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[Federal Register: May 4, 2010 (Volume 75, Number 85)]
[Rules and Regulations]               
[Page 23571-23572]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04my10-4]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0032; Directorate Identifier 2009-NM-213-AD; 
Amendment 39-16277; AD 2010-09-12]
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 a one-time installation of electrical 
bonding jumpers for the fill valve controllers of fuel tanks. This AD 
results from fuel system reviews conducted by the manufacturer. We are 
issuing this AD to prevent point-of-contact arcing or filament heating 
damage in the fuel tanks, which could result in fuel tank explosions 
and consequent loss of the airplane.

DATES: This AD is effective June 8, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of June 8, 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: 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, 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 
February 8, 2010 (75 FR 6160). That NPRM proposed to require a one-time 
installation of electrical bonding jumpers for the fill valve 
controllers of the fuel tanks.

Comments

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

Conclusion

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

Costs of Compliance

    We estimate that this AD would affect 267 airplanes of U.S. 
registry. The following 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          Parts           Cost per product     registered         Fleet cost
                                                           rate per hour                                                airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Installation.....................  8 to 24 \1\..........             $85  $1,459 to $3,805 \1\  $2,139 to $5,845                267  $571,113 to
                                                                                                 \1\.                                 $1,560,615 \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Depending on airplane group or model.

[[Page 23572]]

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:

2010-09-12 McDonnell Douglas Corporation: Amendment 39-16277. Docket 
No. FAA-2010-0032; Directorate Identifier 2009-NM-213-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective June 8, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to 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; certificated in any category.

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 point-of-contact arcing or filament heating damage in the 
fuel tanks, which 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.

Installation

    (g) Within 60 months after the effective date of this AD, 
install electrical bonding jumpers for the fill valve controllers of 
the fuel tanks, in accordance with the Accomplishment Instructions 
of Boeing Service Bulletin DC10-28-249, Revision 1, dated November 
6, 2008 (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); or Boeing Service Bulletin MD11-28-135, Revision 1, 
dated November 6, 2008 (for Model MD-11 and MD-11F airplanes).

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: Philip Kush, Aerospace Engineer, Propulsion 
Branch, ANM-140L, FAA, Los Angeles ACO, 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

    (i) You must use Boeing Service Bulletin DC10-28-249, Revision 
1, dated November 6, 2008; or Boeing Service Bulletin MD11-28-135, 
Revision 1, dated November 6, 2008; 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 
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 April 22, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-9945 Filed 5-3-10; 8:45 am]
BILLING CODE 4910-13-P
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