Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations 15841 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–1324; Directorate 

Identifier 2008–NM–101–AD; Amendment 

39–15875; AD 2009–08–02] 

RIN 2120–AA64 

Airworthiness Directives; McDonnell 

Douglas Model DC–8–50 Series 

Airplanes; Model DC–8F–54 and DC– 

8F–55 Airplanes; Model DC–8–60 

Series Airplanes; Model DC–8–60F 

Series Airplanes; Model DC–8–70 

Series Airplanes; and Model DC–8–70F 

Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all 

McDonnell Douglas airplanes identified 

above. This AD requires revising the 

airplane flight manual to provide the 

flightcrew with procedures to preclude 

dry running of the fuel pumps. This AD 

results from fuel system reviews 

conducted by the manufacturer. We are 

issuing this AD to prevent pump inlet 

friction (i.e., overheating or sparking) 

when the fuel pumps are continually 

run as the center wing fuel tank 

becomes empty, and/or electrical arc 

burnthrough, which could result in a 

fuel tank fire or explosion. 

DATES: This AD is effective May 13, 

2009. 

ADDRESSES:

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: 

William Bond, Aerospace Engineer, 

Propulsion Branch, ANM–140L, FAA, 

Los Angeles Aircraft Certification 

Office, 3960 Paramount Boulevard, 

Lakewood, California 90712–4137; 

telephone (562) 627–5253; 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 all 

McDonnell Douglas Model DC–8–50 

series airplanes; Model DC–8F–54 and 

DC–8F–55 airplanes; Model DC–8–60 

series airplanes; Model DC–8–60F series 

airplanes; Model DC–8–70 series 

airplanes; and Model DC–8–70F series 

airplanes. That NPRM was published in 

the Federal Register on December 23, 

2008 (73 FR 78678). That NPRM 

proposed to require revising the 

airplane flight manual to provide the 

flightcrew with procedures to preclude 

dry running of the fuel pumps. 

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 will affect 

156 airplanes of U.S. registry. We also 

estimate that it will take about 1 workhour per product to comply with this 

AD. The average labor rate is $80 per 

work-hour. Based on these figures, we 

estimate the cost of this AD to the U.S. 

operators to be $12,480, or $80 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, 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: 

2009–08–02 McDonnell Douglas: 

Amendment 39–15875. Docket No. 

FAA–2008–1324; Directorate Identifier 

2008–NM–101–AD. 

Effective Date 

(a) This airworthiness directive (AD) is 

effective May 13, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all McDonnell 

Douglas airplanes identified in Table 1 of this 

AD, certificated in any category. 

TABLE 1—APPLICABILITY

Model 

(1) DC–8–51, DC–8–52, DC–8–53, and DC– 

8–55 airplanes. 

(2) DC–8F–54 and DC–8F–55 airplanes. 


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15842 Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations 

TABLE 1—APPLICABILITY—Continued 

Model 

(3) DC–8–61, DC–8–62, and DC–8–63 airplanes. 

(4) DC–8–61F, DC–8–62F, and DC–8–63F 

airplanes. 

(5) DC–8–71, DC–8–72, and DC–8–73 airplanes. 

(6) DC–8–71F, DC–8–72F, and DC–8–73F 

airplanes. 

Unsafe Condition 

(d) This AD results from fuel system 

reviews conducted by the manufacturer. We 

are issuing this AD to prevent pump inlet 

friction (i.e., overheating or sparking) when 

the fuel pumps are continually run as the 

center wing fuel tank becomes empty, and/ 

or electrical arc burnthrough, which could 

result in a fuel tank fire or explosion. 

Compliance 

(e) Comply with this AD within the 

compliance times specified, unless already 

done. 

Airplane Flight Manual (AFM) Revision 

(f) Within 14 days after the effective date 

of this AD, revise the Certificate Limitations 

Section of the Boeing DC–8 AFM to include 

the following procedures that preclude dry 

running of fuel pumps and/or electrical arc 

burnthrough (this may be done by inserting 

a copy of this AD into the AFM): 

‘‘During level flight, the applicable 

alternate or center wing auxiliary tank boost 

pump switch must be placed in the OFF 

position no more than 5 minutes after the 

auto fill light is continuously illuminated. 

DO NOT reset any tripped fuel pump 

circuit breakers.’’ 

Alternative Methods of Compliance 

(AMOCs) 

(g)(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. Send information to ATTN: 

William Bond, Aerospace Engineer, 

Propulsion Branch, ANM–140L, FAA, Los 

Angeles ACO, 3960 Paramount Boulevard, 

Lakewood, California 90712–4137; telephone 

(562) 627–5253; 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 appropriate principal inspector 

(PI) in the FAA Flight Standards District 

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

FSDO. 

Material Incorporated by Reference 

(h) None. 

Issued in Renton, Washington, on March 

30, 2009. 

Steve Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–7791 Filed 4–7–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–1129; Airspace 

Docket No. 08–ANM–7] 

Establishment of Class E Airspace; 

Ten Sleep, WY 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action will establish 

Class E airspace at Ten Sleep, WY. 

Additional controlled airspace is 

necessary to accommodate aircraft using 

a new Area Navigation (RNAV) Global 

Positioning System (GPS) Standard 

Instrument Approach Procedure (SIAP) 

at Red Reflet Ranch Airport, Ten Sleep, 

WY. This will improve the safety of 

Instrument Flight Rules (IFR) aircraft 

executing the new RNAV GPS SIAP at 

Red Reflet Ranch Airport, Ten Sleep, 

WY. 

DATES: Effective Date: 0901 UTC, July 2, 

2009. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR part 51, 

subject to the annual revision of FAA 

Order 7400.9 and publication of 

conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue, SW., Renton, WA 98057; 

telephone (425) 203–4537. 

SUPPLEMENTARY INFORMATION: 

History 

On February 13, 2009, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to 

establish controlled airspace at Ten 

Sleep, WY (74 FR 7204). Interested 

parties were invited to participate in 

this rulemaking effort by submitting 

written comments on the proposal to the 

FAA. No comments were received. 

Class E airspace designations are 

published in paragraph 6005 of FAA 

Order 7400.9S signed October 3, 2008, 

and effective October 31, 2008, which is 

incorporated by reference in 14 CFR 

part 71.1. The Class E airspace 

designations listed in this document 

will be published subsequently in that 

Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

establishing Class E airspace at Ten 

Sleep, WY. Controlled airspace is 

necessary to accommodate IFR aircraft 

executing new RNAV (GPS) SIAPs at 

Red Reflet Ranch Airport, Ten Sleep, 

WY. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (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) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the U.S. Code. Subtitle 1, 

Section 106 discusses the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the agency’s 

authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it establishes 

controlled airspace at Red Reflet Ranch 

Airport, Ten Sleep, WY. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of the Federal Aviation 

Administration Order 7400.9S, Airspace 


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