AD Amdt-39-16100

[Federal Register Volume 74, Number 226 (Wednesday, November 25, 2009)]
[Rules and Regulations]
[Pages 61504-61506]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E9-28163]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1071; Directorate Identifier 2009-NM-160-AD; 
Amendment 39-16100; AD 2008-06-21 R1]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Corporation Model DC-
10-10 and DC-10-10F Airplanes, Model DC-10-15 Airplanes, Model DC-10-30 
and DC-10-30F (KC-10A and KDC-10) Airplanes, Model DC-10-40 and DC-10-
40F Airplanes, Model MD-10-10F and MD-10-30F Airplanes, and Model MD-11 
and MD-11F Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is revising an existing airworthiness directive (AD), 
which applies to all McDonnell Douglas Corporation airplane models 
identified above. That AD currently requires revising the FAA-approved 
maintenance program, or the Airworthiness Limitations (AWLs) section of 
the Instructions for Continued Airworthiness, as applicable, to 
incorporate new AWLs for fuel tank systems to satisfy Special Federal 
Aviation Regulation No. 88 requirements. For certain airplanes, this AD 
also requires the initial accomplishment of a certain repetitive AWL 
inspection to phase in that inspection, and repair if necessary. This 
AD clarifies the intended effect of the AD on spare and on-airplane 
fuel tank system components. This AD results from a design review of 
the fuel tank system. We are issuing this AD to prevent the potential 
for ignition sources inside fuel tanks caused by latent failures, 
alterations, repairs, or maintenance actions, which, in combination 
with flammable fuel vapors, could result in a fuel tank explosion and 
consequent loss of the airplane.

DATES: This AD is effective December 10, 2009.
    On April 23, 2008 (73 FR 14673, March 19, 2008), the Director of 
the Federal Register approved the incorporation by reference of a 
certain publication listed in the AD.
    We must receive any comments on this AD by January 25, 2010.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
    <bullet> Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    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#9afee9ffb4f8f5fff9f5f7daf8f5fff3f4fdb4f9f5f7"><span class="__cf_email__" data-cfemail="f4908791da969b91979b99b4969b919d9a93da979b99">[email&#160;protected]</span></a>; Internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</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 street address for 
the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Philip C. Kush, Aerospace Engineer, 
Propulsion Branch, ANM-140L, Los Angeles Aircraft Certification Office, 
FAA, 3960 Paramount Boulevard, Lakewood, California 90712-4137; 
telephone (562) 627-5263; fax (562) 627-5210.

SUPPLEMENTARY INFORMATION:

Discussion

    On March 9, 2008, we issued AD 2008-06-21, Amendment 39-15433 (73 
FR 14673, March 19, 2008). That AD applied to all McDonnell Douglas 
Model DC-10-10 and DC-10-10F airplanes, Model DC-10-15 airplanes, Model 
DC-10-30 and DC-10-30F (KC-10A and KDC-10) airplanes, Model DC-10-40 
and DC-10-40F airplanes, Model MD-10-10F and MD-10-30F airplanes, and 
Model MD-11 and MD-11F airplanes. That AD required revising the FAA-
approved maintenance program, or the Airworthiness Limitations (AWLs) 
section of the Instructions for Continued Airworthiness, as applicable, 
to incorporate new AWLs for fuel tank systems to satisfy Special 
Federal Aviation Regulation No. 88 requirements. For certain airplanes, 
that AD also required the initial accomplishment of a certain 
repetitive AWL inspection to phase in that inspection, and repair if 
necessary. That AD resulted from a design review of the fuel tank 
systems. The actions specified in that AD are intended to prevent the 
potential for ignition sources inside fuel tanks caused by latent 
failures, alterations, repairs, or maintenance actions, which, in 
combination with flammable fuel vapors, could result in a fuel tank 
explosion and consequent loss of the airplane.
    Critical design configuration control limitations (CDCCLs) are 
limitation requirements to preserve a critical ignition source 
prevention feature of the fuel tank system design that is necessary to 
prevent the occurrence of an unsafe condition. The purpose of a CDCCL 
is to provide instruction to retain the critical ignition source 
prevention feature during configuration change that may be caused by 
alterations, repairs, or maintenance actions. A CDCCL is not a periodic 
inspection.

