[Federal Register: February 24, 2009 (Volume 74, Number 35)]
[Rules and Regulations]
[Page 8150-8151]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24fe09-4]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0736; Directorate Identifier 2008-NM-102-AD;
Amendment 39-15804; AD 2009-03-03]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model DC-9-14, DC-9-
15, and DC-9-15F Airplanes; and Model DC-9-20, DC-9-30, DC-9-40, and
DC-9-50 Series 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 airplanes listed above. This AD requires installing a
dam assembly for the container of the fuel boost pump of the center
tank located in the right main tank, and doing the related
investigative actions, and corrective actions if necessary. This AD
results from fuel system reviews conducted by the manufacturer. We are
issuing this AD to prevent the center tank fuel boost pump from
operating in a fuel vapor zone and becoming a potential ignition source
in the right main tank, potentially resulting in a fuel tank explosion
and consequent loss of the airplane.
DATES: This AD is effective March 31, 2009.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 31,
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
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: William S. Bond, Aerospace Engineer,
Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137;
telephone (562) 627-5253; 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 airplanes. That NPRM was published in the
Federal Register on August 1, 2008 (73 FR 44937). That NPRM proposed to
require installing a dam assembly for the container of the fuel boost
pump of the center tank located in the right main tank, and doing the
related investigative actions, and corrective actions if necessary.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comment received.
Request for Service Bulletin Validation
Northwest Airlines (NWA) has concerns that Boeing Service Bulletin
DC9-28-216, dated March 18, 2008, has not been fully validated on an
airplane. NWA states that the referenced service bulletin specifies
that the identified change was completed on an airplane having fuselage
number 807, before the initial release of the service bulletin.
However, although accomplishment of the referenced service bulletin was
started on that airplane (for a NWA airplane), it was determined that
the fuel line hardware specified in the service bulletin is incorrect,
and the actions could not be accomplished. NWA has contacted Boeing
regarding the problem, and adds that, as written, the referenced
service bulletin cannot be accomplished. NWA recommends that the
service bulletin be validated prior to release of the AD.
We acknowledge the commenter's concern but we do not agree that
Boeing Service Bulletin DC9-28-216, dated March 18, 2008, cannot be
accomplished. The manufacturer has informed us that the fuel line
hardware specified in Boeing Service Bulletin DC9-28-216, dated March
18, 2008, is correct. During validation of the service bulletin on the
airplane having fuselage number 807, the identified problem was
[[Page 8151]]
corrected prior to the release of Boeing Service Bulletin DC9-28-216,
dated March 18, 2008. Therefore, we have made no change to the AD in
this regard.
Conclusion
We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting the
AD as proposed.
Costs of Compliance
We estimate that this AD affects 413 airplanes of U.S. registry. We
also estimate that it will take 3 or 7 work-hours per product,
depending on airplane configuration, to comply with this AD. The
average labor rate is $80 per work-hour. Required parts will cost
$1,142 or $1,697 per product, depending on configuration of the
airplane. Based on these figures, we estimate the cost of this AD to
the U.S. operators to be $570,766 or $932,141, or $1,382 or $2,257 per
product, depending on configuration of the 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
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:
2009-03-03 McDonnell Douglas: Amendment 39-15804. Docket No. FAA-
2008-0736; Directorate Identifier 2008-NM-102-AD.
Effective Date
(a) This airworthiness directive (AD) is effective March 31,
2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to McDonnell Douglas Model DC-9-14, DC-9-15,
DC-9-15F, DC-9-21, DC-9-31, DC-9-32, DC-9-32 (VC-9C), DC-9-32F, DC-
9-33F, DC-9-34, DC-9-34F, DC-9-32F (C-9A, C-9B), DC-9-41, and DC-9-
51 airplanes, certificated in any category; as identified in Boeing
Service Bulletin DC9-28-216, dated March 18, 2008.
Unsafe Condition
(d) This AD results from fuel system reviews conducted by the
manufacturer. We are issuing this AD to prevent the center tank fuel
boost pump from operating in a fuel vapor zone and becoming a
potential ignition source in the right main tank, potentially
resulting 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.
Install Dam Assembly
(f) Within 60 months after the effective date of this AD,
install a dam assembly for the container of the fuel boost pump of
the center tank located in the right main tank, and do the related
investigative and applicable corrective actions, by accomplishing
all the actions specified in the Accomplishment Instructions of
Boeing Service Bulletin DC9-28-216, dated March 18, 2008. Do the
applicable corrective actions before further flight.
Alternative Methods of Compliance (AMOCs)
(g)(1) The Manager, FAA, Los Angeles Aircraft Certification
Office, ATTN: William S. Bond, Aerospace Engineer, Propulsion
Branch, ANM-140L, FAA, Los Angeles Aircraft Certification Office,
3960 Paramount Boulevard, Lakewood, California 90712-4137; telephone
(562) 627-5253; 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
(h) You must use Boeing Service Bulletin DC9-28-216, dated March
18, 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 http://www.myboeingfleet.com.
(3) You may review copies of the service information that is
incorporated by reference 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 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 January 21, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-3125 Filed 2-23-09; 8:45 am]
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