[Federal Register Volume 71, Number 168 (Wednesday, August 30, 2006)]
[Rules and Regulations]
[Pages 51467-51469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14289]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-24368; Directorate Identifier 2005-NM-230-AD; 
Amendment 39-14740; AD 2006-18-02]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-10, -20, -
30, -40, and -50 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
McDonnell Douglas Model DC-9-10, -20, -30, -40, and -50 series 
airplanes. This AD requires replacing the clamp bases for the fuel vent 
pipe with improved clamp bases. This AD results from reports that the 
foil wrapping on existing plastic clamp bases has migrated out of 
position, which compromises the bonding of the fuel vent lines to the 
airplane structure. We are issuing this AD to ensure that the fuel vent 
lines are properly bonded to the airplane structure. Improper bonding 
could prevent electrical energy from a lightning strike from 
dissipating to the airplane structure, and create an ignition source, 
which could result in a fuel tank explosion.

DATES: This AD becomes effective October 4, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of October 4, 
2006.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC.
    Contact Boeing Commercial Airplanes, Long Beach Division, 3855 
Lakewood Boulevard, Long Beach, California 90846, Attention: Data and 
Service Management, Dept. C1-L5A (D800-0024), for service information 
identified in this AD.

FOR FURTHER INFORMATION CONTACT: Serj Harutunian, Aerospace Engineer, 
Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; 
telephone (562) 627-5254; fax (562) 627-5210.

SUPPLEMENTARY INFORMATION:

Examining the Docket

    You may examine the airworthiness directive (AD) docket on the 
Internet at http://dms.dot.gov or in person at the Docket Management 
Facility office between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Management Facility office 
(telephone (800) 647-5227) is located on the plaza level of the Nassif 
Building at the street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to all McDonnell Douglas 
Model DC-9-10, -20, -30, -40, and -50 series airplanes. That NPRM was 
published in the Federal Register on April 11, 2006 (71 FR 18249). That 
NPRM proposed to require replacing the clamp bases for the fuel vent 
pipe with improved clamp bases.

New Relevant Service Information

    Since we issued the NPRM, Boeing has issued Service Bulletin DC9-
28-211, Revision 1, dated June 21, 2006. (The NPRM referred to the 
original issue of that service bulletin, dated February 23, 2005, as 
the appropriate source of service information for the replacement of 
the clamp bases.) The instructions in Revision 1 are essentially the 
same as those in the original issue of the service bulletin. Among 
other things, Revision 1 of the service bulletin reduces the 
recommended compliance time from 10 years to 5 years, and revises the 
cost of parts. The NPRM specified a

[[Page 51468]]

compliance time of 60 months, so no change to the compliance time in 
this AD is needed. We have, however, revised the Costs of Compliance 
section of this AD to reflect the increased parts cost. We have also 
added a new paragraph (g) to give credit for actions accomplished 
before the effective date of this AD in accordance with the original 
issue of the service bulletin, and re-identified subsequent paragraphs 
accordingly.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

Request To Extend Compliance Time

    The Air Transport Association, on behalf of its member Northwest 
Airlines (NWA), agrees with the intent of the NPRM. However, NWA notes 
that the proposed 60-month compliance time is significantly less than 
the 10-year compliance time recommended in the original issue of Boeing 
Service Bulletin DC9-28-211. NWA states that its current maintenance 
program necessitates gaining access to the outboard fuel tanks every 9 
years. NWA notes that the 60-month compliance time would necessitate 
additional work hours and more out-of-service time.
    We infer that NWA is requesting that we extend the compliance time 
to agree with the original issue of the Boeing service bulletin. We do 
not agree that any change is necessary. In developing an appropriate 
compliance time for this AD, we considered not only the manufacturer's 
recommendation, but also the degree of urgency associated with the 
subject unsafe condition and the average utilization of the affected 
fleet. In light of all of these factors, we have determined that a 60-
month compliance time represents an appropriate interval of time for 
affected airplanes to continue to operate without compromising safety. 
Further, we note that the 60-month compliance time is consistent with 
the recommended 5-year compliance time specified in Revision 1 of 
Boeing Service Bulletin DC9-28-211. We have not changed the AD in this 
regard.

