[Federal Register Volume 76, Number 63 (Friday, April 1, 2011)]
[Rules and Regulations]
[Pages 18022-18024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6633]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0958; Directorate Identifier 2010-NM-188-AD;
Amendment 39-16641; AD 2011-07-04]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Model DC-9-14, DC-9-
15, and DC-9-15F Airplanes; and 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 the
products listed above. This AD requires installing new in-line fuses
for the fuel level float switch and new in-line fuses for the pressure
switch, as applicable, and changing the wiring. The proposed actions
would affect the left and right wing forward spars, center wing forward
spar, forward auxiliary fuel tank, and aft auxiliary fuel tank, as
applicable. This AD was prompted by fuel system reviews conducted by
the manufacturer. We are issuing this AD to prevent the potential of
ignition sources inside fuel tanks, which, in combination with
flammable fuel vapors, could result in fuel tank explosions and
consequent loss of the airplane.
DATES: This AD is effective May 6, 2011.
The Director of the Federal Register approved the incorporation by
reference
[[Page 18023]]
of a certain publication listed in the AD as of May 6, 2011.
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
[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 AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone: 800-647-5527) is 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;
phone: 562-627-5262; fax: 562-627-5210, e-mail: [email protected].
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
the specified products. That NPRM published in the Federal Register on
October 8, 2010 (75 FR 62331). That NPRM proposed to require installing
new in-line fuses for the fuel level float switch and new in-line fuses
for the pressure switch, as applicable, and changing the wiring.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received.
Request Revision of FAA AD 2008-11-15
Aeropostal requested that we issue this AD as a revision to
existing AD 2008-11-15. Aeropostal stated that the requirement of
installing fuses in the proposed AD is incorporated by Boeing Critical
Design Configuration Control Limitation (CDCCL) 20-13 of Twinjet
Special Compliance Items Report, MDC-92K9145, Revision J, dated January
26, 2010.
We disagree with the request to revise AD 2008-11-15. AD 2008-11-15
requires incorporation of Boeing Twinjet Special Compliance Items
Report, MDC-92K9145, Revision G, dated June 7, 2007, which does not
include CDCCL 20-13. This proposed AD does not require incorporating
CDCCL 20-13. This AD requires the installation of new in-line fuses for
the fuel level float switch and new in-line fuses for the pressure
switch. We might consider future rulemaking to revise AD 2008-11-15 to
include CDCCL 20-13. No change has been made to AD 2008-11-15 or this
AD in this regard.
Request for Clarification
Aeropostal requested clarification concerning the NPRM and whether
it will satisfy the requirements of AD 2008-11-15.
We agree that clarification is needed. AD 2008-11-15 requires
revising the maintenance program or the Airworthiness Limitations (AWL)
section of the Instructions for Continued Airworthiness to incorporate
new AWLs for fuel tank systems, in accordance with Boeing Twinjet
Special Compliance Items Report, MDC-92K9145, Revision G, dated June 7,
2007. This AD has different requirements including the installation of
new in-line fuses for the fuel level float switch and new in-line fuses
for the pressure switches. No change has been made to this AD in this
regard.
Explanation of Change Made to the AD
We have revised this AD to identify the legal name of the
manufacturer as published in the most recent type certificate data
sheet for the affected airplane models.
Conclusion
We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD with the change described previously. We have determined that
this change:
Is consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
Does not add any additional burden upon the public than
was already proposed in the NPRM.
We also determined that this change will not increase the economic
burden on any operator or increase the scope of the AD.
Costs of Compliance
We estimate that this AD affects 275 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated Costs
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Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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Installation.......... Up to 17 work-hours x Between $289 and Between $1,734 and Between $476,850 and
$85 per hour = Up to $1,449\1\. $2,894\1\. $795,850.\1\
$1,445\1\.
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\1\ Depending on airplane group as identified in Boeing Service Bulletin DC9-28-217, Revision 1, dated August
12, 2010.
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
[[Page 18024]]
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),
(3) Will not affect intrastate aviation in Alaska, and
(4) 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
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 airworthiness
directive (AD):
2011-07-04 The Boeing Company: Amendment 39-16641; Docket No. FAA-
2010-0958; Directorate Identifier 2010-NM-188-AD.
Effective Date
(a) This AD is effective May 6, 2011.
Affected ADs
(b) None.
Applicability
(c) This AD applies to The Boeing Company 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-9-32F (C-9A), DC-9-32F (C9-B), DC-9-33F, DC-9-34, DC-9-34F, DC-9-
41, and DC-9-51 airplanes, certificated in any category; as
identified in Boeing Service Bulletin DC9-28-217, Revision 1, dated
August 12, 2010.
Subject
(d) Joint Aircraft System Component (JASC)/Air Transport
Association (ATA) of America Code 28: Fuel.
Unsafe Condition
(e) This AD was prompted by fuel system reviews conducted by the
manufacturer. We are issuing this AD to prevent the potential of
ignition sources inside fuel tanks, which in combination with
flammable fuel vapors, could result in fuel tank explosions and
consequent loss of the airplane.
Compliance
(f) Comply with this AD within the compliance times specified,
unless already done.
Installation
(g) Within 60 months after the effective date of this AD:
Install new in-line fuses for the fuel level float switch and new
in-line fuses for the pressure switch, as applicable; and change the
wiring; on the left and right wing forward spars, center wing
forward spar, forward auxiliary fuel tank, and aft auxiliary fuel
tank, as applicable; in accordance with the Accomplishment
Instructions of Boeing Service Bulletin DC9-28-217, Revision 1,
dated August 12, 2010.
Credit for Actions Accomplished in Accordance With Previous Service
Information
(h) Actions done before the effective date of this AD in
accordance with Boeing Service Bulletin DC9-28-217, dated December
1, 2009, are acceptable for compliance with the requirements of
paragraph (g) of this AD.
Alternative Methods of Compliance (AMOCs)
(i)(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. In accordance
with 14 CFR 39.19, send your request to your principal inspector or
local Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD.
(2) Before using any approved AMOC, notify your appropriate
principal inspector or lacking a principal inspector, the manager of
the local flight standards district office/certificate holding
district office.
Related Information
(j) For more information about this AD, contact Samuel Lee,
Aerospace Engineer, Propulsion Branch, ANM-140L, FAA, Los Angeles
ACO, 3960 Paramount Boulevard, Lakewood, California 90712-4137;
phone: 562-627-5262; fax: 562-627-5210; e-mail: [email protected].
Material Incorporated by Reference
(k) You must use Boeing Service Bulletin DC9-28-217, Revision 1,
dated August 12, 2010, 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
[email protected]; 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.
(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 an NARA facility, 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 March 14, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-6633 Filed 3-31-11; 8:45 am]
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