26288 Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Rules and Regulations 

Amendment Number 6 Effective Date: 

August 17, 2009. 

SAR Submitted by: Holtec 

International. 

SAR Title: Final Safety Analysis 

Report for the HI–STORM 100 Cask 

System. 

Docket Number: 72–1014. 

Certificate Expiration Date: June 1, 

2020. 

Model Number: HI–STORM 100. 

* * * * * 

Dated at Rockville, Maryland, this 7th day 

of May 2009. 

For the Nuclear Regulatory Commission. 

R.W. Borchardt, 

Executive Director for Operations. 

[FR Doc. E9–12619 Filed 6–1–09; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0498; Directorate 

Identifier 2009–NM–065–AD; Amendment 

39–15923; AD 2009–11–13] 

RIN 2120–AA64 

Airworthiness Directives; Learjet 

Model 45 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Learjet Model 45 airplanes. For certain 

airplanes, this AD requires repetitive 

inspections for chafing and other 

damage of the case drain tube from the 

hydraulic pump case installed on the 

left-hand engine, and corrective action if 

necessary. This AD also requires, for all 

airplanes, repetitive inspections for 

discrepancies of the left engine’s nacelle 

tubing, repetitive inspections for 

evidence of fluid leakage within the left 

engine accessory compartment, and 

corrective actions if necessary. This AD 

was prompted by reports of chafed 

hydraulic tubes in the left-hand engine. 

We are issuing this AD to detect and 

correct chafed hydraulic tubes in the 

left-hand engine and consequent 

hydraulic tube failure and uncontrolled 

loss of flammable fluid within the 

engine cowling, which could result in a 

fire in the engine nacelle and loss of 

control of the airplane. 

DATES: This AD is effective June 17, 

2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of June 17, 2009. 

We must receive comments on this 

AD by August 3, 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 Learjet, Inc., One 

Learjet Way, Wichita, Kansas 67209– 

2942; telephone 316–946–2000; fax 

316–946–2220; e-mail 

ac.ict@aero.bombardier.com; Internet 

http://www.bombardier.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 street address for 

the Docket Office (telephone 800–647– 

5527) is in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

James P. Galstad, Aerospace Engineer, 

Systems and Propulsion Branch, ACE– 

116W, FAA, Wichita Aircraft 

Certification Office, 1801 Airport Road, 

Room 100, Mid-Continent Airport, 

Wichita, Kansas 67209; telephone (316) 

946–4135; fax (316) 946–4107. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We have received reports of chafing 

found on hydraulic tubing in the lefthand engine. Specifically, the chafing 

was found on a case drain tube from the 

hydraulic pump case installed on the 

left-hand engine, on the lower forward 

cowl latch structure on the inboard side 

of the engine. Chafing was also found on 

a hydraulic pressure tube, on the 

hydraulic case drain tube on the lefthand engine, and on the hydraulic 

supply tube on the oil reservoir on the 

left-hand engine. Chafed hydraulic 

tubes in the left-hand engine and 

consequent hydraulic tube failure and 

uncontrolled loss of flammable fluid 

within the engine cowling, if not 

corrected, could result in a fire in the 

engine nacelle and loss of control of the 

airplane. 

Relevant Service Information 

We reviewed the following service 

bulletins: 

• Bombardier Alert Service Bulletin 

A45–29–15, dated December 26, 2006. 

• Bombardier Alert Service Bulletin 

A40–29–03, dated December 26, 2006. 

The service bulletins describe 

procedures for a detailed inspection for 

chafing and other damage of the case 

drain tube from the hydraulic pump 

case installed on the left-hand engine. 

The service bulletins also describe 

procedures for repositioning any tube 

that has damage within certain limits 

and replacing any tube that has damage 

that exceeds those limits. 

We have reviewed the following 

temporary revisions (TRs): 

• Learjet 40 Temporary Revision (TR) 

71–1, dated April 28, 2009, to the 

Learjet 40 Maintenance Manual MM– 

105. 

• Learjet 45 TR 71–1, dated April 28, 

2009, to the Learjet 45 Maintenance 

Manual MM–104. 

The TRs describe procedures for 

repetitive detailed inspections for 

discrepancies, including damage to the 

left engine’s nacelle tubing and 

inadequate clearance between any 

unsupported section of the tube or other 

tubing and surrounding components. 

The TRs also describe procedures for 

adjusting the tubing and clamping to 

achieve minimum clearance and 

replacing any tube that has damage 

exceeding certain limits. 

