50718 Federal Register / Vol. 73, No. 168 / Thursday, August 28, 2008 / Rules and Regulations 

2007, 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, P.O. Box 3707, Seattle, 

Washington 98124–2207. 

(3) You may review copies of the service 

information incorporated by reference at the 

FAA, Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington; or 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 August 

8, 2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–19378 Filed 8–27–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27339; Directorate 

Identifier 2006–NM–280–AD; Amendment 

39–15654; AD 2008–17–16] 

RIN 2120–AA64 

Airworthiness Directives; 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 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

transport category airplanes identified 

above. This AD requires modifying the 

fuel boost pumps. This AD results from 

a fuel boost pump found with blown 

thermal fuses and a fractured thrust 

washer. We are issuing this AD to 

prevent failure of the fuel boost pumps, 

which could lead to the potential of 

ignition sources inside fuel tanks. This 

condition, in combination with 

flammable fuel vapors, could result in 

fuel tank explosions and consequent 

loss of the airplane. 

DATES: This AD becomes effective 

October 2, 2008. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of October 2, 2008. 

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Long Beach 

Division, 3855 Lakewood Boulevard, 

Long Beach, California 90846, 

Attention: Data and Service 

Management, Dept. C1–L5A (D800–

0024). 

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: 

Samuel Lee, Aerospace Engineer, 

Propulsion Branch, ANM–140L, FAA, 

Los Angeles Aircraft Certification 

Office, 3960 Paramount Boulevard, 

Lakewood, California 90712–4137; 

telephone (562) 627–5262; fax (562) 

627–5210. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The FAA issued a supplemental 

notice of proposed rulemaking (NPRM) 

to amend 14 CFR part 39 to include an 

AD that would apply to certain 

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 

supplemental NPRM was published in 

the Federal Register on March 7, 2008 

(73 FR 12301). That supplemental 

NPRM proposed to require modifying 

the fuel boost pumps. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comments received. 

Support for the Supplemental NPRM 

FedEx agrees with the technical 

aspects of the supplemental NPRM. 

Request to Allow Use of Parts 

Manufacture Approval (PMA) Parts 

Wencor West requests that we revise 

the supplemental NPRM to allow the 

use of PMA part numbers (P/Ns) 60–

84744WE, 60–06561WE, 60–01317WE, 

and 60–02927WE as acceptable means 

of compliance for the replacement of 

Hydro-Aire fuel boost pumps having 

P/Ns 60–84744, 60–06561, 60–01317, 

and 60–02927, respectively. Wencor 

West states that these PMA parts were 

developed through the test and 

computation method governed by 

section 21.303 (‘‘Replacement and 

modification parts’’) of the Federal 

Aviation Regulations (14 CFR 21.303) 

and FAA Order 8110–42B. Wencor West 

also states that the FAA found the PMA 

parts to be equal to and interchangeable 

with the Hydro-Aire parts. In addition, 

Wencor West requests that we clarify 

that certain other PMA parts, which 

may be used when doing further 

maintenance or overhaul of the pump, 

continue to be approved as equivalents 

to the original equipment manufacturer 

parts. 

We disagree with revising this AD. 

Boeing conducted safety assessments of 

the fuel tank systems approved by the 

Los Angeles Aircraft Certification Office 

(ACO). As a result, we issued AD 2008–

06–21, amendment 39–15433 (73 FR 

14673, March 19, 2008), to require 

revising the FAA-approved maintenance 

program to incorporate new 

Airworthiness Limitations for the fuel 

tank systems to satisfy the requirements 

of Special Federal Aviation Regulation 

No. 88. That AD, in part, addressed 

maintenance of the fuel boost pumps. 

Any deviation from the safety 

assessment conducted by Boeing, 

including the use of PMA parts on the 

fuel boost pumps, must be approved by 

the Manager, Los Angeles ACO. 

Consequently, all previously approved 

PMA parts must be re-evaluated to 

determine whether an equivalent level 

of safety for each part meets the 

approved safety assessment. Therefore, 

engineering design approval of the PMA 

parts manufactured by Wencor West 

must be approved as an alternative 

method of compliance (AMOC) under 

the provisions of paragraph (h) of this 

AD. We will consider requests for 

approval of an AMOC if sufficient data 

are submitted to substantiate that the 

design change would provide an 

acceptable level of safety. We have not 

changed the AD in this regard. 

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Federal Register / Vol. 73, No. 168 / Thursday, August 28, 2008 / Rules and Regulations 50719 

Request to Revise Cost of Compliance 

FedEx requests that we revise the 

Costs of Compliance section of the 

supplemental NPRM to reflect a figure 

that is more representative of an 

operator’s cost. FedEx points out that 

Crane Hydro-Aire Service Bulletin 60–

847–28–3, dated July 2, 2007, estimates 

that replacement parts cost $639.64, 

labor costs $445.50, and removal and 

installation of the fuel pump cost 

$107.80. These figures total $1,192.94 

per fuel pump. Given that this AD 

affects about 360 airplanes of U.S. 

registry equipped with 10 to 19 fuel 

pumps, FedEx estimates that the total 

fleet cost is between $4,294,584 and 

$8,159,709, or between $11,929 and 

$22,665 per airplane. 

