gives instructions to install new support 

brackets for both valves, in order to increase 

the stiffness of the installations and thus 

prevent future relative misalignment and 

potential clevis failure. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comments received. 

Support for the NPRM 

The Air Line Pilots Association, 

International (ALPA), supports the 

NPRM. 

Request To Allow Repetitive Clevis 

Replacements in Lieu of Support 

Bracket Replacement 

Comair, Inc., requests that we revise 

the NPRM to allow repetitive 

replacement of the bypass valve clevis 

and downlock assist valve clevis at 

6,000-flight-cycle intervals, until the 

new support brackets have been 

installed instead of requiring 

installation of the support brackets at 

the compliance times specified in 

paragraph (f)(3) of this AD. Comair, Inc., 

explains that Bombardier Alert Service 

Bulletin A670BA–32–022, dated 

November 8, 2007, established an initial 

replacement of the clevises along with 

a repetitive replacement every 6,000 

flight cycles. But with the introduction 

of Part C of Bombardier Alert Service 

Bulletin A670BA–32–022, Revision A, 

dated May 1, 2009, Comair, Inc., asserts 

that the repetitive interval was removed. 

Comair, Inc., states that it initiated the 

compliance with Parts A and B of 

Bombardier Alert Service Bulletin 

A670BA–32–022, dated November 8, 

2007, in early 2008. Since the initial 

compliance time, Comair, Inc., states 

that nearly 2,900 flight cycles have 

passed and reasons that by the time the 

NPRM becomes a final rule, 500 or more 

flight cycles might pass. Comair, Inc., 

also explains that because of the 

proposed compliance times specified in 

paragraphs (f)(3)(ii) and (f)(3)(iii) of the 

NPRM, the installation of the new 

support brackets will be required within 

approximately 2,600 flight cycles (6,000 

flight cycles minus 3,400 cycles). 

Comair, Inc., asserts that limiting 

installation of the new support brackets 

to 2,600 flight cycles instead of 4,500 

flight cycles, as proposed by paragraph 

(f)(3)(i) of the NPRM, penalizes those 

operators who have taken early action to 

comply with Bombardier Alert Service 

Bulletin A670BA–32–022. To 

compensate for the loss of flight cycles, 

Comair, Inc., suggests that we revise 

paragraphs (f)(1) and (f)(2) of the NPRM 

to state: ‘‘* * * Replacement of the 

clevises each 6,000 flight cycles from 

the initial replacement, in order to 


jlentini on DSKJ8SOYB1PROD with RULES