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, and MD-10-30F Airplanes, 69268-69271 [E9-30698]
Download as PDF
69268
Federal Register / Vol. 74, No. 250 / Thursday, December 31, 2009 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–0186; Directorate
Identifier 2007–NM–226–AD; Amendment
39–16156; AD 2009–26–17]
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, and MD–
10–30F Airplanes
erowe on DSK5CLS3C1PROD with RULES
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
SUMMARY: The FAA is superseding an
existing airworthiness directive (AD),
which applies 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, and DC–10–40F airplanes. That
AD currently requires installing or
replacing with improved parts, as
applicable, the bonding straps between
the metallic frame of the fillet and the
wing leading edge ribs, on both the left
and right sides of the airplane. This new
AD revises the applicability by adding
and removing certain airplanes. This
new AD requires, for certain airplanes,
repositioning or replacing two bonding
straps, and doing a bonding-resistance
check and an inspection to determine
correct installation of certain bonding
straps, and applicable corrective
actions. This AD results from fuel
system reviews conducted by the
manufacturer. We are issuing this AD to
reduce the potential of ignition sources
inside fuel tanks in the event of a severe
lightning strike, which, in combination
with flammable fuel vapors, could result
in fuel tank explosions and consequent
loss of the airplane.
DATES: This AD becomes effective
February 4, 2010.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the AD
as of February 4, 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.comd.
VerDate Nov<24>2008
13:48 Dec 30, 2009
Jkt 220001
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
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 second
supplemental notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that
supersedes AD 2006–16–03,
Amendment 39–14703 (71 FR 43962,
August 3, 2006). The existing AD
applies 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,
and DC–10–40F airplanes. The existing
AD requires installing or replacing with
improved parts, as applicable, the
bonding straps between the metallic
frame of the fillet and the wing leading
edge ribs, on both the left and right
sides of the airplane. That second
supplemental NPRM was published in
the Federal Register on September 1,
2009 (74 FR 45135). That second
supplemental NPRM proposed to add a
requirement to reposition or replace
bonding straps for certain airplanes, and
for certain airplanes, a bondingresistance check and an inspection to
determine correct installation of certain
bonding straps, and applicable
corrective actions. The second
supplemental NPRM also proposed to
revise the applicability by adding and
removing certain airplanes.
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comments from the sole
commenter, FedEx, that have been
received on the second supplemental
NPRM.
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
Request for Credit for Actions
Previously Accomplished
FedEx requests credit for the actions
previously accomplished. FedEx notes
that under its alternative method of
compliance (AMOC) previously
approved by the FAA it has already
accomplished resistance checks
required by paragraphs (i)(2) and (j)(2)
of the second supplemental NPRM on
its airplanes. FedEx notes that they
performed resistance checks in
accordance with the AMOC previously
granted by the FAA. FedEx states that it
will accomplish a resistance check of
any bonding straps replaced.
FedEx also requests credit for
correctly installing the braided bonding
straps mentioned in paragraph (j)(1) of
the second supplemental NPRM, which
it accomplished in accordance with the
AMOC previously granted.
We agree to provide credit for
accomplishing the actions required by
paragraphs (i)(2), (j)(1), and (j)(2) of this
final rule for the reasons that the
commenter provided. Paragraph (l)(3) of
the second supplemental NPRM already
states that AMOCs approved previously
in accordance with AD 2006–16–03 are
approved as AMOCs for the
corresponding provisions of this AD.
Therefore, no change to this final rule is
necessary.
Request To Change Applicability of
Paragraph (h) of the Second
Supplemental NPRM
FedEx requests that we change the
identification of airplanes subject to
paragraph (h) of the second
supplemental NPRM. FedEx notes that
paragraph (h) of the second
supplemental NPRM specifies
‘‘airplanes with fuselage numbers not
identified in Table 2 of this AD except
for airplanes identified in paragraph (i)
or (j) of this AD.’’ FedEx notes that its
fuselage 317 does not appear in the
effectivity of either Boeing Service
Bulletin DC10–53–111, Revision 6,
dated March 3, 2009; or Boeing Service
Bulletin DC10–53–109, Revision 7,
dated March 3, 2009 (the airplane
groups identified in those service
bulletins are referenced in paragraphs (i)
and (j) of this AD). FedEx assumes that
paragraph (h) was added to address this
airplane and other airplanes that did not
appear in either service bulletin. FedEx
notes that the effectivity issues as they
pertained to its fleet were sorted out in
its AMOC request.
