Airworthiness Directives; McDonnell Douglas Model 717-200 Airplanes, 64892-64894 [E8-25991]
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ebenthall on PROD1PC60 with PROPOSALS
64892
Federal Register / Vol. 73, No. 212 / Friday, October 31, 2008 / Proposed Rules
intelligence activities. TTAR contains
information that is collected by other federal
and foreign government agencies and may
contain personally identifiable information.
Pursuant to exemption 5 U.S.C. 552a(j)(2)
of the Privacy Act, portions of this system are
exempt from 5 U.S.C. 552a(c)(3) and (4); (d);
(e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5)
and (e)(8); (f), and (g). Pursuant to 5 U.S.C.
552a(k)(2), this system is exempt from the
following provisions of the Privacy Act,
subject to the limitations set forth in those
subsections: 5 U.S.C. 552a(c)(3), (d), (e)(1),
(e)(4)(G), (e)(4)(H), and (f). Exemptions from
these particular subsections are justified, on
a case-by-case basis to be determined at the
time a request is made, for the following
reasons:
(a) From subsection (c)(3) and (4)
(Accounting for Disclosures) because release
of the accounting of disclosures could alert
the subject of an investigation of an actual or
potential criminal, civil, or regulatory
violation to the existence of the investigation,
and reveal investigative interest on the part
of DHS as well as the recipient agency.
Disclosure of the accounting would therefore
present a serious impediment to law
enforcement efforts and/or efforts to preserve
national security. Disclosure of the
accounting would also permit the individual
who is the subject of a record to impede the
investigation, to tamper with witnesses or
evidence, and to avoid detection or
apprehension, which would undermine the
entire investigative process.
(b) From subsection (d) (Access to Records)
because access to the records contained in
this system of records could inform the
subject of an investigation of an actual or
potential criminal, civil, or regulatory
violation, to the existence of the
investigation, and reveal investigative
interest on the part of DHS or another agency.
Access to the records could permit the
individual who is the subject of a record to
impede the investigation, to tamper with
witnesses or evidence, and to avoid detection
or apprehension. Amendment of the records
could interfere with ongoing investigations
and law enforcement activities and would
impose an impossible administrative burden
by requiring investigations to be
continuously reinvestigated. In addition,
permitting access and amendment to such
information could disclose security-sensitive
information that could be detrimental to
homeland security.
(c) From subsection (e)(1) (Relevancy and
Necessity of Information) because in the
course of investigations into potential
violations of Federal law, the accuracy of
information obtained or introduced
occasionally may be unclear or the
information may not be strictly relevant or
necessary to a specific investigation. In the
interests of effective law enforcement, it is
appropriate to retain all information that may
aid in establishing patterns of unlawful
activity.
(d) From subsection (e)(2) (Collection of
Information from Individuals) because
requiring that information be collected from
the subject of an investigation would alert the
subject to the nature or existence of an
investigation, thereby interfering with the
VerDate Aug<31>2005
13:45 Oct 30, 2008
Jkt 217001
related investigation and law enforcement
activities.
(e) From subsection (e)(3) (Notice to
Subjects) because providing such detailed
information would impede law enforcement
in that it could compromise investigations
by: Revealing the existence of an otherwise
confidential investigation and thereby
provide an opportunity for the subject of an
investigation to conceal evidence, alter
patterns of behavior, or take other actions
that could thwart investigative efforts; reveal
the identity of witnesses in investigations,
thereby providing an opportunity for the
subjects of the investigations or others to
harass, intimidate, or otherwise interfere
with the collection of evidence or other
information from such witnesses; or reveal
the identity of confidential informants,
which would negatively affect the
informant’s usefulness in any ongoing or
future investigations and discourage
members of the public from cooperating as
confidential informants in any future
investigations.
(f) From subsections (e)(4)(G) and (H)
(Agency Requirements), and (f) (Agency
Rules) because portions of this system are
exempt from the individual access provisions
of subsection (d) for the reasons noted above,
and therefore DHS is not required to establish
requirements, rules, or procedures with
respect to such access. Providing notice to
individuals with respect to existence of
records pertaining to them in the system of
records or otherwise setting up procedures
pursuant to which individuals may access
and view records pertaining to themselves in
the system would undermine investigative
efforts and reveal the identities of witnesses,
and potential witnesses, and confidential
informants.
