[Federal Register Volume 80, Number 58 (Thursday, March 26, 2015)]
[Proposed Rules]
[Pages 15947-15951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06745]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-0249; Directorate Identifier 2014-NM-174-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2012-18-
05, which applies to The Boeing Company Model DC-9-10, DC-9-20, DC-9-
30, DC-9-40, and DC-9-50 series airplanes; and Model DC-9-81 (MD-81), 
DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), MD-88, and MD-90-30 
airplanes; equipped with a center wing fuel tank and Boeing original 
equipment manufacturer-installed auxiliary fuel tanks. AD 2012-18-05 
currently requires adding design features to detect electrical faults 
and to detect a pump running in an empty fuel tank. Since we issued AD 
2012-18-05, we have determined that it is necessary to clarify the 
actions for airplanes on which the auxiliary fuel tanks are removed. 
This proposed AD would allow certain actions as optional methods of 
compliance. We are proposing this AD to reduce the potential of 
ignition sources inside fuel tanks, which, in combination with 
flammable fuel vapors, could result in fuel tank explosions and 
consequent loss of the airplane.

DATES: We must receive comments on this proposed AD by May 11, 2015.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
3855

[[Page 15948]]

Lakewood Boulevard, MC D800-0019, Long Beach, CA 90846-0001; telephone 
206-544-5000, extension 2; fax 206-766-5683; Internet https://www.myboeingfleet.com. You may view this referenced service information 
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., 
Renton, WA. For information on the availability of this material at the 
FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
0249.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
0249; 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 (phone: 800-647-5527) is in the ADDRESSES section. Comments will 
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: S[eacute]rj Harutunian, Aerospace 
Engineer, Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft 
Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 
90712-4137; phone: 562-627-5254; fax: 562-627-5210; email: 
[email protected].

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-2015-0249; 
Directorate Identifier 2014-NM-174-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.

Discussion

    On August 6, 2012, we issued AD 2012-18-05, Amendment 39-17181 (77 
FR 54793, September 6, 2012), for The Boeing Company Model DC-9-10, DC-
9-20, DC-9-30, DC-9-40, and DC-9-50 series airplanes; and Model DC-9-81 
(MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), MD-88, and 
MD-90-30 airplanes; equipped with a center wing fuel tank and Boeing 
original equipment manufacturer-installed auxiliary fuel tanks. AD 
2012-18-05 requires adding design features to detect electrical faults 
and to detect a pump running in an empty fuel tank. AD 2012-18-05 
resulted from fuel system reviews conducted by the manufacturer. We 
issued AD 2012-18-05 to reduce the potential of ignition sources inside 
fuel tanks, which, in combination with flammable fuel vapors, could 
result in fuel tank explosions and consequent loss of the airplane.

Actions Since AD 2012-18-05, Amendment 39-17181 (77 FR 54793, September 
6, 2012) Was Issued

    Since we issued AD 2012-18-05, Amendment 39-17181 (77 FR 54793, 
September 6, 2012), we have determined that it is necessary to clarify 
the actions for airplanes on which the auxiliary fuel tanks are 
removed. In addition, The Boeing Company has issued new service 
information for Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-
83), DC-9-87 (MD-87), and Model MD-88 airplanes; and Model MD-90-30 
airplanes, which provides a method of compliance for the actions 
required by AD 2012-18-05. Boeing has not yet issued corresponding 
service information for Boeing Model DC-9-10, DC-9-20, DC-9-30, DC-9-
40, and DC-9-50 series airplanes. The applicability of AD 2012-18-05 
has not changed in this proposed AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Service Bulletin MD80-28-228, dated September 
27, 2013; and Boeing Service Bulletin MD90-28-013, dated September 27, 
2013. The service information describes procedures for installing GFI 
relays that change fuel pump system wiring, installing a low fuel 
pressure indication system, and revising the inspection or maintenance 
program to include new limitations.
    We have also reviewed Appendixes B, C, and D of Boeing Special 
Compliance Item Report MDC-92K9145, Revision M, dated February 5, 2013, 
which includes Critical Design Configuration Control Limitations 
(CDCCLs), Airworthiness Limitations Instructions (ALIs), and short-term 
extensions.
    Boeing Service Bulletin MD80-28-228, dated September 27, 2013, 
specifies prior or concurrent accomplishment of the following 
concurrent service information.
     Boeing MD-80 Service Bulletin 28-53, Revision 1, dated 
April 16, 1992, which describes procedures for installing a low fuel 
pressure indication system.
     Boeing MD-80 Service Bulletin 28-63, Revision 2, dated 
April 8, 1992, which describes procedures for installing a low fuel 
pressure indication inhibit system.
    This service information is reasonably available; see ADDRESSES for 
ways to access this service information.