Actions Since AD Was Issued

    Since we issued that AD, we have determined that it is necessary to 
clarify the AD's intended effect on spare and

[[Page 61505]]

on-airplane fuel tank system components, regarding the use of 
maintenance manuals and instructions for continued airworthiness.
    Section 91.403(c) of the Federal Aviation Regulations (14 CFR 
91.403(c)) specifies the following:

    No person may operate an aircraft for which a manufacturer's 
maintenance manual or instructions for continued airworthiness has 
been issued that contains an airworthiness limitation section unless 
the mandatory * * * procedures * * * have been complied with.

Some operators have questioned whether existing components affected by 
the new CDCCLs must be reworked. We did not intend for the AD to 
retroactively require rework of components that had been maintained 
using acceptable methods before the effective date of the AD. Owners 
and operators of the affected airplanes therefore are not required to 
rework affected components identified as airworthy or installed on the 
affected airplanes before the required revisions of the FAA-approved 
maintenance program, or the AWLs section, as applicable. But once the 
CDCCLs are incorporated into the FAA-approved maintenance program or 
the AWLs section, as applicable, future maintenance actions on 
components must be done in accordance with those CDCCLs.

FAA's Determination and Requirements of This AD

    The unsafe condition described previously is likely to exist or 
develop on other airplanes of the same type design. For this reason, we 
are issuing this AD to revise AD 2008-06-21. This new AD retains the 
requirements of the existing AD, and adds a new note to clarify the 
intended effect of the AD on spare and on-airplane fuel tank system 
components.

Explanation of Additional Change to AD

    AD 2008-06-21 allowed the use of later revisions of Appendixes B, 
C, and D of Report MDC-02K1003. That provision has been removed from 
this AD. Allowing the use of ``a later revision'' of specific service 
documents violates Office of the Federal Register policies for 
approving materials that are incorporated by reference. Affected 
operators, however, may request approval to use an alternative CDCCL 
that is part of a later revision of the referenced service documents as 
an alternative method of compliance, under the provisions of paragraph 
(l) of this AD.

Costs of Compliance

    This revision imposes no additional economic burden. The current 
costs for this AD are repeated for the convenience of affected 
operators, as follows:
    There are about 300 airplanes of the affected design in the 
worldwide fleet. This AD affects about 180 airplanes of U.S. registry. 
The required actions take about 1 work hour per airplane, at an average 
labor rate of $80 per work hour. Based on these figures, the estimated 
cost of the AD for U.S. operators is $14,400, or $80 per airplane.

FAA's Justification and Determination of the Effective Date

    This revision merely clarifies the intended effect on spare and on-
airplane fuel tank system components, and makes no substantive change 
to the AD's requirements. For this reason, it is found that notice and 
opportunity for prior public comment for this action are unnecessary, 
and good cause exists for making this amendment effective in less than 
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments before it becomes effective. However, we invite 
you to send any written data, views, or arguments about this AD. Send 
your comments to an address listed under the ADDRESSES section. Include 
``Docket No. FAA-2009-1071; Directorate Identifier 2009-NM-160-AD'' at 
the beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of this 
AD. We will consider all comments received by the closing date and may 
amend this AD because of those comments.
    We will post all comments we receive, without change, to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

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 the regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the 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 part 39 of the Federal Aviation Regulations (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 removing Amendment 39-15433 (73 FR 
14673, March 19, 2008) and adding the following new AD:

2008-06-21 R1 McDonnell Douglas Corporation: Amendment 39-16100. 
Docket No. FAA-2009-1071; Directorate Identifier 2009-NM-160-AD.

[[Page 61506]]

Effective Date

    (a) This airworthiness directive (AD) is effective December 10, 
2009.

Affected ADs

    (b) This AD revises AD 2008-06-21, Amendment 39-15433.

Applicability

    (c) This AD applies to all McDonnell Douglas Corporation Model 
DC-10-10 and DC-10-10F airplanes, Model DC-10-15 airplanes, Model 
DC-10-30 and DC-10-30F (KC-10A and KDC-10) airplanes, Model DC-10-40 
and DC-10-40F airplanes, Model MD-10-10F and MD-10-30F airplanes, 
and Model MD-11 and MD-11F airplanes; certificated in any category.

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these inspections is required by 14 CFR 91.403(c). For airplanes 
that have been previously modified, altered, or repaired in the 
areas addressed by these inspections, the operator may not be able 
to accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance (AMOC) in 
accordance with paragraph (l) of this AD. The request should include 
a description of changes to the required inspections that will 
ensure the continued operational safety of the airplane.

