30922 Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Rules and Regulations 

blended area of the fuselage skin, in 

accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

747–53A2478, Revision 1, dated March 27, 

2008. 

TABLE 1—COMPLIANCE TIMES

Action 

Compliance time 

(whichever occurs later) Repeat interval 

(Not to exceed) 

Threshold Grace Period 

For actions required by 

paragraph (i)(1) of this 

AD.

Prior to the accumulation of 20,000 total flight 

hours since the date of issuance of the original 

airworthiness certificate or the date of issuance 

of the original export certificate of airworthiness, 

or within 7,500 flight hours after the last inspection of this AD, whichever occurs later.

Within 6,000 flight hours 

after the effective date 

of this AD.

7,500 flight hours. 

For actions required by 

paragraph (i)(2) of this 

AD.

Prior to the accumulation of 20,000 total flight cycles since the date of issuance of the original 

airworthiness certificate or the date of issuance 

of the original export certificate of airworthiness, 

or within 6,000 flight cycles after the initial 

blend, whichever occurs later.

Within 1,000 flight cycles 

after the effective date 

of this AD.

1,200 flight cycles for external detailed inspection, or 6,000 flight 

cycles for HFEC inspection. 

Exception to the Repetitive Inspections 

(j) If corrosion-resistant steel rubstrips are 

installed in the interface area of the vertical 

stabilizer seal and fuselage skin: Within the 

applicable compliance times specified in 

paragraph (i) of this AD, inspect the fuselage 

skin using a method approved in accordance 

with the procedures specified in paragraph 

(m) of this AD. 

For No Wear Damage or Cracks Found: 

Apply Teflon 

(k) If no wear damage or crack is found in 

the fuselage skin (or skin repair doubler) 

during any inspection required by paragraph 

(i) of this AD: Before further flight, apply 

Boeing Material Specifications (BMS) 10–86 

Teflon-filled coating in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 747–53A2478, Revision 1, 

dated March 27, 2008. 

For Any Wear Damage or Crack Found: 

Applicable Corrective Actions 

(l) If any wear damage or crack is found in 

the fuselage skin (or skin repair doubler) 

during any inspections required by paragraph 

(i) of this AD: Before further flight, after the 

inspection required by paragraph (i), do the 

actions specified in paragraphs (l)(1), (l)(2), 

and (l)(3) of this AD, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 747–53A2478, Revision 1, 

dated March 27, 2008. 

(1) Measure the depth of the wear and 

record the location. 

(2) Repair any wear damage and any crack. 

(3) Apply BMS 10–86 Teflon-filled coating. 

Alternative Methods of Compliance 

(AMOCs) 

(m)(1) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, ATTN: Ivan 

Li, Aerospace Engineer, Airframe Branch, 

ANM–120S, FAA, Seattle ACO, 1601 Lind 

Avenue, SW., Renton, Washington 98057– 

3356; telephone (425) 917–6437; 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. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD, if it is approved by an 

Authorized Representative for the Boeing 

Commercial Airplanes Delegation Option 

Authorization Organization who has been 

authorized by the Manager, Seattle ACO, to 

make those findings. For a repair method to 

be approved, the repair must meet the 

certification basis of the airplane, and the 

approval must specifically refer to this AD. 

Material Incorporated by Reference 

(n) You must use Boeing Alert Service 

Bulletin 747–53A2478, dated February 7, 

2002; and Boeing Alert Service Bulletin 747– 

53A2478, Revision 1, dated March 27, 2008; 

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 

Boeing Alert Service Bulletin 747–53A2478, 

Revision 1, dated March 27, 2008, under 5 

U.S.C. 552(a) and 1 CFR part 51. 

(2) The Director of the Federal Register 

previously approved the incorporation by 

reference of Boeing Alert Service Bulletin 

747–53A2478, dated February 7, 2002, on 

February 10, 2003 (68 FR 476, January 6, 

2003). 

(3) 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. 

(4) 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. 

(5) You may also review copies of the 

service information 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 June 19, 

2009. 

Dorr M. Anderson, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–15085 Filed 6–26–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0160; Directorate 

Identifier 2008–NM–176–AD; Amendment 

39–15947; AD 2009–13–08] 

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 all 

McDonnell Douglas Model MD–90–30 

airplanes. This AD requires repetitive 

inspections for cracks of the upper aft 

skin panels on the horizontal stabilizer, 

and related investigative and corrective 

actions if necessary. This AD results 

from a report of cracks found in the aft 

skin panels on the upper right side of 


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Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Rules and Regulations 30923 

the horizontal stabilizer at the aft 

inboard corner. We are issuing this AD 

to detect and correct cracks in the failsafe structure that may not be able to 

sustain limit load, which could result in 

the loss of overall structural integrity of 

the horizontal stabilizer. 

DATES: This AD is effective August 3, 

2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of August 3, 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. 

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: 

Roger Durbin, Aerospace Engineer, 

Airframe Branch, ANM–120L, FAA, Los 

Angeles Aircraft Certification Office, 

3960 Paramount Boulevard, Lakewood, 

California 90712–4137; telephone (562) 

627–5233; 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 MD–90–30 

airplanes. That NPRM was published in 

the Federal Register on March 23, 2009 

(74 FR 12100). That NPRM proposed to 

require repetitive inspections for cracks 

of the upper aft skin panels on the 

horizontal stabilizer, and related 

investigative and corrective actions if 

necessary. 