Clarification of the Requirements for the Design Features

    In paragraph (c) of this proposed AD, we have added the text ``for 
airplanes on which auxiliary fuel tanks are removed, the AD action 
specified for the auxiliary fuel tanks are not required'' to clarify 
that the actions specified in this AD for the auxiliary fuel tanks are 
not required when the auxiliary fuel tanks are removed, but the AD 
actions for the center fuel tanks still apply.

Revised Compliance Time

    We have determined that it is appropriate to allow additional time 
to accomplish the design features and requirements specified in this 
proposed AD. Therefore, we have added a compliance time of ``within 42 
months after the effective date of this AD'' to paragraph (g) of this 
proposed AD. We have determined that this extension of the compliance 
time will provide an acceptable level of safety.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of these same type 
designs.

Proposed AD Requirements

    This proposed AD would retain all requirements of AD 2012-18-05, 
Amendment 39-17181 (77 FR 54793, September 6, 2012). This proposed AD 
would clarify the actions for airplanes on which the auxiliary fuel 
tanks are removed, that the actions specified for the auxiliary fuel 
tanks are not required. This proposed AD would also provide certain 
methods of compliance for the actions restated from AD 2012-18-05 (one 
option is accomplishing the actions

[[Page 15949]]

specified in the service information described previously, including 
revising the inspection or maintenance program, as applicable, to 
include new limitations; the other option is installing a supplemental 
type certificate (STC)).
    This proposed AD specifies to revise certain operator maintenance 
documents to include new actions (e.g., inspections) and CDCCLs. 
Compliance with these actions and CDCCLs is required by 14 CFR 
91.403(c). For airplanes that have been previously modified, altered, 
or repaired in the areas addressed by this proposed AD, the operator 
may not be able to accomplish the actions 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 according to 
paragraph (l) of this proposed AD. The request should include a 
description of changes to the required actions and CDCCLs that will 
ensure the continued operational safety of the airplane.

Costs of Compliance

    We estimate that this proposed AD affects 809 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Installing design features for          50 work-hours x $85 per          $35,000         $39,250     $10,322,750
 airplanes with center wing and          hour = $4,250.
 auxiliary tanks (263 airplanes),
 using a method approved by the FAA
 [retained actions from AD
 2012[dash]18[dash]05, Amendment
 39[dash]17181 (77 FR 54793, September
 6, 2012)].
Installing design features for          35 work-hours x $85 per           17,000          19,975      10,906,350
 airplanes with center wing tank (546    hour = $2,975.
 airplanes), using a method approved
 by the FAA [retained actions from AD
 2012-18-05, Amendment 39[dash]17181
 (77 FR 54793, September 6, 2012)].
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                      Estimated Costs: New Optional Actions for Installing Design Features
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
For airplanes with center wing and auxiliary    250 work-hours x $85 per hour =          $69,000         $90,250
 tanks, using service information specified in   $21,250.
 paragraph (h) of this proposed AD (including
 revising the maintenance/inspection program).
For airplanes with center wing tank, using      110 work-hours x $85 = 9,350....          30,000          39,350
 service information specified in paragraph
 (h) of this proposed AD (including revising
 the maintenance/inspection program).
Installing STC specified in paragraph (i) of    35 work-hours x $85 per hour =            17,000          19,975
 this proposed AD.                               $2,975.
----------------------------------------------------------------------------------------------------------------

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 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 that the 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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

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

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 removing Airworthiness Directive (AD) 
2012-18-05, Amendment 39-17181 (77 FR 54793, September 6, 2012), and 
adding the following new AD:

The Boeing Company: Docket No. FAA-2015-0249; Directorate Identifier 
2014 NM-174-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by May 11, 2015.

[[Page 15950]]

(b) Affected ADs

    This AD replaces AD 2012-18-05, Amendment 39-17181 (77 FR 54793, 
September 6, 2012).