(g) From subsection (e)(5) (Collection of
Information) because in the collection of
information for law enforcement purposes it
is impossible to determine in advance what
information is accurate, relevant, timely, and
complete. Compliance with (e)(5) would
preclude DHS agents from using their
investigative training and exercise of good
judgment to both conduct and report on
investigations.
(h) From subsection (e)(8) (Notice on
Individuals) because compliance would
interfere with DHS’ ability to obtain, serve,
and issue subpoenas, warrants, and other law
enforcement mechanisms that may be filed
under seal, and could result in disclosure of
investigative techniques, procedures, and
evidence.
(i) From subsection (g) to the extent that
the system is exempt from other specific
subsections of the Privacy Act relating to
individuals’ rights to access and amend their
records contained in the system. Therefore
DHS is not required to establish rules or
procedures pursuant to which individuals
may seek a civil remedy for the agency’s:
refusal to amend a record; refusal to comply
with a request for access to records; failure
to maintain accurate, relevant timely and
complete records; or failure to otherwise
comply with an individual’s right to access
or amend records.
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Dated: October 24, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–25972 Filed 10–30–08; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2008–1155; Directorate
Identifier 2008–NM–146–AD]
RIN 2120–AA64
Airworthiness Directives; McDonnell
Douglas Model 717–200 Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
SUMMARY: We propose to adopt a new
airworthiness directive (AD) for certain
McDonnell Douglas Model 717–200
airplanes. This proposed AD would
require modifying the wire installation
of the auxiliary hydraulic pump in the
right wheel well of the main landing
gear (MLG). This proposed AD results
from fuel system reviews conducted by
the manufacturer. We are proposing this
AD to prevent a tire burst when the
MLG is in the retracted position from
causing damage to the wire assembly of
the auxiliary hydraulic pump and
subsequent electrical arcing, creating
the potential of an ignition source in the
center wing tank, which, in combination
with flammable fuel vapors, could result
in a fuel tank explosion and consequent
loss of the airplane.
DATES: We must receive comments on
this proposed AD by December 15,
2008.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://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 Boeing Commercial
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Federal Register / Vol. 73, No. 212 / Friday, October 31, 2008 / Proposed Rules
Airplanes, Long Beach Division, 3855
Lakewood Boulevard, Long Beach,
California 90846, Attention: Data and
Service Management, Dept. C1–L5A
(D800–0024).
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
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 proposed 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: 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:
ebenthall on PROD1PC60 with PROPOSALS
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2008–1155; Directorate Identifier
2008–NM–146–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD because of those
comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Discussion
The FAA has examined the
underlying safety issues involved in fuel
tank explosions on several large
transport airplanes, including the
adequacy of existing regulations, the
service history of airplanes subject to
those regulations, and existing
maintenance practices for fuel tank
systems. As a result of those findings,
we issued a regulation titled ‘‘Transport
Airplane Fuel Tank System Design
Review, Flammability Reduction and
Maintenance and Inspection
VerDate Aug<31>2005
13:45 Oct 30, 2008
Jkt 217001
Requirements’’ (66 FR 23086, May 7,
2001). In addition to new airworthiness
standards for transport airplanes and
new maintenance requirements, this
rule included Special Federal Aviation
Regulation No. 88 (‘‘SFAR 88,’’
Amendment 21–78, and subsequent
Amendments 21–82 and 21–83).
Among other actions, SFAR 88
requires certain type design (i.e., type
certificate (TC) and supplemental type
certificate (STC)) holders to substantiate
that their fuel tank systems can prevent
ignition sources in the fuel tanks. This
requirement applies to type design
holders for large turbine-powered
transport airplanes and for subsequent
modifications to those airplanes. It
requires them to perform design reviews
and to develop design changes and
maintenance procedures if their designs
do not meet the new fuel tank safety
standards. As explained in the preamble
to the rule, we intended to adopt
airworthiness directives to mandate any
changes found necessary to address
unsafe conditions identified as a result
of these reviews.
