
[Federal Register: August 28, 2008 (Volume 73, Number 168)]
[Rules and Regulations]               
[Page 50718-50720]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28au08-8]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27339; Directorate Identifier 2006-NM-280-AD; 
Amendment 39-15654; AD 2008-17-16]
RIN 2120-AA64

 
Airworthiness Directives; 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

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain transport category airplanes identified above. This AD requires 
modifying the fuel boost pumps. This AD results from a fuel boost pump 
found with blown thermal fuses and a fractured thrust washer. We are 
issuing this AD to prevent failure of the fuel boost pumps, which could 
lead to the potential of ignition sources inside fuel tanks. This 
condition, in combination with flammable fuel vapors, could result in 
fuel tank explosions and consequent loss of the airplane.

DATES: This AD becomes effective October 2, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of October 2, 
2008.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood 
Boulevard, Long Beach, California 90846, Attention: Data and Service 
Management, Dept. C1-L5A (D800-0024).

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

    The FAA issued a supplemental notice of proposed rulemaking (NPRM) 
to amend 14 CFR part 39 to include an AD that would apply to certain 
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 
supplemental NPRM was published in the Federal Register on March 7, 
2008 (73 FR 12301). That supplemental NPRM proposed to require 
modifying the fuel boost pumps.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

Support for the Supplemental NPRM

    FedEx agrees with the technical aspects of the supplemental NPRM.

Request to Allow Use of Parts Manufacture Approval (PMA) Parts

    Wencor West requests that we revise the supplemental NPRM to allow 
the use of PMA part numbers (P/Ns) 60-84744WE, 60-06561WE, 60-01317WE, 
and 60-02927WE as acceptable means of compliance for the replacement of 
Hydro-Aire fuel boost pumps having P/Ns 60-84744, 60-06561, 60-01317, 
and 60-02927, respectively. Wencor West states that these PMA parts 
were developed through the test and computation method governed by 
section 21.303 (``Replacement and modification parts'') of the Federal 
Aviation Regulations (14 CFR 21.303) and FAA Order 8110-42B. Wencor 
West also states that the FAA found the PMA parts to be equal to and 
interchangeable with the Hydro-Aire parts. In addition, Wencor West 
requests that we clarify that certain other PMA parts, which may be 
used when doing further maintenance or overhaul of the pump, continue 
to be approved as equivalents to the original equipment manufacturer 
parts.
    We disagree with revising this AD. Boeing conducted safety 
assessments of the fuel tank systems approved by the Los Angeles 
Aircraft Certification Office (ACO). As a result, we issued AD 2008-06-
21, amendment 39-15433 (73 FR 14673, March 19, 2008), to require 
revising the FAA-approved maintenance program to incorporate new 
Airworthiness Limitations for the fuel tank systems to satisfy the 
requirements of Special Federal Aviation Regulation No. 88. That AD, in 
part, addressed maintenance of the fuel boost pumps. Any deviation from 
the safety assessment conducted by Boeing, including the use of PMA 
parts on the fuel boost pumps, must be approved by the Manager, Los 
Angeles ACO. Consequently, all previously approved PMA parts must be 
re-evaluated to determine whether an equivalent level of safety for 
each part meets the approved safety assessment. Therefore, engineering 
design approval of the PMA parts manufactured by Wencor West must be 
approved as an alternative method of compliance (AMOC) under the 
provisions of paragraph (h) of this AD. We will consider requests for 
approval of an AMOC if sufficient data are submitted to substantiate 
that the design change would provide an acceptable level of safety. We 
have not changed the AD in this regard.

[[Page 50719]]

Request to Revise Cost of Compliance

    FedEx requests that we revise the Costs of Compliance section of 
the supplemental NPRM to reflect a figure that is more representative 
of an operator's cost. FedEx points out that Crane Hydro-Aire Service 
Bulletin 60-847-28-3, dated July 2, 2007, estimates that replacement 
parts cost $639.64, labor costs $445.50, and removal and installation 
of the fuel pump cost $107.80. These figures total $1,192.94 per fuel 
pump. Given that this AD affects about 360 airplanes of U.S. registry 
equipped with 10 to 19 fuel pumps, FedEx estimates that the total fleet 
cost is between $4,294,584 and $8,159,709, or between $11,929 and 
$22,665 per airplane.
    FedEx also points out that Crane Hydro-Aire Service Bulletin 60-
847-28-3 states that if a pump assembly requires additional repair, 
then the repair will be quoted separately. FedEx states that it would 
be unrealistic to think that there will not be repair/overhaul costs 
associated with this modification. FedEx's experience has shown that 
about 80 percent of the fuel pumps, removed due to inspection or 
modification, resulted in repair or overhaul of the pump. FedEx, 
therefore, estimates that at least 50 percent of the fuel pumps in-
service will need to be repaired or overhauled at a cost of $5,000 per 
pump. FedEx estimates that repair/overhaul will cost at least 
$9,000,000 (360 airplanes x 5 pumps x $5,000). FedEx states that this 
cost for repair/overhaul of the fuel pump should also be included in 
the Costs of Compliance section.
    We disagree with revising the Costs of Compliance section. When 
developing the Costs of Compliance for an AD we take into account the 
estimated work hours and parts cost provided by the manufacturer. 
Paragraph 1.G. of Crane Hydro-Aire Service Bulletin 60-847-28-3 
estimates that the modification would take about 3 work hours, which we 
used with our estimated average labor rate of $80 per work hour to 
determine the total labor costs. The economic analysis, however, is 
limited only to the cost of actions actually required by the rule. It 
does not consider the costs of routine maintenance. We have not changed 
the AD in this regard.

