[Federal Register Volume 73, Number 104 (Thursday, May 29, 2008)]
[Rules and Regulations]
[Pages 30746-30749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11502]



[[Page 30746]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0032; Directorate Identifier 2007-NM-314-AD; 
Amendment 39-15538; AD 2008-11-15]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model 717-200 
Airplanes; Model DC-9-10 Series Airplanes; Model DC-9-20 Series 
Airplanes; Model DC-9-30 Series Airplanes; Model DC-9-40 Series 
Airplanes; Model DC-9-50 Series Airplanes; Model DC-9-81 (MD-81), DC-9-
82 (MD-82), DC-9-83 (MD-83), and DC-9-87 (MD-87) Airplanes; Model MD-88 
Airplanes; and Model MD-90-30 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all 
McDonnell Douglas airplanes identified above. This AD requires revising 
the FAA-approved maintenance program, or the Airworthiness Limitations 
(AWLs) section of the Instructions for Continued Airworthiness, as 
applicable, to incorporate new AWLs for fuel tank systems to satisfy 
Special Federal Aviation Regulation No. 88 requirements. This AD 
results from a design review of the fuel tank systems. We are issuing 
this AD to prevent the potential for ignition sources inside fuel tanks 
caused by latent failures, alterations, repairs, or maintenance 
actions, which, in combination with flammable fuel vapors, could result 
in a fuel tank explosion and consequent loss of the airplane.

DATES: This AD is effective July 3, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 3, 
2008.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood 
Boulevard, Long Beach, California 90846, Attention: Data and Service 
Management, Dept. C1-L5A (D800-0024).

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: 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:

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 
McDonnell Douglas Model 717-200 airplanes; Model DC-9-10 series 
airplanes; Model DC-9-20 series airplanes; Model DC-9-30 series 
airplanes; Model DC-9-40 series airplanes; Model DC-9-50 series 
airplanes; Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), and 
DC-9-87 (MD-87) airplanes; Model MD-88 airplanes; and Model MD-90-30 
airplanes. That NPRM was published in the Federal Register on January 
18, 2008 (73 FR 3422). That NPRM proposed to require revising the FAA-
approved maintenance program, or the Airworthiness Limitations (AWLs) 
section of the Instructions for Continued Airworthiness (ICA), as 
applicable, to incorporate new AWLs for fuel tank systems to satisfy 
Special Federal Aviation Regulation No. 88 requirements.

Changes Made to This AD

    For standardization purposes, we have revised this AD in the 
following ways:
     We have added a new paragraph (i) to this AD to specify 
that no alternative inspections, inspection intervals, or critical 
design configuration control limitations (CDCCLs) may be used unless 
they are part of a later approved revision of the Boeing Twinjet 
Special Compliance Items Report, MDC-92K9145, Revision G, dated June 7, 
2007 (hereafter referred to as ``Report MDC-92K9145''), or unless they 
are approved as an alternative method of compliance (AMOC). Inclusion 
of this paragraph in the AD is intended to ensure that the AD-mandated 
airworthiness limitations changes are treated the same as the 
airworthiness limitations issued with the original type certificate.
     We have revised Note 1 of this AD to clarify that an 
operator must request approval for an AMOC if the operator cannot 
accomplish the required inspections because an airplane has been 
previously modified, altered, or repaired in the areas addressed by the 
required inspections.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received from the five commenters.

Request To Revise Note 1

    Boeing requests that we revise Note 1 of the NPRM to clarify the 
intent of the note. Boeing states that Note 1 of the NPRM might be 
misinterpreted to mean that the AWLs of Report MDC-92K9145 must be 
revised to reflect modifications, alterations, or repairs that are 
initiated by an operator and outside of Boeing's design cognizance and 
responsibility. Boeing requests that we revise Note 1 as follows:
     Replace the words ``revision to'' with ``a deviation 
from'' in the last sentence.
     Delete the words ``(g), (h), or'' and ``as applicable'' 
from the last sentence.
    As stated previously, we have clarified the language in Note 1 of 
this AD for standardization with other similar ADs. The language the 
commenter requests that we change does not appear in the revised note. 
Therefore, no additional change to this AD is necessary in this regard.

Request To Clarify Approval of Component Maintenance Manual (CMM) 
Changes

    Boeing requests that we revise the heading and certain wording for 
the ``Changes to Component Maintenance Manuals (CMMs) Cited in Fuel 
Tank System AWLs'' section of the NPRM. Boeing believes that section 
was intended to address situations where an operator chooses to deviate 
from the procedures in the CMM referenced in Report MDC-92K9145. Boeing 
states that its proposed changes are intended to clarify that only 
deviations proposed by an operator require approval of the Manager, Los 
Angeles Aircraft Certification Office (ACO), FAA. Boeing further states 
that wording in the NPRM could be interpreted to mean that approval of 
a CMM in its entirety, including any future CMM revisions by Boeing, 
would require direct approval of the Manager, Los Angeles ACO, or 
governing regulatory authority.