We disagree that it is necessary to
address fuselage number 317 and the
other airplane fuselage numbers in this
final rule because the effectivity has
been corrected in the effectivity sections
E:\FR\FM\31DER1.SGM
31DER1
Federal Register / Vol. 74, No. 250 / Thursday, December 31, 2009 / Rules and Regulations
of the Boeing service bulletins listed in
Table 1 of this AD and/or previously
approved AMOCs. We have not changed
the AD in regard to this issue.
Request To Revise Paragraph (h) of the
Second Supplemental NPRM
FedEx requests that we remove the
phrase ‘‘and reposition two bonding
straps’’ from paragraph (h) of the second
supplemental NPRM. FedEx states that
if airplanes have not been modified to
comply with the intent of the applicable
service bulletin referenced in paragraph
(h) of the second supplemental NPRM,
then they would not have any bonding
straps that require only repositioning.
We agree to remove the phrase ‘‘and
reposition two bonding straps’’ from
paragraph (h) of the second
supplemental NPRM in this final rule
for the reason stated by the commenter.
Request To Clarify Paragraph (j)(1) of
the Second Supplemental NPRM
FedEx requests that we clarify
paragraph (j)(1) of the second
supplemental NPRM to help operators
determine the correct braided bonding
strap. FedEx suggests changing
paragraph (j)(1) to state: ‘‘Do a general
visual inspection to verify correct
installation of two braided bonding
straps (one LH wing and one RH wing)
as shown [in] Boeing Service Bulletin
DC–10–53–111, Revision 6, Figure 3,
Sheet 7 of 9.’’
We agree that this change provides
additional beneficial information to
operators. We have revised paragraph
(j)(1) of the final AD accordingly.
Request To Clarify Effectivity Sections
of the Service Bulletins in Table 2
FedEx requests that we note that the
effectivity sections in the service
bulletins identified in Table 2 of the
second supplemental NPRM have 25
fuselage numbers that appear in both
service bulletins. FedEx states that we
may wish to address these fuselage
numbers in some manner in the
proposed rule.
69269
We agree that clarification may be
necessary. Boeing has corrected Table 1
in the effectivity sections of the service
bulletins referenced in Table 2 of this
AD. We have not changed this AD in
this regard.
Conclusion
We have carefully reviewed the
available data, including the comments
that have been received, and determined
that air safety and the public interest
require adopting the AD with the
changes described previously. We have
determined that these changes will
neither increase the economic burden
on any operator nor increase the scope
of the AD.
Costs of Compliance
There are about 457 airplanes of the
affected design in the worldwide fleet.
The following table provides the
estimated costs for U.S. operators to
comply with this AD.
ESTIMATED COSTS
Work hours
Average labor rate
per hour
Parts
Cost per airplane
Number of
U.S.-registered
airplanes
2–17 ..................
$80
Up to $4,169 .......................
Up to $5,529 .......................
281
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.
erowe on DSK5CLS3C1PROD with RULES
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,
VerDate Nov<24>2008
13:48 Dec 30, 2009
Jkt 220001
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:
■
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
Fleet cost
Up to $1,553,649.
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 removing amendment 39–14703 (71
FR 43962, August 3, 2006) and by
adding the following new airworthiness
directive (AD):
■
2009–26–17 McDonnell Douglas
Corporation: Amendment 39–16156.
Docket No. FAA–2007–0186; Directorate
Identifier 2007–NM–226–AD.
Effective Date
(a) This AD becomes effective February 4,
2010.
Affected ADs
(b) This AD supersedes AD 2006–16–03,
Amendment 39–14703.
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, and DC–10–40F
airplanes, and MD–10–10F and MD–10–30F
airplanes that have been converted from
Model DC–10 series airplanes; certificated in
E:\FR\FM\31DER1.SGM
31DER1
69270
Federal Register / Vol. 74, No. 250 / Thursday, December 31, 2009 / Rules and Regulations
any category; with manufacturer’s fuselage
numbers as identified in the applicable
service bulletin listed in Table 1 of this AD.
TABLE 1—APPLICABILITY
Boeing Service Bulletin—
Revision—
DC10–53–109 ........................................
DC10–53–111 ........................................
Dated—
7
6
Subject
For airplanes with—
March 3, 2009 ...............................
