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[Federal Register Volume 76, Number 63 (Friday, April 1, 2011)]
[Rules and Regulations]
[Pages 18022-18024]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6633]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0958; Directorate Identifier 2010-NM-188-AD; 
Amendment 39-16641; AD 2011-07-04]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model DC-9-14, DC-9-
15, and DC-9-15F Airplanes; and DC-9-20, DC-9-30, DC-9-40, and DC-9-50 
Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

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 new in-line fuses 
for the fuel level float switch and new in-line fuses for the pressure 
switch, as applicable, and changing the wiring. The proposed actions 
would affect the left and right wing forward spars, center wing forward 
spar, forward auxiliary fuel tank, and aft auxiliary fuel tank, as 
applicable. 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 May 6, 2011.
    The Director of the Federal Register approved the incorporation by 
reference

[[Page 18023]]

of a certain publication listed in the AD as of May 6, 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, 3960 Paramount Boulevard, Lakewood, California 90712-4137; 
phone: 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 published in the Federal Register on 
October 8, 2010 (75 FR 62331). That NPRM proposed to require installing 
new in-line fuses for the fuel level float switch and new in-line fuses 
for the pressure switch, as applicable, and changing the wiring.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Request Revision of FAA AD 2008-11-15

    Aeropostal requested that we issue this AD as a revision to 
existing AD 2008-11-15. Aeropostal stated that the requirement of 
installing fuses in the proposed AD is incorporated by Boeing Critical 
Design Configuration Control Limitation (CDCCL) 20-13 of Twinjet 
Special Compliance Items Report, MDC-92K9145, Revision J, dated January 
26, 2010.
    We disagree with the request to revise AD 2008-11-15. AD 2008-11-15 
requires incorporation of Boeing Twinjet Special Compliance Items 
Report, MDC-92K9145, Revision G, dated June 7, 2007, which does not 
include CDCCL 20-13. This proposed AD does not require incorporating 
CDCCL 20-13. This AD requires the installation of new in-line fuses for 
the fuel level float switch and new in-line fuses for the pressure 
switch. We might consider future rulemaking to revise AD 2008-11-15 to 
include CDCCL 20-13. No change has been made to AD 2008-11-15 or this 
AD in this regard.

Request for Clarification

    Aeropostal requested clarification concerning the NPRM and whether 
it will satisfy the requirements of AD 2008-11-15.
    We agree that clarification is needed. AD 2008-11-15 requires 
revising the maintenance program or the Airworthiness Limitations (AWL) 
section of the Instructions for Continued Airworthiness to incorporate 
new AWLs for fuel tank systems, in accordance with Boeing Twinjet 
Special Compliance Items Report, MDC-92K9145, Revision G, dated June 7, 
2007. This AD has different requirements including the installation of 
new in-line fuses for the fuel level float switch and new in-line fuses 
for the pressure switches. No change has been made to this AD in this 
regard.

Explanation of Change Made to the 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 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 have determined that 
this change:
     Is consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
     Does not add any additional burden upon the public than 
was already proposed in the NPRM.
    We also determined that this change 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 275 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                Cost on U.S.
        Action                Labor cost             Parts cost         Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Installation..........  Up to 17 work-hours x  Between $289 and       Between $1,734 and    Between $476,850 and
                         $85 per hour = Up to   $1,449\1\.             $2,894\1\.            $795,850.\1\
                         $1,445\1\.
----------------------------------------------------------------------------------------------------------------
\1\ Depending on airplane group as identified in Boeing Service Bulletin DC9-28-217, Revision 1, dated August
  12, 2010.

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

[[Page 18024]]

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

    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):

2011-07-04 The Boeing Company: Amendment 39-16641; Docket No. FAA-
2010-0958; Directorate Identifier 2010-NM-188-AD.

Effective Date

    (a) This AD is effective May 6, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to The Boeing Company Model DC-9-14, DC-9-
15, DC-9-15F, DC-9-21, DC-9-31, DC-9-32, DC-9-32 (VC-9C), DC-9-32F, 
DC-9-32F (C-9A), DC-9-32F (C9-B), DC-9-33F, DC-9-34, DC-9-34F, DC-9-
41, and DC-9-51 airplanes, certificated in any category; as 
identified in Boeing Service Bulletin DC9-28-217, Revision 1, dated 
August 12, 2010.

Subject

    (d) Joint Aircraft System Component (JASC)/Air Transport 
Association (ATA) of America Code 28: Fuel.

Unsafe Condition

    (e) 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.

Compliance

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

Installation

    (g) Within 60 months after the effective date of this AD: 
Install new in-line fuses for the fuel level float switch and new 
in-line fuses for the pressure switch, as applicable; and change the 
wiring; on the left and right wing forward spars, center wing 
forward spar, forward auxiliary fuel tank, and aft auxiliary fuel 
tank, as applicable; in accordance with the Accomplishment 
Instructions of Boeing Service Bulletin DC9-28-217, Revision 1, 
dated August 12, 2010.

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (h) Actions done before the effective date of this AD in 
accordance with Boeing Service Bulletin DC9-28-217, dated December 
1, 2009, are acceptable for compliance with the requirements of 
paragraph (g) of this AD.

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. 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 
attention of the person identified in the Related Information 
section of this AD.
    (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.

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; 
phone: 562-627-5262; fax: 562-627-5210; e-mail: Samuel.Lee@faa.gov.

Material Incorporated by Reference

    (k) You must use Boeing Service Bulletin DC9-28-217, Revision 1, 
dated August 12, 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.

    Issued in Renton, Washington, on March 14, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-6633 Filed 3-31-11; 8:45 am]
BILLING CODE 4910-13-P
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