We have reviewed the engine— 

maintenance practices in the following 

maintenance manual documents: 

• Learjet 45 Maintenance Manual 

MM–104, Revision 47, dated March 30, 

2009, Powerplant–Maintenance 

Practices Section 71–00–00 and Engine– 

Maintenance Practices Section 71–00– 

01 (for M45 airplanes). 

• Learjet 40 Maintenance Manual 

MM–105, Revision 15, dated March 30, 

2009, Engine–Maintenance Practices 

Section 71–00–01 (for M40 airplanes). 

The engine–maintenance practices 

sections in the maintenance manuals 

(MMs) describe procedures for a general 

visual inspection for evidence of engine 

oil, hydraulic fluid, or fuel leakage 

within the left engine accessory 

compartment. For airplanes on which 

there is evidence of leakage, the MMs 

describe procedures for removing each 

plumbing clamp within the area affected 

Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Rules and Regulations 26289 

by the service bulletins and MM TRs 

identified in this AD, and cleaning and 

removing all evidence of fluid leakage. 

Tubing clamps that are associated with 

inadequate clearance are replaced with 

new clamps. 

FAA’s Determination and Requirements 

of This AD 

We are issuing this AD because we 

evaluated all the relevant information 

and determined the unsafe condition 

described previously is likely to exist or 

develop in other products of the same 

type design. This AD requires 

accomplishing the actions specified in 

the service information described 

previously, except as discussed below. 

Differences Between the AD and the 

Service Information 

Although the service bulletins 

provide for one-time inspections, this 

AD requires that those inspections be 

repeated, until a terminating action can 

be accomplished to adequately address 

the identified unsafe condition. This 

difference has been coordinated with 

the manufacturer. 

Interim Action 

We consider this AD interim action. 

The manufacturer is currently 

developing a modification that will 

address the unsafe condition identified 

in this AD. Once this modification is 

developed, approved, and available, we 

might consider additional rulemaking. 

FAA’s Justification and Determination 

of the Effective Date 

Chafed hydraulic tubes in the lefthand engine and consequent hydraulic 

tube failure and uncontrolled loss of 

flammable fluid within the engine 

cowling could result in a fire in the 

engine nacelle and loss of control of the 

airplane. Because of our requirement to 

promote safe flight of civil aircraft and 

thus the critical need to ensure the 

proper functioning of the affected 

systems, and because of the short 

compliance time involved with this 

action, this AD must be issued 

immediately. 

Because an unsafe condition exists 

that requires the immediate adoption of 

this AD, we find that notice and 

opportunity for prior public comment 

hereon are impracticable and that good 

cause exists for making this amendment 

effective in less than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not provide you with notice and 

an opportunity to provide your 

comments before it becomes effective. 

However, we invite you to send any 

written data, views, or arguments about 

this AD. Send your comments to an 

address listed under the ADDRESSES

section. Include ‘‘Docket No. FAA– 

2009–0498; Directorate Identifier 2009– 

NM–065–AD’’ at the beginning of your 

comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this AD. We will consider all 

comments received by the closing date 

and may amend this AD because of 

those comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this AD. 

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: 

2009–11–13 Learjet: Amendment 39–15923. 

Docket No. FAA–2009–0498; Directorate 

Identifier 2009–NM–065–AD. 

Effective Date 

(a) This airworthiness directive (AD) is 

effective June 17, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Learjet Model 45 

airplanes, certificated in any category, serial 

numbers 45–002 through 45–4000 inclusive. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 29: Hydraulic power. 

Unsafe Condition 

(e) This AD results from reports of chafed 

hydraulic tubes in the left-hand engine. The 

Federal Aviation Administration is issuing 

this AD to detect and correct chafed 

hydraulic tubes in the left-hand engine and 

consequent hydraulic tube failure and 

uncontrolled loss of flammable fluid within 

the engine cowling, which could result in a 

fire in the engine nacelle and loss of control 

of the airplane. 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Repetitive Inspections: Case Drain Tube 

(g) For airplanes having serial numbers 

identified in Table 1 of this AD: Within 50 

flight hours after the effective date of this AD, 

do a detailed inspection for chafing and other 

damage of the case drain tube from the 

hydraulic pump case installed on the lefthand engine, in accordance with the 

applicable service bulletin identified in Table 

1 of this AD. If any damage is found, before 

further flight, reposition or replace the tube, 

26290 Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Rules and Regulations 

as applicable, in accordance with the 

Accomplishment Instructions of the service 

bulletin identified in Table 1 of this AD, as 

applicable. Repeat the inspection thereafter 

at intervals not to exceed 150 flight hours. 

