Federal Register: March 31, 2009 (Volume 74, Number 60)
DOCID: fr31mr09-3 FR Doc E9-6752
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
CFR Citation: 14 CFR Part 39
Docket ID: [Docket No. FAA-2007-0074; Directorate Identifier 2007-NM-151-AD; Amendment 39-15863; AD 2009-07-04]
RIN ID: RIN 2120-AA64
NOTICE: RULES
DOCID: fr31mr09-3
ACTION: Airworthiness Directives:
DOCUMENT ACTION: Final rule.
SUBJECT CATEGORY:
Airworthiness Directives; McDonnell Douglas Model MD-90-30 Airplanes
DATES: This AD becomes effective May 5, 2009.
The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of May 5, 2009.
DOCUMENT SUMMARY:
The FAA is adopting a new airworthiness directive (AD) for certain McDonnell Douglas Model MD9030 airplanes. This AD requires modifying the auxiliary hydraulic power system (including doing all applicable related investigative and corrective actions). This AD results 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. We are issuing this 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.
SUMMARY:
McDonnell Douglas Model MD–90–30 Airplanes,
SUPPLEMENTAL INFORMATION
Discussion
The FAA issued a supplemental notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to certain McDonnell Douglas Model MD9030 airplanes. That supplemental NPRM was published in the Federal Register on December 19, 2008 (73 FR 77555). That supplemental NPRM proposed to require modifying the auxiliary hydraulic system (including doing all applicable related investigative and corrective actions).
Comments
We provided the public the opportunity to participate in the development of this AD. No comments have been received on the supplemental NPRM or on the determination of the cost to the public. Conclusion
We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed in the supplemental NPRM.
Costs of Compliance
There are about 110 airplanes of the affected design in the worldwide fleet. This AD affects about 16 airplanes of U.S. registry. The actions take between 3 and 7 workhours per airplane, depending on the configuration, at an average labor rate of $80 per workhour. Required parts cost up to $5,343 per airplane. Based on these figures, the estimated cost of the AD for U.S. operators is up to $94,448, or $5,903 per 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
We have determined that 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.
We prepared a regulatory evaluation of the estimated costs to comply with this 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.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows: [[Page 14461]]
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by adding the following new airworthiness directive (AD):
20090704 McDonnell Douglas: Amendment 3915863. Docket No. FAA 20070074; Directorate Identifier 2007NM151AD.
Effective Date
(a) This AD becomes effective May 5, 2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to McDonnell Douglas Model MD9030
airplanes, certificated in any category; as identified in Boeing
Alert Service Bulletin MD9029A021, Revision 1, dated August 29, 2008.
Unsafe Condition
(d) This AD results 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. We are issuing this AD to prevent shorted wires or
electrical arcing at the auxiliary hydraulic pump, which could
result in a fire in the wheel well. We are also issuing 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
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the actions have already been done.
Modification
(f) 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 by accomplishing all applicable
actions specified in the Accomplishment Instructions of Boeing Alert
Service Bulletin MD9029A021, Revision 1, dated August 29, 2008. Do
all applicable related investigative and corrective actions before further flight.
Alternative Methods of Compliance (AMOCs)
(g)(1) The Manager, Los Angeles Aircraft Certification Office,
FAA, ATTN: Ken Sujishi, Aerospace Engineer, Cabin Safety/Mechanical
and Environmental Systems Branch, ANM150L, FAA, Los Angeles
Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood,
California 907124137; telephone (562) 6275353; fax (562) 6275210;
has the authority to approve AMOCs for this AD, if requested in accordance with 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 Alert Service Bulletin MD9029A021,
Revision 1, dated August 29, 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 D8000019, Long Beach, California 90846
0001; telephone 2065445000, extension 2; fax 2067665683; email
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 4252271221 or 4252271152.
(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 2027416030, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/ ibr_locations.html.
Issued in Renton, Washington, on March 18, 2009. Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. E96752 Filed 33009; 8:45 am]
BILLING CODE 491013P
FOR FURTHER INFORMATION CONTACT
Ken Sujishi, Aerospace Engineer, Cabin Safety/Mechanical and Environmental Systems Branch, ANM150L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 907124137; telephone (562) 6275353; fax (562) 6275210.