Federal Register / Vol. 73, No. 104 / Thursday, May 29, 2008 / Rules and Regulations 30765

Authorization Organization who has been above the main and center landing gear installation of control cable freeze authorized by the Manager, Seattle ACO, to wheel wells. We are issuing this AD to protection by making certain changes. make those findings. For a repair method to prevent the accumulation of ice on the Comments be approved, the repair must meet the flight control cables in the wheel wells. certification basis of the airplane, and the approval must specifically refer to this AD. When the landing gear doors open or We gave the public the opportunity to vibration in this area occurs, such ice participate in developing this AD. We Material Incorporated by Reference accumulation could break off and can considered the comments received from (j) You must use Boeing Alert Service cause injury to people or damage to the two commenters. Bulletin 727–56A0019, dated June 6, 2007, to property on the ground, can affect Request To Delay Issuance of Final do the actions required by this AD, unless the landing gear controls and rear spar flight Rule AD specifies otherwise. control systems, can cause damage to (1) The Director of the Federal Register other control systems, and might cause FedEx and Boeing request that we approved the incorporation by reference of this service information under 5 U.S.C. loss of control of the airplane. delay issuance of the final rule until 552(a) and 1 CFR part 51. DATES: This AD is effective July 3, 2008. Boeing releases a revision to Boeing (2) For service information identified in The Director of the Federal Register Alert Service Bulletin DC10–27A237, this AD, contact Boeing Commercial approved the incorporation by reference dated January 9, 2007 (referred to as an Airplanes, P.O. Box 3707, Seattle, of certain publications listed in this AD appropriate source of service Washington 98124–2207. as of July 3, 2008. information for accomplishing the (3) You may review copies of the service actions specified in the NPRM), and to information incorporated by reference at the ADDRESSES: For service information Drawing SR11530052, and necessary FAA, Transport Airplane Directorate, 1601 identified in this AD, contact Boeing parts are available. FedEx notes that Lind Avenue, SW., Renton, Washington; or at Commercial Airplanes, Long Beach Boeing released Information Notice the National Archives and Records Division, 3855 Lakewood Boulevard, Administration (NARA). For information on DC10–27A237 IN 01, dated August 8, Long Beach, California 90846, 2007, which indicates that the the availability of this material at NARA, call Attention: Data and Service 202–741–6030, or go to: http:// procedures specified in Boeing Alert www.archives.gov/federal_register/code_of_ Management, Dept. C1–L5A (D800– Service Bulletin DC10–27A237 for federal_regulations/ibr_locations.html. 0024). Model DC–10–10F and MD–10–10F Issued in Renton, Washington, on May 10, Examining the AD Docket airplanes cannot be done. Boeing states 2008. that the engineering provided in You may examine the AD docket on Michael J. Kaszycki, Drawing SR11530052, which is referred the Internet at http:// to in Boeing Alert Service Bulletin Acting Manager, Transport Airplane www.regulations.gov; or in person at the Directorate, Aircraft Certification