Federal Register / Vol. 74, No. 208 / Thursday, October 29, 2009 / Rules and Regulations 55755 

the same proportion as his interest in the 

overall plan. All other participants would be 

similarly insured. Participants’ interests not 

capable of evaluation are added together and 

insured to a maximum of $250,000 in the 

aggregate (§ 745.9–2). 

Example 4 Question: Member A has an 

individual account of $250,000 and 

establishes an IRA account and accumulates 

$250,000 in that account. Subsequently, A 

becomes self-employed and establishes a 

Keogh account in the same credit union and 

accumulates $250,000 in that account. What 

is the insurance coverage? 

Answer: Each of A’s accounts would be 

separately insured as follows: the individual 

account for $250,000, the maximum for that 

type of account; the IRA account for 

$250,000, the maximum for that type of 

account; and the Keogh account for $250,000, 

the maximum for that type of account. 

(§§ 745.3(a)(1) and 745.9–2). 

Example 5 Question: Member A has a selfdirected IRA account with $70,000 in it. The 

FCU is the trustee of the account. Member 

transfers $40,000 into a blue chip stock; 

$30,000 remains in the FCU. What is the 

insurance coverage? 

Answer: Originally, the full $70,000 in A’s 

IRA account is insured. The $40,000 is no 

longer insured once it is moved out of the 

FCU. The $30,000 remaining in the FCU is 

insured (§ 745.9–2). 

[FR Doc. E9–25921 Filed 10–28–09; 8:45 am] 

BILLING CODE 7535–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0314; Directorate 

Identifier 2008–NM–196–AD; Amendment 

39–16066; AD 2009–22–13] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 767–200, –300, –300F, and 

–400ER Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Boeing Model 767–200, –300, –300F, 

and –400ER series airplanes. This AD 

requires an inspection to determine if 

certain motor operated valve actuators 

for the fuel tanks are installed, and 

related investigative and corrective 

actions if necessary. This AD results 

from fuel system reviews conducted by 

the manufacturer. We are issuing this 

AD to prevent an ignition source inside 

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 is effective December 3, 

2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of December 3, 2009. 

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, Washington 98124– 

2207; telephone 206–544–5000, 

extension 1; fax 206–766–5680; e-mail 

me.boecom@boeing.com; 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: 

Douglas Bryant, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 917–6505; fax (425) 917–6590. 

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 Boeing Model 767–200,–300, 

–300F, and –400ER series airplanes. 

That NPRM was published in the 

Federal Register on April 7, 2009 (74 FR 

15681). That NPRM proposed to require 

an inspection to determine if certain 

motor operated valve actuators for the 

fuel tanks are installed, and related 

investigative and corrective actions if 

necessary. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comments received. 

Request To Include an Additional Part 

Number for Serviceable MOV Actuators 

ABX Air asks that the NPRM include 

part number (P/N) MA30A1001 as a 

serviceable actuator acceptable for 

installation. ABX states that the NPRM 

would not allow serviceable actuators 

having part number MA30A1001 to be 

installed. ABX adds that requiring 

installation of only new MOV actuators 

having P/N MA30A1001 would impose 

an undue burden on operators. 

We agree to include installation of 

serviceable MOV actuators having P/N 

MA30A1001 in this AD. The intent of 

the AD is to replace MOV actuators 

having P/N MA20A1001–1 with a new 

or serviceable replacement part. We 

have revised paragraph (h) of this AD to 

allow installation of serviceable MOV 

actuators having P/N MA30A1001. 

Request To Include Revision 1 of the 

Reference Service Bulletin 

Boeing asks that paragraphs (c), (g)(1), 

(g)(2), and (h) of the NPRM be changed 

to include Revision 1 of Boeing Alert 

Service Bulletin 767–28A0090, in 

addition to the original issue, dated July 

3, 2008, referred to for the applicability 

and accomplishing the actions in the 

NPRM. Boeing states that operators will 

be burdened with tracking incorporation 

of Revision 1 as an alternative method 

of compliance if it is not included in the 

final rule. 

We do not agree to include Revision 

1 of the referenced service bulletin in 

this AD, since a revision to Boeing Alert 

Service Bulletin 767–28A0090, dated 

July 3, 2008, has not yet been issued. 