March 3, 2009 ...............................
Extended wing-to-fuselage fillets.
Conventional wing-to-fuselage fillets.
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.
(d) Air Transport Association (ATA) of
America Code 53: Fuselage.
Unsafe Condition
(e) This AD results from fuel system
reviews conducted by the manufacturer. We
are issuing this AD to reduce the potential of
ignition sources inside fuel tanks in the event
of a severe lightning strike, which, in
combination with flammable fuel vapors,
could result in fuel tank explosions and
consequent loss of the airplane.
Restatement of Requirements of AD 2006–
16–03, With New Service Information
Installation or Replacement
(g) For airplanes with manufacturer’s
fuselage numbers identified in the applicable
service bulletin listed in Table 2 of this AD:
Within 7,500 flight hours or 60 months after
September 7, 2006 (the effective date of AD
2006–16–03), whichever occurs earlier:
Install or replace with improved parts, as
applicable, the bonding straps between the
metallic frame of the fillet and the wing
leading edge ribs, on both the left and right
sides of the airplane, in accordance with the
Accomplishment Instructions of the
applicable service bulletin identified in Table
2 of this AD or Table 1 of this AD. After the
effective date of this AD, use the applicable
service bulletin identified in Table 1 of this
AD.
TABLE 2—FUSELAGE NUMBERS AFFECTED BY AD 2006–16–03
McDonnell Douglas DC–10 Service
Bulletin—
Revision—
53–109 ....................................................
53–111 ....................................................
4
3
New Requirements of This AD
erowe on DSK5CLS3C1PROD with RULES
Installation or Replacement
(h) For airplanes with fuselage numbers
not identified in Table 2 of this AD except
for airplanes identified in paragraph (i) or (j)
of this AD: Within 7,500 flight hours or 60
months, whichever occurs first after the
effective date of this AD, install or replace
with improved parts, as applicable, the
bonding straps between the metallic frame of
the fillet and the wing leading edge ribs, on
both the left and right sides of the airplane.
Do the actions in accordance with the
Accomplishment Instructions of the
applicable service bulletin identified in Table
1 of this AD.
Strap Repositioning for Certain Airplanes
(i) For Group 1–4, Configuration 3
airplanes, as identified in Boeing Service
Bulletin DC10–53–109, Revision 7, dated
March 3, 2009: Within 7,500 flight hours or
60 months after the effective date of this AD,
whichever occurs first, do the actions
specified in paragraphs (i)(1) and (i)(2) of this
AD.
(1) Remove two braided bonding straps and
install two longer braided bonding straps
between the metallic frame of the fillet and
the wing leading edge ribs, in accordance
with the Accomplishment Instructions of
Boeing Service Bulletin DC10–53–109,
Revision 7, dated March 3, 2009.
(2) Measure the resistance of the previously
installed bonding straps and, before further
flight, do all applicable corrective actions, in
accordance with the Accomplishment
Instructions of Boeing Service Bulletin
DC10–53–109, Revision 7, dated March 3,
2009.
VerDate Nov<24>2008
13:48 Dec 30, 2009
Jkt 220001
Dated—
For airplanes with—
October 7, 1992 ............................
August 24, 1992 ............................
Extended wing-to-fuselage fillets.
Conventional wing-to-fuselage fillets.
Inspection and Corrective Action for Certain
Airplanes
(j) For Group 1–2, Configuration 2
airplanes, as identified in Boeing Service
Bulletin DC10–53–111, Revision 6, dated
March 3, 2009: Within 7,500 flight hours or
60 months after the effective date of this AD,
whichever occurs first, do the actions
specified in paragraphs (j)(1) and (j)(2) of this
AD.
(1) Do a general visual inspection to verify
correct installation of the braided bonding
straps (one left-hand wing and one righthand wing) as shown in Sheet 7 in Figure 3
of Boeing Service Bulletin DC10–53–111,
Revision 6, dated March 3, 2009, and, before
further flight, do all applicable corrective
actions, in accordance with the
Accomplishment Instructions of Boeing
Service Bulletin DC10–53–111, Revision 6,
dated March 3, 2009.
(2) Measure the resistance of the previously
installed bonding straps and, before further
flight, do all applicable corrective actions, in
accordance with the Accomplishment
Instructions of Boeing Service Bulletin
DC10–53–111, Revision 6, dated March 3,
2009.
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:
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.
