This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

40525 

Vol. 74, No. 154 

Wednesday, August 12, 2009 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0685; Directorate 

Identifier 2009–NM–113–AD] 

RIN 2120–AA64 

Airworthiness Directives; McDonnell 

Douglas Model DC–9–30, DC–9–40, 

and DC–9–50 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

McDonnell Douglas Model DC–9–30, 

DC–9–40, and DC–9–50 series airplanes. 

This proposed AD would require 

inspecting to determine the part 

numbers of the forward and aft auxiliary 

tank fuel boost and transfer pump 

conduit/conduit assembly and conduit 

assembly electrical connector, as 

applicable, and corrective actions if 

necessary. This proposed AD results 

from fuel system reviews conducted by 

the manufacturer. We are proposing this 

AD to detect and correct the potential 

for an arc/spark condition to occur 

within the fuel boost or transfer pump 

conduit assembly connectors and 

propagate into the forward and aft 

auxiliary fuel tanks, which could result 

in a fire or explosion. 

DATES: We must receive comments on 

this proposed AD by September 28, 

2009. 

ADDRESSES: You may send comments 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: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, 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 

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 or 425–227–1152. 

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 proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(telephone 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

William 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: 

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–2009–0685; Directorate Identifier 

2009–NM–113–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 

The FAA has examined the 

underlying safety issues involved in fuel 

tank explosions on several large 

transport airplanes, including the 

adequacy of existing regulations, the 

service history of airplanes subject to 

those regulations, and existing 

maintenance practices for fuel tank 

systems. As a result of those findings, 

we issued a regulation titled ‘‘Transport 

Airplane Fuel Tank System Design 

Review, Flammability Reduction and 

Maintenance and Inspection 

Requirements’’ (66 FR 23086, May 7, 

2001). In addition to new airworthiness 

standards for transport airplanes and 

new maintenance requirements, this 

rule included Special Federal Aviation 

Regulation No. 88 (‘‘SFAR 88,’’ 

Amendment 21–78, and subsequent 

Amendments 21–82 and 21–83). 

Among other actions, SFAR 88 

requires certain type design (i.e., type 

certificate (TC) and supplemental type 

certificate (STC)) holders to substantiate 

that their fuel tank systems can prevent 

ignition sources in the fuel tanks. This 

requirement applies to type design 

holders for large turbine-powered 

transport airplanes and for subsequent 

modifications to those airplanes. It 

requires them to perform design reviews 

and to develop design changes and 

maintenance procedures if their designs 

do not meet the new fuel tank safety 

standards. As explained in the preamble 

to the rule, we intended to adopt 

airworthiness directives to mandate any 

changes found necessary to address 

unsafe conditions identified as a result 

of these reviews. 

In evaluating these design reviews, we 

have established four criteria intended 

to define the unsafe conditions 

associated with fuel tank systems that 

require corrective actions. The 

percentage of operating time during 

which fuel tanks are exposed to 

flammable conditions is one of these 

criteria. The other three criteria address 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
40526 Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Proposed Rules 

the failure types under evaluation: 

single failures, single failures in 

combination with a latent condition(s), 

and in-service failure experience. For all 

four criteria, the evaluations included 

consideration of previous actions taken 

that may mitigate the need for further 

action. 

We have determined that the actions 

identified in this AD are necessary 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. 

It was determined by the SFAR 88 

review that failure could occur in the 

forward and aft auxiliary tanks due to 

damage of the fuel boost or transfer 

pump conduit assembly connectors. 

Damage has been attributed to 

maintenance personnel loosening or 

tightening the conduit assembly by 

turning the round or hex fitting part of 

the conduit instead of the electrical 

connector square nut. Turning the 

round part of the conduit can break the 

seal and permit fuel to enter the conduit 

and connector. Fuel contacting the 

connector insert causes the insert 

material to swell, allowing the socket to 

become loose, resulting in pin and 

socket misalignment when reconnected 

to the pump. This condition, if not 

corrected, could result in an arc/spark 

condition in the fuel boost or transfer 

pump conduit assembly connectors, that 

could propagate into the forward and aft 

auxiliary fuel tanks, which could result 

in a fire or explosion. 

Relevant Service Information 

We have reviewed Boeing Service 

Bulletin DC9–28–227, dated April 23, 

2009. The service bulletin describes 

procedures for inspecting to determine 

the part numbers of the forward and aft 

auxiliary tank fuel boost or transfer 

pump conduit/conduit assembly and 

conduit assembly electrical connector. 

Corrective actions include replacing or 

repairing conduit assemblies and 

conduit assembly electrical connectors 

having certain part numbers. 

FAA’s Determination and Requirements 

of This Proposed AD 

We are proposing this AD because we 

evaluated all relevant information and 

determined the unsafe condition 

described previously is likely to exist or 

develop in other products of this same 

type design. This proposed AD would 

require accomplishing the actions 

specified in the service information 

described previously. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 137 airplanes of U.S. 

registry. We also estimate that it would 

take up to 8 work-hours per product to 

comply with this proposed AD. The 

average labor rate is $80 per work-hour. 

