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[Federal Register Volume 77, Number 75 (Wednesday, April 18, 2012)]
[Proposed Rules]
[Pages 23166-23169]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9267]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0413; Directorate Identifier 2011-NM-257-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company 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 all 
The Boeing Company 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 proposed AD was prompted by fuel 
system reviews conducted by the manufacturer. This proposed AD would 
require adding design features to detect electrical faults, to detect a 
pump running in an empty fuel tank, and to ensure that a fuel pump's 
operation is not affected by certain conditions. 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 June 4, 2012.

[[Page 23167]]

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

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 (ACO), 3960 Paramount Boulevard, Lakewood, California 90712-
4137; phone: 562-627-5254; fax: 562-627-5210; email: 
serj.harutunian@faa.gov.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2012-0413; 
Directorate Identifier 2011-NM-257-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'' 
(66 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 (66 FR 23086, May 7, 2001) 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 a 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 proposed AD 
are necessary 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.
    A fuel pump may cause an ignition source in a fuel tank when it has 
internal electrical faults, or when the pump overheats due to prolonged 
dry running in an empty fuel tank. Electrical faults inside fuel pumps 
may cause arcing and burn through the pump housing into an empty fuel 
tank. If a pump is not shut off in a timely manner when the tank is 
emptied, the dry-running pump may cause excessive heat and become an 
ignition source inside the tank.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would prohibit operation of an affected airplane 
as of 60 months after the effective date of the AD, unless the 
following design features and requirements have been approved by the 
FAA and installed on the airplane.
     A protective device for each electrically powered fuel 
pump that will detect electrical faults and shut off the pump 
automatically when such faults are detected.
     Additional design features that will detect any fuel pump 
running in an empty fuel tank, notify the flight crew, and 
automatically shut off each pump within a specified time if not 
manually shut off by the flight crew.
     Revisions of the airplane flight manual to include 
procedures for manual pump shutoff.
     Means to ensure the detection of a fuel pump running in an 
empty tank that has previously been shut off.

Costs of Compliance

    We estimate that this proposed AD affects 180 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD, based on the costs of similar STC installations:

[[Page 23168]]

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Installing design features..........  65 work-hours x $85 per         $55,000          $60,525      $10,894,500
                                       hour = $5,525.
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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 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),
    (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):

The Boeing Company: Docket No. FAA-2012-0413; Directorate Identifier 
2011-NM-257-AD.

(a) Comments Due Date

    We must receive comments by June 4, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company 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.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by fuel system reviews conducted by the 
manufacturer. We are 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.

(f) Compliance

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

(g) Criteria for Operation

    As of 60 months after the effective date of this AD, no person 
may operate any airplane affected by this AD unless an amended type 
certificate or supplemental type certificate that incorporates the 
design features and requirements described in paragraphs (g)(1) 
through (g)(4) of this AD has been approved by the Manager, Los 
Angeles Aircraft Certification Office (ACO), FAA, and those design 
features are installed on the airplane to meet the criteria 
specified in 14 CFR Section 25.981(a) and (d), at amendment level 
25-125.
    (1) For all airplanes: Each electrically powered fuel pump 
installed in any fuel tank that normally empties during flight--such 
as center wing tanks, auxiliary fuel tanks, and tail tanks--must 
have a protective device installed to detect electrical faults that 
can cause arcing and burn through of the fuel pump housing and pump 
electrical connector. The same device must shut off the pump by 
automatically removing electrical power from the pump when such 
faults are detected. When a fuel pump is shut off resulting from 
detection of an electrical fault, the device must stay latched off, 
until the fault is cleared through maintenance action and the pump 
is verified safe for operation.
    (2) For airplanes with a 2-person flight crew: Additional design 
features, if not originally installed by the airplane manufacturer, 
must be installed to meet 3 criteria: to detect a running fuel pump 
in a tank that is normally emptied during flight, to provide an 
indication to the flight crew that the tank is empty, and to 
automatically shut off that fuel pump. The prospective pump 
indication and shutoff system must automatically shut off each pump 
in case the flight crew does not shut off a pump running dry in an 
empty tank within 60 seconds after each fuel tank is emptied. The 
airplane flight manual supplement (AFMS) must be revised to include 
flight crew manual pump shutoff procedures in the Normal Operating 
Procedures section of the AFMS.
    (3) For airplanes with a 3-person flight crew: Additional design 
features, if not originally installed by the airplane manufacturer, 
must be installed to detect when a fuel pump in a tank that is 
normally emptied during flight is running in an empty fuel tank, and 
provide an indication to the flight crew that the tank is empty. The 
flight engineer must manually shut off each pump running dry in an 
empty tank within 60 seconds after the tank is emptied. The 
Limitations section of the AFMS must be revised to specify that this 
pump shutoff must be done by the flight engineer.
    (4) For all airplanes: The empty-tank shutoff system design must 
preclude the undetected running of a fuel pump in an empty tank 
after the pump is commanded off automatically or manually.

(h) Alternative Methods of Compliance (AMOCs)

    (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.

[[Page 23169]]

    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(i) Related Information

    For more information about this AD, contact Serj Harutunian, 
Aerospace Engineer, Propulsion Branch, ANM-140L, FAA, Los Angeles 
ACO, 3960 Paramount Boulevard, Lakewood, California 90712-4137; 
phone: 562-627-5254; fax: 562-627-5210; email: 
serj.harutunian@faa.gov.

    Issued in Renton, Washington, on April 6, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-9267 Filed 4-17-12; 8:45 am]
BILLING CODE 4910-13-P
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