In evaluating these design reviews, we
have established four criteria intended
to define the unsafe conditions
associated with fuel tank systems that
require corrective actions. The
percentage of operating time during
which fuel tanks are exposed to
flammable conditions is one of these
criteria. The other three criteria address
the failure types under evaluation:
Single failures, single failures in
combination with a latent condition(s),
and in-service failure experience. For all
four criteria, the evaluations included
consideration of previous actions taken
that may mitigate the need for further
action.
We have determined that the actions
identified in this AD are necessary to
reduce the potential of ignition sources
inside fuel tanks, which, in combination
with flammable fuel vapors, could result
in fuel tank explosions and consequent
loss of the airplane.
Boeing analysis determined that the
existing wire installation of the
auxiliary hydraulic pump for Model
717–200 airplanes is routed within the
‘‘tire burst’’ area. Replacing the
components in the wire assembly of the
auxiliary hydraulic pump with new
components, and routing the wire
assembly installation outside of the tire
burst area, will minimize the possibility
of wire damage and electrical arcing to
the center wing fuel tank. A tire burst
when the main landing gear (MLG) is in
the retracted position might cause
damage to the wire assembly of the
auxiliary hydraulic pump and
subsequent electrical arcing, creating
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Frm 00005
Fmt 4702
Sfmt 4702
64893
the potential of an ignition source in the
center wing tank, which, in combination
with flammable fuel vapors, could result
in a fuel tank explosion and consequent
loss of the airplane.
Relevant Service Information
We have reviewed Boeing Alert
Service Bulletin 717–29A0009, dated
July 31, 2008. The service bulletin
describes procedures for modifying the
wire installation of the auxiliary
hydraulic pump in the right wheel well
of the MLG. The modification includes
replacing the components in the wire
assembly of the auxiliary hydraulic
pump with new components, and
routing the wire assembly installation
outside of the tire burst area.
FAA’s Determination and Requirements
of This Proposed AD
We are proposing this AD because we
evaluated all relevant information and
determined the unsafe condition
described previously is likely to exist or
develop in other products of the same
type design. This proposed AD would
require accomplishing the actions
specified in the service information
described previously.
Costs of Compliance
We estimate that this proposed AD
would affect 8 airplanes of U.S. registry.
We also estimate that it would take
about 11 work-hours per product to
comply with this proposed AD. The
average labor rate is $80 per work-hour.
Required parts cost is minimal. Based
on these figures, we estimate the cost of
this proposed AD to the U.S. operators
to be $7,040, or $880 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.
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64894
Federal Register / Vol. 73, No. 212 / Friday, October 31, 2008 / Proposed Rules
Regulatory Findings
We determined that this proposed AD
would not have federalism implications
under Executive Order 13132. This
proposed AD would 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 this proposed regulation:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
2. Is not a ‘‘significant rule’’ under the
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, Incorporated by reference.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 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:
McDonnell Douglas: Docket No. FAA–2008–
1155; Directorate Identifier 2008–NM–
146–AD.
Comments Due Date
(a) We must receive comments by
December 15, 2008.
ebenthall on PROD1PC60 with PROPOSALS
Compliance
(e) Comply with this AD within the
compliance times specified, unless already
done.
Installation/Re-Routing
(f) Within 60 months after the effective
date of this AD: Modify the wire installation
of the auxiliary hydraulic pump in the right
wheel well of the MLG by doing all the
applicable actions specified in the
Accomplishment Instructions of Boeing Alert
Service Bulletin 717–29A0009, dated July 31,
2008.
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 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.
Issued in Renton, Washington, on October
24, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–25991 Filed 10–30–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
Affected ADs
(b) None.
Applicability
(c) This AD applies to McDonnell Douglas
Model 717–200 airplanes, certificated in any
category; as identified in Boeing Alert
Service Bulletin 717–29A0009, dated July 31,
2008.
