[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Proposed Rules]
[Pages 77555-77557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30258]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0074; Directorate Identifier 2007-NM-151-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model MD-90-30 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: We are revising an earlier proposed airworthiness directive 
(AD) for certain McDonnell Douglas Model MD-90-30 airplanes. The 
original NPRM would have required replacement of the wire harness of 
the auxiliary hydraulic pump with a new wire harness, and routing the 
new wire harness outside of the tire burst area. The original NPRM 
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. This 
action revises the original NPRM by proposing to require modifying the 
auxiliary hydraulic power system (including doing all applicable 
related investigative and corrective actions). We are proposing this 
supplemental NPRM 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 proposing this supplemental NPRM 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 supplemental NPRM by January 
13, 2009.

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 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); telephone 206-544-9990; fax 206-766-5682; 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 or 425-227-1152.

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-2007-0074; 
Directorate Identifier 2007-NM-151-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.

[[Page 77556]]

Discussion

    We issued a notice of proposed rulemaking (NPRM) (the ``original 
NPRM'') to amend 14 CFR part 39 to include an airworthiness directive 
(AD) that would apply to certain McDonnell Douglas Model MD-90-30 
airplanes. That original NPRM was published in the Federal Register on 
October 23, 2007 (72 FR 59969). That original NPRM proposed to require 
replacement of the wire harness of the auxiliary hydraulic pump with a 
new wire harness, and routing the new wire harness outside of the tire 
burst area.

Actions Since Original NPRM Was Issued

    Since we issued the original NPRM, we have reviewed Boeing Alert 
Service Bulletin MD90-29A021, Revision 1, dated August 29, 2008. We 
referred to Boeing Alert Service Bulletin MD90-29A021, dated May 15, 
2007, as the appropriate source of service information for doing the 
replacement and routing of auxiliary hydraulic pump wire harnesses 
specified in the original NPRM. Revision 1 of the alert service 
bulletin describes different procedures for modifying the auxiliary 
hydraulic power system (including doing all applicable related 
investigative and corrective actions). Revision 1 of the alert service 
bulletin describes procedures for doing the following actions, 
depending on the group and configuration identified in the alert 
service bulletin:
     Installing auxiliary hydraulic pump wire harness support 
brackets.
     Replacing and routing auxiliary hydraulic pump wire 
harnesses.
     Installing clamps.
     Installing a wire harness assembly support bracket in the 
right wheel well if necessary.
     Doing related investigative and corrective actions. 
Related investigative and corrective actions include doing a general 
visual inspection of the wire harness protective sleeving dimensions, 
and changing wire harness sleeving if necessary.
    We have revised paragraphs (c) and (f) of this supplemental NPRM to 
refer to Boeing Alert Service Bulletin MD90-29A021, Revision 1, dated 
August 29, 2008.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received.

Request To Revise Compliance Time

    Japan Airlines requests that we revise the compliance time 
specified in the original NPRM of ``within 18 months'' to a compliance 
time that is ``18 months or more.'' Japan Airlines states that parts 
would not be available until June 8, 2008, and that a longer compliance 
would support its maintenance schedule.
    We do not agree to revise the compliance time. Boeing confirmed 
that necessary parts will be available within the proposed compliance 
time. In developing an appropriate compliance time for this action, we 
considered the urgency associated with the subject unsafe condition, 
the availability of required parts, and the practical aspect of 
accomplishing the required actions within a period of time that 
corresponds to the normal scheduled maintenance for most affected 
operators. Operators may request an alternative method of compliance in 
accordance with the procedures specified in paragraph (g) of the 
supplemental NPRM. We have not changed the supplemental NPRM in this 
regard.

Revision to Costs of Compliance

    We have revised the ``Costs of Compliance'' paragraph of this 
supplemental NPRM to reflect the revised work hours and parts cost 
specified in Boeing Alert Service Bulletin MD90-29A021, Revision 1, 
dated August 29, 2008.

FAA's Determination and Proposed Requirements of the Supplemental NPRM

    We are proposing this supplemental NPRM because we evaluated all 
pertinent information and determined an unsafe condition exists and is 
likely to exist or develop on other products of the same type design. 
Certain changes described above expand the scope of the original NPRM. 
As a result, we have determined that it is necessary to reopen the 
comment period to provide additional opportunity for the public to 
comment on this supplemental NPRM.

Costs of Compliance

    There are about 110 airplanes of the affected design in the 
worldwide fleet. This proposed AD would affect about 16 airplanes of 
U.S. registry. The proposed actions would take between 3 and 7 work 
hours per airplane, depending on the configuration, at an average labor 
rate of $80 per work hour. Required parts would cost up to $5,343 per 
airplane. Based on these figures, the estimated cost of the proposed 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 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 this 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.
    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.

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 adding the following new AD:


[[Page 77557]]


McDonnell Douglas: Docket No. FAA-2007-0074; Directorate Identifier 
2007-NM-151-AD.

Comments Due Date

    (a) We must receive comments by January 13, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to McDonnell Douglas Model MD-90-30 
airplanes, certificated in any category; as identified in Boeing 
Alert Service Bulletin MD90-29A021, 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 MD90-29A021, 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, ANM-150L, FAA, Los Angeles 
Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, 
California 90712-4137; telephone (562) 627-5353; fax (562) 627-5210; 
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.

    Issued in Renton, Washington, on December 12, 2008.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-30258 Filed 12-18-08; 8:45 am]
BILLING CODE 4910-13-P