12236 Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Rules and Regulations 

Issued in Renton, Washington, on February 

20, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–5966 Filed 3–23–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0846; Directorate 

Identifier 2008–NM–045–AD; Amendment 

39–15857; AD 2009–06–20] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 757–200, 757–200PF, and 757– 

300 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Boeing Model 757–200, 757–200PF, and 

757–300 series airplanes. This AD 

requires, for certain airplanes, 

measuring the electrical bond resistance 

at certain stations and doing any 

applicable repair; installing support 

brackets for the hot short protector and 

new support clamps for the wire 

bundles; installing the equipment of the 

hot short protector; and modifying an 

existing wire bundle and installing a 

new wire bundle. This AD also requires, 

for certain other airplanes, measuring 

the electrical bond resistance at certain 

stations, measuring the electrical 

bonding resistance between the hot 

short protector and rear spar web, and 

doing any applicable repair. This AD 

also requires revising the Airworthiness 

Limitations section of the Instructions 

for Continued Airworthiness. This AD 

results from fuel system reviews 

conducted by the manufacturer. We are 

issuing this AD to prevent the center 

fuel tank densitometer from overheating 

and becoming a potential ignition 

source inside the fuel tank, which, in 

combination with flammable fuel 

vapors, could result in a center fuel tank 

explosion and consequent loss of the 

airplane. 

DATES: This AD is effective April 28, 

2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of April 28, 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: Jen 

Pei, Aerospace Engineer, Systems and 

Equipment Branch, ANM–130S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue SW., Renton, 

Washington 98057–3356; telephone 

(425) 917–6409; 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 757–200, 757– 

200PF, and 757–300 series airplanes. 

That NPRM was published in the 

Federal Register on August 7, 2008 (73 

FR 45895). That NPRM proposed to 

require, for certain airplanes, measuring 

the electrical bond resistance at certain 

stations and doing any applicable 

repair; installing support brackets for 

the hot short protector and new support 

clamps for the wire bundles; installing 

the equipment of the hot short protector; 

and modifying an existing wire bundle 

and installing a new wire bundle. That 

NPRM also proposed to require, for 

certain other airplanes, measuring the 

electrical bond resistance at certain 

stations, measuring the electrical 

bonding resistance between the hot 

short protector and rear spar web, and 

doing any applicable repair. That NPRM 

also proposed to require revising the 

Airworthiness Limitations section of the 

Instructions for Continued 

Airworthiness. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the two comments received. 

Support for the NPRM 

Boeing concurs with the NPRM. 

Request to Exempt Cargo-Only 

Airplanes 

Air Transport Association, on behalf 

of one of its members, UPS, proposes 

that cargo-only airplanes be exempt 

from installing the hot short protector 

specified in the NPRM, based on the 

same reasons used to exclude cargo-only 

airplanes in Federal Aviation 

Regulations change, ‘‘Reduction of Fuel 

Tank Flammability in Transport 

Category Airplanes,’’ Docket FAA– 

2005–22997 (Final Rule issued July 9, 

2008, amendment numbers 25–125, 26– 

2, 121–340, 125–55, and 129–46): 

• Cargo operations are predominately 

at night when outside temperatures are 

lower. 

• Cargo operators turn off packs prior 

to takeoff. 

• Cargo operators have fewer daily 

flights (2) compared to passenger 

operators (4–6). 

• The cost/benefit does not justify 

retrofit on current cargo aircraft. 

UPS recommends that all cargo-only 

airplanes currently in operation be 

exempt from the retrofit/installation 

portion of the NPRM and service 

bulletin. UPS is of the opinion that 

changing the Instructions for Continuing 

Airworthiness and maintenance 

programs to perform bonding checks 

will be sufficient in addressing the 

potential short issue in existing cargoonly airplanes. UPS does not object to 

new cargo-only airplanes having the hot 

short protector installed. 

We do not agree with the request to 

exempt cargo-only airplanes from the 

requirements of this AD. Although the 

fuel tank flammability reduction rule 

(mentioned previously) provides 

important safety improvements, it was 

not intended to address any specific 

identified unsafe conditions. Instead, 

that rule provides an additional layer of 

protection when unidentified and 

uncorrected fuel tank ignition sources 

develop. This AD, however, addresses 

an identified ignition source in the fuel 

tank system. While the factors 

mentioned by the operator may reduce 

the probability that this ignition source 

will actually cause a fuel tank 

explosion, they do not justify allowing 

this known ignition source to continue 

to exist when practical means exist to 

eliminate it. We have not changed the 

AD in this regard. 