Request To Revise Costs of Compliance

    Boeing comments that the service bulletin estimates that it will 
take 8 work hours to do the actions therein, but the NPRM estimates 4 
work hours are needed to do the proposed actions.
    We infer that Boeing is requesting that we revise the Costs of 
Compliance section to reflect the 8-work-hour estimate in the service 
bulletin. We do not agree. The cost information below describes only 
the direct costs of the specific actions required by this AD. The 
estimate of 4 work hours represents the time necessary to perform only 
the actions actually required by this AD. The cost analysis in AD 
rulemaking actions typically does not include incidental costs such as 
the time required to gain access and close up, time necessary for 
planning, or time necessitated by other administrative actions. We 
recognize that, in doing the actions required by an AD, operators may 
incur incidental costs in addition to the direct costs. Those 
incidental costs, which may vary significantly among operators, are 
almost impossible to calculate. We have not changed the AD in this 
regard.

Conclusion

    We have carefully reviewed the available data, including the 
comments received, and determined that air safety and the public 
interest require adopting the AD with the changes described previously. 
We have determined that these changes will neither increase the 
economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    There are about 640 airplanes of the affected design in the 
worldwide fleet. This AD affects about 413 airplanes of U.S. registry. 
The required actions will take up to 4 work hours per airplane, at an 
average labor rate of $80 per work hour. Required parts will cost 
between $1,034 and $2,068 per airplane. Based on these figures, the 
estimated cost of this AD for U.S. operators is between $559,202 and 
$986,244, or $1,354 and $2,388 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

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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2006-18-02 McDonnell Douglas: Amendment 39-14740. Docket No. FAA-
2006-24368; Directorate Identifier 2005-NM-230-AD.

Effective Date

    (a) This AD becomes effective October 4, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all McDonnell Douglas Model DC-9-11, DC-
9-12, DC-9-13, DC-9-14, DC-9-15, DC-9-15F, DC-9-21, DC-9-31, DC-9-
32, DC-9-32 (VC-9C), DC-

[[Page 51469]]

9-32F, DC-9-32F (C-9A, C-9B), DC-9-33F, DC-9-34, DC-9-34F, DC-9-41, 
and DC-9-51 airplanes, certificated in any category.

Unsafe Condition

    (d) This AD results from reports that the foil wrapping on 
existing plastic clamp bases has migrated out of position, which 
compromises the bonding of the fuel vent lines to the airplane 
structure. We are issuing this AD to ensure that the fuel vent lines 
are properly bonded to the airplane structure. Improper bonding 
could prevent electrical energy from a lightning strike from 
dissipating to the airplane structure, and create an ignition 
source, which could result in a fuel tank explosion.

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.

Clamp Base Replacement

    (f) Within 60 months after the effective date of this AD, 
replace the existing clamp bases for the fuel vent line with 
improved metal clamp bases, by doing all of the applicable actions 
in accordance with the Accomplishment Instructions of Boeing Service 
Bulletin DC9-28-211, Revision 1, dated June 21, 2006. Any corrective 
action that is required following the conductivity verification, 
which is included in the replacement procedures, must be done before 
further flight.

Replacement Accomplished in Accordance With Previous Issue of Service 
Bulletin

    (g) Replacement of clamp bases accomplished before the effective 
date of this AD in accordance with Boeing Service Bulletin DC9-28-
211, dated February 23, 2005, is acceptable for compliance with the 
corresponding action required by paragraph (f) of this AD.

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 in accordance with the procedures found in 14 CFR 39.19.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Material Incorporated by Reference

    (i) You must use Boeing Service Bulletin DC9-28-211, Revision 1, 
dated June 21, 2006, to perform the actions that are required by 
this AD, unless the AD specifies otherwise. The Director of the 
Federal Register approved the incorporation by reference of this 
document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Contact Boeing Commercial Airplanes, Long Beach Division, 3855 
Lakewood Boulevard, Long Beach, California 90846, Attention: Data 
and Service Management, Dept. C1-L5A (D800-0024), for a copy of this 
service information. You may review copies at the Docket Management 
Facility, U.S. Department of Transportation, 400 Seventh Street SW., 
Room PL-401, Nassif Building, Washington, DC; on the Internet at 
http://dms.dot.gov; or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at the 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 August 18, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-14289 Filed 8-29-06; 8:45 am]
BILLING CODE 4910-13-P