Airworthiness Directives; McDonnell Douglas Corporation Model MD-11 and MD-11F Airplanes, 69249-69252 [E9-30709]

Download as PDF Federal Register / Vol. 74, No. 250 / Thursday, December 31, 2009 / Rules and Regulations erowe on DSK5CLS3C1PROD with RULES structure could result in failure of the outer flaps, and consequent reduced controllability of the airplane. Actions and Compliance (f) Unless already done, do the following actions. (1) For airplanes equipped with P/N 35–A0736–0001 or –0002 outer flaps: Within 300 flight cycles after the effective date of this AD, do a borescopic inspection to detect cracking of the outer flaps fittings and longerons, in accordance with the Accomplishment Instructions of EADS– CASA Service Bulletin SB–235–57–20, Revision 2, dated March 30, 2007. (2) For airplanes equipped with P/N 35– 15501–0001, –0002, –0003, or –0004 outer flaps: At the earlier of the times specified in paragraphs (f)(2)(i) and (f)(2)(ii) of this AD, do a borescopic inspection to detect cracking of the outer flaps fittings; and within 300 flight cycles after the effective date of this AD, do a borescopic inspection to detect cracking of the longerons. Do the inspections in accordance with the Accomplishment Instructions of EADS–CASA Service Bulletin SB–235–57–20, Revision 2, dated March 30, 2007. (i) Within 600 flight cycles after the most recent inspection done in accordance with AD 99–07–13, or within 14 days after the effective date of this AD, whichever occurs later. (ii) Within 300 flight cycles after the effective date of this AD. (3) If, during any inspection required by paragraph (f)(1) or (f)(2) of this AD, no crack is detected, repeat the borescopic inspections of the outer flap fittings and longerons in accordance with the Accomplishment Instructions of EADS–CASA Service Bulletin SB–235–57–20, Revision 2, dated March 30, 2007, thereafter at intervals not to exceed 300 flight cycles or 6 months, whichever occurs first, until the replacement specified in paragraph (f)(4) or (f)(5) of this AD is accomplished. (4) If any crack is detected during any inspection required by paragraph (f)(1), (f)(2), or (f)(3) of this AD, prior to further flight, replace the outer flap with a new or retrofitted flap in accordance with the Accomplishment Instructions of EADS– CASA Service Bulletin SB–235–57–20, Revision 2, dated March 30, 2007. Such replacement constitutes terminating action for the repetitive borescopic inspection required by this AD for the replaced outer flap only. (5) For affected parts that have not been replaced in accordance with paragraph (f)(4) of this AD: At the later of the times specified in paragraphs (f)(5)(i) and (f)(5)(ii) of this AD, replace each outer flap with a new or retrofitted outer flap in accordance with the Accomplishment Instructions of EADS– CASA Service Bulletin SB–235–57–20, Revision 2, dated March 30, 2007. Replacing all outer flaps terminates the requirements of this AD. (i) Before the accumulation of 4,000 total flight cycles on the flap. (ii) Within 1,200 flight cycles or 24 months after the effective date of this AD, whichever occurs first. VerDate Nov<24>2008 13:48 Dec 30, 2009 Jkt 220001 (6) Actions done before the effective date of this AD in accordance with CASA Service Bulletin SB–235–57–20, dated December 23, 1997; or EADS–CASA Service Bulletin SB–235–57–20, Revision 1, dated April 30, 2004; are acceptable for compliance with the corresponding requirements of paragraph (f)(2) of this AD. FAA AD Differences Note 1: This AD differs from the MCAI and/or service information as follows: No differences. Other FAA AD Provisions (g) The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM–116, Transport Airplane Directorate, 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: Shahram Daneshmandi, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057– 3356; telephone (425) 227–1112; fax (425) 227–1149. 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. (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. (3) Reporting Requirements: For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has approved the information collection requirements and has assigned OMB Control Number 2120–0056. Related Information (h) Refer to MCAI EASA Airworthiness Directive 2008–0119, dated June 27, 2008; and EADS–CASA Service Bulletin SB–235– 57–20, Revision 2, dated March 30, 2007; for related information. Material Incorporated by Reference (i) You must use EADS–CASA Service Bulletin SB–235–57–20, Revision 2, dated March 30, 2007, to do the actions required by this AD, unless the AD specifies otherwise. (1) The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51. (2) For service information identified in this AD, contact EADS–CASA, Military Transport Aircraft Division (MTAD), Integrated Customer Services (ICS), ´ Technical Services, Avenida de Aragon 404, PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 69249 28022 Madrid, Spain; telephone +34 91 585 55 84; fax +34 91 585 55 05; e-mail MTA.TechnicalService@casa.eads.net; Internet http://www.eads.net. (3) You may review copies of the service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information on the availability of this material at the FAA, call 425–227–1221 or 