Clarification of AMOC Paragraph

    We have revised this action to clarify the appropriate procedure 
for notifying the principal inspector before using any approved AMOC on 
any airplane to which the AMOC applies.

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 change described previously. 
We have determined that this change will neither increase the economic 
burden on any operator nor increase the scope of the AD.

Costs of Compliance

    There are about 512 airplanes of the affected design in the 
worldwide fleet. This AD affects about 360 airplanes of U.S. registry. 
The required modification takes about 3 work hours per fuel boost pump, 
at an average labor rate of $80 per work hour. Required parts cost 
about $640 per fuel boost pump. Depending on the airplane 
configuration, there are between 10 and 19 fuel boost pumps per 
airplane. Based on these figures, the estimated cost of this AD for 
U.S. operators is between $3,168,000 and $6,019,200, or between $8,800 
and $16,720 per airplane.

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 
adding the following new airworthiness directive (AD):

2008-17-16 McDonnell Douglas: Amendment 39-15654. Docket No. FAA-
2007-27339; Directorate Identifier 2006-NM-280-AD.

Effective Date

    (a) This AD becomes effective October 2, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes identified in paragraphs 
(c)(1) and (c)(2) of this AD, certificated in any category.
    (1) 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, and Model 
MD-10-10F and MD-10-30F airplanes; as identified in Boeing Alert 
Service Bulletin DC10-28A254, Revision 1, dated September 12, 2007.
    (2) McDonnell Douglas Model MD-11 and MD-11F airplanes, as 
identified in Boeing Alert Service Bulletin MD11-28A134, Revision 1, 
dated September 6, 2007.

Unsafe Condition

    (d) This AD results from a fuel boost pump found with blown 
thermal fuses and a fractured thrust washer. We are issuing this AD 
to prevent failure of the fuel boost

[[Page 50720]]

pumps, which could lead to the potential of ignition sources inside 
fuel tanks. This condition, in combination with flammable fuel 
vapors, could result in fuel tank explosions and consequent loss of 
the airplane.

Compliance

    (e) Comply with this AD within the compliance times specified, 
unless already done.

Service Bulletin Reference Paragraph

    (f) The term ``service bulletin,'' as used in this AD, means the 
following service bulletins, as applicable:
    (1) For the airplanes identified in paragraph (c)(1) of this AD, 
Boeing Alert Service Bulletin DC10-28A254, Revision 1, dated 
September 12, 2007.
    (2) For the airplanes identified in paragraph (c)(2) of this AD, 
Boeing Alert Service Bulletin MD11-28A134, Revision 1, dated 
September 6, 2007.

    Note 1: Boeing Alert Service Bulletin DC10-28A254, Revision 1, 
dated September 12, 2007; and Boeing Alert Service Bulletin MD11-
28A134, Revision 1, dated September 6, 2007; refer to Crane Hydro-
Aire Service Bulletin 60-847-28-3, Revision 1, dated July 2, 2007, 
as an additional source of service information for accomplishing the 
modification in paragraph (g) of this AD.

Modification

    (g) At the applicable compliance time specified in paragraph 
(g)(1) or (g)(2) of this AD, modify the fuel boost pumps having part 
numbers 60-847-1A, -2, or -3, in accordance with the Accomplishment 
Instructions of the applicable service bulletin.
    (1) For fuel boost pumps identified as Configuration 1 or 2 in 
Table 1 of paragraph 1.E. of the applicable service bulletin, do the 
modification within 120 months after the effective date of this AD.
    (2) For fuel boost pumps identified as Configuration 3 in Table 
1 of paragraph 1.E. of the applicable service bulletin, do the 
modification within 72 months after the effective date of this AD.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, Los Angeles Aircraft Certification Office 
(ACO), FAA, ATTN: Samuel Lee, Aerospace Engineer, Propulsion Branch, 
ANM-140L, FAA, Los Angeles ACO, 3960 Paramount Boulevard, Lakewood, 
California 90712-4137; telephone (562) 627-5262; fax (562) 627-5210; 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19.
    (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 appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.

Material Incorporated by Reference

    (i) You must use Boeing Alert Service Bulletin DC10-28A254, 
Revision 1, dated September 12, 2007; or Boeing Alert Service 
Bulletin MD11-28A134, Revision 1, dated September 6, 2007; as 
applicable, to perform the actions that are required by this AD, 
unless the AD specifies otherwise. The Director of the Federal 
Register approved the incorporation by reference of these documents 
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Boeing 
Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, 
Long Beach, California 90846, Attention: Data and Service 
Management, Dept. C1-L5A (D800-0024), for a copy of this service 
information. You may review copies at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or 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/cfr/ibr-
locations.html.

    Issued in Renton, Washington, on August 12, 2008.
Michael J Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-19381 Filed 8-27-08; 8:45 am]

BILLING CODE 4910-13-P