FedEx also points out that Crane 

Hydro-Aire Service Bulletin 60–847–

28–3 states that if a pump assembly 

requires additional repair, then the 

repair will be quoted separately. FedEx 

states that it would be unrealistic to 

think that there will not be repair/ 

overhaul costs associated with this 

modification. FedEx’s experience has 

shown that about 80 percent of the fuel 

pumps, removed due to inspection or 

modification, resulted in repair or 

overhaul of the pump. FedEx, therefore, 

estimates that at least 50 percent of the 

fuel pumps in-service will need to be 

repaired or overhauled at a cost of 

$5,000 per pump. FedEx estimates that 

repair/overhaul will cost at least 

$9,000,000 (360 airplanes × 5 pumps × 

$5,000). FedEx states that this cost for 

repair/overhaul of the fuel pump should 

also be included in the Costs of 

Compliance section. 

We disagree with revising the Costs of 

Compliance section. When developing 

the Costs of Compliance for an AD we 

take into account the estimated work 

hours and parts cost provided by the 

manufacturer. Paragraph 1.G. of Crane 

Hydro-Aire Service Bulletin 60–847–

28–3 estimates that the modification 

would take about 3 work hours, which 

we used with our estimated average 

labor rate of $80 per work hour to 

determine the total labor costs. The 

economic analysis, however, is limited 

only to the cost of actions actually 

required by the rule. It does not 

consider the costs of routine 

maintenance. We have not changed the 

AD in this regard. 

Clarification of AMOC Paragraph 

We have revised this action to clarify 

the appropriate procedure for notifying 

the principal inspector before using any 

approved AMOC on any airplane to 

which the AMOC applies. 

Conclusion 

We have carefully reviewed the 

available data, including the comments 

received, and determined that air safety 

and the public interest require adopting 

the AD with the change described 

previously. We have determined that 

this change will neither increase the 

economic burden on any operator nor 

increase the scope of the AD. 

Costs of Compliance 

There are about 512 airplanes of the 

affected design in the worldwide fleet. 

This AD affects about 360 airplanes of 

U.S. registry. The required modification 

takes about 3 work hours per fuel boost 

pump, at an average labor rate of $80 

per work hour. Required parts cost 

about $640 per fuel boost pump. 

Depending on the airplane 

configuration, there are between 10 and 

19 fuel boost pumps per airplane. Based 

on these figures, the estimated cost of 

this AD for U.S. operators is between 

$3,168,000 and $6,019,200, or between 

$8,800 and $16,720 per airplane. 

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 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. 

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 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 Federal Aviation 

Administration (FAA) amends § 39.13 

by adding the following new 

airworthiness directive (AD): 

2008–17–16 McDonnell Douglas: 

Amendment 39–15654. Docket No. 

FAA–2007–27339; Directorate Identifier 

2006–NM–280–AD. 

Effective Date 

(a) This AD becomes effective October 2, 

2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to the airplanes 

identified in paragraphs (c)(1) and (c)(2) of 

this AD, certificated in any category. 

(1) 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, and Model 

MD–10–10F and MD–10–30F airplanes; as 

identified in Boeing Alert Service Bulletin 

DC10–28A254, Revision 1, dated September 

12, 2007. 

(2) McDonnell Douglas Model MD–11 and 

MD–11F airplanes, as identified in Boeing 

Alert Service Bulletin MD11–28A134, 

Revision 1, dated September 6, 2007. 

Unsafe Condition 

(d) This AD results from a fuel boost pump 

found with blown thermal fuses and a 

fractured thrust washer. We are issuing this 

AD to prevent failure of the fuel boost 

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50720 Federal Register / Vol. 73, No. 168 / Thursday, August 28, 2008 / Rules and Regulations 

pumps, which could lead to the potential of 

ignition sources inside fuel tanks. This 

condition, in combination with flammable 

fuel vapors, could result in fuel tank 

explosions and consequent loss of the 

airplane. 

Compliance 

(e) Comply with this AD within the 

compliance times specified, unless already 

done. 

Service Bulletin Reference Paragraph 

(f) The term ‘‘service bulletin,’’ as used in 

this AD, means the following service 

bulletins, as applicable: 

(1) For the airplanes identified in 

paragraph (c)(1) of this AD, Boeing Alert 

Service Bulletin DC10–28A254, Revision 1, 

dated September 12, 2007. 

(2) For the airplanes identified in 

paragraph (c)(2) of this AD, Boeing Alert 

Service Bulletin MD11–28A134, Revision 1, 

dated September 6, 2007. 