(c) Applicability

    This AD applies to The Boeing Company airplanes identified in 
paragraphs (c)(1) through (c)(8) of this AD, certificated in any 
category, and equipped with center wing fuel tanks and Boeing 
original equipment manufacturer-installed auxiliary fuel tanks. For 
airplanes on which the auxiliary fuel tanks have been removed, the 
actions specified for the auxiliary fuel tanks are not required.
    (1) Model DC-9-11, DC-9-12, DC-9-13, DC-9-14, DC-9-15, and DC-9-
15F airplanes.
    (2) Model DC-9-21 airplanes.
    (3) 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.
    (4) Model DC-9-41 airplanes.
    (5) Model DC-9-51 airplanes.
    (6) Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), and 
DC-9-87 (MD-87) airplanes.
    (7) Model MD-88 airplanes.
    (8) Model MD-90-30 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Unsafe Condition

    This AD was prompted by fuel system reviews conducted by the 
manufacturer. We are issuing this AD to reduce the potential of 
ignition sources inside fuel tanks, which, in combination with 
flammable fuel vapors, could result in fuel tank explosions and 
consequent loss of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Criteria for Operation

    This paragraph restates the actions required by paragraph (g) of 
AD 2012-18-05, Amendment 39-17181 (77 FR 54793, September 6, 2012), 
with a new compliance time. Except as provided by paragraphs (h) and 
(i) of this AD: As of 42 months after the effective date of this AD, 
no person may operate any airplane affected by this AD unless an 
amended type certificate or supplemental type certificate that 
incorporates the design features and requirements described in 
paragraphs (g)(1) and (g)(2) of this AD has been approved by the 
Manager, Los Angeles Aircraft Certification Office (ACO), FAA, and 
those design features are installed on the airplane.
    (1) Each electrically powered fuel pump installed in the center 
wing tank or auxiliary fuel tank must have a protective device 
installed to detect electrical faults that can cause arcing and burn 
through the fuel pump housing. The same device must shut off the 
pump by automatically removing electrical power from the pump when 
such faults are detected. When a fuel pump is shut off as the result 
of detection of an electrical fault, the device must stay latched 
off until the fault is cleared through maintenance action and 
verified that the pump and the electrical power feed are safe for 
operation.
    (2) Additional design features must be installed to detect when 
any center wing tank or auxiliary fuel tank pump is running in an 
empty fuel tank. The prospective pump shutoff system must shut off 
each pump no later than 60 seconds after the fuel tank is emptied. 
The pump shutoff system design must preclude undetected running of a 
fuel pump in an empty tank, after the pump was commanded off 
manually or automatically.

(h) New: Optional Methods of Compliance

    For Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-
9-87 (MD-87), and Model MD-88 airplanes; and Model MD-90-30 
airplanes: In lieu of doing the requirements of paragraph (g) of 
this AD, do the applicable actions specified in paragraphs (h)(1), 
(h)(2), and (h)(3) of this AD.
    (1) For Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), 
DC-9-87 (MD-87), and Model MD-88 airplanes: Do the applicable 
actions specified in paragraphs (h)(1)(i), (h)(1)(ii), and 
(h)(1)(iii) of this AD.
    (i) For all airplanes identified in paragraph (h)(1) of this AD: 
Within the compliance time specified in paragraph (g) of this AD, 
install ground fault interrupter (GFI) relays, in accordance with 
the Accomplishment Instructions of Boeing Service Bulletin MD80-28-
228, dated September 27, 2013.
    (ii) For airplanes identified in Boeing MD-80 Service Bulletin 
28-53, Revision 1, dated April 16, 1992: Prior to or concurrently 
with accomplishing the action specified in paragraph (h)(1)(i) of 
this AD, install a low fuel pressure indication system, in 
accordance with the Accomplishment Instructions of Boeing MD-80 
Service Bulletin 28-53, Revision 1, dated April 16, 1992.
    (iii) For airplanes identified in Boeing MD-80 Service Bulletin 
28-63, Revision 2, dated April 8, 1992: Prior to or concurrently 
with accomplishing the action specified in paragraph (h)(1)(i) of 
this AD, install a low fuel pressure indication inhibition system, 
in accordance with the Accomplishment Instructions of Boeing MD-80 
Service Bulletin 28-63, Revision 2, dated April 8, 1992.
    (2) For Model MD-90-30 airplanes: Within the compliance time 
specified in paragraph (g) of this AD, install brackets and mod 
block rails, and install GFI relays, in accordance with the 
Accomplishment Instructions of Boeing Service Bulletin MD90-28-013, 
dated September 27, 2013.
    (3) For all airplanes: Within 30 days after accomplishing the 
actions required by paragraph (h)(1) or (h)(2) of this AD or within 
30 days after the effective date of this AD, whichever occurs later, 
revise the maintenance or inspection program, as applicable, to 
incorporate the Critical Design Configuration Control Limitations 
(CDCCLs), Airworthiness Limitations Instructions (ALIs), and short-
term extensions specified in Appendixes B, C, and D of Boeing 
Special Compliance Item Report MDC-92K9145, Revision M, dated 
February 5, 2013. The initial compliance time for accomplishing the 
actions specified in the ALIs is at the later of the times in 
paragraphs (h)(3)(i) and (h)(3)(ii) of this AD. Doing the revision 
of the maintenance or inspection program, as applicable, required by 
this paragraph terminates the requirements in paragraphs (g) and (h) 
of AD 2008-11-15, Amendment 39-15538 (73 FR 30746, May 29, 2008).
    (i) At the applicable time specified in in Appendix C of Boeing 
Special Compliance Item Report MDC-92K9145, Revision M, dated 
February 5, 2013, except as provided by Appendix D, of Boeing 
Special Compliance Item Report MDC-92K9145, Revision M, dated 
February 5, 2013.
    (ii) Within 30 days after accomplishing the actions required by 
paragraph (h)(1) or (h)(2) of this AD, or within 30 days after the 
effective date of this AD, whichever occurs later.

