61504 Federal Register / Vol. 74, No. 226 / Wednesday, November 25, 2009 / Rules and Regulations 

(1) The Director of the Federal Register 

previously approved the incorporation by 

reference of this service information on June 

6, 2008 (73 FR 24157, May 2, 2008). 

(2) For service information identified in 

this AD, contact Bombardier, Inc., 400 CoˆteVertu Road West, Dorval, Que ́bec H4S 1Y9, 

Canada; telephone 514–855–5000; fax 514– 

855–7401; e-mail 

thd.qseries@aero.bombardier.com; Internet 

http://www.bombardier.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 or 425–227–1152. 

(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 

November 16, 2009. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–28161 Filed 11–24–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–1071; Directorate 

Identifier 2009–NM–160–AD; Amendment 

39–16100; AD 2008–06–21 R1] 

RIN 2120–AA64 

Airworthiness Directives; McDonnell 

Douglas Corporation Model DC–10–10 

and DC–10–10F Airplanes, Model DC– 

10–15 Airplanes, Model DC–10–30 and 

DC–10–30F (KC–10A and KDC–10) 

Airplanes, Model DC–10–40 and DC– 

10–40F Airplanes, Model MD–10–10F 

and MD–10–30F Airplanes, and Model 

MD–11 and MD–11F Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is revising an 

existing airworthiness directive (AD), 

which applies to all McDonnell Douglas 

Corporation airplane models identified 

above. That AD currently requires 

revising the FAA-approved maintenance 

program, or the Airworthiness 

Limitations (AWLs) section of the 

Instructions for Continued 

Airworthiness, as applicable, to 

incorporate new AWLs for fuel tank 

systems to satisfy Special Federal 

Aviation Regulation No. 88 

requirements. For certain airplanes, this 

AD also requires the initial 

accomplishment of a certain repetitive 

AWL inspection to phase in that 

inspection, and repair if necessary. This 

AD clarifies the intended effect of the 

AD on spare and on-airplane fuel tank 

system components. This AD results 

from a design review of the fuel tank 

system. We are issuing this AD to 

prevent the potential for ignition 

sources inside fuel tanks caused by 

latent failures, alterations, repairs, or 

maintenance actions, which, in 

combination with flammable fuel 

vapors, could result in a fuel tank 

explosion and consequent loss of the 

airplane. 

DATES: This AD is effective December 

10, 2009. 

On April 23, 2008 (73 FR 14673, 

March 19, 2008), the Director of the 

Federal Register approved the 

incorporation by reference of a certain 

publication listed in the AD. 

We must receive any comments on 

this AD by January 25, 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. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

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 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: 

Philip C. Kush, Aerospace Engineer, 

Propulsion Branch, ANM–140L, Los 

Angeles Aircraft Certification Office, 

FAA, 3960 Paramount Boulevard, 

Lakewood, California 90712–4137; 

telephone (562) 627–5263; fax (562) 

627–5210. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On March 9, 2008, we issued AD 

2008–06–21, Amendment 39–15433 (73 

FR 14673, March 19, 2008). That AD 

applied to all McDonnell Douglas Model 

DC–10–10 and DC–10–10F airplanes, 

Model DC–10–15 airplanes, Model DC– 

10–30 and DC–10–30F (KC–10A and 

KDC–10) airplanes, Model DC–10–40 

and DC–10–40F airplanes, Model MD– 

10–10F and MD–10–30F airplanes, and 

Model MD–11 and MD–11F airplanes. 

That AD required revising the FAAapproved maintenance program, or the 

Airworthiness Limitations (AWLs) 

section of the Instructions for Continued 

Airworthiness, as applicable, to 

incorporate new AWLs for fuel tank 

systems to satisfy Special Federal 

Aviation Regulation No. 88 

requirements. For certain airplanes, that 

AD also required the initial 

accomplishment of a certain repetitive 

AWL inspection to phase in that 

inspection, and repair if necessary. That 

AD resulted from a design review of the 

fuel tank systems. The actions specified 

in that AD are intended to prevent the 

potential for ignition sources inside fuel 

tanks caused by latent failures, 

alterations, repairs, or maintenance 

actions, which, in combination with 

flammable fuel vapors, could result in a 

fuel tank explosion and consequent loss 

of the airplane. 

Critical design configuration control 

limitations (CDCCLs) are limitation 

requirements to preserve a critical 

ignition source prevention feature of the 

fuel tank system design that is necessary 

to prevent the occurrence of an unsafe 

condition. The purpose of a CDCCL is 

to provide instruction to retain the 

critical ignition source prevention 

feature during configuration change that 

may be caused by alterations, repairs, or 

maintenance actions. A CDCCL is not a 

periodic inspection. 

Actions Since AD Was Issued 

Since we issued that AD, we have 

determined that it is necessary to clarify 

the AD’s intended effect on spare and 


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Federal Register / Vol. 74, No. 226 / Wednesday, November 25, 2009 / Rules and Regulations 61505 

on-airplane fuel tank system 

components, regarding the use of 

maintenance manuals and instructions 

for continued airworthiness. 

