[Federal Register: June 2, 2009 (Volume 74, Number 104)]
[Rules and Regulations]
[Page 26291-26293]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jn09-5]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0213; Directorate Identifier 2008-NM-224-AD;
Amendment 39-15921; AD 2009-11-11]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model MD-90-30
Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
McDonnell Douglas Model MD-90-30 airplanes. This AD requires installing
fuses and wire protection in certain wing and fuel tank spars. This AD
results from fuel system reviews conducted by the manufacturer. We are
issuing this AD to prevent possible damage to the fuel level float or
pressure switch wires. Such damage could become a potential ignition
source inside the fuel tank, and, when combined with flammable fuel
vapors, could result in a fuel tank explosion and consequent loss of
the airplane.
DATES: This AD is effective July 7, 2009.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of July 7, 2009.
ADDRESSES: 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
[[Page 26292]]
dse.boecom@boeing.com; Internet https://www.myboeingfleet.com.
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
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 McDonnell Douglas Model MD-90-30 airplanes. That NPRM was
published in the Federal Register on March 10, 2009 (74 FR 10202). That
NPRM proposed to require installing fuses and wire protection in
certain wing and fuel tank spars.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.
Conclusion
We reviewed the relevant data and determined that air safety and
the public interest require adopting the AD as proposed.
Costs of Compliance
We estimate that this AD will affect 15 airplanes of U.S. registry.
The following table provides the estimated costs for U.S. operators to
comply with this AD.
Table--Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of
Average U.S.-
Action Work hours labor rate Parts Cost per product registered Fleet cost
per hour airplanes
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Installation, depending on group.. 20 or 26.............. $80 $1,132 or $1,822..... $2,732 or $3,902..... 15 $40,980 to $58,530.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
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.
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 FAA amends Sec. 39.13 by adding the following new AD:
2009-11-11 McDonnell Douglas: Amendment 39-15921. Docket No. FAA-
2009-0213; Directorate Identifier 2008-NM-224-AD.
Effective Date
(a) This airworthiness directive (AD) is effective July 7, 2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to McDonnell Douglas Model MD-90-30
airplanes, certificated in any category, excluding fuselage number
2159.
Subject
(d) Air Transport Association (ATA) of America Code 28: Fuel.
Unsafe Condition
(e) This AD results from fuel system reviews conducted by the
manufacturer. We are issuing this AD to prevent possible damage to
the fuel level float or pressure switch wires. Such damage could
become a potential ignition source inside the fuel tank, and, when
combined with flammable fuel vapors, could result in a fuel tank
explosion and consequent loss of the airplane.
Compliance
(f) You are responsible for having the actions required by this
AD performed within
[[Page 26293]]
the compliance times specified, unless the actions have already been
done.
Installation
(g) Within 5 years after the effective date of this AD, do the
actions specified in paragraph (g)(1) or (g)(2) of this AD, as
applicable, in accordance with the Accomplishment Instructions of
Boeing Service Bulletin MD90-28-012, dated November 19, 2008 (``the
service bulletin'').
(1) For Group 1 airplanes identified in the service bulletin,
install fuel level float switch in-line fuses and wire protection in
the left and right wing forward spars and center fuel tank forward
spar, right side.
(2) For Group 2 airplanes identified in the service bulletin,
install fuel level float switch in-line fuses and wire protection in
the left and right wing forward spars, center fuel tank forward
spar, right side, and forward auxiliary fuel tank, right side; and
install a fuel pressure switch in-line fuse and wire protection in
the center fuel tank forward spar, left side.
Alternative Methods of Compliance (AMOCs)
(h)(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: 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.
(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.
Material Incorporated by Reference
(i) You must use Boeing Service Bulletin MD90-28-012, dated
November 19, 2008, to do the actions required by this AD, unless the
AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(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
dse.boecom@boeing.com; Internet https://www.myboeingfleet.com.
(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: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on May 20, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-12521 Filed 6-1-09; 8:45 am]
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