[Federal Register Volume 75, Number 123 (Monday, June 28, 2010)]
[Proposed Rules]
[Pages 36577-36579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15652]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 /
Proposed Rules
[[Page 36577]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0554; Directorate Identifier 2010-NM-082-AD]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Corporation Model MD-
90-30 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede an existing airworthiness
directive (AD) that applies to certain Model MD-90-30 airplanes. The
existing AD currently requires modifying the auxiliary hydraulic power
system (including doing all applicable related investigative and
corrective actions). This proposed AD would require these same actions,
using corrected service information. This proposed AD results from fuel
system reviews conducted by the manufacturer, as well as reports of
electrically shorted wires in the right wheel well and evidence of
arcing on the auxiliary hydraulic pump power cables, which are routed
within the tire burst area. We are proposing this AD to prevent
electrically shorted wires or arcing at the auxiliary hydraulic pump
power cables, which could result in a fire in the wheel well. We are
also proposing this AD to reduce the potential of an ignition source
adjacent to the fuel tanks, 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 August 12, 2010.
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 proposed 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
[email protected]; Internet https://www.myboeingfleet.com. You may
review copies of the referenced 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.
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: Ken Sujishi, Aerospace Engineer, Cabin
Safety/Mechanical and Environmental Systems Branch, ANM-150L, FAA, Los
Angeles Aircraft Certification Office, 3960 Paramount Boulevard,
Lakewood, California 90712-4137; telephone (562) 627-5353; 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-2010-0554;
Directorate Identifier 2010-NM-082-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
On March 18, 2009, we issued AD 2009-07-04, Amendment 39-15863 (74
FR 14460, March 31, 2009), for certain Model MD-90-30 airplanes. That
AD requires modifying the auxiliary hydraulic power system (including
doing all applicable related investigative and corrective actions).
That AD resulted from fuel system reviews conducted by the
manufacturer, as well as reports of shorted wires in the right wheel
well and evidence of arcing on the power cables of the auxiliary
hydraulic pump. Boeing analysis determined that the existing auxiliary
hydraulic pump wire harness assembly is routed within the tire burst
area and that installing and routing a new and longer auxiliary
hydraulic pump wire harness assembly outside the tire burst area will
minimize the possibility of chafing and electrical wire arcing damage.
We issued that AD to prevent shorted wires or electrical arcing at the
auxiliary hydraulic pump, which could result in a fire in the wheel
well; and to reduce the potential of an ignition source adjacent to the
fuel tanks, which, in combination with flammable fuel vapors, could
result in a fuel tank explosion and consequent loss of the airplane.
Actions Since Existing AD Was Issued
Since we issued AD 2009-07-04, we have been advised that the Work
Instructions of Boeing Alert Service Bulletin MD90-29A021, Revision 1,
dated August 29, 2008 (the service bulletin referenced in AD 2009-07-
04), are inadequate in that some wire
[[Page 36578]]
support clamp orientations would present a riding condition with
surrounding structure or existing hydraulic lines.
Relevant Service Information
Boeing has issued Alert Service Bulletin MD90-29A021, Revision 2,
dated March 16, 2010, which includes additional work (e.g., checking
electrical resistance and doing a general visual inspection of the wire
harness protective sleeving dimensions, which are related investigative
actions; and installing new sleeving, adding tie tape, installing a new
wire harness assembly, and installing new clamps, which are corrective
actions).
FAA's Determination and Requirements of the Proposed AD
We have evaluated all pertinent information and identified an
unsafe condition that is likely to develop on other airplanes of the
same type design. For this reason, we are proposing this AD, which
would supersede AD 2009-07-04 but would not retain the requirements of
the existing AD. This proposed AD would require accomplishing the
actions specified in Boeing Alert Service Bulletin MD90-29A021,
Revision 2, dated March 16, 2010, as described previously.
Costs of Compliance
There are about 109 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs for
U.S. operators to comply with this proposed AD.
Estimated Costs
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Number of
Average U.S.-
Action Work hours labor rate Parts Cost per airplane registered Fleet cost
per hour airplanes
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Modification...................... Between 4 and 11..... $85 Up to $4,870......... Between $5,210 and 21 Between $109,410 and
$5,805. $121,905.
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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 have 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 that the 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.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket. See the
ADDRESSES section for a location to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, 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 removing Amendment 39-15863 (74 FR
14460, March 31, 2009) and adding the following new AD:
McDonnell Douglas Corporation: Docket No. FAA-2010-0554; Directorate
Identifier 2010-NM-082-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by August
12, 2010.
Affected ADs
(b) This AD supersedes AD 2009-07-04, Amendment 39-15863.
Applicability
(c) This AD applies to McDonnell Douglas Corporation Model MD-
90-30 airplanes, certificated in any category; as identified in
Boeing Alert Service Bulletin MD90-29A021, Revision 2, dated March
16, 2010.
Subject
(d) Air Transport Association (ATA) of America Code 29:
Hydraulic Power.
Unsafe Condition
(e) This AD results from fuel system reviews conducted by the
manufacturer, as well as reports of electrically shorted wires in
the right wheel well and evidence of arcing on the auxiliary
hydraulic pump power cables, which are routed within the tire burst
area. The Federal Aviation Administration is proposing this AD to
prevent electrically shorted wires or arcing at the auxiliary
hydraulic pump power cables, which could result in a fire in the
wheel well. We are also proposing this AD to reduce the potential of
an ignition source adjacent to the fuel tanks, which, in combination
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 the compliance times specified, unless the
actions have already been done.
Replacement
(g) Within 18 months after the effective date of this AD, modify
the auxiliary hydraulic power system, and do all applicable related
investigative and corrective actions, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin MD90-
29A021, Revision 2, dated March 16, 2010. Do all applicable
[[Page 36579]]
related investigative and corrective actions before further flight.
Alternative Methods of Compliance (AMOCs)
(h)(1) The Manager, Los Angeles Aircraft Certification Office,
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: Ken Sujishi, Aerospace Engineer, Cabin Safety/Mechanical and
Environmental Systems Branch, ANM-150L, FAA, Los Angeles Aircraft
Certification Office, 3960 Paramount Boulevard, Lakewood, California
90712-4137; telephone (562) 627-5353; 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.
Issued in Renton, Washington, on June 17, 2010.
Robert D. Breneman,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-15652 Filed 6-25-10; 8:45 am]
BILLING CODE 4910-13-P