Note 1: Boeing Alert Service Bulletin 

DC10–28A254, Revision 1, dated September 

12, 2007; and Boeing Alert Service Bulletin 

MD11–28A134, Revision 1, dated September 

6, 2007; refer to Crane Hydro-Aire Service 

Bulletin 60–847–28–3, Revision 1, dated July 

2, 2007, as an additional source of service 

information for accomplishing the 

modification in paragraph (g) of this AD. 

Modification 

(g) At the applicable compliance time 

specified in paragraph (g)(1) or (g)(2) of this 

AD, modify the fuel boost pumps having part 

numbers 60–847–1A, –2, or –3, in accordance 

with the Accomplishment Instructions of the 

applicable service bulletin. 

(1) For fuel boost pumps identified as 

Configuration 1 or 2 in Table 1 of paragraph 

1.E. of the applicable service bulletin, do the 

modification within 120 months after the 

effective date of this AD. 

(2) For fuel boost pumps identified as 

Configuration 3 in Table 1 of paragraph 1.E. 

of the applicable service bulletin, do the 

modification within 72 months after the 

effective date of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(h)(1) The Manager, Los Angeles Aircraft 

Certification Office (ACO), FAA, ATTN: 

Samuel Lee, Aerospace Engineer, Propulsion 

Branch, ANM–140L, FAA, Los Angeles ACO, 

3960 Paramount Boulevard, Lakewood, 

California 90712–4137; telephone (562) 627–

5262; fax (562) 627–5210; has the authority 

to approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

(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 appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

Material Incorporated by Reference 

(i) You must use Boeing Alert Service 

Bulletin DC10–28A254, Revision 1, dated 

September 12, 2007; or Boeing Alert Service 

Bulletin MD11–28A134, Revision 1, dated 

September 6, 2007; as applicable, to perform 

the actions that are required by this AD, 

unless the AD specifies otherwise. The 

Director of the Federal Register approved the 

incorporation by reference of these 

documents in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. Contact Boeing 

Commercial Airplanes, Long Beach Division, 

3855 Lakewood Boulevard, Long Beach, 

California 90846, Attention: Data and Service 

Management, Dept. C1–L5A (D800–0024), for 

a copy of this service information. You may 

review copies at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington; or 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/ 

cfr/ibr-locations.html. 

Issued in Renton, Washington, on August 

12, 2008. 

Michael J Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E8–19381 Filed 8–27–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2007–29361; Airspace 

Docket 07–AEA–5] 

Amendment of Class E Airspace; 

Factoryville, PA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends the Class 

E airspace area at Factoryville, PA, to 

provide additional controlled airspace 

accommodating a new Runway 4 

Standard Instrument Approach 

Procedure (SIAP) developed for 

Seamans Field, Factoryville, PA. This 

action increases the radius of the 

current Class E airspace and includes 

airspace on each side of the Lake Henry 

VORTAC 299° radial extending to the 

VORTAC. 

DATES: 0901 UTC, November 25, 2008. 

The Director of the Federal Register 

approves this incorporation by reference 

action under title 1, Code of Federal 

Regulations, part 51, subject to the 

annual revision of FAA Order 7400.9 

and publication of conforming 

amendments. 

FOR FURTHER INFORMATION CONTACT: 

Melinda Giddens, System Support, 

Eastern Service Center, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; telephone (404) 

305–5610. 

SUPPLEMENTARY INFORMATION: 

History 

On January 31, 2008, the FAA 

published in the Federal Register a 

Notice of Proposed Rulemaking to 

amend Title 14 of the Code of Federal 

Regulations (14 CFR) part 71 by 

modifying Class E airspace at 

Factoryville, PA (73 FR 5778). The 

proposed action was to accommodate a 

new SIAP for Runway 4 by expanding 

the Class E airspace for Seamans Field. 

Interested parties were invited to 

participate in this rulemaking 

proceeding by submitting written 

comments on the proposal to the FAA. 

No comments objecting to the proposal 

were received. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

provides additional controlled airspace 

to accommodate a new Runway 4 SIAP 

developed for Seamans Field. This 

action increases current Class E airspace 

from a 6.2-mile radius to an 8.2-mile 

radius of Seamans Field and includes 

the airspace within 5.3 miles each side 

of the Lake Henry VORTAC 299° radial 

extending from the 8.2-mile radius of 

Seamans Field to the VORTAC. 

Airspace designations for Class E 

airspace areas extending upward from 

700 feet or more above the surface of the 

earth are published in Paragraph 6005 of 

FAA Order 7400.9R, signed August 15, 

2007, and effective September 15, 2007, 

which is incorporated by reference in 14 

CFR 71.1. The Class E airspace 

designation listed in this document will 

be published subsequently in the Order. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore, (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) does not warrant 

preparation of a Regulatory Evaluation 

as the anticipated impact is so minimal. 

Since this is a routine matter that will 

only affect air traffic procedures and air 

navigation, it is certified that this rule, 

when promulgated, will not have a 

significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in the 

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