(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 2006–16–03 are
approved as AMOCs for the corresponding
provisions of this AD.
Credit for Actions Accomplished in
Accordance With Previous Service
Information
(k) Actions accomplished before the
effective date of this AD according to Boeing
Service Bulletin DC10–53–111, Revision 5,
dated March 19, 2008; and Boeing Service
Bulletin DC10–53–109, Revision 6, dated July
10, 2008; are considered acceptable for
compliance with the corresponding action
specified in this AD.
Material Incorporated by Reference
(m) You must use Boeing Service Bulletin
DC10–53–109, Revision 7, dated March 3,
2009; and Boeing Service Bulletin DC10–53–
111, Revision 6, dated March 3, 2009; 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.
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
E:\FR\FM\31DER1.SGM
31DER1
Federal Register / Vol. 74, No. 250 / Thursday, December 31, 2009 / Rules and Regulations
(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: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on
December 17, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E9–30698 Filed 12–30–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2009–0650; Airspace
Docket No. 09–ASO–20]
Amendment of Class E Airspace;
Myrtle Beach, SC
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
This action changes the
airport name for the Myrtle Beach, SC,
Class E airspace area from Myrtle Beach
AFB, to Myrtle Beach International
Airport. This action also will update the
geographic coordinates of the airports
within the controlled airspace.
DATES: Effective 0901 UTC, February 11,
2010. 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.
erowe on DSK5CLS3C1PROD with RULES
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Melinda Giddens, Operations Support
Group, Eastern Service Center, Federal
Aviation Administration, P.O. Box
20636, Atlanta, Georgia 30320;
telephone (404) 305–5610.
SUPPLEMENTARY INFORMATION:
VerDate Nov<24>2008
13:48 Dec 30, 2009
Jkt 220001
History
The FAA assumed responsibility for
the Air Traffic Control Tower at Myrtle
Beach AFB from the United States Air
Force on December 27, 1992. On
February 12, 1997, a final rule
published in the Federal Register (62
FR 6698) established Class C airspace,
revoked Class D airspace, and changed
the airport name to Myrtle Beach
International Airport, Myrtle Beach, SC.
However, the existing Class E airspace
area for Myrtle Beach, SC, was not
amended to reflect the airport name
change. This action will make that
change. There are no changes to the
boundaries or altitudes within this
airspace area. Designations for Class E
airspace areas extending upward from
700 feet or more above the surface of the
earth are published in FAA Order
7400.9T, signed August 27, 2009, and
effective September 15, 2009, which is
incorporated by reference in 14 CFR
part 71.1. The Class E designations
listed in this document will be
published subsequently in the Order.
The Rule
Frm 00029
detail the scope of the agency’s
authority. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation in within the
scope of that authority as it amends the
airspace description for Myrtle Beach,
SC, Class E airspace.
Accordingly, since this action merely
involves a change in the legal
description of the Myrtle Beach, SC,
Class E airspace area, and does not
involve a change in the dimensions or
operating requirements of that airspace,
notice and public comment under 5
U.S.C. 553(b) are unnecessary.
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
■
This action amends Title 14, Code of
Federal Regulations (14 CFR) part 71 by
denoting the renaming of the airport
from Myrtle Beach AFB, to Myrtle
Beach International Airport, Myrtle
Beach, SC. This action also adjusts the
geographic coordinates of Myrtle Beach
International Airport and Grand Strand
Airport to coincide with the FAA’s
National Aeronautical Charting Office.
There are no changes to the boundaries
or altitudes within this airspace area.
The FAA has determined that this
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
Title 49 of the U.S. Code. Subtitle 1,
Section 106 describes the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
PO 00000
69271
Fmt 4700
Sfmt 4700
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
■
Authority: 49 U.S.C. 106(g); 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of Federal Aviation
Administration Order 7400.9T, Airspace
Designations and Reporting Points,
signed August 27, 2009, and effective
September 15, 2009, is amended as
follows:
■
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
*
ASO SC E5
*
*
*
Myrtle Beach, SC [Amended]
Myrtle Beach International Airport, SC
(Lat. 33°40′47″ N., Long. 78°55′42″ W.)
North Myrtle Beach, Grand Strand Airport,
SC
(Lat. 33°48′42″ N., Long. 78°43′26″ W.)
That airspace extending upward from 700
feet above the surface within a 7-mile radius
of the Myrtle Beach International Airport and
within an 8-mile radius of Grand Strand
Airport.
