```

[Federal Register: October 14, 2010 (Volume 75, Number 198)]
[Rules and Regulations]               
[Page 63039-63040]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14oc10-1]                         

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================

[[Page 63039]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0554; Directorate Identifier 2010-NM-082-AD; 
Amendment 39-16476; AD 2010-21-16]
RIN 2120-AA64

 
Airworthiness Directives; McDonnell Douglas Corporation Model MD-
90-30 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are superseding an existing airworthiness directive (AD) 
for the products listed above. That AD currently requires modifying the 
auxiliary hydraulic power system (including doing all applicable 
related investigative and corrective actions). This new AD requires 
these same actions, using corrected service information. This AD was 
prompted by fuel system reviews conducted by the manufacturer, as well 
as reports of electrically shorted wires in the right wheel well and 
evidence of arcing on the auxiliary hydraulic pump power cables, which 
are routed within the tire burst area. We are issuing this AD to 
prevent electrically shorted wires or arcing at the auxiliary hydraulic 
pump power cables, 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.

DATES: This AD is effective November 18, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of November 18, 
2010.

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: 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; e-mail ken.sujishi@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to supersede airworthiness directive (AD) 2009-07-04, amendment 
39-15863 (74 FR 14460, March 31, 2009). That AD applies to the 
specified products. The NPRM published in the Federal Register on June 
28, 2010 (75 FR 36577). That NPRM proposed to continue to require 
modifying the auxiliary hydraulic power system (including doing all 
applicable related investigative and corrective actions), using 
corrected service information.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting the AD as proposed.

Costs of Compliance

    We estimate that this AD affects 21 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Action                         Labor cost                Parts cost           Cost per product             Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Modification.......................  Between 4 and 11 work-hours  Up to $4,870..........  Between $5,210 and     Between $109,410 and $121,905.
                                      x $85 per hour = Between                             $5,805.
                                      $340 and $935.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

[[Page 63040]]

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),
    (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 removing airworthiness directive (AD) 
2009-07-04, Amendment 39-15863 (74 FR 14460, March 31, 2009), and 
adding the following new AD:

2010-21-16 McDonnell Douglas Corporation: Amendment 39-16476; Docket 
No. FAA-2010-0554; Directorate Identifier 2010-NM-082-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective November 18, 
2010.

Affected ADs

    (b) This AD supersedes AD 2009-07-04, Amendment 39-15863.

Applicability

    (c) This AD applies to McDonnell Douglas Corporation Model MD-
90-30 airplanes, certificated in any category; as identified in 
Boeing Alert Service Bulletin MD90-29A021, Revision 2, dated March 
16, 2010.

Subject

    (d) Air Transport Association (ATA) of America Code 29: 
Hydraulic Power.

Unsafe Condition

    (e) This AD results from fuel system reviews conducted by the 
manufacturer, as well as reports of electrically shorted wires in 
the right wheel well and evidence of arcing on the auxiliary 
hydraulic pump power cables, which are routed within the tire burst 
area. The Federal Aviation Administration is issuing this AD to 
prevent electrically shorted wires or arcing at the auxiliary 
hydraulic pump power cables, 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

    (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.

Replacement

    (g) 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, in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin MD90-
29A021, Revision 2, dated March 16, 2010. Do all applicable related 
investigative and corrective actions before further flight.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, Los Angeles Aircraft Certification Office, 
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: 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.
    (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

    (i) For more information about this AD, 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; e-mail 
ken.sujishi@faa.gov.

Material Incorporated by Reference

    (j) You must use the service information contained in Boeing 
Alert Service Bulletin MD90-29A021, Revision 2, dated March 16, 
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 Boeing Alert Service Bulletin MD90-
29A021, Revision 2, dated March 16, 2010, 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, 
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.

    Issued in Renton, Washington, on October 1, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-25440 Filed 10-13-10; 8:45 am]
BILLING CODE 4910-13-P
```