Section 91.403(c) of the Federal 

Aviation Regulations (14 CFR 91.403(c)) 

specifies the following: 

No person may operate an aircraft for 

which a manufacturer’s maintenance manual 

or instructions for continued airworthiness 

has been issued that contains an 

airworthiness limitation section unless the 

mandatory * * * procedures * * * have 

been complied with. 

Some operators have questioned 

whether existing components affected 

by the new CDCCLs must be reworked. 

We did not intend for the AD to 

retroactively require rework of 

components that had been maintained 

using acceptable methods before the 

effective date of the AD. Owners and 

operators of the affected airplanes 

therefore are not required to rework 

affected components identified as 

airworthy or installed on the affected 

airplanes before the required revisions 

of the FAA-approved maintenance 

program, or the AWLs section, as 

applicable. But once the CDCCLs are 

incorporated into the FAA-approved 

maintenance program or the AWLs 

section, as applicable, future 

maintenance actions on components 

must be done in accordance with those 

CDCCLs. 

FAA’s Determination and Requirements 

of This AD 

The unsafe condition described 

previously is likely to exist or develop 

on other airplanes of the same type 

design. For this reason, we are issuing 

this AD to revise AD 2008–06–21. This 

new AD retains the requirements of the 

existing AD, and adds a new note to 

clarify the intended effect of the AD on 

spare and on-airplane fuel tank system 

components. 

Explanation of Additional Change to 

AD 

AD 2008–06–21 allowed the use of 

later revisions of Appendixes B, C, and 

D of Report MDC–02K1003. That 

provision has been removed from this 

AD. Allowing the use of ‘‘a later 

revision’’ of specific service documents 

violates Office of the Federal Register 

policies for approving materials that are 

incorporated by reference. Affected 

operators, however, may request 

approval to use an alternative CDCCL 

that is part of a later revision of the 

referenced service documents as an 

alternative method of compliance, 

under the provisions of paragraph (l) of 

this AD. 

Costs of Compliance 

This revision imposes no additional 

economic burden. The current costs for 

this AD are repeated for the 

convenience of affected operators, as 

follows: 

There are about 300 airplanes of the 

affected design in the worldwide fleet. 

This AD affects about 180 airplanes of 

U.S. registry. The required actions take 

about 1 work hour per airplane, at an 

average labor rate of $80 per work hour. 

Based on these figures, the estimated 

cost of the AD for U.S. operators is 

$14,400, or $80 per airplane. 

FAA’s Justification and Determination 

of the Effective Date 

This revision merely clarifies the 

intended effect on spare and on-airplane 

fuel tank system components, and 

makes no substantive change to the 

AD’s requirements. For this reason, it is 

found that notice and opportunity for 

prior public comment for this action are 

unnecessary, and good cause exists for 

making this amendment effective in less 

than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not provide you with notice and 

an opportunity to provide your 

comments before it becomes effective. 

However, we invite you to send any 

written data, views, or arguments about 

this AD. Send your comments to an 

address listed under the ADDRESSES

section. Include ‘‘Docket No. FAA– 

2009–1071; Directorate Identifier 2009– 

NM–160–AD’’ at the beginning of your 

comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this AD. We will consider all 

comments received by the closing date 

and may amend this 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 AD. 

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 have determined that 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 the 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. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD docket. 

See the ADDRESSES section for a location 

to examine the regulatory evaluation. 

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 part 39 of the Federal 

Aviation Regulations (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 

removing Amendment 39–15433 (73 FR 

14673, March 19, 2008) and adding the 

following new AD: 

2008–06–21 R1 McDonnell Douglas 

Corporation: Amendment 39–16100. 

Docket No. FAA–2009–1071; Directorate 

Identifier 2009–NM–160–AD. 


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61506 Federal Register / Vol. 74, No. 226 / Wednesday, November 25, 2009 / Rules and Regulations 

Effective Date 

(a) This airworthiness directive (AD) is 

effective December 10, 2009. 

Affected ADs 

(b) This AD revises AD 2008–06–21, 

Amendment 39–15433. 

Applicability 

(c) This AD applies to all McDonnell 

Douglas Corporation Model DC–10–10 and 

DC–10–10F airplanes, Model DC–10–15 

airplanes, Model DC–10–30 and DC–10–30F 

(KC–10A and KDC–10) airplanes, Model DC– 

10–40 and DC–10–40F airplanes, Model MD– 

10–10F and MD–10–30F airplanes, and 

Model MD–11 and MD–11F airplanes; 

certificated in any category. 

Note 1: This AD requires revisions to 

certain operator maintenance documents to 

include new inspections. Compliance with 

these inspections is required by 14 CFR 

91.403(c). For airplanes that have been 

previously modified, altered, or repaired in 

the areas addressed by these inspections, the 

operator may not be able to accomplish the 

inspections described in the revisions. In this 

situation, to comply with 14 CFR 91.403(c), 

the operator must request approval for an 

alternative method of compliance (AMOC) in 

accordance with paragraph (l) of this AD. The 

request should include a description of 

changes to the required inspections that will 

ensure the continued operational safety of 

the airplane. 