Unsafe Condition
(d) This AD results from fuel system
reviews conducted by the manufacturer. We
are issuing this AD to prevent a tire burst
when the main landing gear (MLG) is in the
retracted position from causing damage to the
VerDate Aug<31>2005
wire assembly of the auxiliary hydraulic
pump and subsequent electrical arcing,
creating the potential of an ignition source in
the center wing tank, which, in combination
with flammable fuel vapors, could result in
a fuel tank explosion and consequent loss of
the airplane.
13:45 Oct 30, 2008
Jkt 217001
[Docket No. FAA–2008–1143; Directorate
Identifier 2008–NM–136–AD]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 737–600, –700, –700C, –800, and
–900 Series Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
SUMMARY: The FAA proposes to
supersede an existing airworthiness
directive (AD) that applies to certain
Boeing Model 737–600, –700, –700C,
–800, and –900 series airplanes. The
existing AD currently requires replacing
brackets that hold the P5 panel to the
airplane structure, the standby compass
bracket assembly, the generator drive
and standby power module, and the air
conditioning module. The existing AD
also currently requires, among other
actions, inspecting for wire length and
for damage of the connectors and the
wire bundles, and doing applicable
corrective actions if necessary. This
proposed AD would require an
additional operational test of the P5–14
panel. This proposed AD results from a
report of an electrical burning smell in
the flight compartment. We are
proposing this AD to prevent wire
bundles from contacting the overhead
dripshield panel and modules in the P5
overhead panel, which could result in
electrical arcing and shorting of the
electrical connector and consequent loss
of several critical systems essential for
safe flight; and to ensure proper
operation of the passenger oxygen
system. If an improperly functioning
passenger oxygen system goes
undetected, the passenger oxygen mask
could fail to deploy and result in
possible incapacitation of passengers
during a depressurization event.
DATES: We must receive comments on
this proposed AD by December 15,
2008.
You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://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 Boeing Commercial
Airplanes, P.O. Box 3707, Seattle,
Washington 98124–2207.
ADDRESSES:
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Management Facility between 9
a.m. and 5 p.m., Monday through
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Agencies
[Federal Register Volume 73, Number 212 (Friday, October 31, 2008)]
[Proposed Rules]
[Pages 64892-64894]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25991]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-1155; Directorate Identifier 2008-NM-146-AD]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model 717-200
Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain McDonnell Douglas Model 717-200 airplanes. This proposed AD
would require modifying the wire installation of the auxiliary
hydraulic pump in the right wheel well of the main landing gear (MLG).
This proposed AD results from fuel system reviews conducted by the
manufacturer. We are proposing this AD to prevent a tire burst when the
MLG is in the retracted position from causing damage to the wire
assembly of the auxiliary hydraulic pump and subsequent electrical
arcing, creating the potential of an ignition source in the center wing
tank, which, in combination with flammable fuel vapors, could result in
a fuel tank explosion and consequent loss of the airplane.
DATES: We must receive comments on this proposed AD by December 15,
2008.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to https://
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 Boeing
Commercial
[[Page 64893]]
Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach,
California 90846, Attention: Data and Service Management, Dept. C1-L5A
(D800-0024).
Examining the AD Docket
You may examine the AD docket on the Internet at https://
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 proposed 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: 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:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-1155;
Directorate Identifier 2008-NM-146-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
We will post all comments we receive, without change, to https://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
The FAA has examined the underlying safety issues involved in fuel
tank explosions on several large transport airplanes, including the
adequacy of existing regulations, the service history of airplanes
subject to those regulations, and existing maintenance practices for
fuel tank systems. As a result of those findings, we issued a
regulation titled ``Transport Airplane Fuel Tank System Design Review,
Flammability Reduction and Maintenance and Inspection Requirements''
(66 FR 23086, May 7, 2001). In addition to new airworthiness standards
for transport airplanes and new maintenance requirements, this rule
included Special Federal Aviation Regulation No. 88 (``SFAR 88,''
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
Among other actions, SFAR 88 requires certain type design (i.e.,
type certificate (TC) and supplemental type certificate (STC)) holders
to substantiate that their fuel tank systems can prevent ignition
sources in the fuel tanks. This requirement applies to type design
holders for large turbine-powered transport airplanes and for
subsequent modifications to those airplanes. It requires them to
perform design reviews and to develop design changes and maintenance
procedures if their designs do not meet the new fuel tank safety
standards. As explained in the preamble to the rule, we intended to
adopt airworthiness directives to mandate any changes found necessary
to address unsafe conditions identified as a result of these reviews.
