AD 2010-10-20

[Federal Register Volume 75, Number 94 (Monday, May 17, 2010)]
[Rules and Regulations]
[Pages 27401-27403]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2010-11185]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0685; Directorate Identifier 2009-NM-113-AD; 
Amendment 39-16299; AD 2010-10-20]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Corporation Model DC-
9-30, DC-9-40, and DC-9-50 Series 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 
Model DC-9-30, DC-9-40, and DC-9-50 series airplanes. This AD requires 
inspecting to determine the part numbers of the forward and aft 
auxiliary tank fuel boost and transfer pump conduit/conduit assembly 
and conduit assembly electrical connector, as applicable, and 
corrective actions if necessary. This AD results from fuel system 
reviews conducted by the manufacturer. We are issuing this AD to detect 
and correct the potential for an arc/spark condition to occur within 
the fuel boost or transfer pump conduit assembly connectors and 
propagate into the forward and aft auxiliary fuel tanks, which could 
result in a fire or explosion.

DATES: This AD is effective June 21, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of June 21, 
2010.

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 
<a href="/cdn-cgi/l/email-protection#6e0a1d0b400c010b0d01032e0c010b070009400d0103"><span class="__cf_email__" data-cfemail="096d7a6c276b666c6a6664496b666c60676e276a6664">[email&#160;protected]</span></a>; Internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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 
certain Model DC-9-30, DC-9-40, and DC-9-50 series airplanes. That NPRM 
was published in the Federal Register on August 12, 2009 (74 FR 40525). 
That NPRM proposed to require inspecting to determine the part numbers 
of the forward and aft auxiliary tank fuel boost and transfer pump 
conduit/conduit

[[Page 27402]]

assembly and conduit assembly electrical connector, as applicable, and 
corrective actions if necessary.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received from the commenter. 
Northwest Airlines (NWA) concurs with the intent of the NPRM.

Request To Delay Issuance of the Final Rule Until the Revised Service 
Bulletin Is Issued, Reviewed, and Commented On by Operators

    NWA states that operators should have the opportunity to review and 
comment on the revised service bulletin prior to any final rule 
decision. NWA explains that there are omissions regarding airplane 
effectivity and part number discrepancies in Boeing Service Bulletin 
DC9-28-227, dated April 23, 2009. NWA notes that Boeing was notified of 
these issues, and that Boeing concurs with the effectivity problems and 
noted the differences in the associated wiring diagrams and drawings 
that affect the part numbers. NWA asserts that Boeing has acknowledged 
that Boeing Service Bulletin DC9-28-227, dated April 23, 2009, needs to 
be revised.
    NWA believes that certain airplanes were delivered with a 780 
gallon forward fuselage supplemental tank but without a 780 gallon aft 
fuselage supplemental tank, and that these airplanes may not be 
addressed as a group in Boeing Service Bulletin DC9-28-227, dated April 
23, 2009.
    NWA also believes that certain airplanes identified as Group 1 in 
Boeing Service Bulletin DC9-28-227, dated April 23, 2009, have the same 
conduit assembly part number as other airplanes. NWA believes that 
these airplanes cannot use the same conduit assembly because conduit 
assemblies have specified wire numbers as per certain drawings.
    From these statements, we infer that NWA requests that we delay 
issuing the AD until Boeing Service Bulletin DC9-28-227, dated April 
23, 2009, is revised and released. We do not agree to delay issuing the 
final rule until a revised service bulletin is reviewed and commented 
on by operators. The airplanes that NWA believes were delivered with a 
780 gallon forward fuselage supplemental tank but without a 780 gallon 
aft supplemental fuselage tank, and that may not be addressed as a 
group in Boeing Service Bulletin DC9-28-227, dated April 23, 2009, are 
not included in the effectivity of that service bulletin because they 
already had the acceptable conduit assembly installed prior to the time 
of delivery. Also, Boeing Service Bulletin DC9-28-227, dated April 23, 
2009, reflects the correct conduit part numbers installed prior to the 
time of airplane delivery; therefore, the content in Boeing Service 
Bulletin DC9-28-227, dated April 23, 2009, is correct. We have 
confirmed with Boeing that Boeing Service Bulletin DC9-28-227, dated 
April 23, 2009, does not need to be revised regarding these issues. We 
have not changed the AD in this regard.
    If a new revision to the service information is published, under 
the provisions of paragraph (h) of the final rule, we will consider 
requests for alternative methods of compliance (AMOCs) if sufficient 
data are submitted to substantiate that the change would provide an 
acceptable level of safety. We have not changed the AD in this regard.