*
E:\FR\FM\31DER1.SGM
*
*
31DER1
*
*
Agencies
[Federal Register Volume 74, Number 250 (Thursday, December 31, 2009)]
[Rules and Regulations]
[Pages 69268-69271]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30698]
[[Page 69268]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-0186; Directorate Identifier 2007-NM-226-AD;
Amendment 39-16156; AD 2009-26-17]
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, and MD-10-30F Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is superseding an existing airworthiness directive
(AD), which applies 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, and DC-10-40F
airplanes. That AD currently requires installing or replacing with
improved parts, as applicable, the bonding straps between the metallic
frame of the fillet and the wing leading edge ribs, on both the left
and right sides of the airplane. This new AD revises the applicability
by adding and removing certain airplanes. This new AD requires, for
certain airplanes, repositioning or replacing two bonding straps, and
doing a bonding-resistance check and an inspection to determine correct
installation of certain bonding straps, and applicable corrective
actions. This AD results from fuel system reviews conducted by the
manufacturer. We are issuing this AD to reduce the potential of
ignition sources inside fuel tanks in the event of a severe lightning
strike, which, in combination with flammable fuel vapors, could result
in fuel tank explosions and consequent loss of the airplane.
DATES: This AD becomes effective February 4, 2010.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of February 4,
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.comd.
Examining the AD Docket
You may examine the AD docket on the Internet at https://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 second supplemental notice of proposed rulemaking
(NPRM) to amend 14 CFR part 39 to include an AD that supersedes AD
2006-16-03, Amendment 39-14703 (71 FR 43962, August 3, 2006). The
existing AD applies 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, and DC-10-40F
airplanes. The existing AD requires installing or replacing with
improved parts, as applicable, the bonding straps between the metallic
frame of the fillet and the wing leading edge ribs, on both the left
and right sides of the airplane. That second supplemental NPRM was
published in the Federal Register on September 1, 2009 (74 FR 45135).
That second supplemental NPRM proposed to add a requirement to
reposition or replace bonding straps for certain airplanes, and for
certain airplanes, a bonding-resistance check and an inspection to
determine correct installation of certain bonding straps, and
applicable corrective actions. The second supplemental NPRM also
proposed to revise the applicability by adding and removing certain
airplanes.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments from the sole
commenter, FedEx, that have been received on the second supplemental
NPRM.
Request for Credit for Actions Previously Accomplished
FedEx requests credit for the actions previously accomplished.
FedEx notes that under its alternative method of compliance (AMOC)
previously approved by the FAA it has already accomplished resistance
checks required by paragraphs (i)(2) and (j)(2) of the second
supplemental NPRM on its airplanes. FedEx notes that they performed
resistance checks in accordance with the AMOC previously granted by the
FAA. FedEx states that it will accomplish a resistance check of any
bonding straps replaced.
FedEx also requests credit for correctly installing the braided
bonding straps mentioned in paragraph (j)(1) of the second supplemental
NPRM, which it accomplished in accordance with the AMOC previously
granted.
We agree to provide credit for accomplishing the actions required
by paragraphs (i)(2), (j)(1), and (j)(2) of this final rule for the
reasons that the commenter provided. Paragraph (l)(3) of the second
supplemental NPRM already states that AMOCs approved previously in
accordance with AD 2006-16-03 are approved as AMOCs for the
corresponding provisions of this AD. Therefore, no change to this final
rule is necessary.
Request To Change Applicability of Paragraph (h) of the Second
Supplemental NPRM
FedEx requests that we change the identification of airplanes
subject to paragraph (h) of the second supplemental NPRM. FedEx notes
that paragraph (h) of the second supplemental NPRM specifies
``airplanes with fuselage numbers not identified in Table 2 of this AD
except for airplanes identified in paragraph (i) or (j) of this AD.''
FedEx notes that its fuselage 317 does not appear in the effectivity of
either Boeing Service Bulletin DC10-53-111, Revision 6, dated March 3,
2009; or Boeing Service Bulletin DC10-53-109, Revision 7, dated March
3, 2009 (the airplane groups identified in those service bulletins are
referenced in paragraphs (i) and (j) of this AD). FedEx assumes that
paragraph (h) was added to address this airplane and other airplanes
that did not appear in either service bulletin. FedEx notes that the
effectivity issues as they pertained to its fleet were sorted out in
its AMOC request.