425–227–1152. (4) You may also review copies of the service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/ code_of_federal_regulations/ibr_ locations.html. Issued in Renton, Washington, on December 16, 2009. Stephen P. Boyd, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–30707 Filed 12–30–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2009–0686; Directorate Identifier 2009–NM–044–AD; Amendment 39–16155; AD 2009–26–16] RIN 2120–AA64 Airworthiness Directives; McDonnell Douglas Corporation Model MD–11 and MD–11F Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive (AD) for certain Model MD–11 and MD–11F airplanes. This AD requires a one-time inspection to determine if wires touch the upper surface of the center upper auxiliary fuel tank and marking the location, if necessary; a one-time inspection of all wire bundles above the center upper auxiliary fuel tank for splices and damage; a one-time inspection for damage to the fuel vapor barrier seal and upper surface of the center upper auxiliary fuel tank; and corrective actions, if necessary. This AD also requires installation of nonmetallic barrier/shield sleeving, new clamps, new attaching hardware, and a new extruded channel. 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, which, in combination with flammable fuel vapors, could result E:\FR\FM\31DER1.SGM 31DER1 69250 Federal Register / Vol. 74, No. 250 / Thursday, December 31, 2009 / Rules and Regulations in fuel tank explosions and consequent loss of the airplane. DATES: This AD is effective February 4, 2010. The Director of the Federal Register approved the incorporation by reference of a certain publication 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.com. Federal Register on August 19, 2009 (74 FR 41813). That NPRM proposed to require a one-time inspection to determine if wires touch the upper surface of the center upper auxiliary fuel tank and marking the location, if necessary; a one-time inspection of all wire bundles above the center upper auxiliary fuel tank for splices and damage; a one-time inspection for damage to the fuel vapor barrier seal and upper surface of the center upper auxiliary fuel tank; and corrective actions, if necessary. That NPRM also proposed to require installation of nonmetallic barrier/shield sleeving, new clamps, new attaching hardware, and a new extruded channel. Examining the AD Docket You may examine the AD docket on the Internet at http:// www.regulations.gov; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (telephone 800–647–5527) is the Document Management Facility, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Samuel Lee, Aerospace Engineer, Propulsion Branch, ANM–140L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 90712–4137; telephone (562) 627–5262; fax (562) 627–5210. SUPPLEMENTARY INFORMATION: Comments Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an airworthiness directive (AD) that would apply to certain McDonnell Douglas Corporation Model MD–11 and MD–11F airplanes. That NPRM was published in the We gave the public the opportunity to participate in developing this AD. We considered the comments received from the two commenters. Request To Include Boeing Information Notice MD11–28–126 IN 02 in the Final Rule FedEx requests that Boeing Information Notice MD11–28–126 IN 02, dated July 1, 2009, be incorporated into the final rule. FedEx states that without including the information notice, FedEx will not be able to comply with the AD unless an Alternative Method of Compliance (AMOC) is granted. We partially agree. Boeing issued Information Notice MD11–28– 126 IN 02 to clarify the group applicability. The information notice is not approved by the FAA; therefore, we do not require the information notice for accomplishment of work and it is not incorporated into the requirements of this final rule. Note 1 has been added to this AD to explain that the information notice provides clarification of the airplane groups identified in the service bulletin. Request for Compliance Time Extension KLM requests that we extend the compliance time so that it will fall during regularly scheduled maintenance periods. KLM states that the 60-month compliance time specified in the NPRM does not take into consideration the impact on operators of accessing the area above the center upper auxiliary fuel tank, which is only opened during 72-month intervals. KLM states the work-hours and costs specified in the NPRM are unrealistic because the inspection is not done in the 72-month period. We do not agree with the commenter’s request to extend the compliance time. We have determined that the compliance time, as proposed, represents the maximum interval of time allowable for the affected airplanes to continue to safely operate before the modification is done. Since maintenance schedules vary among operators, there would be no assurance that the airplane would be modified during that maximum interval. However, operators may request an AMOC in accordance with the procedures specified in paragraph (j) of this AD. We have not changed the AD in this regard. Explanation of Changes Made to This AD We have revised this AD to identify the legal name of the manufacturer as published in the most recent type certificate data sheet for the affected airplane models. Conclusion We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We also determined that these changes will not increase the economic burden on any operator or increase the scope of the AD. Costs of Compliance We estimate that this AD affects 111 airplanes of U.S. registry. The following table provides the estimated costs for U.S. operators to comply with this AD. ESTIMATED COSTS Work hours Action erowe on DSK5CLS3C1PROD with RULES Inspection/Installation 1. 