(i) New: Optional Universal Fault Interrupter (UFI) Installation

    In lieu of doing the requirements of paragraph (g) of this AD, 
within the compliance time specified in paragraph (g) of this AD 
install a TDG Aerospace Inc. UFI using a method approved in 
accordance with the procedures specified in paragraph (l) of this 
AD.

    Note 1 to paragraph (i) of this AD: TDG Aerospace STC ST02502LA 
([http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/
4d132827a425d7de86257cd3004dfc02/$FILE/ST02502LA.pdf)] provides 
additional guidance for installing the TDG UFI.

(j) No Alternative Actions, Intervals, and CDCCLs

    After the maintenance or inspection program, as applicable, has 
been revised as required by paragraph (h)(3) of this AD, no 
alternative actions (e.g., inspections), intervals, or CDCCLs may be 
used unless the actions, intervals, or CDCCLs are approved as an 
alternative method of compliance (AMOC) in accordance with the 
procedures specified in paragraph (l) of this AD.

(k) Credit for Previous Actions

    This paragraph provides credit for the actions specified in 
paragraphs (h)(1)(ii) and (h)(1)(iii) of this AD, if those actions 
were performed before the effective date of this AD using any of the 
service information specified in paragraph (k)(1), (k)(2), or (k)(3) 
of this AD.
    (1) Boeing MD-80 Service Bulletin 28-53, dated April 8, 1991.
    (2) Boeing MD-80 Service Bulletin 28-63, dated, June 14, 1991.
    (3) Boeing MD-80 Service Bulletin 28-63, Revision 1, dated July 
19, 1991.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles Aircraft Certification Office 
(ACO), FAA, has the authority to approve AMOCs for this AD, if 
requested using the procedures found in 14 CFR 39.19. In accordance 
with 14 CFR 39.19, send your request to your principal inspector or 
local Flight Standards District Office, as appropriate. If sending 
information directly to the manager of the ACO, send it to the

[[Page 15951]]

attention of the person identified in paragraph (m)(1) of this AD. 
Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD if it is approved by the 
Boeing Commercial Airplanes Organization Designation Authorization 
(ODA) that has been authorized by the Manager, Los Angeles ACO, to 
make those findings. For a repair method to be approved, the repair 
must meet the certification basis of the airplane, and the approval 
must specifically refer to this AD.
    (4) AMOCs approved for AD 2012-18-05, Amendment 39-17181 (77 FR 
54793, September 6, 2012), are approved as AMOCs for the 
corresponding provisions of this AD.

(m) Related Information

    (1) For more information about this AD, contact S[eacute]rj 
Harutunian, Aerospace Engineer, Propulsion Branch, ANM-140L, FAA, 
Los Angeles Aircraft Certification Office (ACO), 3960 Paramount 
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5254; fax: 562-
627-5210; email: [email protected].
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
3855 Lakewood Boulevard, MC D800-0019, Long Beach, CA 90846-0001; 
telephone 206-544-5000, extension 2; fax 206-766-5683; Internet 
https://www.myboeingfleet.com. You may view this referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, WA. For information on the availability of this 
material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on February 11, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-06745 Filed 3-25-15; 8:45 am]
 BILLING CODE 4910-13-P