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[Federal Register Volume 75, Number 11 (Tuesday, January 19, 2010)]
[Proposed Rules]
[Pages 2831-2833]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-699]

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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]
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: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain McDonnell Douglas Model DC-10-10, DC-10-10F, and MD-10-10F 
airplanes. This proposed AD would 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. This proposed 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 
proposing this AD to prevent cracks in the spar cap, which if not 
corrected could lead to cracking of the lower wing skin, fuel leaks, 
and the inability of the structure to sustain limit load.

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

[[Page 2832]]

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 
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 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: Carl Fountain, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; 
telephone (562) 627-5322; 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-2010-0043; 
Directorate Identifier 2009-NM-128-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 have received 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. Investigation revealed the fuel leak was due to a crack in 
the lower cap. This crack extended into all three legs (aft, forward, 
and vertical) of the spar cap. Analysis of the cracked portion of the 
spar cap determined that the crack was due to fatigue and began at a 
fastener hole in the forward leg of the spar cap. This condition, if 
not corrected, could lead to cracking of the lower wing skin, fuel 
leaks, and the inability of the structure to sustain limit load.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin DC10-57A157, dated 
May 12, 2009. The service bulletin describes procedures for:
     Doing a high frequency eddy current inspection of fastener 
holes for cracking at the left and right side wing rear spar lower cap.
     Cold working open holes and installing new second oversize 
fasteners in the left and right side wing rear spar lower cap if no 
cracking is found.
     Contacting Boeing for repair instructions and doing the 
repair if cracking is found.

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 these same type 
designs. This proposed AD would require accomplishing the actions 
specified in the service information described previously, except as 
discussed under ``Differences Between the Proposed AD and Service 
Bulletin.''

Differences Between the Proposed AD and Service Bulletin

    The service bulletin 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:
     Using a method that we approve; or
     Using data that meet the certification basis of the 
airplane, and that have been approved by the Boeing Commercial 
Airplanes Organization Designation Authorization (ODA) that we have 
authorized to make those findings.

Costs of Compliance

    We estimate that this proposed AD would affect 68 airplanes of U.S. 
registry. The following table provides the estimated costs for U.S. 
operators to comply with this proposed AD.

                                             Table--Estimated Costs
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                                                                                        Number of
                                                             Average      Cost per        U.S.-
                  Action                     Work hours    labor rate      product     registered    Fleet cost
                                                            per hour                    airplanes
----------------------------------------------------------------------------------------------------------------
Inspection................................            2           $80          $160            68       $10,880
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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

[[Page 2833]]

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 Corporation: Docket No. FAA-2010-0043; Directorate 
Identifier 2009-NM-128-AD.

Comments Due Date

    (a) We must receive comments by March 5, 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: Carl Fountain, Aerospace Engineer, Airframe 
Branch, ANM-120L, FAA, Los Angeles ACO, 3960 Paramount Boulevard, 
Lakewood, California 90712-4137; telephone (562) 627-5322; 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.

    Issued in Renton, Washington, on January 8, 2010.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-699 Filed 1-15-10; 8:45 am]
BILLING CODE 4910-13-P
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