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]]

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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

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