1 Average labor rate per hour Parts Cost per product Number of U.S.-registered airplanes 136 to 154 .... $80 $9,405 to $12,201 .... $20,285 to $24,521 .. 111 Fleet cost $2,251,635 to $2,721,831. Depending on airplane configuration. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue VerDate Nov<24>2008 13:48 Dec 30, 2009 Jkt 220001 rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. ‘‘Subtitle VII: PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 Aviation Programs,’’ describes in more detail the scope of the Agency’s authority. E:\FR\FM\31DER1.SGM 31DER1 Federal Register / Vol. 74, No. 250 / Thursday, December 31, 2009 / Rules and Regulations 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 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. You can find our regulatory evaluation and the estimated costs of compliance in the AD Docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: ■ PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. erowe on DSK5CLS3C1PROD with RULES § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: ■ 2009–26–16 McDonnell Douglas Corporation: Amendment 39–16155. Docket No. FAA–2009–0686; Directorate Identifier 2009–NM–044–AD. VerDate Nov<24>2008 13:48 Dec 30, 2009 Jkt 220001 Effective Date (a) This airworthiness directive (AD) is effective February 4, 2010. Affected ADs (b) None. Applicability (c) This AD applies to McDonnell Douglas Corporation Model MD–11 and MD–11F airplanes; certificated in any category; as identified in Boeing Service Bulletin MD11– 28–126, Revision 1, dated June 18, 2009. Note 1: Boeing Information Notice MD11– 28–126 IN 02, dated July 1, 2009, provides guidance that clarifies the airplane groups identified in Boeing Service Bulletin MD11– 28–126, Revision 1, dated June 18, 2009. Subject (d) Air Transport Association (ATA) of America Code 28: Fuel. Unsafe Condition (e) This AD results from fuel system reviews conducted by the manufacturer. The Federal Aviation Administration is issuing this AD to reduce the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. 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. Actions (g) Within 60 months after the effective date of this AD: Do the actions specified in paragraphs (g)(1), (g)(2), (g)(3), (g)(4), and (g)(5) of this AD, and do all applicable corrective actions, in accordance with the Accomplishment Instructions of Boeing Service Bulletin MD11–28–126, Revision 1, dated June 18, 2009, except as required by paragraph (h) of this AD. Do all applicable corrective actions before further flight. (1) Do a general visual inspection to determine if wires touch the upper surface of the center upper auxiliary fuel tank, and mark the location, as applicable. (2) Do a detailed inspection for splices and damage of all wire bundles above the center upper auxiliary fuel tank. (3) Do a detailed inspection for damage (burn marks) on the upper surface of the center upper auxiliary fuel tank. (4) Do a detailed inspection for damage (burn marks) on the fuel vapor barrier seal. (5) Install nonmetallic barrier/shield sleeving, new clamps, new attaching hardware, and a new extruded channel. (h) If damage (burn marks) is found on the upper surface of the center upper auxiliary fuel tank during any inspection required by paragraph (g)(3) of this AD, and Boeing Service Bulletin MD11–28–126, Revision 1, dated June 18, 2009, specifies to contact The Boeing Company for repair instructions: Before further flight, repair the auxiliary fuel tank using a method approved in accordance with the procedures specified in paragraph (j)(3) of this AD. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 69251 Actions Accomplished According to Previous Issue of Service Bulletin (i) Actions accomplished before the effective date of this AD according to Boeing Service Bulletin MD11–28–126, dated March 3, 2009, are considered acceptable for compliance with the corresponding actions specified in this AD. Alternative Methods of Compliance (AMOCs) (j)(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) An AMOC that provides an acceptable level of safety may be used for any repair of the center upper auxiliary tank required by this AD, if it is approved by a Structures Authorized Representative for the Boeing Commercial Airplanes Delegation Option Authorization Organization who has been authorized by the Manager, Los Angeles ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD. Material Incorporated by Reference (k) You must use Boeing Service Bulletin MD11–28–126, Revision 1, dated June 18, 2009, to do the actions required by this AD, unless the AD specifies otherwise. (1) The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51. (2) For service information identified in