TABLE 1—SERVICE BULLETINS FOR INSPECTIONS

For— Use— 

Serial numbers 45–005 through 45–313 inclusive (commonly referred 

to as ‘‘M45’’ airplanes).

Bombardier Alert Service Bulletin A45–29–15, dated December 26, 

2006. 

Serial numbers 45–2001 through 45–2063 inclusive (commonly referred to as ‘‘M40’’ airplanes).Bombardier Alert Service Bulletin A40–29–03, dated December 26, 

2006. 

Note 1: For the purposes of this AD, a 

detailed inspection is: ‘‘An intensive 

examination of a specific item, installation, 

or assembly to detect damage, failure, or 

irregularity. Available lighting is normally 

supplemented with a direct source of good 

lighting at an intensity deemed appropriate. 

Inspection aids such as mirror, magnifying 

lenses, etc., may be necessary. Surface 

cleaning and elaborate procedures may be 

required.’’ 

Repetitive Inspections: Nacelle Tubing 

(h) Within 50 flight hours after the effective 

date of this AD, do a detailed inspection for 

discrepancies of the left engine’s nacelle 

tubing, in accordance with the applicable 

temporary revision (TR) identified in Table 2 

of this AD. Discrepancies include damaged 

tubing, and inadequate clearance between 

any unsupported section of the tube or other 

tubing and surrounding components. If any 

discrepancy is found, before further flight, 

adjust the tubing and clamping or replace the 

tubing, as applicable, in accordance with the 

applicable TR identified in Table 2 of this 

AD. Repeat the inspection thereafter at 

intervals not to exceed 150 flight hours. 

TABLE 2—TRS FOR INSPECTIONS

For— Use— 

Serial numbers 45–2001 through 45–4000 inclusive (commonly referred to as ‘‘M40’’ airplanes).Learjet 40 TR 71–1, dated April 28, 2009, to the Learjet 40 Maintenance Manual MM–105. 

Serial numbers 45–002 through 45–2000 inclusive (commonly referred 

to as ‘‘M45’’ airplanes).

Learjet 45 TR 71–1, dated April 28, 2009, to the Learjet 45 Maintenance Manual MM–104. 

Concurrent Inspections: Fluid Leakage 

(i) Concurrently with each inspection 

required by paragraph (h) of this AD, do a 

detailed inspection for evidence of engine 

oil, hydraulic fluid, or fuel leakage within the 

left engine accessory compartment, in 

accordance with the applicable maintenance 

manual section identified in Table 3 of this 

AD. If there is evidence of leakage: Before 

further flight, remove each plumbing clamp 

within the inspection areas specified in 

paragraphs (g) and (h) of this AD, and clean 

and remove all evidence of fluid leakage. 

TABLE 3—MAINTENANCE MANUAL SECTIONS FOR INSPECTIONS

For— Use— 

Serial numbers 45–002 through 45–2000 inclusive (commonly referred 

to as ‘‘M45’’ airplanes).

Section 71–00–00, ‘‘Powerplant—Maintenance Practices,’’ and Section 

71–00–01, ‘‘Engine—Maintenance Practices,’’ of the Learjet 45 Maintenance Manual MM–104, Revision 47, dated March 30, 2009. 

Serial numbers 45–2001 through 45–4000 inclusive (commonly referred to as ‘‘M40’’ airplanes).Section 71–00–01, ‘‘Engine—Maintenance Practices,’’ of the Learjet 40 

Maintenance Manual MM–105, Revision 15, dated March 30, 2009. 

Additional Corrective Action for Fluid 

Leakage and Inadequate Clearance 

(j) If evidence of fluid leakage was found 

during any inspection required by paragraph 

(i) of this AD, or, if inadequate clearance was 

found during any action required by 

paragraph (g) or (h) of this AD: Before further 

flight, replace each clamp associated with the 

fluid leakage or inadequate clearance with a 

new clamp, in accordance with the 

applicable maintenance manual identified in 

Table 3 of this AD. 

Parts Installation 

(k) As of the effective date of this AD, no 

person may re-install, on any airplane, any 

plumbing clamp that has been removed in 

accordance with the requirements of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(l)(1) The Manager, Wichita Aircraft 

Certification Office, 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: James P. Galstad, 

Aerospace Engineer, Systems and Propulsion 

Branch, ACE–116W, FAA, Wichita Aircraft 

Certification Office, 1801 Airport Road, 

Room 100, Mid-Continent Airport, Wichita, 

Kansas 67209; telephone (316) 946–4135; fax 

(316) 946–4107. 