We disagree that it is necessary to address fuselage number 317 and
the other airplane fuselage numbers in this final rule because the
effectivity has been corrected in the effectivity sections
[[Page 69269]]
of the Boeing service bulletins listed in Table 1 of this AD and/or
previously approved AMOCs. We have not changed the AD in regard to this
issue.
Request To Revise Paragraph (h) of the Second Supplemental NPRM
FedEx requests that we remove the phrase ``and reposition two
bonding straps'' from paragraph (h) of the second supplemental NPRM.
FedEx states that if airplanes have not been modified to comply with
the intent of the applicable service bulletin referenced in paragraph
(h) of the second supplemental NPRM, then they would not have any
bonding straps that require only repositioning.
We agree to remove the phrase ``and reposition two bonding straps''
from paragraph (h) of the second supplemental NPRM in this final rule
for the reason stated by the commenter.
Request To Clarify Paragraph (j)(1) of the Second Supplemental NPRM
FedEx requests that we clarify paragraph (j)(1) of the second
supplemental NPRM to help operators determine the correct braided
bonding strap. FedEx suggests changing paragraph (j)(1) to state: ``Do
a general visual inspection to verify correct installation of two
braided bonding straps (one LH wing and one RH wing) as shown [in]
Boeing Service Bulletin DC-10-53-111, Revision 6, Figure 3, Sheet 7 of
9.''
We agree that this change provides additional beneficial
information to operators. We have revised paragraph (j)(1) of the final
AD accordingly.
Request To Clarify Effectivity Sections of the Service Bulletins in
Table 2
FedEx requests that we note that the effectivity sections in the
service bulletins identified in Table 2 of the second supplemental NPRM
have 25 fuselage numbers that appear in both service bulletins. FedEx
states that we may wish to address these fuselage numbers in some
manner in the proposed rule.
We agree that clarification may be necessary. Boeing has corrected
Table 1 in the effectivity sections of the service bulletins referenced
in Table 2 of this AD. We have not changed this AD in this regard.
Conclusion
We have carefully reviewed the available data, including the
comments that have been received, and determined that air safety and
the public interest require adopting the AD with the changes described
previously. We have determined that these changes will neither increase
the economic burden on any operator nor increase the scope of the AD.
Costs of Compliance
There are about 457 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs for
U.S. operators to comply with this AD.
Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of U.S.-
Work hours Average labor rate Parts Cost per airplane registered Fleet cost
per hour airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
2-17........................ $80 Up to $4,169........... Up to $5,529.......... 281 Up to $1,553,649.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
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 Federal Aviation Administration (FAA) amends Sec. 39.13 by
removing amendment 39-14703 (71 FR 43962, August 3, 2006) and by adding
the following new airworthiness directive (AD):
2009-26-17 McDonnell Douglas Corporation: Amendment 39-16156. Docket
No. FAA-2007-0186; Directorate Identifier 2007-NM-226-AD.
Effective Date
(a) This AD becomes effective February 4, 2010.
Affected ADs
(b) This AD supersedes AD 2006-16-03, Amendment 39-14703.
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, and DC-10-40F airplanes, and MD-10-10F and MD-10-30F
airplanes that have been converted from Model DC-10 series
airplanes; certificated in
[[Page 69270]]
any category; with manufacturer's fuselage numbers as identified in
the applicable service bulletin listed in Table 1 of this AD.
Table 1--Applicability
--------------------------------------------------------------------------------------------------------------------------------------------------------
Boeing Service Bulletin-- Revision-- Dated-- For airplanes with--
--------------------------------------------------------------------------------------------------------------------------------------------------------
DC10-53-109............................ 7 March 3, 2009............. Extended wing-to-fuselage fillets.
DC10-53-111............................ 6 March 3, 2009............. Conventional wing-to-fuselage fillets.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Subject
(d) Air Transport Association (ATA) of America Code 53:
Fuselage.
Unsafe Condition
(e) This AD results from fuel system reviews conducted by the
manufacturer. We are issuing this AD to reduce the potential of
ignition sources inside fuel tanks in the event of a severe
lightning strike, which, in combination with flammable fuel vapors,
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.