In evaluating these design reviews, we have established four
criteria intended to define the unsafe conditions associated with fuel
tank systems that require corrective actions. The percentage of
operating time during which fuel tanks are exposed to flammable
conditions is one of these criteria. The other three criteria address
the failure types under evaluation: Single failures, single failures in
combination with a latent condition(s), and in-service failure
experience. For all four criteria, the evaluations included
consideration of previous actions taken that may mitigate the need for
further action.
We have determined that the actions identified in this AD are
necessary to reduce the potential of ignition sources inside fuel
tanks, which, in combination with flammable fuel vapors, could result
in fuel tank explosions and consequent loss of the airplane.
Boeing analysis determined that the existing wire installation of
the auxiliary hydraulic pump for Model 717-200 airplanes is routed
within the ``tire burst'' area. Replacing the components in the wire
assembly of the auxiliary hydraulic pump with new components, and
routing the wire assembly installation outside of the tire burst area,
will minimize the possibility of wire damage and electrical arcing to
the center wing fuel tank. A tire burst when the main landing gear
(MLG) is in the retracted position might cause damage to the wire
assembly of the auxiliary hydraulic pump and subsequent electrical
arcing, creating the potential of an ignition source in the center wing
tank, which, in combination with flammable fuel vapors, could result in
a fuel tank explosion and consequent loss of the airplane.
Relevant Service Information
We have reviewed Boeing Alert Service Bulletin 717-29A0009, dated
July 31, 2008. The service bulletin describes procedures for modifying
the wire installation of the auxiliary hydraulic pump in the right
wheel well of the MLG. The modification includes replacing the
components in the wire assembly of the auxiliary hydraulic pump with
new components, and routing the wire assembly installation outside of
the tire burst area.
FAA's Determination and Requirements of This Proposed AD
We are proposing this AD because we evaluated all relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.
This proposed AD would require accomplishing the actions specified in
the service information described previously.
Costs of Compliance
We estimate that this proposed AD would affect 8 airplanes of U.S.
registry. We also estimate that it would take about 11 work-hours per
product to comply with this proposed AD. The average labor rate is $80
per work-hour. Required parts cost is minimal. Based on these figures,
we estimate the cost of this proposed AD to the U.S. operators to be
$7,040, or $880 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.
[[Page 64894]]
Regulatory Findings
We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866,
2. Is not a ``significant rule'' under the 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, Incorporated
by reference.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new AD:
McDonnell Douglas: Docket No. FAA-2008-1155; Directorate Identifier
2008-NM-146-AD.
Comments Due Date
(a) We must receive comments by December 15, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to McDonnell Douglas Model 717-200
airplanes, certificated in any category; as identified in Boeing
Alert Service Bulletin 717-29A0009, dated July 31, 2008.
Unsafe Condition
(d) This AD results from fuel system reviews conducted by the
manufacturer. We are issuing this AD to prevent a tire burst when
the main landing gear (MLG) is in the retracted position from
causing damage to the wire assembly of the auxiliary hydraulic pump
and subsequent electrical arcing, creating the potential of an
ignition source in the center wing tank, which, in combination with
flammable fuel vapors, could result in a fuel tank explosion and
consequent loss of the airplane.
Compliance
(e) Comply with this AD within the compliance times specified,
unless already done.
Installation/Re-Routing
(f) Within 60 months after the effective date of this AD: Modify
the wire installation of the auxiliary hydraulic pump in the right
wheel well of the MLG by doing all the applicable actions specified
in the Accomplishment Instructions of Boeing Alert Service Bulletin
717-29A0009, dated July 31, 2008.
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 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.
Issued in Renton, Washington, on October 24, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-25991 Filed 10-30-08; 8:45 am]
BILLING CODE 4910-13-P