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Specifically, Boeing requests that we revise that section as follows:
     Revise the heading to ``Deviations from Component 
Maintenance Manuals (CMMs) Cited in Fuel Tank System AWLs.''
     Revise the third sentence to state that the Manager, Los 
Angeles ACO, must approve ``any deviations from'' the CMMs ``as defined 
in Report MDC-92K9145.''
     Replace the words ``revision of'' with ``deviation from'' 
in the fourth sentence.
     Revise the fourth sentence to state that those CMMs ``as 
defined in Report MDC-92K9145'' will be handled like a change to the 
AWL itself.
     Delete the entire last sentence.
    We agree that clarification is necessary. Our intent is that any 
deviation from the CMMs as defined in Report MDC-92K9145 must be 
approved by the Manager, Los Angeles ACO, or the governing regulatory 
authority, before those deviations can be used. However, we have not 
changed the AD as suggested by the commenter, since the ``Changes to 
Component Maintenance Manuals (CMMs) Cited in Fuel Tank System AWLs'' 
section of the NPRM is not retained in this AD.

Request To Identify Additional Service Information

    The Air Transport Association (ATA), on behalf of its member Delta 
Airlines (DAL), requests that we revise the NPRM to identify the 
affected airplane maintenance manual (AMM), structural repair manual 
(SRM), and standard wiring practices manual (SWPM) sections for each 
CDCCL and AWL inspection. DAL states that Appendixes B, C, and D of 
Report MDC-92K9145 do not fully identify all manuals that require 
revision to incorporate the requirements of the given appendix, but 
that the information is available in a cross-reference document that 
Boeing has made available on the Internet at https://www.myboeingfleet.com/.
    DAL notes that the ``Ensuring Compliance With Fuel Tank System 
AWLs'' section of the NPRM indicates that Boeing has revised the 
applicable manuals to address AWLs and to include notes about CDCCLs. 
However, DAL has reviewed the applicable manuals and notes that certain 
information specified in Report MDC-92K9145 is not present. For 
example, although MD-90 CDCCL 28-3 specifies to use only connector part 
number 14158-2 when rebuilding or repairing a pump conduit assembly in 
accordance with chapter 28-20-7 of the Boeing overhaul manual, this 
requirement is not included in the SWPM or CMM 28-20-07, or identified 
as a CDCCL in the CMM.
    We disagree with revising this AD as requested by the commenter. 
Boeing formatted Report MDC-92K9145 to provide specific information, 
where appropriate, concerning the limitations and necessary actions to 
maintain CDCCLs and AWL inspections. This revised service information 
is readily available to affected operators; therefore, there is no need 
to be more specific in this AD. No change to this final rule is 
necessary in this regard.

Request To Allow Continued Use of Existing Inventory Parts

    The ATA, on behalf of its member American Airlines, submitted a 
comment objecting to the language in Report MDC-92K9145 that controls 
maintenance to the standards specified in the referenced CMMs without 
deviation according to a FAA-approved service bulletin. American 
Airlines states that this proposed requirement will mandate the removal 
of long-standing, proven parts substitutions and repair techniques 
developed by the operator in accordance with processes and procedures 
approved by the FAA. American Airlines also states that proposed 
requirement might also make obsolete certain test instruments and 
procedures developed by operators. American Airlines asserts that, 
without federally-regulated parts supply chains with price controls, 
the proposed process makes it impossible for operators to ensure that 
they have multiple sources for parts that can be obtained at reasonable 
prices. American Airlines states that, in order to ensure that CMM-
approved parts cannot be interchanged with other approved substitute 
parts, operators will be forced into expensive redesigns of their 
inventory systems, or special procedures to permanently segregate parts 
for those specified CMMs. American Airlines states that the cost of 
incorporating the proposed requirements of the NPRM will far exceed the 
estimated cost specified in the NPRM.
    We infer the commenters request that we allow operators to continue 
to use alternative parts inventory and test equipment for repair and 
overhaul of their fuel system components and interchange these parts, 
which might be different than the parts identified in the approved CMM. 
We disagree with this request. While the commenters are correct about 
the restrictions included in the referenced service information, 
operators may always take advantage of alternatives by requesting that 
those alternatives be evaluated and approved in accordance with the 
provisions of paragraph (k) of this AD. No change to this AD is 
necessary in this regard.