Boeing has informed us that the revision 

to Boeing Alert Service Bulletin 767– 

28A0090, when issued, will not have 

additional work to be performed and 

will not expand the scope of the AD. 

Since Boeing Alert Service Bulletin 

767–28A0090 is expected to be revised 

after issuance of this AD, we might 

consider approving the revised service 

bulletin as an alternative method of 

compliance (AMOC), as provided by 

paragraph (i)(1) of this AD. 

Request To Revise the Costs of 

Compliance Section 

Boeing also asks that we consider 

revising the Costs of Compliance section 

specified in the NPRM to project more 

accurate cost estimates. Boeing states 

that the cost estimates do not seem 

accurate. Boeing adds that the parts 

costs for the replacement are 

substantial, and, when the replacement 

parts costs are added to the costs of 

labor, estimated work-hours, and the 

total number of airplanes affected, the 

cost estimates would be substantially 

higher than the estimate in the NPRM. 

We agree that the work-hours for the 

inspection should be higher than 

estimated in the NPRM. We have 

determined that it takes between 2 and 

4 work-hours to perform the inspection, 


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55756 Federal Register / Vol. 74, No. 208 / Thursday, October 29, 2009 / Rules and Regulations 

depending on airplane configuration. 

We have changed the Costs of 

Compliance section (below) to expand 

the work-hour estimate. 

We do not agree that the parts cost for 

replacement should be included. The 

data in the Costs of Compliance section 

are limited only to the cost of actions 

actually required by the AD. The cost 

analysis in AD rulemaking actions does 

not include the costs of ‘‘on-condition’’ 

actions (e.g., ‘‘repair or replace, if 

necessary’’) or replacement parts that 

are necessary when doing those oncondition actions. Regardless of AD 

direction, those actions would be 

required to correct an unsafe condition 

identified in an airplane and ensure 

operation of that airplane in an 

airworthy condition. Therefore, we have 

made no change to the AD in this 

regard. 

Conclusion 

We reviewed the relevant data, 

considered the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

with the changes described previously. 

We also 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 397 

airplanes of U.S. registry. We also 

estimate that it takes between 2 and 4 

work-hours per product to comply with 

this AD. The average labor rate is $80 

per work-hour. Based on these figures, 

we estimate the cost of this AD to the 

U.S. operators to be between $63,520 

and $127,040, or between $160 and 

$320 per product. 

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 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2009–22–13 Boeing: Amendment 39–16066. 

Docket No. FAA–2009–0314; Directorate 

Identifier 2008–NM–196–AD. 

Effective Date 

(a) This airworthiness directive (AD) is 

effective December 3, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Boeing Model 767– 

200, –300, –300F, and –400ER series 

airplanes, certificated in any category; as 

identified in Boeing Alert Service Bulletin 

767–28A0090, dated July 3, 2008. 

Unsafe Condition 

(d) This AD results from fuel system 

reviews conducted by the manufacturer. We 

are issuing this AD to prevent an ignition 

source inside 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) Comply with this AD within the 

compliance times specified, unless already 

done. 

Subject 

(f) Air Transport Association (ATA) of 

America Code 28: Fuel. 

Inspection and Related Investigative/ 

Corrective Actions 

(g) Within 60 months after the effective 

date of this AD, do the actions in paragraphs 

(g)(1) and (g)(2) of this AD. 

(1) Inspect the motor operated valves 

(MOVs) in the main and center fuel tanks to 

determine if any MOV having part number 

(P/N) MA20A1001–1 is installed, in 

accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

767–28A0090, dated July 3, 2008. A review 

of airplane maintenance records is acceptable 

in lieu of this inspection if the part number 

can be conclusively determined from that 

review. 

(2) Do all applicable related investigative 

and corrective actions specified in and in 

accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

767–28A0090, dated July 3, 2008, except as 

provided by paragraph (h) of this AD. 

Alternative Part Numbers 

(h) Where Boeing Alert Service Bulletin 

767–28A0090, dated July 3, 2008, specifies 

replacing any actuator having P/N 

MA20A1001–1 with a new actuator having 

P/N MA30A1001, a serviceable actuator 

having any of the following part numbers is 

also acceptable as a replacement part: 

MA30A1001; MA20A2027 (S343T003–56); 

MA11A1265–1 (S343T003–41); or AV–31–1 

(S343T003–111). 

