AD 2009-26-17

[Federal Register Volume 74, Number 250 (Thursday, December 31, 2009)]
[Rules and Regulations]
[Pages 69268-69271]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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.

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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 
<a href="/cdn-cgi/l/email-protection#791d0a1c571b161c1a1614391b161c10171e571a1614"><span class="__cf_email__" data-cfemail="781c0b1d561a171d1b1715381a171d11161f561b1715">[email&#160;protected]</span></a>; Internet <a href="https://www.myboeingfleet.comd">https://www.myboeingfleet.comd</a>.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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
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                                                                                                    Number of  U.S.-
         Work hours           Average labor rate           Parts              Cost per airplane        registered                  Fleet cost
                                   per hour                                                             airplanes
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2-17........................                $80   Up to $4,169...........  Up to $5,529..........                281   Up to $1,553,649.
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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
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       Boeing Service Bulletin--           Revision--              Dated--                                   For airplanes with--
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DC10-53-109............................               7  March 3, 2009.............  Extended wing-to-fuselage fillets.
DC10-53-111............................               6  March 3, 2009.............  Conventional wing-to-fuselage fillets.
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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
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    McDonnell Douglas DC-10 Service
               Bulletin--                  Revision--              Dated--                                   For airplanes with--
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53-109.................................               4  October 7, 1992...........  Extended wing-to-fuselage fillets.
53-111.................................               3  August 24, 1992...........  Conventional wing-to-fuselage fillets.
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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 
<a href="/cdn-cgi/l/email-protection#c3a7b0a6eda1aca6a0acae83a1aca6aaada4eda0acae"><span class="__cf_email__" data-cfemail="bfdbccda91ddd0dadcd0d2ffddd0dad6d1d891dcd0d2">[email&#160;protected]</span></a>; Internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.
    (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: <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    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