this AD, contact Boeing Commercial Airplanes, 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 E:\FR\FM\31DER1.SGM 31DER1 69252 Federal Register / Vol. 74, No. 250 / Thursday, December 31, 2009 / Rules and Regulations to: http://www.archives.gov/federal_register/ code_of_federal_regulations/ ibr_locations.html. Issued in Renton, Washington, on December 16, 2009. Stephen P. Boyd, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–30709 Filed 12–30–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2008–0052; Directorate Identifier 2008–NE–01–AD; Amendment 39– 16151; AD 2009–26–12] RIN 2120–AA64 Airworthiness Directives; Engine Components, Inc. (ECi) Reciprocating Engine Cylinder Assemblies AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. erowe on DSK5CLS3C1PROD with RULES SUMMARY: The FAA is superseding an existing airworthiness directive (AD) for Lycoming Engines (formerly Textron Lycoming) models 320, 360, and 540 series, ‘‘Parallel Valve’’ reciprocating engines, with certain Engine Components, Inc. (ECi) cylinder assemblies, part number (P/N) AEL65102 series ‘‘Titan,’’ installed. That AD currently requires initial and repetitive visual inspections and compression tests to detect cracks at the head-to-barrel interface, replacement of cylinder assemblies found cracked, and replacement of certain cylinder assemblies at new, reduced times-inservice. This AD requires the same actions, but for an expanded population of cylinder assemblies. This AD results from reports of 10 additional cylinder head separations since issuing AD 2008–19–05, on cylinder serial numbers not listed in that AD. We are issuing this AD to prevent loss of engine power due to cracks at the head-to-barrel interface and possible engine failure caused by separation of a cylinder head, which could result in loss of control of the aircraft. DATES: This AD becomes effective February 4, 2010. ADDRESSES: The Docket Operations office is located at Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground VerDate Nov<24>2008 13:48 Dec 30, 2009 Jkt 220001 Floor, Room W12–140, Washington, DC 20590–0001. FOR FURTHER INFORMATION CONTACT: Peter W. Hakala, Aerospace Engineer, Special Certification Office, FAA, Rotorcraft Directorate, 2601 Meacham Blvd., Fort Worth, TX 76193; e-mail: peter.w.hakala@faa.gov; telephone (817) 222–5145; fax (817) 222–5785. SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39 by superseding AD 2008–19–05, Amendment 39–15672 (73 FR 53105, September 15, 2008), with a proposed AD. The proposed AD applies to Lycoming Engines (formerly Textron Lycoming) models 320, 360, and 540 series, ‘‘Parallel Valve’’ reciprocating engines, with certain Engine Components, Inc. (ECi) cylinder assemblies, part number (P/N) AEL65102 series ‘‘Titan,’’ installed. We published the proposed AD in the Federal Register on July 30, 2009 (74 FR 37955). That action proposed to require initial and repetitive visual inspections and compression tests to detect cracks at the head-to-barrel interface, replacement of cylinder assemblies found cracked, and replacement of certain cylinder assemblies at new, reduced times-inservice, and for an expanded population of cylinder assemblies. Examining the AD Docket You may examine the AD docket on the Internet at http:// www.regulations.gov; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone (800) 647–5527) is provided in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments received. Two commenters state that proposed AD paragraphs (m) and (n) are confusing and contradictory. Paragraph (m) allows repair or replacement of cylinders with leakage provided that the cylinder is not cracked, but paragraph (n) prohibits removed cylinders from being reinstalled. We agree. We changed paragraph (m) to state ‘‘For Group ‘A’ cylinder assemblies only, repair or replace the engine cylinder assembly before further flight if the cause of the low gauge PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 reading in paragraph (k) of this AD is from leaking intake or exhaust valves, or from leaking piston rings.’’ We also changed paragraph (n) to state, ‘‘After the effective date of this AD, do not install any Group ‘B’ ECi cylinder assembly, P/N AEL65102, onto any engine and do not attempt to repair or reuse Group ‘B’ cylinder assemblies.’’ Conclusion We have carefully reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD with the 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 We estimate that this AD will affect about 18,000 ECi cylinder assemblies installed in aircraft of U.S. registry. The visual inspection and compression tests will take about 4 work-hours for each engine. An individual cylinder replacement will require $1,100 for parts and 6 work-hours. Lycoming engines with a set of 4 ECi cylinders will require 12 work-hours for the cylinder replacement. Lycoming engines with a set of 6 ECi cylinders will require 16 work-hours for the cylinder replacement. We estimate 18 percent of the affected population of cylinders will be replaced. We estimate the total cost of the AD to U.S. operators to be $10,172,000. Our estimate is exclusive of any possible warranty coverage. 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. E:\FR\FM\31DER1.SGM 31DER1