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 affects 16 

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 Cost per airplane 

Number of 

U.S.-registered airplanes 

Fleet cost 

Inspection .................. 4 $80 None .......................... $320 per inspection 

cycle.

16 $5,120 per inspection cycle. 

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: 

2009–13–08 McDonnell Douglas: 

Amendment 39–15947. Docket No. 

FAA–2009–0160; Directorate Identifier 

2008–NM–176–AD. 

Effective Date 

(a) This airworthiness directive (AD) is 

effective August 3, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all McDonnell 

Douglas Model MD–90–30 airplanes, 

certificated in any category. 


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30924 Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Rules and Regulations 

Subject 

(d) Air Transport Association (ATA) of 

America Code 55: Stabilizers. 

Unsafe Condition 

(e) This AD results from a report of cracks 

found in the right upper aft skin panel of the 

horizontal stabilizer at the aft inboard corner. 

We are issuing this AD to detect and correct 

cracks in the fail-safe structure that may not 

be able to sustain limit load, which could 

result in the loss of overall structural 

integrity of the horizontal stabilizer. 

Compliance 

(f) Comply with this AD within the 

compliance times specified, unless already 

done. 

Inspections 

(g) Except as required by paragraphs (h) 

and (i) of this AD: At the times specified in 

paragraph 1.E., ‘‘Compliance,’’ of Boeing 

Alert Service Bulletin MD90–55A012, dated 

September 23, 2008, do an eddy current 

inspection for cracks of the upper aft skin 

panels on the left and right sides of the 

horizontal stabilizer, and do all applicable 

related investigative and corrective actions, 

in accordance with the Accomplishment 

Instructions of the service bulletin. 

Exceptions to Service Bulletin Specifications 

(h) Where Boeing Alert Service Bulletin 

MD90–55A012, dated September 23, 2008, 

specifies a compliance time after the date on 

the service bulletin, this AD requires 

compliance within the specified compliance 

time after the effective date of this AD. 

(i) If any crack is found during any 

inspection required by this AD, and Boeing 

Alert Service Bulletin MD90–55A012, dated 

September 23, 2008, specifies to contact 

Boeing for appropriate action: Before further 

flight, repair using a method approved in 

accordance with the procedures specified in 

paragraph (k) of this AD. 

Inspections Done According to Multiple 

Operator Message 

(j) Inspections and corrective actions done 

before the effective date of this AD are 

acceptable for compliance with the 

corresponding requirements of this AD, if 

done in accordance with Boeing Multiple 

Operator Message 1–669017091–1, dated 

November 9, 2007. 

Alternative Methods of Compliance 

(AMOCs) 

(k)(1) The Manager, Los Angeles Aircraft 

Certification Office, FAA, ATTN: Roger 

Durbin, Aerospace Engineer, Airframe 

Branch, ANM–120L, FAA, Los Angeles 

Aircraft Certification Office, 3960 Paramount 

Boulevard, Lakewood, California 90712– 

4137; telephone (562) 627–5233; fax (562) 

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 principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, in the FAA Flight Standards 

District Office (FSDO), or lacking a principal 

inspector, your local FSDO. The AMOC 

approval letter must specifically reference 

this AD. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD, if it is approved by an 

Authorized Representative for the Boeing 

Commercial Airplanes Delegation Option 

Authorization Organization who has been 

authorized by the Manager, Los Angeles 

ACO, to make those findings. For a repair 

method to be approved, the repair must meet 

the certification basis of the airplane and the 

approval must specifically refer to this AD. 

Material Incorporated by Reference 

(l) You must use Boeing Alert Service 

Bulletin MD90–55A012, dated September 23, 

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. 

(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 June 16, 

2009. 

Dorr M. Anderson, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–14680 Filed 6–26–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 35 

[Docket No. RM04–7–006; Order No. 697– 

C] 

Market-Based Rates For Wholesale 

Sales of Electric Energy, Capacity and 

Ancillary Services by Public Utilities 

Issued June 18, 2009. 

AGENCY: Federal Energy Regulatory 

Commission. 

ACTION: Order on rehearing and 

clarification. 

SUMMARY: The Federal Energy 

Regulatory Commission is granting in 

part and denying in part the requests for 

rehearing and clarification of its 

determinations in Order No. 697–B, 

which granted rehearing and 

clarification of certain revisions to 

Commission regulations and to the 

standards for obtaining and retaining 

market-based rate authority for sales of 

energy, capacity and ancillary services 

to ensure that such sales are just and 

reasonable. 

DATES: Effective Date: This order on 

rehearing will become effective July 29, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Michelle Barnaby (Technical 

Information), Office of Energy Market 

Regulation, Federal Energy Regulatory 

Commission, 888 First Street, NE., 

Washington, DC 20426, (202) 502– 

8407. 

Paige Bullard (Legal Information), Office 

of the General Counsel, Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 

20426, (202) 502–6462. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

Paragraph No. 

I. Introduction ................................................................................................................................................................................... 1 

II. Background ................................................................................................................................................................................... 2 

III. Discussion ................................................................................................................................................................................... 8 

A. Vertical Market Power ......................................................................................................................................................... 8 

Other Barriers to Entry ...................................................................................................................................................... 8 

B. Mitigation .............................................................................................................................................................................. 23 


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