Request for a Clarification Statement Acknowledging Post-Production 
Removal of Auxiliary Fuel Tank(s)

    NWA states that the final rule should include a clarification 
statement for paragraph (g) of the NPRM that acknowledges post-
production removal of an auxiliary fuel tank, which releases the 
operator from those requirements of Boeing Service Bulletin DC9-28-227, 
dated April 23, 2009, that are no longer applicable. NWA explains that 
Boeing Service Bulletin DC9-28-227, dated April 23, 2009, does not 
address the issue of a removed auxiliary fuel tank and that the 
equipment effectivity list quantifies airplane groups at the time of 
production and does not address post-production modifications to the 
airplane. NWA acknowledges that an auxiliary fuel tank, which was 
installed at the time of production, may have been removed by operators 
for a variety of reasons. NWA asserts that the removal of the auxiliary 
fuel tank and thereby the fuel boost or transfer pump conduit assembly 
connectors removes the unsafe condition specified in paragraph (e) of 
the NPRM, although the language specified in paragraph (g) of the NPRM 
will still require operators to request an AMOC for removed auxiliary 
fuel tanks.
    We agree. If the auxiliary fuel tank(s) has been removed, thereby 
removing the fuel boost or transfer fuel pump conduit assembly 
connectors, the unsafe condition is removed as well. We have revised 
paragraph (g) of the final rule to account for auxiliary fuel tank(s) 
that have been removed.

Explanation of Change Made to This AD

    We have revised this AD to identify the legal name of the 
manufacturer as published in the most recent type certificate data 
sheet for the affected airplane models.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting the 
AD with the changes described previously. We also determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the AD.

Explanation of Change to Costs of Compliance

    Since issuance of the NPRM, we have increased the labor rate used 
in the Costs of Compliance from $80 per work-hour to $85 per work-hour. 
The Costs of Compliance information, below, reflects this increase in 
the specified hourly labor rate.

Costs of Compliance

    We estimate that this AD affects 137 airplanes of U.S. registry. We 
also estimate that it takes up to 8 work-hours per product to comply 
with this AD. The average labor rate is $85 per work-hour. Based on 
these figures, we estimate the cost of this AD to the U.S. operators to 
be $93,160, or $680 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

[[Page 27403]]

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:

2010-10-20 McDonnell Douglas Corporation: Amendment 39-16299. Docket 
No. FAA-2009-0685; Directorate Identifier 2009-NM-113-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective June 21, 
2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to McDonnell Douglas Corporation Model DC-9-
31, DC-9-32, DC-9-32 (VC-9C), DC-9-32F, DC-9-33F, DC-9-34, DC-9-34F, 
and DC-9-32F (C-9A, C-9B), DC-9-41, and DC-9-51 airplanes, 
certificated in any category; as identified in Boeing Service 
Bulletin DC9-28-227, dated April 23, 2009.

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Unsafe Condition

    (e) This AD results from fuel system reviews conducted by the 
manufacturer. The Federal Aviation Administration is issuing this AD 
to detect and correct the potential for an arc/spark condition to 
occur within the fuel boost or transfer pump conduit assembly 
connectors and propagate into the forward and aft auxiliary fuel 
tanks, which could result in a fire or explosion.

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.

Inspection

    (g) Within 60 months after the effective date of this AD, 
inspect to determine the part numbers of the forward and aft 
auxiliary fuel tank boost and transfer pumps conduit assembly and 
conduit assembly electrical connector, as applicable, and do 
applicable corrective actions, in accordance with the Accomplishment 
Instructions of Boeing Service Bulletin DC9-28-227, dated April 23, 
2009. Do the applicable corrective actions before further flight. If 
the auxiliary fuel tank(s) has been removed, thereby removing the 
fuel boost or transfer fuel pump conduit assembly connectors, the 
corrective action specified in the Accomplishment Instructions of 
Boeing Service Bulletin DC9-28-227, dated April 23, 2009, is not 
required. If the removed auxiliary fuel tank(s) are re-installed, 
the requirements of paragraph (g) of this AD must be done before 
further flight.

Alternative Methods of Compliance (AMOCs)

    (h)(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 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

    (i) You must use Boeing Service Bulletin DC9-28-227, dated April 
23, 2009, 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 
<a href="/cdn-cgi/l/email-protection#bfdbccda91ddd0dadcd0d2ffddd0dad6d1d891dcd0d2"><span class="__cf_email__" data-cfemail="c2a6b1a7eca0ada7a1adaf82a0ada7abaca5eca1adaf">[email&#160;protected]</span></a>; Internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.
    (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.
    (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: <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    Issued in Renton, Washington, on May 3, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-11185 Filed 5-14-10; 8:45 am]
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