Request To Allow Minor Fuel Pump Repairs Without FAA-Approval

    The ATA, on behalf of its member Northwest Airlines (NWA), requests 
we revise the NPRM to specify that fuel pump repairs that are minor do 
not require FAA approval, and that existing FAA-approved repairs and 
parts manufacturer approval (PMA) parts do not require re-approval by 
the FAA. NWA states that CDCCL 28-2 severely limits or eliminates NWA's 
ability to use Part 121 authority to customize the particular CMM with 
NWA-developed repairs that use alternate PMA materials and vendors.
    We disagree with revising this AD as suggested by the commenters. 
The intent of this AD and Special Federal Aviation Regulation No. 88 
(``SFAR 88,'' Amendment 21-78, and subsequent Amendments 21-82 and 21-
83) is to define CDCCLs, and the repair and overhaul of fuel system 
components in accordance with the limitations specified in Report MDC-
92K9145. The impetus to declare overhaul and repair of certain fuel 
tank system components as CDCCLs arose from in-service pump failures 
that resulted from repairs not done according to the original equipment 
manufacturer (OEM) procedures. Therefore, all changes, whether minor or 
major, must be approved by the Manager, Los Angeles ACO. NWA did not 
identify any PMAs that would require re-approval. Any existing or 
future PMAs, or deviations from the approved CMMs, can be requested by 
the AMOC process.

Request To Revise Estimated Costs

    The ATA, on behalf of its members DAL and NWA, disagrees with the 
``Costs of Compliance'' section of the NPRM. DAL estimates that it will 
take at least 40 hours to document and implement the changes to the 
ICA, rather than 1 hour as proposed in the NPRM. DAL also notes that 
the ``Costs of Compliance'' section of the NPRM does not include the 
labor time required for accomplishing the required repetitive 
inspections. NWA states it overhauled and repaired 75 fuel pumps in 
2007, and that it estimates that compliance with CDCCL 28-2 will add 
about $1,000 to the cost of each overhauled/repaired fuel pump.
    We infer that the commenters request that we revise the ``Costs of 
Compliance'' section of this AD. We agree that, for certain operators, 
there might be a one-time cost associated with changing over from 
existing repair/

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overhaul procedures to the CMM procedures approved under SFAR 88. 
However, we disagree with including the costs in this AD for complying 
with the CDCCLs. The economic analysis of an AD is limited only to the 
cost of actions actually required by the rule. It does not consider the 
costs of ``on-condition'' actions (that is, actions needed to correct 
an unsafe condition) because, regardless of AD direction, those actions 
would be required to correct an unsafe condition identified in an 
airplane and ensure operation of that airplane in an airworthy 
condition, as required by the Federal Aviation Regulations. No change 
is necessary in this regard.
    We also disagree with increasing the estimated work-hours for 
incorporating new AWLs for fuel tank systems into the FAA-approved 
maintenance program, or AWLs section of the ICA, as applicable. While 
some individual operators may take longer to accomplish the 
requirements, others may not. Our cost estimate is based on an average 
of expected costs for all operators. We also disagree with including 
the cost of accomplishing the repetitive AWL inspections, since they 
are not directly required by this AD. This AD only requires the change 
to the maintenance program, or AWLs of the ICA, as applicable. The 
operating rules require the repetitive inspections once the maintenance 
program/ICA is changed. No change to this AD is necessary in this 
regard.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously. We also determined that 
these changes 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 780 airplanes of U.S. registry. We 
also estimate that it takes about 1 work-hour per product to comply 
with this AD. The average labor rate is $80 per work-hour. Based on 
these figures, we estimate the cost of this AD to the U.S. operators to 
be $62,400, or $80 per product.

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:

2008-11-15 McDonnell Douglas: Amendment 39-15538. Docket No. FAA-
2008-0032; Directorate Identifier 2007-NM-314-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective July 3, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all McDonnell Douglas Model 717-200 
airplanes; Model DC-9-11, DC-9-12, DC-9-13, DC-9-14, DC-9-15, and 
DC-9-15F airplanes; Model DC-9-21 airplanes; Model DC-9-31, DC-9-32, 
DC-9-32 (VC-9C), DC-9-32F, DC-9-33F, DC-9-34, DC-9-34F, and DC-9-32F 
(C-9A, C-9B) airplanes; Model DC-9-41 airplanes; Model DC-9-51 
airplanes; Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), 
and DC-9-87 (MD-87) airplanes; Model MD-88 airplanes; and Model MD-
90-30 airplanes; certificated in any category.