Alternative Methods of Compliance 

(AMOCs) 

(i)(1) The Manager, Seattle 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: 

Douglas Bryant, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, Seattle 

Aircraft Certification Office, 1601 Lind 

Avenue, SW., Renton, Washington 98057– 

3356; telephone (425) 917–6505; fax (425) 

917–6590. 

(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. 

Material Incorporated by Reference 

(j) You must use Boeing Alert Service 

Bulletin 767–28A0090, dated July 3, 2008, to 


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Federal Register / Vol. 74, No. 208 / Thursday, October 29, 2009 / Rules and Regulations 55757 

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, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; telephone 

206–544–5000, extension 1; fax 206–766– 

5680; e-mail me.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 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 October 

19, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–25916 Filed 10–28–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0399; Directorate 

Identifier 2008–NM–226–AD; Amendment 

39–16060; AD 2009–22–09] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier 

Model CL–600–2C10 (Regional Jet 

Series 700, 701 & 702), CL–600–2D15 

(Regional Jet Series 705), and CL–600– 

2D24 (Regional Jet Series 900) 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

A change in dimensions of the fuse blocks 

in the Auxiliary Power Unit (APU) Start 

Contactor Assembly (ASCA) box assembly 

can cause an incorrect interface between the 

bus bars and fuses. This condition can result 

in an increase in temperature, which could 

damage the ASCA box and/or compromise 

the availability of battery bus supply. 

The unsafe condition could result in the 

ignition of a fire in the ASCA box. We 

are issuing this AD to require actions to 

correct the unsafe condition on these 

products. 

DATES: This AD becomes effective 

December 3, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of December 3, 2009. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Wing Chan, Aerospace Engineer, 

Avionics and Flight Test Branch, ANE– 

172, FAA, New York Aircraft 

Certification Office, 1600 Stewart 

Avenue, Suite 410, Westbury, New York 

11590; telephone (516) 228–7311; fax 

(516) 794–5531. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on April 30, 2009 (74 FR 

19902). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

A change in dimensions of the fuse blocks 

in the Auxiliary Power Unit (APU) Start 

Contactor Assembly (ASCA) box assembly 

can cause an incorrect interface between the 

bus bars and fuses. This condition can result 

in an increase in temperature, which could 

damage the ASCA box and/or compromise 

the availability of battery bus supply. 

The unsafe condition could result in the 

ignition of a fire in the ASCA box. The 

required actions include inspecting the 

ASCA boxes to determine the part 

number; and for certain ASCA boxes, 

doing a detailed inspection of the fuse 

block date code, and replacing the fuse 

block with new hardware if necessary. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comment received. 

Request To Change Compliance Time 

for Replacement 

American Eagle Airlines (AEA) 

requests that the compliance time in 

paragraph (f)(1) of the NPRM for 

replacing the fuse blocks be changed 

from ‘‘before further flight’’ to within 

1,500 flight hours after the effective date 

of this AD. AEA explains that the new 

compliance time will give operators the 

benefit of knowing how much downtime will be needed to replace the fuse 

blocks, while keeping to the restrictions 

of 1,500 flight hours required for 

inspecting the ASCA box. 

We disagree with the request. While 

we recognize that changing the 

compliance time for replacing the fuse 

blocks from ‘‘before further flight’’ to 

within 1,500 flight hours after the 

effective date of this AD benefits the 

operators in their planning, we find 

that, to achieve an adequate level of 

safety for the affected airplanes, fuse 

blocks known to be un-airworthy must 

be replaced before further flight. We 

have made no change to this AD in this 

regard. 

Request To Allow a Records Check in 

Lieu of Inspection To Determine Part 

Number 

AEA requests that a records check be 

allowed, if sufficient records exist, to 

comply with the inspection of the ASCA 

box to determine the part numbers. AEA 

explains that the records check would 

potentially prevent unnecessary 

inspections. 

We agree. We have determined that a 

review of the airplane maintenance 

records is acceptable in lieu of the 

inspection to determine the part number 

of the ASCA boxes if the part number 

of the ASCA boxes can be conclusively 

determined from that review. We have 

revised paragraph (f)(1) of this AD 

accordingly. 

Conclusion 

We reviewed the available data, 

including the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

with the change described previously. 

We determined that this change will not 

increase the economic burden on any 

operator or increase the scope of the AD. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 


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