(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 principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

Office. The AMOC approval letter must 

specifically reference this AD. 

Material Incorporated by Reference 

(m) You must use the service information 

contained in Table 4 of this AD to do the 

actions required by this AD, unless the AD 

specifies otherwise. 

Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Rules and Regulations 26291 

TABLE 4—MATERIAL INCORPORATED BY REFERENCE

Document Revision Date 

Bombardier Alert Service Bulletin A40–29–03 ............................................................................ Original ........................ December 26, 2006. 

Bombardier Alert Service Bulletin A45–29–15 ............................................................................ Original ........................ December 26, 2006. 

Learjet 40 Temporary Revision 71–1 to the Learjet Maintenance Manual MM–105 .................. Original ........................ April 28, 2009. 

Learjet 45 Temporary Revision 71–1 to the Learjet Maintenance Manual MM–104 .................. Original ........................ April 28, 2009. 

Section 71–00–00 of the Learjet 45 Maintenance Manual MM–104 .......................................... Revision 47 ................. March 30, 2009. 

Section 71–00–01 of the Learjet 45 Maintenance Manual MM–104 .......................................... Revision 47 ................. March 30, 2009. 

Section 71–00–01 of the Learjet 40 Maintenance Manual MM–105 .......................................... Revision 15 ................. March 30, 2009. 

Learjet 40 Maintenance Manual MM–105, 

Revision 15, dated March 30, 2009, has the 

following effective pages: 

List of effective pages 

Page title/description Page number(s) Revision number Date shown on page(s) 

Maintenance Manual Title Page ......................................................... None shown ................ 15 ................................ March 30, 2009. 

Maintenance Manual Revision Highlights .......................................... 1–2 .............................. None Shown * ............. March 30, 2009. 

Record of Revisions ........................................................................... 1 .................................. None Shown * ............. March 30, 2009. 

Chapter 71 List of Effective Pages .................................................... 1 .................................. None Shown * ............. March 30, 2009. 

Section 71–00–01 .............................................................................. 201–223 ...................... None Shown * ............. December 25, 2006. 

(*Only the Maintenance Manual Title Page 

and Record of Revisions of Learjet 40 

Maintenance Manual MM–104 have revision 

level information. These pages do not have 

this information.) Learjet 45 Maintenance 

Manual MM–104, Revision 47, dated March 

30, 2009, has the following effective pages: 

List of effective pages 

Page title/description Page number(s) Revision number Date shown on page(s) 

Maintenance Manual Title Page ......................................................... None Shown ............... 47 ................................ March 30, 2009. 

Maintenance Manual Revision Highlights .......................................... 1–3 .............................. None Shown * ............. March 30, 2009. 

Record of Revisions ........................................................................... 1–2 .............................. None Shown * ............. March 30, 2009. 

Chapter 71 List of Effective Pages .................................................... 1 .................................. None Shown * ............. March 30, 2009. 

Section 71–00–00 .............................................................................. 201 .............................. None Shown * ............. April 10, 1998. 

Section 71–00–01 .............................................................................. 201–223 ...................... None Shown * ............. April 28, 2008. 

(*Only the Maintenance Manual Title Page 

and Record of Revisions of Learjet 45 

Maintenance Manual MM–104 have revision 

level information. These pages do not have 

this information.) 

(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 Learjet, Inc., One Learjet 

Way, Wichita, Kansas 67209–2942; telephone 

316–946–2000; fax 316–946–2220; e-mail 

ac.ict@aero.bombardier.com; Internet http:// 

www.bombardier.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 May 20, 

2009. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–12518 Filed 6–1–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0213; Directorate 

Identifier 2008–NM–224–AD; Amendment 

39–15921; AD 2009–11–11] 

RIN 2120–AA64 

Airworthiness Directives; McDonnell 

Douglas Model MD–90–30 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

McDonnell Douglas Model MD–90–30 

airplanes. This AD requires installing 

fuses and wire protection in certain 

wing and fuel tank spars. This AD 

results from fuel system reviews 

conducted by the manufacturer. We are 

issuing this AD to prevent possible 

damage to the fuel level float or pressure 

switch wires. Such damage could 

become a potential ignition source 

inside the fuel tank, and, when 

combined with flammable fuel vapors, 

could result in a fuel tank explosion and 

consequent loss of the airplane. 

DATES: This AD is effective July 7, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of July 7, 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