[Federal Register Volume 74, Number 35 (Tuesday, February 24, 2009)]
[Rules and Regulations]
[Pages 8150-8151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3125]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0736; Directorate Identifier 2008-NM-102-AD; 
Amendment 39-15804; AD 2009-03-03]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-9-14, DC-9-
15, and DC-9-15F Airplanes; and Model 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 certain 
McDonnell Douglas airplanes listed above. This AD requires installing a 
dam assembly for the container of the fuel boost pump of the center 
tank located in the right main tank, and doing the related 
investigative actions, and corrective actions if necessary. This AD 
results from fuel system reviews conducted by the manufacturer. We are 
issuing this AD to prevent the center tank fuel boost pump from 
operating in a fuel vapor zone and becoming a potential ignition source 
in the right main tank, potentially resulting in a fuel tank explosion 
and consequent loss of the airplane.

DATES: This AD is effective March 31, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 31, 
2009.

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.

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: William S. Bond, Aerospace Engineer, 
Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; 
telephone (562) 627-5253; 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 
certain McDonnell Douglas airplanes. That NPRM was published in the 
Federal Register on August 1, 2008 (73 FR 44937). That NPRM proposed to 
require installing a dam assembly for the container of the fuel boost 
pump of the center tank located in the right main tank, and doing the 
related investigative actions, and corrective actions if necessary.

Comments

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

Request for Service Bulletin Validation

    Northwest Airlines (NWA) has concerns that Boeing Service Bulletin 
DC9-28-216, dated March 18, 2008, has not been fully validated on an 
airplane. NWA states that the referenced service bulletin specifies 
that the identified change was completed on an airplane having fuselage 
number 807, before the initial release of the service bulletin. 
However, although accomplishment of the referenced service bulletin was 
started on that airplane (for a NWA airplane), it was determined that 
the fuel line hardware specified in the service bulletin is incorrect, 
and the actions could not be accomplished. NWA has contacted Boeing 
regarding the problem, and adds that, as written, the referenced 
service bulletin cannot be accomplished. NWA recommends that the 
service bulletin be validated prior to release of the AD.
    We acknowledge the commenter's concern but we do not agree that 
Boeing Service Bulletin DC9-28-216, dated March 18, 2008, cannot be 
accomplished. The manufacturer has informed us that the fuel line 
hardware specified in Boeing Service Bulletin DC9-28-216, dated March 
18, 2008, is correct. During validation of the service bulletin on the 
airplane having fuselage number 807, the identified problem was

[[Page 8151]]

corrected prior to the release of Boeing Service Bulletin DC9-28-216, 
dated March 18, 2008. Therefore, we have made no change to the AD in 
this regard.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting the 
AD as proposed.

Costs of Compliance

    We estimate that this AD affects 413 airplanes of U.S. registry. We 
also estimate that it will take 3 or 7 work-hours per product, 
depending on airplane configuration, to comply with this AD. The 
average labor rate is $80 per work-hour. Required parts will cost 
$1,142 or $1,697 per product, depending on configuration of the 
airplane. Based on these figures, we estimate the cost of this AD to 
the U.S. operators to be $570,766 or $932,141, or $1,382 or $2,257 per 
product, depending on configuration of the 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

    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:

2009-03-03 McDonnell Douglas: Amendment 39-15804. Docket No. FAA-
2008-0736; Directorate Identifier 2008-NM-102-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective March 31, 
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to McDonnell Douglas 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-
9-33F, DC-9-34, DC-9-34F, DC-9-32F (C-9A, C-9B), DC-9-41, and DC-9-
51 airplanes, certificated in any category; as identified in Boeing 
Service Bulletin DC9-28-216, dated March 18, 2008.

Unsafe Condition

    (d) This AD results from fuel system reviews conducted by the 
manufacturer. We are issuing this AD to prevent the center tank fuel 
boost pump from operating in a fuel vapor zone and becoming a 
potential ignition source in the right main tank, potentially 
resulting 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.

Install Dam Assembly

    (f) Within 60 months after the effective date of this AD, 
install a dam assembly for the container of the fuel boost pump of 
the center tank located in the right main tank, and do the related 
investigative and applicable corrective actions, by accomplishing 
all the actions specified in the Accomplishment Instructions of 
Boeing Service Bulletin DC9-28-216, dated March 18, 2008. Do the 
applicable corrective actions before further flight.

Alternative Methods of Compliance (AMOCs)

    (g)(1) The Manager, FAA, Los Angeles Aircraft Certification 
Office, ATTN: William S. Bond, Aerospace Engineer, Propulsion 
Branch, ANM-140L, FAA, Los Angeles Aircraft Certification Office, 
3960 Paramount Boulevard, Lakewood, California 90712-4137; telephone 
(562) 627-5253; 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

    (h) You must use Boeing Service Bulletin DC9-28-216, dated March 
18, 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 D800-0019, Long Beach, California 90846-
0001; telephone 206-544-5000, extension 2; fax 206-766-5683; e-mail 
[email protected]; Internet http://www.myboeingfleet.com.
    (3) You may review copies of the service information that is 
incorporated by reference 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.
    (4) You may also review copies of the service information 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 January 21, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E9-3125 Filed 2-23-09; 8:45 am]
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