Actions Since NPRM Was Issued 

We have reviewed Airworthiness 

Limitation (AWL) No. 28-AWL–22 of 

Subsection G of Section 9, D622N001– 

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Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Rules and Regulations 12237 

9 Revision December 2008 of the Boeing 

757 Maintenance Planning Data (MPD) 

Document (‘‘Revision December 2008 of 

the MPD’’). In the NPRM we referred to 

AWL No. 28-AWL–22 of Revision 

November 2007 of the MPD. AWL No. 

28-AWL–22 has not changed. We have 

revised paragraph (h) of this AD to refer 

to AWL No. 28-AWL–22 of Revision 

December 2008 of the MPD; added 

paragraph (k) to the AD giving credit for 

AWL No. 28-AWL–22 done in 

accordance with Revisions January 

2007, November 2007, and March 2008 

of the MPD; and re-identified the 

subsequent paragraphs accordingly. 

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 433 

airplanes of U.S. registry. The following 

table provides the estimated costs for 

U.S. operators to comply with this AD. 

ESTIMATED COSTS

Action Work hours Average labor 

rate per hour Parts 1 Cost per product 1

Number of 

U.S.-registered 

airplanes 

Fleet cost 1

Groups 1–3; measurement, installations, 

and modification.

8 $80 Between $14,110 

and $14,215.

Between $14,750 

and $14,855.

432 Between 

$6,372,000 and 

$6,417,360. 

Group 4; measurements 2 $80 None ....................... $160 ....................... 1 $160. 

AWL Revision ................ 1 $80 None ....................... $80 ......................... 433 $34,640. 

1 Depending on airplane configuration. 

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: 

2009–06–20 Boeing: Amendment 39–15857. 

Docket No. FAA–2008–0846; Directorate 

Identifier 2008–NM–045–AD. 

Effective Date 

(a) This airworthiness directive (AD) is 

effective April 28, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Boeing Model 757– 

200, 757–200PF, and 757–300 series 

airplanes, certificated in any category; as 

identified in Boeing Alert Service Bulletin 

757–28A0085, Revision 2, dated December 

11, 2007. 

Note 1: This AD requires revisions to 

certain operator maintenance documents to 

include new inspections. Compliance with 

these inspections is required by 14 CFR 

91.403(c). For airplanes that have been 

previously modified, altered, or repaired in 

the areas addressed by these inspections, the 

operator may not be able to accomplish the 

inspections described in the revisions. In this 

situation, to comply with 14 CFR 91.403(c), 

the operator must request approval for an 

alternative method of compliance (AMOC) 

according to paragraph (m) of this AD. The 

request should include a description of 

changes to the required inspections that will 

ensure the continued operational safety of 

the airplane. 

Unsafe Condition 

(d) This AD results from fuel system 

reviews conducted by the manufacturer. We 

are issuing this AD to prevent the center fuel 

tank densitometer from overheating and 

becoming a potential ignition source inside 

the fuel tank, which, in combination with 

flammable fuel vapors, could result in a 

center fuel tank explosion and consequent 

loss of the airplane. 

Compliance 

(e) Comply with this AD within the 

compliance times specified, unless already 

done. 

Measurement, Installation, Modifications, 

Replacement, and Repair 

(f) For Groups 1 through 3 airplanes, as 

identified in Boeing Alert Service Bulletin 

757–28A0085, Revision 2, dated December 

11, 2007 (‘‘the service bulletin’’): Within 60 

months after the effective date of this AD, do 

the measurement, installations, 

modifications, replacement, and applicable 

repair by accomplishing all the applicable 

actions specified in the Accomplishment 

Instructions of the service bulletin. Do the 

applicable repair before further flight. 

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12238 Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Rules and Regulations 

Measure and Repair 

(g) For Group 4 airplanes, as identified in 

Boeing Alert Service Bulletin 757–28A0085, 

Revision 2, dated December 11, 2007 (‘‘the 

service bulletin’’): Within 60 months after the 

effective date of this AD, do the 

measurements and applicable repair by 

accomplishing all the applicable actions 

specified in the Accomplishment 

Instructions of the service bulletin. Do the 

applicable repair before further flight. 

