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[Federal Register Volume 74, Number 60 (Tuesday, March 31, 2009)]
[Rules and Regulations]
[Pages 14463-14465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7001]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1155; Directorate Identifier 2008-NM-146-AD; 
Amendment 39-15866; AD 2009-07-07]
RIN 2120-AA64

Airworthiness Directives; McDonnell Douglas Model 717-200 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
McDonnell Douglas Model 717-200 airplanes. This AD requires modifying 
the wire installation of the auxiliary hydraulic pump in the right 
wheel well of the main landing gear (MLG). This AD results from fuel 
system reviews conducted by the manufacturer. We are issuing this AD to 
prevent a tire burst when the MLG is in the retracted position from 
causing damage to the wire assembly of the auxiliary hydraulic pump and 
subsequent electrical arcing, creating the potential of an ignition 
source to the center wing tank, 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 May 5, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of May 5, 2009.

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 
[email protected]; Internet https://www.myboeingfleet.com. The 
service information is also available at http://www.regulations.gov.

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: 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.

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 McDonnell Douglas Model 717-200 airplanes. That NPRM was

[[Page 14464]]

published in the Federal Register on October 31, 2008 (73 FR 64892). 
That NPRM proposed to require modifying the wire installation of the 
auxiliary hydraulic pump in the right wheel well of the main landing 
gear.

Comments

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

Request To Reduce Compliance Time

    The Air Line Pilots Association, International (ALPA), asks that 
the compliance time for the modification in the NPRM be reduced. ALPA 
states that the 60-month compliance time is excessive given the 
potential consequences and adds that, since the wiring modification is 
estimated to take only 11 work hours per airplane, a shorter compliance 
time is recommended. ALPA suggests the compliance time be reduced to 24 
months.
    We do not agree to reduce the compliance time required by this AD. 
The compliance time was part of a Special Federal Aviation Regulation 
No. 88 (SFAR 88) safety analysis that consisted of a total package of 
mandated actions for each airplane model. The probability of failure 
and the burden on operators were considered when developing and 
applying consistent compliance times to all SFAR 88 rulemaking actions. 
In developing the 60-month compliance time for this AD action, we also 
considered not only the safety implications of the identified unsafe 
condition, but the average utilization rate of the affected fleet, and 
the practical aspects of an orderly modification of the fleet during 
regular maintenance periods. In addition, we considered the 
manufacturer's recommendation for an appropriate compliance time. After 
considering all the available information, we determined that 
performing the actions within 60 months represents an appropriate 
interval of time in which the required actions can be performed in a 
timely manner within the affected fleet, while still maintaining an 
adequate level of safety. In addition, operators can always comply with 
the required actions earlier than the compliance time in the AD. We 
have made no change to the AD in this regard.

Conclusion

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

Costs of Compliance

    We estimate that this AD affects 8 airplanes of U.S. registry. We 
also estimate that it takes 11 work-hours per product to comply with 
this AD. The average labor rate is $80 per work-hour. Required parts 
cost is minimal. Based on these figures, we estimate the cost of this 
AD to the U.S. operators to be $7,040, or $880 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

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 adding the following new AD:

2009-07-07 McDonnell Douglas: Amendment 39-15866. Docket No. FAA-
2008-1155; Directorate Identifier 2008-NM-146-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective May 5, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to McDonnell Douglas Model 717-200 
airplanes, certificated in any category; as identified in Boeing 
Alert Service Bulletin 717-29A0009, dated July 31, 2008.

Unsafe Condition

    (d) This AD results from fuel system reviews conducted by the 
manufacturer. We are issuing this AD to prevent a tire burst when 
the main landing gear (MLG) is in the retracted position from 
causing damage to the wire assembly of the auxiliary hydraulic pump 
and subsequent electrical arcing, creating the potential of an 
ignition source to the center wing tank, 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.

Installation/Re-Routing

    (f) Within 60 months after the effective date of this AD: Modify 
the wire installation of the auxiliary hydraulic pump in the right 
wheel well of the MLG by doing all the applicable actions specified 
in the Accomplishment Instructions of Boeing Alert Service Bulletin 
717-29A0009, dated July 31, 2008.

Alternative Methods of Compliance (AMOCs)

    (g)(1) The Manager, Los Angeles Aircraft Certification Office, 
FAA, 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)

[[Page 14465]]

627-5210; 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

    (h) You must use Boeing Alert Service Bulletin 717-29A0009, 
dated July 31, 2008, 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 
[email protected]; 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. The service information 
is also available at http://www.regulations.gov.
    (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 17, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E9-7001 Filed 3-30-09; 8:45 am]
BILLING CODE 4910-13-P
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