Agencies

[Federal Register Volume 74, Number 250 (Thursday, December 31, 2009)]
[Rules and Regulations]
[Pages 69249-69252]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30709]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0686; Directorate Identifier 2009-NM-044-AD; 
Amendment 39-16155; AD 2009-26-16]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Corporation Model MD-
11 and MD-11F Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Model MD-11 and MD-11F airplanes. This AD requires a one-time 
inspection to determine if wires touch the upper surface of the center 
upper auxiliary fuel tank and marking the location, if necessary; a 
one-time inspection of all wire bundles above the center upper 
auxiliary fuel tank for splices and damage; a one-time inspection for 
damage to the fuel vapor barrier seal and upper surface of the center 
upper auxiliary fuel tank; and corrective actions, if necessary. This 
AD also requires installation of nonmetallic barrier/shield sleeving, 
new clamps, new attaching hardware, and a new extruded channel. 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, which, in combination with flammable fuel vapors, could result

[[Page 69250]]

in fuel tank explosions and consequent loss of the airplane.

DATES: This AD is effective February 4, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication 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.com.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The 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

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an airworthiness directive (AD) that would apply to 
certain McDonnell Douglas Corporation Model MD-11 and MD-11F airplanes. 
That NPRM was published in the Federal Register on August 19, 2009 (74 
FR 41813). That NPRM proposed to require a one-time inspection to 
determine if wires touch the upper surface of the center upper 
auxiliary fuel tank and marking the location, if necessary; a one-time 
inspection of all wire bundles above the center upper auxiliary fuel 
tank for splices and damage; a one-time inspection for damage to the 
fuel vapor barrier seal and upper surface of the center upper auxiliary 
fuel tank; and corrective actions, if necessary. That NPRM also 
proposed to require installation of nonmetallic barrier/shield 
sleeving, new clamps, new attaching hardware, and a new extruded 
channel.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received from the two commenters.

Request To Include Boeing Information Notice MD11-28-126 IN 02 in the 
Final Rule

    FedEx requests that Boeing Information Notice MD11-28-126 IN 02, 
dated July 1, 2009, be incorporated into the final rule. FedEx states 
that without including the information notice, FedEx will not be able 
to comply with the AD unless an Alternative Method of Compliance (AMOC) 
is granted. We partially agree. Boeing issued Information Notice MD11-
28-126 IN 02 to clarify the group applicability. The information notice 
is not approved by the FAA; therefore, we do not require the 
information notice for accomplishment of work and it is not 
incorporated into the requirements of this final rule. Note 1 has been 
added to this AD to explain that the information notice provides 
clarification of the airplane groups identified in the service 
bulletin.

Request for Compliance Time Extension

    KLM requests that we extend the compliance time so that it will 
fall during regularly scheduled maintenance periods. KLM states that 
the 60-month compliance time specified in the NPRM does not take into 
consideration the impact on operators of accessing the area above the 
center upper auxiliary fuel tank, which is only opened during 72-month 
intervals. KLM states the work-hours and costs specified in the NPRM 
are unrealistic because the inspection is not done in the 72-month 
period.
    We do not agree with the commenter's request to extend the 
compliance time. We have determined that the compliance time, as 
proposed, represents the maximum interval of time allowable for the 
affected airplanes to continue to safely operate before the 
modification is done. Since maintenance schedules vary among operators, 
there would be no assurance that the airplane would be modified during 
that maximum interval. However, operators may request an AMOC in 
accordance with the procedures specified in paragraph (j) of this AD. 
We have not changed the AD in this regard.

Explanation of Changes Made to This AD

    We have revised this AD to identify the legal name of the 
manufacturer as published in the most recent type certificate data 
sheet for the affected airplane models.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously. We also determined that 
these changes will not increase the economic burden on any operator or 
increase the scope of the AD.