Service. DC10–27A237, does not reflect the Docket Management Facility between 9 existing structural configuration used on [FR Doc. E8–11359 Filed 5–28–08; 8:45 am] a.m. and 5 p.m., Monday through BILLING CODE 4910–13–P Model DC–10–10F and MD–10–10F Friday, except Federal holidays. The AD airplanes. docket contains this AD, the regulatory Since issuance of the NPRM, we have evaluation, any comments received, and DEPARTMENT OF TRANSPORTATION reviewed Boeing Alert Service Bulletin other information. The address for the DC10–27A237, Revision 1, dated Federal Aviation Administration Docket Office (telephone 800–647–5527) December 20, 2007. Revision 1 revises is the Document Management Facility, Drawing SR11530052 to account for 14 CFR Part 39 U.S. Department of Transportation, different panel configurations on Model Docket Operations, M–30, West [Docket No. FAA–2007–28748; Directorate DC–10–10F and MD–10–10F airplanes Building Ground Floor, Room W12–140, and adds airplane groups for those Identifier 2007–NM–115–AD; Amendment 1200 New Jersey Avenue, SE., 39–15537; AD 2008–11–14] affected airplanes. Revision 1 also Washington, DC 20590. removes Model DC–10–10 airplanes, RIN 2120–AA64 FOR FURTHER INFORMATION CONTACT: Ken which are not subject to the identified Sujishi, Aerospace Engineer, Cabin unsafe condition of this AD. No more Airworthiness Directives; McDonnell Safety/Mechanical and Environmental work is necessary on Model DC–10–30F Douglas Model DC–10–10F, DC–10– Systems Branch, ANM–150L, FAA, Los (KC–10A and KDC–10), DC–10–40F, 30F (KC–10A and KDC–10), DC–10– Angeles Aircraft Certification Office, MD–10–10F, and MD–10–30F airplanes 40F, MD–10–10F, and MD–10–30F 3960 Paramount Boulevard, Lakewood, changed in accordance with Boeing Airplanes; and Model MD–11 and MD– California 90712–4137; telephone (562) Alert Service Bulletin DC10–27A237, 11F Airplanes 627–5353; fax (562) 627–5210. dated January 9, 2007. AGENCY: Federal Aviation SUPPLEMENTARY INFORMATION: Therefore, we have revised this AD to Administration (FAA), DOT. refer to Boeing Alert Service Bulletin Discussion ACTION: Final rule. DC10–27A237, Revision 1, as an We issued a notice of proposed appropriate source of service SUMMARY: We are adopting a new rulemaking (NPRM) to amend 14 CFR information for accomplishing the airworthiness directive (AD) for certain part 39 to include an airworthiness required actions and identifying the McDonnell Douglas Model DC–10–10F, directive (AD) that would apply to affected airplanes. We also have added DC–10–30F (KC–10A and KDC–10), DC– certain McDonnell Douglas Model DC– a new paragraph (g) of this AD to give 10–40F, MD–10–10F, and MD–10–30F 10–10, DC–10–10F, DC–10–30F (KC– credit for actions done before the airplanes; and Model MD–11 and MD– 10A and KDC–10), DC–10–40F, MD–10– effective date of this AD according to 11F airplanes. This AD requires 10F, and MD–10–30F airplanes; and Boeing Alert Service Bulletin DC10– installation of control cable freeze Model MD–11 and MD–11F airplanes. 27A237, dated January 9, 2007, and protection by making certain changes. That NPRM was published in the redesignated subsequent paragraphs of This AD results from reports of standing Federal Register on July 23, 2007 (72 FR the AD accordingly. In addition, we water on the horizontal pressure panel 40094). That NPRM proposed to require have removed Model DC–10–10

