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[Federal Register Volume 76, Number 8 (Wednesday, January 12, 2011)]
[Rules and Regulations]
[Pages 1993-1996]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-33345]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0549; Directorate Identifier 2010-NM-109-AD; 
Amendment 39-16573; AD 2011-01-16]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model DC-9-81 (MD-
81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), and MD-88 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

[[Page 1994]]

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD requires installing fuel level float and 
pressure switch in-line fuses on the wing forward spars and forward and 
aft auxiliary fuel tanks, depending on the airplane configuration. This 
AD was prompted by fuel system reviews conducted by the manufacturer. 
We are issuing this AD to prevent 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: This AD is effective February 16, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of February 16, 
2011.

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 
dse.boecom@boeing.com; 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.

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 (phone: 800-647-5527) is 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: Samuel Lee, Aerospace Engineer, 
Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification 
Office (ACO), 3960 Paramount Boulevard, Lakewood, California 90712-
4137; telephone 562-627-5262; fax 562-627-5210; e-mail 
samuel.lee@faa.gov.

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 
the specified products. That NPRM was published in the Federal Register 
on June 18, 2010 (75 FR 34661). That NPRM proposed to require 
installing fuel level float and pressure switch in-line fuses on the 
wing forward spars and forward and aft auxiliary fuel tanks, depending 
on the airplane configuration.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comment received on the proposal 
and the FAA's response.

Request To Clarify Applicability

    American Airlines (American) requested that we clarify the 
applicability of the NPRM. That NPRM identified airplanes in the 
effectivity of Boeing Service Bulletin MD80-28-226, dated April 14, 
2010, which specifies that airplanes are not affected unless the 
actions specified in McDonnell Douglas MD-80 Service Bulletin 28-054 or 
28-058 have been done or the float switches have been installed. (These 
service bulletins are currently at Revision 1, dated April 15, 1992; 
and Revision 2, dated July 6, 1992; respectively.) American reports 
that it operates airplanes with switches incorporated in production, 
but not installed specifically in accordance with McDonnell Douglas MD-
80 Service Bulletin 28-054 or 28-058. American therefore requests that 
we clarify the applicability of the proposed AD to specify whether 
airplanes equipped with the subject fuel float/pressure switches--
regardless of the method of installation--are affected.
    We agree to provide clarification. McDonnell Douglas MD-80 Service 
Bulletins 28-054 and 28-058 specify that the switches are installed in 
production on specified and subsequent fuselage numbers. If switches 
are installed using McDonnell Douglas Service Bulletin 28-054 or 28-058 
or production equivalent, the actions of this AD are required. We have 
added Note 1 in this AD to clarify the applicability.

Change to the Installation Requirements

    The NPRM referred to Boeing Service Bulletin MD80-28-226, dated 
April 14, 2010, as the appropriate source of service information for 
the proposed requirements. Boeing has identified errors in certain 
references identified in that service bulletin, and issued Service 
Bulletin Information Notice MD80-28-226 IN 01, dated April 23, 2010, to 
correct these errors. We have included these corrections in new 
paragraph (h) in this final rule.

Explanation of Change Made to the [Proposed] AD

    We have revised this AD to identify the legal name of the 
manufacturer as published in the most recent type certificate data 
sheet for the affected airplane models.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting the 
AD with the changes described previously. We 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 640 airplanes of U.S. registry. 
The following table provides the estimated costs, depending on the 
airplane configuration, for U.S. operators to comply with this AD.

                                                                     Estimated Costs
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                                                     Average labor rate                                            Number of U.S.-
            Action                  Work hours            per hour              Parts         Cost per product   registered airplanes      Fleet cost
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Installation..................  Between 7 and 17.                   $85   Between $817 and   Between $1,412                      640   Between $903,680
                                                                           $1,725.            and $3,170.                               and $2,028,800.
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[[Page 1995]]

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),
    (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.

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 airworthiness 
directive (AD):

2011-01-16 The Boeing Company: Amendment 39-16573; Docket No. FAA-
2010-0549; Directorate Identifier 2010-NM-109-AD.

Effective Date

    (a) This AD is effective February 16, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to The Boeing Company Model DC-9-81 (MD-81), 
DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), and MD-88 
airplanes; certificated in any category; as identified in Boeing 
Service Bulletin MD80-28-226, dated April 14, 2010.

    Note 1:  The applicability of this AD is limited to airplanes on 
which switches are installed in accordance with McDonnell Douglas 
MD-80 Service Bulletin 28-054, dated April 8, 1991, or Revision 1, 
dated April 15, 1992; or McDonnell Douglas MD-80 Service Bulletin 
28-058, dated April 8, 1991, Revision 1, dated August 2, 1991, or 
Revision 2, dated July 6, 1992; or production equivalent.

Subject

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

Unsafe Condition

    (e) This AD results from fuel system reviews conducted by the 
manufacturer. The Federal Aviation Administration is issuing this AD 
to prevent 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.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Fuse Installation

    (g) Within 60 months after the effective date of this AD, 
install fuel level float and pressure switch in-line fuses, and do 
applicable wiring changes, in the applicable locations specified in 
paragraph (g)(1), (g)(2), or (g)(3) of this AD. Do the actions in 
accordance with the Accomplishment Instructions of Boeing Service 
Bulletin MD80-28-226, dated April 14, 2010, except as required by 
paragraph (h) of this AD.
    (1) For Groups 1 through 6: On the left, right, and center wing 
forward spars.
    (2) For Groups 7 and 8: On the left, right, and center wing 
forward spars, and aft auxiliary fuel tank.
    (3) For Groups 9 through 11: On the left, right, and center wing 
forward spars, forward auxiliary fuel tank, and aft auxiliary fuel 
tank.

Exception to Service Bulletin Specifications

    (h) Paragraph 3.B.1. of Boeing Service Bulletin MD80-28-226, 
dated April 14, 2010, for Groups 1 through 11, refers to the Boeing 
MD80 Airplane Maintenance Manual (AMM) defueling procedure MD80 AMM 
12-13-00. The correct reference is Boeing MD80 AMM 12-11-01.

Alternative Methods of Compliance (AMOCs)

    (i)(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. Send 
information to Attn: Samuel Lee, Aerospace Engineer, Propulsion 
Branch, ANM-140L, FAA, Los Angeles ACO, 3960 Paramount Boulevard, 
Lakewood, California 90712-4137; telephone 562-627-5262; fax 562-
627-5210.
    (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 principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.

Related Information

    (j) For more information about this AD, contact Samuel Lee, 
Aerospace Engineer, Propulsion Branch, ANM-140L, FAA, Los Angeles 
ACO, 3960 Paramount Boulevard, Lakewood, California 90712-4137; 
telephone 562-627-5262; fax 562-627-5210; e-mail samuel.lee@faa.gov.

Material Incorporated by Reference

    (k) You must use Boeing Service Bulletin MD80-28-226, dated 
April 14, 2010, 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 
dse.boecom@boeing.com; 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.
    (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 an NARA facility, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

[[Page 1996]]

    Issued in Renton, Washington, on December 27, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-33345 Filed 1-11-11; 8:45 am]
BILLING CODE 4910-13-P
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