Costs of Compliance

    We estimate that this AD affects 111 airplanes of U.S. registry. 
The following table provides the estimated costs for U.S. operators to 
comply with this AD.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                    Number of U.S.-
              Action                    Work hours        Average labor          Parts           Cost per product      registered         Fleet cost
                                                          rate per hour                                                airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection/Installation \1\.       136 to 154..........             $80   $9,405 to $12,201..  $20,285 to $24,521.             111   $2,251,635 to
                                                                                                                                      $2,721,831.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Depending on airplane configuration.

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.

[[Page 69251]]

    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

    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.
    You can find our regulatory evaluation and the estimated costs of 
compliance in the AD Docket.

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 FAA amends Sec.  39.13 by adding the following new AD:

2009-26-16 McDonnell Douglas Corporation: Amendment 39-16155. Docket 
No. FAA-2009-0686; Directorate Identifier 2009-NM-044-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective February 4, 
2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to McDonnell Douglas Corporation Model MD-11 
and MD-11F airplanes; certificated in any category; as identified in 
Boeing Service Bulletin MD11-28-126, Revision 1, dated June 18, 
2009.

    Note 1: Boeing Information Notice MD11-28-126 IN 02, dated July 
1, 2009, provides guidance that clarifies the airplane groups 
identified in Boeing Service Bulletin MD11-28-126, Revision 1, dated 
June 18, 2009.

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Unsafe Condition

    (e) This AD results from fuel system reviews conducted by the 
manufacturer. The Federal Aviation Administration is issuing this AD 
to reduce the potential of ignition sources inside fuel tanks, 
which, in combination with flammable fuel vapors, could result in 
fuel tank explosions and consequent loss of the airplane.

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.

Actions

    (g) Within 60 months after the effective date of this AD: Do the 
actions specified in paragraphs (g)(1), (g)(2), (g)(3), (g)(4), and 
(g)(5) of this AD, and do all applicable corrective actions, in 
accordance with the Accomplishment Instructions of Boeing Service 
Bulletin MD11-28-126, Revision 1, dated June 18, 2009, except as 
required by paragraph (h) of this AD. Do all applicable corrective 
actions before further flight.
    (1) Do a general visual inspection to determine if wires touch 
the upper surface of the center upper auxiliary fuel tank, and mark 
the location, as applicable.
    (2) Do a detailed inspection for splices and damage of all wire 
bundles above the center upper auxiliary fuel tank.
    (3) Do a detailed inspection for damage (burn marks) on the 
upper surface of the center upper auxiliary fuel tank.
    (4) Do a detailed inspection for damage (burn marks) on the fuel 
vapor barrier seal.
    (5) Install nonmetallic barrier/shield sleeving, new clamps, new 
attaching hardware, and a new extruded channel.
    (h) If damage (burn marks) is found on the upper surface of the 
center upper auxiliary fuel tank during any inspection required by 
paragraph (g)(3) of this AD, and Boeing Service Bulletin MD11-28-
126, Revision 1, dated June 18, 2009, specifies to contact The 
Boeing Company for repair instructions: Before further flight, 
repair the auxiliary fuel tank using a method approved in accordance 
with the procedures specified in paragraph (j)(3) of this AD.

Actions Accomplished According to Previous Issue of Service Bulletin

    (i) Actions accomplished before the effective date of this AD 
according to Boeing Service Bulletin MD11-28-126, dated March 3, 
2009, are considered acceptable for compliance with the 
corresponding actions specified in this AD.

Alternative Methods of Compliance (AMOCs)

    (j)(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) An AMOC that provides an acceptable level of safety may be 
used for any repair of the center upper auxiliary tank required by 
this AD, if it is approved by a Structures Authorized Representative 
for the Boeing Commercial Airplanes Delegation Option Authorization 
Organization who has been authorized by the Manager, Los Angeles 
ACO, to make those findings. For a repair method to be approved, the 
repair must meet the certification basis of the airplane, and the 
approval must specifically refer to this AD.

Material Incorporated by Reference

    (k) You must use Boeing Service Bulletin MD11-28-126, Revision 
1, dated June 18, 2009, to do the actions required by this AD, 
unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, 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

[[Page 69252]]

to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on December 16, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-30709 Filed 12-30-09; 8:45 am]
BILLING CODE 4910-13-P