Unsafe Condition

    (d) This AD results from a design review of the fuel tank 
systems. We are issuing this AD to prevent the potential for 
ignition sources inside fuel tanks caused by latent failures, 
alterations, repairs, or maintenance actions, which, in combination 
with flammable fuel vapors, could result in a fuel tank explosion 
and consequent loss of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Service Information Reference

    (f) The term ``Report MDC-02K1003'' as used in this AD, means 
the Boeing Trijet Special Compliance Item Report, MDC-02K1003, 
Revision C, dated July 24, 2007.

Restatement of Requirements of AD 2008-06-21, With Changes to 
Compliance Method

Revise the FAA-Approved Maintenance Program

    (g) For Model DC-10-10 and DC-10-10F airplanes, Model DC-10-15 
airplanes, Model DC-10-30 and DC-10-30F (KC-10A and KDC-10) 
airplanes, and Model DC-10-40 and DC-10-40F airplanes: Before 
December 16, 2008, revise the FAA-approved maintenance program to 
incorporate the information specified in Appendixes B, C, and D of 
Report MDC-02K1003.

Revise the Airworthiness Limitations (AWLs) Section

    (h) For Model MD-10-10F and MD-10-30F airplanes, and Model MD-11 
and MD-11F airplanes: Before December 16, 2008, revise the AWLs 
section of the Instructions for Continued Airworthiness to 
incorporate the information specified in Appendixes B, C, and D of 
Report MDC-02K1003, except that the initial inspection required by 
paragraph (i) of this AD must be done at the applicable compliance 
time specified in that paragraph.

Initial Inspection and Repair if Necessary

    (i) For Model MD-11 and MD-11F airplanes: Within 60 months after 
April 23, 2008 (the effective date AD 2008-06-21), do a detailed 
inspection of the metallic overbraiding and red-wrap tape installed 
on the tail tank fuel quantity indication system (FQIS) wiring to 
verify if the metallic overbraiding or red-wrap tape is damaged or 
shows signs of deterioration, in accordance with ALI 20-2 of 
Appendix C of Report MDC-02K1003. If any discrepancy is found during 
the inspection, repair the discrepancy before further flight in 
accordance with ALI 20-2 of Appendix C of Report MDC-02K1003.

    Note 2 : For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

No Reporting Requirement

    (j) Although Report MDC-02K1003 specifies to submit certain 
information to the manufacturer, this AD does not require that 
action.

No Alternative Inspections, Inspection Intervals, or Critical Design 
Configuration Control Limitations (CDCCLs)

    (k) After accomplishing the applicable actions specified in 
paragraphs (g), (h), and (i) of this AD, no alternative inspections, 
inspection intervals, or CDCCLs may be used unless the inspections, 
intervals, or CDCCLs are approved as an AMOC in accordance with the 
procedures specified in paragraph (l) of this AD.

New Information

Explanation of CDCCL Requirements

    Note 3: Notwithstanding any other maintenance or operational 
requirements, components that have been identified as airworthy or 
installed on the affected airplanes before the revision of the FAA-
approved maintenance program, or the AWLs section, as required by 
paragraphs (g) and (h) of this AD, do not need to be reworked in 
accordance with the CDCCLs. However, once the FAA-approved 
maintenance program, or the AWLs section, as applicable, has been 
revised, future maintenance actions on these components must be done 
in accordance with the CDCCLs.

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: Philip C. Kush, Aerospace Engineer, Propulsion 
Branch, ANM-140L, FAA, Los Angeles ACO, 3960 Paramount Boulevard, 
Lakewood, California 90712-4137; telephone (562) 627-5263; 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 2008-06-21, 
Amendment 39-15433, are approved as AMOCs for the corresponding 
provisions of this AD.

Material Incorporated by Reference

    (m) You must use Boeing Trijet Special Compliance Item Report, 
MDC-02K1003, Revision C, dated July 24, 2007, to do the actions 
required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register previously approved the 
incorporation by reference of Boeing Trijet Special Compliance Item 
Report, MDC-02K1003, Revision C, dated July 24, 2007, on April 23, 
2008 (73 FR 14673, March 19, 2008).
    (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#fa9e899fd498959f999597ba98959f93949dd4999597"><span class="__cf_email__" data-cfemail="cfabbcaae1ada0aaaca0a28fada0aaa6a1a8e1aca0a2">[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 November 12, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-28163 Filed 11-24-09; 8:45 am]
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