Restatement of Requirements of AD 2006-16-03, With New Service
Information
Installation or Replacement
(g) For airplanes with manufacturer's fuselage numbers
identified in the applicable service bulletin listed in Table 2 of
this AD: Within 7,500 flight hours or 60 months after September 7,
2006 (the effective date of AD 2006-16-03), whichever occurs
earlier: Install or replace with improved parts, as applicable, the
bonding straps between the metallic frame of the fillet and the wing
leading edge ribs, on both the left and right sides of the airplane,
in accordance with the Accomplishment Instructions of the applicable
service bulletin identified in Table 2 of this AD or Table 1 of this
AD. After the effective date of this AD, use the applicable service
bulletin identified in Table 1 of this AD.
Table 2--Fuselage Numbers Affected by AD 2006-16-03
--------------------------------------------------------------------------------------------------------------------------------------------------------
McDonnell Douglas DC-10 Service
Bulletin-- Revision-- Dated-- For airplanes with--
--------------------------------------------------------------------------------------------------------------------------------------------------------
53-109................................. 4 October 7, 1992........... Extended wing-to-fuselage fillets.
53-111................................. 3 August 24, 1992........... Conventional wing-to-fuselage fillets.
--------------------------------------------------------------------------------------------------------------------------------------------------------
New Requirements of This AD
Installation or Replacement
(h) For airplanes with fuselage numbers not identified in Table
2 of this AD except for airplanes identified in paragraph (i) or (j)
of this AD: Within 7,500 flight hours or 60 months, whichever occurs
first after the effective date of this AD, install or replace with
improved parts, as applicable, the bonding straps between the
metallic frame of the fillet and the wing leading edge ribs, on both
the left and right sides of the airplane. Do the actions in
accordance with the Accomplishment Instructions of the applicable
service bulletin identified in Table 1 of this AD.
Strap Repositioning for Certain Airplanes
(i) For Group 1-4, Configuration 3 airplanes, as identified in
Boeing Service Bulletin DC10-53-109, Revision 7, dated March 3,
2009: Within 7,500 flight hours or 60 months after the effective
date of this AD, whichever occurs first, do the actions specified in
paragraphs (i)(1) and (i)(2) of this AD.
(1) Remove two braided bonding straps and install two longer
braided bonding straps between the metallic frame of the fillet and
the wing leading edge ribs, in accordance with the Accomplishment
Instructions of Boeing Service Bulletin DC10-53-109, Revision 7,
dated March 3, 2009.
(2) Measure the resistance of the previously installed bonding
straps and, before further flight, do all applicable corrective
actions, in accordance with the Accomplishment Instructions of
Boeing Service Bulletin DC10-53-109, Revision 7, dated March 3,
2009.
Inspection and Corrective Action for Certain Airplanes
(j) For Group 1-2, Configuration 2 airplanes, as identified in
Boeing Service Bulletin DC10-53-111, Revision 6, dated March 3,
2009: Within 7,500 flight hours or 60 months after the effective
date of this AD, whichever occurs first, do the actions specified in
paragraphs (j)(1) and (j)(2) of this AD.
(1) Do a general visual inspection to verify correct
installation of the braided bonding straps (one left-hand wing and
one right-hand wing) as shown in Sheet 7 in Figure 3 of Boeing
Service Bulletin DC10-53-111, Revision 6, dated March 3, 2009, and,
before further flight, do all applicable corrective actions, in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin DC10-53-111, Revision 6, dated March 3, 2009.
(2) Measure the resistance of the previously installed bonding
straps and, before further flight, do all applicable corrective
actions, in accordance with the Accomplishment Instructions of
Boeing Service Bulletin DC10-53-111, Revision 6, dated March 3,
2009.
Credit for Actions Accomplished in Accordance With Previous Service
Information
(k) Actions accomplished before the effective date of this AD
according to Boeing Service Bulletin DC10-53-111, Revision 5, dated
March 19, 2008; and Boeing Service Bulletin DC10-53-109, Revision 6,
dated July 10, 2008; are considered acceptable for compliance with
the corresponding action specified in this AD.
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: 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.
(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 2006-16-03
are approved as AMOCs for the corresponding provisions of this AD.
Material Incorporated by Reference
(m) You must use Boeing Service Bulletin DC10-53-109, Revision
7, dated March 3, 2009; and Boeing Service Bulletin DC10-53-111,
Revision 6, dated March 3, 2009; 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.
[[Page 69271]]
(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: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on December 17, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-30698 Filed 12-30-09; 8:45 am]
BILLING CODE 4910-13-P