Based on these figures, we estimate the 

cost of this proposed AD to the U.S. 

operators to be $87,680, or $640 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 

We 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 this 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), 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. 

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 

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: 

McDonnell Douglas: Docket No. FAA–2009– 

0685; Directorate Identifier 2009–NM– 

113–AD. 

Comments Due Date 

(a) We must receive comments by 

September 28, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to 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), DC–9–41, and DC–9–51 

airplanes, certificated in any category, as 

identified in Boeing Service Bulletin DC9– 

28–227, dated April 23, 2009. 

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 detect and correct the potential for 

an arc/spark condition to occur within the 

fuel boost or transfer pump conduit assembly 

connectors and propagate into the forward 

and aft auxiliary fuel tanks, which could 

result in a fire or explosion. 

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. 

Inspection 

(g) Within 60 months after the effective 

date of this AD, inspect to determine the part 

numbers of the forward and aft auxiliary fuel 

tank boost and transfer pumps conduit 

assembly and conduit assembly electrical 

connector, as applicable, and do applicable 

corrective actions, in accordance with the 

Accomplishment Instructions of Boeing 

Service Bulletin DC9–28–227, dated April 23, 

2009. Do the applicable corrective actions 

before further flight. 

Alternative Methods of Compliance 

(AMOCs) 

(h)(1) The Manager, Los Angeles Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Proposed Rules 40527 

requested using the procedures found in 14 

CFR 39.19. Send information to ATTN: 

William Bond, Aerospace Engineer, 

Propulsion Branch, ANM–140L, FAA, Los 

Angeles ACO, 3960 Paramount Boulevard, 

Lakewood, California 90712–4137; telephone 

(562) 627–5253; 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. 

Issued in Renton, Washington, on August 

3, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–19265 Filed 8–11–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0134; Directorate 

Identifier 2008–NM–162–AD] 

RIN 2120–AA64 

Airworthiness Directives; Saab AB, 

Saab Aerosystems Model SAAB 340A 

(SAAB/SF340A) and SAAB 340B 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Supplemental notice of 

proposed rulemaking (NPRM); 

reopening of comment period. 

SUMMARY: We are revising an earlier 

NPRM for the products listed above. 

This action revises the earlier NPRM by 

expanding the scope. This proposed 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: 

During 2008, two cases of main hydraulic 

accumulator failure were reported, one of 

which was caused by corrosion. Investigation 

has shown that a severe failure can occur to 

any of the four hydraulic accumulators 

which are installed in the hydraulic 

compartment. Either one of the two end parts 

on the accumulator may depart from the 

pressure vessel due to corrosion. This 

condition, if not corrected, is likely to 

degrade the functionality of the hydraulic 

system, possibly resulting in degradation or 

total loss of control of the landing gear, flap 

actuation and brakes. A severe failure during 

flight may even result in debris penetrating 

and exiting the fuselage outer skin. When 

such a failure occurs while the aeroplane is 

on the ground, as in the two reported cases, 

this may cause severe damage to the fuselage 

and result in injuries to persons nearby. 

* * * * * 

The proposed AD would require actions 

that are intended to address the unsafe 

condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by September 8, 2009. 

ADDRESSES: You may send comments 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: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–40, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Saab Aircraft 

AB, SAAB Aerosystems, SE–581 88, 

Linko ̈ping, Sweden; telephone +46 13 

18 5591; fax +46 13 18 4874; e-mail 

saab2000.techsupport@saabgroup.com; 

Internet http://www.saabgroup.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 or 425–227–1152. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office 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 Operations 

office (telephone (800) 647–5527) is in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Shahram Daneshmandi, Aerospace 

Engineer, International Branch, ANM– 

116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1112; fax (425) 227–1149. 

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–2009–0134; Directorate Identifier 

2008–NM–162–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 based on 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 

We proposed to amend 14 CFR part 

39 with an earlier NPRM for the 

specified products, which was 

published in the Federal Register on 

February 18, 2009 (74 FR 7568). That 

earlier NPRM proposed to require 

actions intended to address the unsafe 

condition for the products listed above. 

Since that NPRM was issued, there 

was another report of main hydraulic 

accumulator failure, which occurred 

during final approach. The airplane was 

able to land safely, and there were no 

injuries reported. We have determined 

that it is necessary to reduce the 

compliance time specified in the NPRM 

for replacing the hydraulic accumulator 

from 24 to 12 months. 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2008–0146R1, 

dated April 16, 2009 (referred to after 

this as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The revised MCAI states: 

During 2008, two cases of main hydraulic 

accumulator failure were reported, one of 

which was caused by corrosion. Investigation 

has shown that a severe failure can occur to 

any of the four hydraulic accumulators 

which are installed in the hydraulic 

compartment. Either one of the two end parts 

on the accumulator may depart from the 

pressure vessel due to corrosion. This 

condition, if not corrected, is likely to 

degrade the functionality of the hydraulic 

system, possibly resulting in degradation or 

total loss of control of the landing gear, flap 

actuation and brakes. A severe failure during 

flight may even result in debris penetrating 

and exiting the fuselage outer skin. When 

such a failure occurs while the aeroplane is 


jlentini on DSKJ8SOYB1PROD with PROPOSALS