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these limitations is required by 14 CFR 91.403(c). For airplanes 
that have been previously modified, altered, or repaired in the 
areas addressed by these inspections, the operator may not be able 
to accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance (AMOC) 
according to paragraph (k) of this AD. The request should include a 
description of changes to the required inspections that will ensure 
the continued operational safety of the airplane.

Unsafe Condition

    (d) This AD results from a design review of the fuel tank 
systems. We are issuing this AD to prevent the potential for 
ignition sources inside fuel tanks caused by latent failures, 
alterations, repairs, or maintenance actions, which, in combination 
with flammable fuel vapors, could result 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.

Service Information Reference

    (f) The term ``Report MDC-92K9145,'' as used in this AD, means 
the Boeing Twinjet Special Compliance Items Report, MDC-92K9145, 
Revision G, dated June 7, 2007.

Revise the FAA-Approved Maintenance Program

    (g) For Model DC-9-11, DC-9-12, DC-9-13, DC-9-14, DC-9-15, and 
DC-9-15F airplanes; Model DC-9-21 airplanes; Model DC-9-31, DC-9-32, 
DC-9-32 (VC-9C), DC-9-32F, DC-9-33F, DC-9-34, DC-9-34F, and DC-9-32F 
(C-9A, C-9B) airplanes; Model DC-9-41 airplanes; Model DC-9-51 
airplanes; and Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-
83), and DC-9-87 (MD-87) airplanes: Before December 16, 2008, revise 
the FAA-approved maintenance program to incorporate the information 
specified in Appendixes B, C, and D of

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Report MDC-92K9145. Accomplishing the revision in accordance with a 
later revision of Report MDC-92K9145 is an acceptable method of 
compliance if the revision is approved by the Manager, Los Angeles 
Aircraft Certification Office (ACO), FAA.

Revise the Airworthiness Limitations (AWLs) Section

    (h) For Model 717-200, Model MD-88, and Model MD-90-30 
airplanes: Before December 16, 2008, revise the AWLs section of the 
Instructions for Continued Airworthiness (ICA) to incorporate the 
information specified in Appendixes B, C, and D of Report MDC-
92K9145. Accomplishing the revision in accordance with a later 
revision of Report MDC-92K9145 is an acceptable method of compliance 
if the revision is approved by the Manager, Los Angeles ACO.

No Alternative Inspections, Inspection Intervals, or Critical Design 
Configuration Control Limitations (CDCCLs)

    (i) After accomplishing the actions specified in paragraph (g) 
or (h) of this AD, as applicable, no alternative inspections, 
inspection intervals, or CDCCLs may be used unless the inspections, 
intervals, or CDCCLs are part of a later revision of Report MDC-
92K9145 that is approved by the Manager, Los Angeles ACO; or unless 
the inspections, intervals, or CDCCLs are approved as an AMOC in 
accordance with the procedures specified in paragraph (k) of this 
AD.

No Reporting Requirement

    (j) Although Report MDC-92K9145 specifies to submit certain 
information to the manufacturer, this AD does not require that 
action.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, Los Angeles ACO, FAA, ATTN: Serj Harutunian, 
Aerospace Engineer, Propulsion Branch, ANM-140L, 3960 Paramount 
Boulevard, Lakewood, California 90712-4137; telephone (562) 627-
5254; 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

    (l) You must use the Boeing Twinjet Special Compliance Items 
Report, MDC-92K9145, Revision G, dated June 7, 2007, to do the 
actions required by this AD, unless the AD specifies otherwise.
    (1) The document contains the following errors:
    (i) The Index of Page Changes specifies incorrect revision 
levels for certain pages. The revision levels specified on each page 
are correct.
    (ii) There are three sets of pages (six pages total) with the 
same page numbers in Appendix C (i.e., pages C1 and C2). The first 
set of page numbers (i.e., Appendix C title page and Twinjet 
Airworthiness Limitation Instructions (ALIs)) is correct. The second 
set of page numbers (i.e., ALI 20-2) is incorrect. Those pages 
should be identified as page numbers C6 and C7 as specified in the 
Index of Page Changes. The third set of page numbers (i.e., ALI 20-
3) is also incorrect. Those pages should be identified as page 
numbers C8 and C9 as specified in the Index of Page Changes.
    (iii) None of the pages are dated. The issue date for each 
revision is specified in the Index of Page Changes.
    (2) 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.
    (3) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood 
Boulevard, Long Beach, California 90846, Attention: Data and Service 
Management, Dept. C1-L5A (D800-0024).
    (4) You may review copies of the service information 
incorporated by reference at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or 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 May 15, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-11502 Filed 5-28-08; 8:45 am]
BILLING CODE 4910-13-P