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airplanes from the applicability of this provisions of paragraph (h) of this AD, General requirements.’’ Under that AD. we might consider requests for approval section, Congress charges the FAA with In addition, according to Boeing, an of an alternative method of compliance promoting safe flight of civil aircraft in ample number of required parts will be (AMOC) if sufficient data are submitted air commerce by prescribing regulations available to modify the U.S. fleet within to substantiate that such a design for practices, methods, and procedures the compliance time. However, change would provide an acceptable the Administrator finds necessary for according to the provisions of paragraph level of safety. We have made no change safety in air commerce. This regulation (h) of the final rule, we may approve to the AD in this regard. is within the scope of that authority requests to adjust the compliance time because it addresses an unsafe condition Request To Refer to Correct Drawing if the request includes data that prove that is likely to exist or develop on that the new compliance time would FedEx requests that the NPRM be products identified in this rulemaking provide an acceptable level of safety. revised to refer to Drawing SR10270026, action. or that we verify that the incorrect Request To Add Repair for Damaged drawing number (i.e., Drawing Regulatory Findings Seals SR11270026) in Step 3 of the Work This AD will not have federalism FedEx requests that a repair for any Instructions is corrected in the next implications under Executive Order damaged seal, part number ADA3211– revision to Boeing Alert Service Bulletin 13132. This AD will not have a 125, be included in the NPRM or the DC10–27A237, dated January 9, 2007. substantial direct effect on the States, on next revision of Boeing Alert Service We do not agree to refer to the subject the relationship between the national Bulletin DC10–27A237, dated January 9, drawing in the AD. As discussed government and the States, or on the 2007. FedEx notes that Boeing issued previously, we have reviewed Boeing distribution of power and Information Notices DC10–27A237 IN Alert Service Bulletin DC10–27A237, responsibilities among the various 01 and MD11–27A084 IN 02, both dated Revision 1, and have revised this AD to levels of government. August 8, 2007, which indicate that a fix include that service bulletin revision as For the reasons discussed above, I for damaged seals is forthcoming. an appropriate source of service We do not agree. Since issuance of certify that this AD: information for accomplishing the (1) Is not a ‘‘significant regulatory Information Notices DC10–27A237 IN required actions. The incorrect drawing 01 and MD11–27A084 IN 02, Boeing action’’ under Executive Order 12866, number has been corrected in the (2) Is not a ‘‘significant rule’’ under issued MD11–27A084 IN 03, dated service bulletin. December 14, 2007, and Boeing Alert DOT Regulatory Policies and Procedures Service Bulletin DC10–27A237, Conclusion (44 FR 11034, February 26, 1979), and Revision 1, as described previously. We reviewed the relevant data, (3) Will not have a significant Both of these documents state that considered the comments received, and economic impact, positive or negative, repairs for damaged seals will be determined that air safety and the on a substantial number of small entities included in the DC10/MD10 Structural public interest require adopting the AD under the criteria of the Regulatory Repair Manuals (SRM). In addition, with the changes described previously. Flexibility Act. Boeing has received reports that, in We also determined that these changes You can find our regulatory certain cases, the seal, which is installed will not increase the economic burden evaluation and the estimated costs of in accordance with Boeing Alert Service on any operator or increase the scope of compliance in the AD Docket. Bulletin DC10–27A237, is being the AD. List of Subjects in 14 CFR Part 39 damaged after installation as a result of being stepped on during maintenance. Costs of Compliance Air transportation, Aircraft, Aviation Therefore, there is no effect on There are about 387 airplanes of the safety, Incorporation by reference, accomplishing the requirements of this affected design in the worldwide fleet. Safety. AD. We have not revised the AD in this This AD affects about 283 airplanes of Adoption of the Amendment regard. U.S. registry. The actions take about 40 work hours per airplane, at an average I Accordingly, under the authority Request To Provide Blanket Approval labor rate of $80 per work hour. delegated to me by the Administrator, FedEx requests that we provide Required parts cost about $5,896 or the FAA amends 14 CFR part 39 as blanket approval for operators who $6,073 per airplane depending on the follows: modified the installation as shown in airplane configuration. Based on these View L of Boeing Drawing SR11530052 figures, the estimated cost of the AD for PART 39—AIRWORTHINESS (for Model DC–10–30F (KC–10A and U.S. operators is between $2,574,168 DIRECTIVES KDC–10) and Model MD–10–30F and $2,624,259, or $9,096 or $9,273 per I 1. The authority citation for part 39 airplanes) to fit Model DC–10–10F and airplane depending on the airplane continues to read as follows: MD–10–10F airplanes. FedEx states that configuration. blanket approval to modify the size, Authority: 49 U.S.C. 106(g), 40113, 44701. shape, and location of the angles and to Authority for This Rulemaking shim would be helpful to any operators Title 49 of the United States Code § 39.13 [Amended] who have already done so. specifies the FAA’s authority to issue I 2. The FAA amends § 39.13 by adding We do not agree. FedEx did not rules on aviation safety. Subtitle I, the following new AD: provide us with any data supporting section 106, describes the authority of their request for such an approval. In the FAA Administrator. ‘‘Subtitle VII: 2008–11–14 McDonnell Douglas: addition, we have determined that Aviation Programs,’’ describes in more Amendment 39–15537. Docket No. accomplishing the actions specified in detail the scope of the Agency’s FAA–2007–28748; Directorate Identifier 2007–NM–115–AD. Boeing Alert Service Bulletin DC10– authority. 27A237, Revision 1, will adequately We are issuing this rulemaking under Effective Date address the identified unsafe condition the authority described in ‘‘Subtitle VII, (a) This airworthiness directive (AD) is of this AD. However, under the Part A, Subpart III, Section 44701: effective July 3, 2008.

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Affected ADs Applicability (b) None. (c) This AD applies to airplanes identified in Table 1 of this AD, certificated in any category.

TABLE 1.—APPLICABILITY

McDonnell Douglas model— As identified in Boeing Alert Service Bulletin—

(1) DC–10–10F, DC–10–30F (KC–10A and KDC–10), DC–10–40F, DC10–27A237, Revision 1, dated December 20, 2007. MD–10–10F, and MD–10–30F airplanes. (2) MD–11 and MD–11F airplanes ...... MD11–27A084, Revision 1, dated March 26, 2007.

Unsafe Condition Bulletin MD11–27A084, Revision 1, dated R–5314H and J; and revokes R–5314G. (d) This AD results from reports of March 26, 2007; to do the actions required by The FAA is taking this action to standing water on the horizontal pressure this AD, unless the AD specifies otherwise. enhance the safety and operational panel above the main and center landing gear (1) The Director of the Federal Register efficiency of the Dare County Range. wheel wells. We are issuing this AD to approved the incorporation by reference of this service information under 5 U.S.C. DATES: Effective Date: 0901 UTC, July prevent the accumulation of ice on the flight 31, 2008. control cables in the wheel wells. When the 552(a) and 1 CFR part 51. landing gear doors open or vibration in this (2) For service information identified in FOR FURTHER INFORMATION CONTACT: Paul area occurs, such ice accumulation could this AD, contact Boeing Commercial Gallant, Airspace and Rules Group, break off and can cause injury to people or Airplanes, Long Beach Division, 3855 Office of System Operations Airspace damage to property on the ground, can affect Lakewood Boulevard, Long Beach, California and AIM, Federal Aviation landing gear controls and rear spar flight 90846, Attention: Data and Service Administration, 800 Independence control systems, can cause damage to other Management, Dept. C1–L5A (D800–0024). Avenue, SW., Washington, DC 20591; (3) You may review copies of the service control systems, and might cause loss of telephone: (202) 267–8783. control of the airplane. information incorporated by reference at the FAA, Transport Airplane Directorate, 1601 SUPPLEMENTARY INFORMATION: Compliance Lind Avenue, SW., Renton, Washington; or at Background (e) You are responsible for having the the National Archives and Records actions required by this AD performed within Administration (NARA). For information on Restricted Area R–5314 is part of the the compliance times specified, unless the the availability of this material at NARA, call Dare County Range in North Carolina. actions have already been done. 202–741–6030, or go to: http:// R–5314 is divided into nine subareas, www.archives.gov/federal_register/ designated A, B, C, D, E, F, G, H and J. Installation of Control Cable Freeze code_of_federal_regulations/ Protection _ These subareas support the Air Force ibr locations.html. Dare bombing range and the Navy Dare (f) Within 24 months after the effective Issued in Renton, Washington, on May 14, bombing range and are used to train date of this AD, install control cable freeze 2008. protection by making the changes specified aircrews in various tactics such as air- in and in accordance with the Ali Bahrami, to-ground ordnance delivery and night Accomplishment Instructions of the Manager, Transport Airplane Directorate, vision goggle operations. The current applicable service bulletin identified in Table Aircraft Certification Service. layout of R–5314 requires aircrews 1 of this AD. [FR Doc. E8–11465 Filed 5–28–08; 8:45 am] using the two ranges to share R–5314A (g) For Model DC–10–30F (KC–10A and BILLING CODE 4910–13–P and R–5314F. This involves extensive KDC–10), DC–10–40F, MD–10–10F, and MD– coordination between aircrew and the 10–30F airplanes: Installations done before Range Control Officers at both ranges to the effective date of this AD in accordance DEPARTMENT OF TRANSPORTATION deconflict the two operations. The U.S. with Boeing Alert Service Bulletin DC10– Air Force requested that the FAA take 27A237, dated January 9, 2007, are Federal Aviation Administration acceptable for compliance with the action to reconfigure the internal requirements of paragraph (f) of this AD. alignment and boundaries of R–5314 to 14 CFR Part 73 better delineate the airspace between Alternative Methods of Compliance the Navy and Air Force ranges. Under (AMOCs) [Docket No. FAA–2008–0519; Airspace Docket No. 08–ASO–6] the reconfiguration, Air Force Dare (h)(1) The Manager, Los Angeles Aircraft users will operate in R–5314A, B, and Certification Office (ACO), FAA, has the RIN 2120–AA66 C, while Navy Dare users will operate in authority to approve AMOCs for this AD, if Modification of Restricted Areas R– R–5314D, E, and F. The airspace requested in accordance with the procedures currently designated as R–5314G is found in 14 CFR 39.19. 5314A, B, C, D, E, F, H, and J; and subdivided into two areas and (2) To request a different method of Revocation of Restricted Area R– redesignated as R–5314C and R–5314F. compliance or a different compliance time 5314G; Dare County Range, NC for this AD, follow the procedures in 14 CFR The designation R–5314G will be 39.19. Before using any approved AMOC on AGENCY: Federal Aviation revoked. To the east of the newly any airplane to which the AMOC applies, Administration (FAA), DOT. realigned C and F subareas, the current notify your appropriate principal inspector ACTION: Final rule. areas R–5314A, B, C, D, E and F are (PI) in the FAA Flight Standards District reconfigured into R–5314A, B, D, and E. Office (FSDO), or lacking a PI, your local SUMMARY: This action realigns the This rearranges the location of several FSDO. internal boundaries and amends the subareas within the current restricted Material Incorporated by Reference time of designation and using agency area boundaries, but does not alter the (i) You must use Boeing Alert Service title for restricted areas R–5314A, B, C, existing geographic footprint or altitude Bulletin DC10–27A237, Revision 1, dated D, E, and F; amends the time of floors of the R–5314 complex. The December 20, 2007; or Boeing Alert Service designation and using agency title for changes will simplify the restricted area

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