
[Federal Register: March 31, 2009 (Volume 74, Number 60)]
[Rules and Regulations]               
[Page 14460-14461]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31mr09-3]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0074; Directorate Identifier 2007-NM-151-AD; 
Amendment 39-15863; AD 2009-07-04]
RIN 2120-AA64

 
Airworthiness Directives; McDonnell Douglas Model MD-90-30 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain McDonnell Douglas Model MD-90-30 airplanes. This AD requires 
modifying the auxiliary hydraulic power system (including doing all 
applicable related investigative and corrective actions). This AD 
results from fuel system reviews conducted by the manufacturer, as well 
as reports of shorted wires in the right wheel well and evidence of 
arcing on the power cables of the auxiliary hydraulic pump. We are 
issuing this AD to prevent shorted wires or electrical arcing at the 
auxiliary hydraulic pump, which could result in a fire in the wheel 
well; and to reduce the potential of an ignition source adjacent to the 
fuel tanks, which, in combination with flammable fuel vapors, could 
result in a fuel tank explosion and consequent loss of the airplane.

DATES: This AD becomes 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.

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

    The FAA issued a supplemental notice of proposed rulemaking (NPRM) 
to amend 14 CFR part 39 to include an AD that would apply to certain 
McDonnell Douglas Model MD-90-30 airplanes. That supplemental NPRM was 
published in the Federal Register on December 19, 2008 (73 FR 77555). 
That supplemental NPRM proposed to require modifying the auxiliary 
hydraulic system (including doing all applicable related investigative 
and corrective actions).

Comments

    We provided the public the opportunity to participate in the 
development of this AD. No comments have been received on the 
supplemental NPRM or on the determination of the cost to the public.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD as proposed 
in the supplemental NPRM.

Costs of Compliance

    There are about 110 airplanes of the affected design in the 
worldwide fleet. This AD affects about 16 airplanes of U.S. registry. 
The actions take between 3 and 7 work-hours per airplane, depending on 
the configuration, at an average labor rate of $80 per work-hour. 
Required parts cost up to $5,343 per airplane. Based on these figures, 
the estimated cost of the AD for U.S. operators is up to $94,448, or 
$5,903 per airplane.

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

    We have determined that 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

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:


[[Page 14461]]


    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2009-07-04 McDonnell Douglas: Amendment 39-15863. Docket No. FAA-
2007-0074; Directorate Identifier 2007-NM-151-AD.

Effective Date

    (a) This AD becomes effective May 5, 2009.

 Affected ADs

    (b) None.

Applicability

    (c) This AD applies to McDonnell Douglas Model MD-90-30 
airplanes, certificated in any category; as identified in Boeing 
Alert Service Bulletin MD90-29A021, Revision 1, dated August 29, 
2008.

Unsafe Condition

    (d) This AD results from fuel system reviews conducted by the 
manufacturer, as well as reports of shorted wires in the right wheel 
well and evidence of arcing on the power cables of the auxiliary 
hydraulic pump. We are issuing this AD to prevent shorted wires or 
electrical arcing at the auxiliary hydraulic pump, which could 
result in a fire in the wheel well. We are also issuing this AD to 
reduce the potential of an ignition source adjacent to the fuel 
tanks, which, in combination with flammable fuel vapors, could 
result in a fuel tank explosion and consequent loss of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Modification

    (f) Within 18 months after the effective date of this AD, modify 
the auxiliary hydraulic power system and do all applicable related 
investigative and corrective actions by accomplishing all applicable 
actions specified in the Accomplishment Instructions of Boeing Alert 
Service Bulletin MD90-29A021, Revision 1, dated August 29, 2008. Do 
all applicable related investigative and corrective actions before 
further flight.

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) 627-5210; 
has the authority to approve AMOCs for this AD, if requested in 
accordance with 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 MD90-29A021, 
Revision 1, dated August 29, 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 March 18, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E9-6752 Filed 3-30-09; 8:45 am]

BILLING CODE 4910-13-P
