AD 2010-20-14

This AD is effective November 5, 2010.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of November 5, 2010.

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.

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

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 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, MD-10-30F, MD-11, and MD-11F airplanes. That NPRM was published in the Federal Register on April 21, 2010 (75 FR 20790). That NPRM proposed to require installing an in-line fuse in certain float level switches and sleeving the wires between the fuel tank and the in-line fuse. For certain airplanes, that NPRM also proposed to require installing an in-line fuse in certain fuel pump pressure switches.

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

FedEx requested that Boeing Service Bulletin Information Notices (IN) MD11-28-132 IN 01, dated December 3, 2008; MD11-28-132 IN 02, dated March 18, 2010; and MD11-28-132 IN 03, dated March 25, 2010; be referenced in the NPRM as an approved deviation from Boeing Service Bulletin MD11-28-132, dated November 25, 2008, or that Boeing revise that service bulletin to incorporate the changes outlined in those INs. FedEx stated that, as the NPRM is written, the compliance requirements will prevent FedEx from complying with the NPRM unless an alternative method of compliance (AMOC) is granted.

We partially agree. Since the issuance of the NPRM, Boeing has issued Service Bulletin MD11-28-132, Revision 1, dated July 6, 2010, to incorporate the changes outlined in Boeing Service Bulletin INs MD11-28-132 IN 01, dated December 3, 2008; MD11-28-132 IN 02, dated March 18, 2010; and MD11-28-132 IN 03, dated March 25, 2010. The revised service bulletin has only editorial changes with no additional work required. We have changed this AD to reference Boeing Service Bulletin MD11-28-132, Revision 1, dated July 6, 2010, in paragraphs (c)(2) and (g)(2) of this AD.

We have also added paragraph (i) to this AD to give credit for actions done before the effective date of this AD in accordance with Boeing Service Bulletin MD11-28-132, dated November 25, 2008.

We have revised paragraph (g)(1) of this AD to refer to Boeing Service Bulletin DC10-28-252, Revision 1, dated January 6, 2010, which describes editorial changes, but no new actions. We have added paragraph (h) to this AD to give credit for actions done before the effective date of this AD in accordance with Boeing Service Bulletin DC10-28-252, dated November 25, 2008.

We reviewed the relevant data, considered the comment 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.

We estimate that this AD will affect 281 airplanes of U.S. registry. The following table provides the estimated costs for U.S. operators to comply with this AD.

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.

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.

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

1. The authority citation for part 39 continues to read as follows:

2. The FAA amends § 39.13 by adding the following new AD: