[Federal Register: January 18, 2008 (Volume 73, Number 13)]
[Proposed Rules]
[Page 3422-3425]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ja08-15]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0032; Directorate Identifier 2007-NM-314-AD]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model 717-200
Airplanes; Model DC-9-10 Series Airplanes; Model DC-9-20 Series
Airplanes; Model DC-9-30 Series Airplanes; Model DC-9-40 Series
Airplanes; Model DC-9-50 Series Airplanes; Model DC-9-81 (MD-81), DC-9-
82 (MD-82), DC-9-83 (MD-83), and DC-9-87 (MD-87) Airplanes; Model MD-88
Airplanes; and Model MD-90-30 Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
McDonnell Douglas airplanes identified above. This proposed AD would
require 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. This proposed AD results from a design review of the fuel
tank systems. We are proposing 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: We must receive comments on this proposed AD by March 3, 2008.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 202-493-2251.
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.
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, 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 proposed 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: Serj Harutunian, Aerospace Engineer,
Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137;
telephone (562) 627-5254; fax (562) 627-5210.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0032;
Directorate Identifier 2007-NM-314-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
We will post all comments we receive, without change, to http://www.regulations.gov
, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
The FAA has examined the underlying safety issues involved in fuel
tank explosions on several large transport airplanes, including the
adequacy of existing regulations, the service history of airplanes
subject to those regulations, and existing maintenance practices for
fuel tank systems. As a result of those findings, we issued a
regulation titled ``Transport Airplane Fuel Tank System Design Review,
Flammability Reduction and Maintenance and Inspection Requirements''
(66 FR 23086, May 7, 2001). In addition to new airworthiness standards
for transport airplanes and new maintenance requirements, this rule
included Special Federal Aviation Regulation No. 88 (``SFAR 88,''
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
Among other actions, SFAR 88 requires certain type design (i.e.,
type certificate (TC) and supplemental type certificate (STC)) holders
to substantiate that their fuel tank systems can prevent ignition
sources in the fuel tanks. This requirement applies to type design
holders for large turbine-powered transport airplanes and for
subsequent modifications to those airplanes. It requires them to
perform design reviews and to develop design changes and maintenance
procedures if their designs
[[Page 3423]]
do not meet the new fuel tank safety standards. As explained in the
preamble to the rule, we intended to adopt airworthiness directives to
mandate any changes found necessary to address unsafe conditions
identified as a result of these reviews.
In evaluating these design reviews, we have established four
criteria intended to define the unsafe conditions associated with fuel
tank systems that require corrective actions. The percentage of
operating time during which fuel tanks are exposed to flammable
conditions is one of these criteria. The other three criteria address
the failure types under evaluation: Single failures, single failures in
combination with another latent condition(s), and in-service failure
experience. For all four criteria, the evaluations included
consideration of previous actions taken that may mitigate the need for
further action.
We have determined that the actions identified in this proposed AD
are necessary to reduce the potential of ignition sources inside fuel
tanks, which, in combination with flammable fuel vapors, could result
in a fuel tank explosion and consequent loss of the airplane.
Relevant Service Information
We have reviewed the following appendixes of the Boeing Twinjet
Special Compliance Items Report, MDC-92K9145, Revision G, dated June 7,
2007 (hereafter referred to as ``Report MDC-92K9145''):
Appendix B, Critical Design Configuration Control Limitations
(CDCCLs)
Appendix C, Airworthiness Limitation Instructions (ALIs)
Appendix D, Short-Term Extensions
Appendixes B and C of Report MDC-92K9145 describe new airworthiness
limitations (AWLs) for fuel tank systems. The new AWLs include:
CDCCLs, which 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; and
AWL inspections, which are inspections of certain features
for latent failures that could contribute to an ignition source.
FAA's Determination and Requirements of This Proposed AD
We are proposing this AD because we evaluated all relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the(se) same type
design(s). This proposed AD would require revising the FAA-approved
maintenance program, or the AWLs section of the Instructions for
Continued Airworthiness, as applicable, by incorporating the
information in Appendixes B, C, and D of Report MDC-92K9145.
Difference Between the Proposed AD and Service Information
Although Report MDC-92K9145 specifies to submit certain information
to the manufacturer, this proposed AD does not include that
requirement.
Explanation of Compliance Time
In most ADs, we adopt a compliance time allowing a specified amount
of time after the AD's effective date. In this case, however, the FAA
has already issued regulations that require operators to revise their
maintenance/inspection programs to address fuel tank safety issues. The
compliance date for these regulations is December 16, 2008. To provide
for efficient and coordinated implementation of these regulations and
this proposed AD, we are using this same compliance date in this
proposed AD.
Rework Required When Implementing AWLs Into an Existing Fleet
The maintenance program revision specified in paragraph (g) of this
proposed AD, and the AWLs revision specified in paragraph (h) of this
proposed AD, for the fuel tank systems, which involve incorporating the
information specified in Report MDC-92K9145, would affect how operators
maintain their airplanes. After doing the maintenance program revision
or AWLs revision, as applicable, operators would need to do any
maintenance on the fuel tank system as specified in the CDCCLs.
Maintenance done before the maintenance program revision specified in
paragraph (g), or the AWLs revision specified in paragraph (h), as
applicable, would not need to be redone in order to comply with
paragraph (g) or (h). For example, the AWL that requires fuel pumps to
be repaired and overhauled per the FAA-approved component maintenance
manual (CMM) applies to fuel pumps repaired after the maintenance
programs are revised; spare or on-wing fuel pumps do not need to be
reworked.
Changes to Fuel Tank System AWLs
For certain airplanes, paragraph (g) of this proposed AD would
require revising the FAA-approved maintenance program by incorporating
certain information specified in Report MDC-92K9145. For certain other
airplanes, paragraph (h) of this proposed AD would require revising the
AWLs section of the Instructions for Continued Airworthiness by
incorporating certain information specified in Report MDC-92K9145.
Paragraphs (g) and (h) allow accomplishing the revision in accordance
with later revisions of Report MDC-92K9145 as an acceptable method of
compliance if they are approved by the Manager, Los Angeles Aircraft
Certification Office (ACO), FAA. In addition, Appendix B of Report MDC-
92K9145 specifies that any deviations from the published AWL
instructions, including AWL intervals, must be approved by the Manager,
Los Angeles ACO. Therefore, after the maintenance program or AWLs
revision, any further revision to an AWL or AWL interval should be done
as an AWL change, not as an alternative method of compliance (AMOC).
For U.S.-registered airplanes, operators must make requests through an
appropriate FAA Principal Maintenance Inspector (PMI) or Principal
Avionics Inspector (PAI) for approval by the Manager, Los Angeles ACO.
A non-U.S. operator should coordinate changes with its governing
regulatory agency.
Exceptional Short-Term Extensions
Appendix D of Report MDC-92K9145 has provisions for an exceptional
short-term extension of 30 days. An exceptional short-term extension is
an increase in an AWL interval that may be needed to cover an
uncontrollable or unexpected situation. For U.S.-registered airplanes,
the FAA PMI or PAI must concur with any exceptional short-term
extension before it is used, unless the operator has identified another
appropriate procedure with the local regulatory authority. The FAA PMI
or PAI may grant the exceptional short-term extensions described in
Appendix D without consultation with the Manager, Los Angeles ACO. A
non-U.S. operator should coordinate changes with its governing
regulatory agency. As explained in Appendix D, exceptional short-term
extensions must not be used for fleet AWL extensions. An exceptional
short-term extension should not be confused with an operator's short-
term escalation authorization approved in accordance with the
Operations Specifications or the operator's reliability program.
[[Page 3424]]
Ensuring Compliance With Fuel Tank System AWLs
Boeing has revised the applicable maintenance manuals and task
cards to address AWLs and to include notes about CDCCLs. Operators that
do not use Boeing's revision service should revise their maintenance
manuals and task cards to highlight actions tied to CDCCLs to ensure
that maintenance personnel are complying with the CDCCLs.
Recording Compliance With Fuel Tank System AWLs
The applicable operating rules of the Federal Aviation Regulations
(14 CFR parts 91, 121, 125, and 129) require operators to maintain
records with the identification of the current inspection status of an
airplane. The AWLs contained in Appendix C of Report MDC-92K9145 are
inspections for which the applicable sections of the operating rules
apply. The AWLs contained in Appendix B of Report MDC-92K9145 are
CDCCLs, which are tied to conditional maintenance actions. An entry
into an operator's existing maintenance record system for corrective
action is sufficient for recording compliance with CDCCLs, as long as
the applicable maintenance manual and task cards identify actions that
are CDCCLs.
Changes to Component Maintenance Manuals (CMMs) Cited in Fuel Tank
System AWLs
Some of the AWLs in Appendix B of Report MDC-92K9145 refer to
specific revision levels of the CMMs as additional sources of service
information for doing the AWLs. Boeing is referring to the CMMs by
revision level in the applicable AWL for certain components rather than
including information directly in the AWL because of the volume of that
information. As a result, the Manager, Los Angeles ACO, must approve
the CMMs. Any later revision of those CMMs will be handled like a
change to the AWL itself. Any use of parts (including the use of parts
manufacturer approval (PMA) approved parts), methods, techniques, and
practices not contained in the CMMs need to be approved by the Manager,
Los Angeles ACO, or governing regulatory authority. For example,
certain pump repair/overhaul manuals must be approved by the Manager,
Los Angeles ACO.
Changes to Airplane Maintenance Manual Referenced in Fuel Tank System
AWLs
In other AWLs in Report MDC-92K9145, the AWLs contain all the
necessary data. The applicable section of the maintenance manual is
usually included in the AWLs. Boeing intended this information to
assist operators in maintaining the maintenance manuals. A maintenance
manual change to these tasks may be made without approval by the
Manager, Los Angeles ACO, through an appropriate FAA PMI or PAI, by the
governing regulatory authority, or by using the operator's standard
process for revising maintenance manuals. An acceptable change would
have to maintain the information specified in the AWL such as the pass/
fail criteria or special test equipment.
Costs of Compliance
We estimate that this proposed AD would affect 780 airplanes of
U.S. registry. We also estimate that it would take about 1 work-hour
per product to comply with this proposed AD. The average labor rate is
$80 per work-hour. Based on these figures, we estimate the cost of this
proposed AD to the U.S. operators to be $62,400, or $80 per product.
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 determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
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.
You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
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]
2. The FAA amends Sec. 39.13 by adding the following new AD:
McDonnell Douglas: Docket No. FAA-2008-0032; Directorate Identifier
2007-NM-314-AD.
Comments Due Date
(a) We must receive comments by March 3, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all McDonnell Douglas Model 717-200
airplanes; Model DC-9-11, DC-9-12, DC-9-13, DC-9-14, DC-9-15, and
DC-9-15F airplanes; Model DC-9-21 airplanes; Model DC-9-31, DC-9-32,
DC-9-32 (VC-9C), DC-9-32F, DC-9-33F, DC-9-34, DC-9-34F, and DC-9-32F
(C-9A, C-9B) airplanes; Model DC-9-41 airplanes; Model DC-9-51
airplanes; Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83),
and DC-9-87 (MD-87) airplanes; Model MD-88 airplanes; and Model MD-
90-30 airplanes; certificated in any category.
Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections and maintenance
actions. Compliance with these limitations is required by 14 CFR
43.16 and 91.403(c). For airplanes that have been previously
modified, altered, or repaired in the areas addressed by these
limitations, the operator may not be able to accomplish the actions
described in the revisions. In this situation, to comply with 14 CFR
43.16 and 91.403(c), the operator must request approval for revision
to the airworthiness limitations (AWLs) in the Boeing Twinjet
Special Compliance Items Report, MDC-92K9145, according to paragraph
(g), (h), or (j) of this AD, as applicable.
[[Page 3425]]
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) Comply with this AD within the compliance times specified,
unless already done.
Service Information Reference
(f) The term ``Report MDC-92K9145,'' as used in this AD, means
the Boeing Twinjet Special Compliance Items Report, MDC-92K9145,
Revision G, dated June 7, 2007.
Revise the FAA-Approved Maintenance Program
(g) For Model DC-9-11, DC-9-12, DC-9-13, DC-9-14, DC-9-15, and
DC-9-15F airplanes; Model DC-9-21 airplanes; Model DC-9-31, DC-9-32,
DC-9-32 (VC-9C), DC-9-32F, DC-9-33F, DC-9-34, DC-9-34F, and DC-9-32F
(C-9A, C-9B) airplanes; Model DC-9-41 airplanes; Model DC-9-51
airplanes; and Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-
83), and DC-9-87 (MD-87) 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-92K9145.
Accomplishing the revision in accordance with a later revision of
Report MDC-92K9145 is an acceptable method of compliance if the
revision is approved by the Manager, Los Angeles Aircraft
Certification Office (ACO), FAA.
Revise the AWLs Section
(h) For Model 717-200, Model MD-88, and Model MD-90-30
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-
92K9145. Accomplishing the revision in accordance with a later
revision of Report MDC-92K9145 is an acceptable method of compliance
if the revision is approved by the Manager, Los Angeles ACO.
No Reporting Requirement
(i) Although Report MDC-92K9145 specifies to submit certain
information to the manufacturer, this AD does not require that
action.
Alternative Methods of Compliance (AMOCs)
(j)(1) The Manager, Los Angeles ACO, FAA, ATTN: Serj Harutunian,
Aerospace Engineer, Propulsion Branch, ANM-140L, 3960 Paramount
Boulevard, Lakewood, California 90712-4137; telephone (562) 627-
5254; 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.
Issued in Renton, Washington, on January 9, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.
[FR Doc. E8-857 Filed 1-17-08; 8:45 am]
BILLING CODE 4910-13-P