Airworthiness Limitations (AWLs) Revision 

for AWL No. 28–AWL–22 

(h) Concurrently with accomplishing the 

actions required by paragraphs (f) and (g) of 

this AD, revise the AWLs section of the 

Instructions for Continued Airworthiness 

(ICA) by incorporating AWL No. 28–AWL–22 

of Subsection G of Section 9, D622N001–9 

Revision December 2008 of the Boeing 757 

Maintenance Planning Data (MPD) 

Document. 

No Alternative Critical Design Configuration 

Control Limitations (CDCCLs) 

(i) After accomplishing the action specified 

in paragraph (h) of this AD, no alternative 

CDCCLs may be used unless the CDCCLs are 

approved as an AMOC in accordance with 

the procedures specified in paragraph (k) of 

this AD. 

Credit for Actions Done According to 

Previous Issues of the Service Information 

(j) Actions done before the effective date of 

this AD in accordance with Boeing Alert 

Service Bulletin 757–28A0085, Revision 1, 

dated April 16, 2007, are acceptable for 

compliance with the requirements of 

paragraphs (f) and (g) of this AD. 

(k) Actions done before the effective date 

of this AD in accordance with AWL No. 28– 

AWL–22 of Subsection G of Section 9 

D622N001–9, Revision January 2007, 

Revision November 2007, or Revision March 

2008 of the Boeing 757 Maintenance 

Planning Data (MPD) Document, are 

acceptable for compliance with the 

requirements of paragraph (h) of this AD. 

Terminating Action for AWLs Revision 

(l) Incorporating AWL No. 28–AWL–22 

into the AWLs section of the ICA in 

accordance with paragraph (g)(3) of AD 

2008–10–11, amendment 39–15517, 

terminates the action specified in paragraph 

(h) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(m)(1) The Manager, Seattle Aircraft 

Certification Office, FAA, ATTN: Jen Pei, 

Aerospace Engineer, Systems and Equipment 

Branch, ANM–130S, FAA, Seattle ACO, 1601 

Lind Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 917–6409; fax 

(425) 917–6590; has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. 

(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 appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

Material Incorporated by Reference 

(n) You must use Boeing Alert Service 

Bulletin 757–28A0085, Revision 2, dated 

December 11, 2007; and Section 9, 

D622N001–9 Revision December 2008 of the 

Boeing 757 Maintenance Planning Data 

(MPD) Document; as applicable; 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, 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 March 

12, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–5962 Filed 3–23–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0224; Directorate 

Identifier 2007–NM–302–AD; Amendment 

39–15852; AD 2009–06–15] 

RIN 2120–AA64 

Airworthiness Directives; Fokker 

Model F.27 Mark 050 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is superseding an 

existing airworthiness directive (AD) 

that applies to certain Fokker Model 

F.27 Mark 050 airplanes. The existing 

AD currently requires repetitive visual 

checks for oil leaks of both engines 

between the spinner and the engine 

cowling, and directly behind the heated 

intake lip of the engine; repetitive 

inspections for oil leaks at the feathering 

pump on both engines; and corrective 

actions if necessary. This new AD 

retains the requirements of the existing 

AD. This AD also requires replacing the 

outlet port (high-pressure) bobbin with 

a new, improved outlet port (highpressure) bobbin, which terminates the 

repetitive visual checks and inspections. 

This AD results from reports of oil 

leakage at the engine feathering pump. 

We are issuing this AD to prevent oil 

loss from the feathering pump, which 

could cause the engine to shut down in 

flight. 

DATES: This AD becomes effective April 

8, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of April 8, 2009. 

On October 21, 2005 (70 FR 58300, 

October 6, 2005), the Director of the 

Federal Register approved the 

incorporation by reference of certain 

other publications. 

We must receive comments on this 

AD by April 23, 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 AD, contact Fokker Services B.V., 

Technical Services Dept., P.O. Box 231, 

2150 AE Nieuw-Vennep, the 

Netherlands; telephone +31 (0)252–627– 

350; fax +31 (0)252–627–211; e-mail 

technicalservices.fokkerservices@

stork.com; Internet http:// 

www.myfokkerfleet.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 

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