Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Rules and Regulations 14463 

Actions Compliance Procedures 

(1) Insert the following into the Limitations section of the airplane flight manual (AFM): ‘‘Operate Only under Day Visual Flight Rules 

(VFR).’’ You may remove the limitations 

specified in this paragraph after doing the action required in paragraphs (e)(2) and (e)(3) 

of this AD, as applicable.

Before further flight after May 5, 2009 (the effective date of this AD). Under 14 CFR 43.7, the owner/operator holding at least a private pilot certificate is allowed to insert the information into the AFM 

as specified in paragraph (e)(1) of this AD. 

You may insert a copy of this AD into the 

Limitations section of the AFM to comply 

with this action. Make an entry into the aircraft logbook showing compliance with this 

portion of the AD per compliance with 14 

CFR 43.9. 

(2) Inspect the 35-amp and 250-amp current 

limiters for installation in the proper location.

Within 100 hours time-in-service after May 5, 

2009 (the effective date of this AD). 

Follow Piper Aircraft, Inc. Service Bulletin No. 

2000, dated September 16, 2008. 

(3) If you find any current limiter not in the 

proper location, reinstall the current limiter in 

the proper location.

Before further flight after the inspection required in paragraph (e)(2) of this AD. Follow Piper Aircraft, Inc. Service Bulletin No. 

2000, dated September 16, 2008. 

Alternative Methods of Compliance 

(AMOCs) 

(f) The Manager, Atlanta 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. Send information to ATTN: John 

Lee, Aerospace Engineer, One Crown Center, 

1895 Phoenix Blvd., Suite 450, Atlanta, 

Georgia 30349; telephone: (770) 994–6736; 

fax: (770) 703–6097. 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 

(g) You must use Piper Aircraft, Inc. 

Service Bulletin No. 2000, dated September 

16, 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 Piper Aircraft, Inc., 2926 

Piper Drive, Vero Beach, Florida 32960; 

telephone: (772) 978–6573; Internet: http:// 

www.newpiper.com/company/ 

publications.asp. 

(3) You may review copies of the service 

information incorporated by reference for 

this AD at the FAA, Central Region, Office of 

the Regional Counsel, 901 Locust, Kansas 

City, Missouri 64106. For information on the 

availability of this material at the Central 

Region, call (816) 329–3768. 

(4) You may also review copies of the 

service information incorporated by reference 

for this AD 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 Kansas City, Missouri, on March 

24, 2009. 

John R. Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–6986 Filed 3–30–09; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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 

dse.boecom@boeing.com; 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 


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14464 Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Rules and Regulations 

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 

■ 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: 

2009–07–07 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) 


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Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Rules and Regulations 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 

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 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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–23646; Directorate 

Identifier 2006–CE–005–AD; Amendment 

39–15849; AD 2006–08–08 R1] 

RIN 2120–AA64 

Airworthiness Directives; Air Tractor, 

Inc. Models AT–400, AT–401, AT–401B, 

AT–402, AT–402A, and AT–402B 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) to revise 

AD 2006–08–08, which applies to 

certain Air Tractor, Inc. (Air Tractor) 

Models AT–400, AT–401, AT–401B, 

AT–402, AT–402A, and AT–402B 

airplanes. AD 2006–08–08 currently 

requires you to repetitively eddy current 

inspect the wing lower spar cap in order 

to reach the safe life and, for certain 

Models AT–402A and AT–402B 

airplanes and those that incorporate or 

have incorporated Marburger 

Enterprises, Inc. (Marburger) winglets, 

lowers the safe life for the wing lower 

spar cap. Since we issued AD 2006–08– 

08, we have received information to 

update inspection intervals for the 

Models AT–401B, AT–402A, and AT– 

402B airplanes based on a revised 

damage tolerance analysis. 

Consequently, this AD would not only 

retain the actions of AD 2006–08–08, 

but would reduce the number of 

repetitive inspections for all affected 

Model AT–401B airplanes and certain 

Models AT–402A and AT–402B 

airplanes. We are issuing this AD to 

prevent fatigue cracks from occurring in 

the wing lower spar cap before the 

originally established safe life is 

reached. Fatigue cracks in the wing 

lower spar cap, if not detected and 

corrected, could result in wing 

separation and loss of control of the 

airplane. 

DATES: This AD becomes effective on 

May 5, 2009. 

As of April 21, 2006 (71 FR 19986, 

April 19, 2006), the Director of the 

Federal Register approved the 

incorporation by reference of Snow 

Engineering Co. Drawing 21088, dated 

November 3, 2004; Snow Engineering 

Co. Process Specification 197, page 1, 

revised June 4, 2002, pages 2 through 4, 

dated February 23, 2001, and page 5, 

dated May 3, 2002; and Snow 

Engineering Co. Service Letter 202, page 

3, dated October 16, 2000, listed in this 

AD. 

ADDRESSES: For service information 

identified in this AD, contact Air 

Tractor, Incorporated, P.O. Box 485, 

Olney, Texas 76374; telephone: (940) 

564–5616; facsimile: (940) 564–5612; 

Internet: http://www.airtractor.com; or 

Marburger Enterprises, Inc., 1227 

Hillcourt, Williston, North Dakota 

58801; telephone: (800) 893–1420 or 

(701) 774–0230; facsimile: (701) 572– 

2602. 

To view the AD docket, go to U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, or on the Internet at http:// 

www.regulations.gov. The docket 

number is FAA–2006–23646; 

Directorate Identifier 2006–CE–005–AD. 

FOR FURTHER INFORMATION CONTACT: 

Direct all questions to: 

—For airplanes that do not incorporate 

and never have incorporated 

Marburger winglets: Rob Romero, 

Aerospace Engineer, FAA, Fort Worth 

Airplane Certification Office, 2601 

Meacham Boulevard, Fort Worth, 

Texas 76193–0150; telephone: (817) 

222–5102; facsimile: (817) 222–5960; 

and 

—For airplanes that incorporate or have 

incorporated Marburger Enterprises, 

Inc. winglets: John Cecil, Aerospace 

Engineer, Los Angeles Aircraft 

Certification Office, FAA, 3960 

Paramount Boulevard, Lakewood, 

California 90712; telephone: (562) 

627–5228; facsimile: (562) 627–5210. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On December 4, 2008, we issued a 

proposal to amend part 39 of the Federal 

Aviation Regulations (14 CFR part 39) to 

include an AD that would apply to 

certain Air Tractor Models AT–400, 

AT–401, AT–401B, AT–402, AT–402A, 

and AT–402B airplanes. This proposal 

was published in the Federal Register 

as a notice of proposed rulemaking 

(NPRM) on December 10, 2008 (73 FR 

74999). The NPRM proposed to revise 

AD 2006–08–08 with a new AD that 

would not only retain the actions of AD 

2006–08–08, but would reduce the 

number of repetitive inspections for all 

affected Model AT–401B airplanes and 

certain Models AT–402A and AT–402B 

airplanes. 

The following table contains AD 

actions that address the wing spar safe 

life of the Air Tractor airplane fleet: 


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