Unsafe Condition 

(d) This AD results from a design review 

of the fuel tank systems. We are issuing this 

AD to prevent the potential for ignition 

sources inside fuel tanks caused by latent 

failures, alterations, repairs, or maintenance 

actions, which, in combination with 

flammable fuel vapors, could result in a fuel 

tank explosion and consequent loss of the 

airplane. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Service Information Reference 

(f) The term ‘‘Report MDC–02K1003’’ as 

used in this AD, means the Boeing Trijet 

Special Compliance Item Report, MDC– 

02K1003, Revision C, dated July 24, 2007. 

Restatement of Requirements of AD 2008– 

06–21, With Changes to Compliance Method 

Revise the FAA-Approved Maintenance 

Program 

(g) For Model DC–10–10 and DC–10–10F 

airplanes, Model DC–10–15 airplanes, Model 

DC–10–30 and DC–10–30F (KC–10A and 

KDC–10) airplanes, and Model DC–10–40 

and DC–10–40F airplanes: Before December 

16, 2008, revise the FAA-approved 

maintenance program to incorporate the 

information specified in Appendixes B, C, 

and D of Report MDC–02K1003. 

Revise the Airworthiness Limitations 

(AWLs) Section 

(h) For Model MD–10–10F and MD–10– 

30F airplanes, and Model MD–11 and MD– 

11F airplanes: Before December 16, 2008, 

revise the AWLs section of the Instructions 

for Continued Airworthiness to incorporate 

the information specified in Appendixes B, 

C, and D of Report MDC–02K1003, except 

that the initial inspection required by 

paragraph (i) of this AD must be done at the 

applicable compliance time specified in that 

paragraph. 

Initial Inspection and Repair if Necessary 

(i) For Model MD–11 and MD–11F 

airplanes: Within 60 months after April 23, 

2008 (the effective date AD 2008–06–21), do 

a detailed inspection of the metallic 

overbraiding and red-wrap tape installed on 

the tail tank fuel quantity indication system 

(FQIS) wiring to verify if the metallic 

overbraiding or red-wrap tape is damaged or 

shows signs of deterioration, in accordance 

with ALI 20–2 of Appendix C of Report 

MDC–02K1003. If any discrepancy is found 

during the inspection, repair the discrepancy 

before further flight in accordance with ALI 

20–2 of Appendix C of Report MDC– 

02K1003. 

Note 2 : For the purposes of this AD, a 

detailed inspection is: ‘‘An intensive 

examination of a specific item, installation, 

or assembly to detect damage, failure, or 

irregularity. Available lighting is normally 

supplemented with a direct source of good 

lighting at an intensity deemed appropriate. 

Inspection aids such as mirror, magnifying 

lenses, etc., may be necessary. Surface 

cleaning and elaborate procedures may be 

required.’’ 

No Reporting Requirement 

(j) Although Report MDC–02K1003 

specifies to submit certain information to the 

manufacturer, this AD does not require that 

action. 

No Alternative Inspections, Inspection 

Intervals, or Critical Design Configuration 

Control Limitations (CDCCLs) 

(k) After accomplishing the applicable 

actions specified in paragraphs (g), (h), and 

(i) of this AD, no alternative inspections, 

inspection intervals, or CDCCLs may be used 

unless the inspections, intervals, or CDCCLs 

are approved as an AMOC in accordance 

with the procedures specified in paragraph 

(l) of this AD. 

New Information 

Explanation of CDCCL Requirements 

Note 3: Notwithstanding any other 

maintenance or operational requirements, 

components that have been identified as 

airworthy or installed on the affected 

airplanes before the revision of the FAAapproved maintenance program, or the AWLs 

section, as required by paragraphs (g) and (h) 

of this AD, do not need to be reworked in 

accordance with the CDCCLs. However, once 

the FAA-approved maintenance program, or 

the AWLs section, as applicable, has been 

revised, future maintenance actions on these 

components must be done in accordance 

with the CDCCLs. 

Alternative Methods of Compliance 

(AMOCs) 

(l)(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 C. 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. 

(3) AMOCs approved previously in 

accordance with AD 2008–06–21, 

Amendment 39–15433, are approved as 

AMOCs for the corresponding provisions of 

this AD. 

Material Incorporated by Reference 

(m) You must use Boeing Trijet Special 

Compliance Item Report, MDC–02K1003, 

Revision C, dated July 24, 2007, to do the 

actions required by this AD, unless the AD 

specifies otherwise. 

(1) The Director of the Federal Register 

previously approved the incorporation by 

reference of Boeing Trijet Special 

Compliance Item Report, MDC–02K1003, 

Revision C, dated July 24, 2007, on April 23, 

2008 (73 FR 14673, March 19, 2008). 

(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 or 425–227–1152. 

(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 

November 12, 2009. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–28163 Filed 11–24–09; 8:45 am] 

BILLING CODE 4910–13–P 


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