[Federal Register Volume 74, Number 60 (Tuesday, March 31, 2009)]
[Rules and Regulations]
[Pages 14460-14461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6752]
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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;
Amendment 39-15863; AD 2009-07-04]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model MD-90-30
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
certain McDonnell Douglas Model MD-90-30 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.
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.
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: 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:
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 MD-90-30 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 work-hours per airplane, depending on
the configuration, at an average labor rate of $80 per work-hour.
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
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:
[[Page 14461]]
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):
2009-07-04 McDonnell Douglas: Amendment 39-15863. Docket No. FAA-
2007-0074; Directorate Identifier 2007-NM-151-AD.
Effective Date
(a) This AD becomes effective May 5, 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.
Material Incorporated by Reference
(h) You must use Boeing Alert Service Bulletin MD90-29A021,
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 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.
(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 425-227-1221 or 425-227-1152.
(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 202-741-6030, 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. E9-6752 Filed 3-30-09; 8:45 am]
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