Airworthiness Directives; The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 Series Airplanes, 69264-69267 [E9-30565]
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Federal Register / Vol. 74, No. 250 / Thursday, December 31, 2009 / Rules and Regulations
Effective Date
(a) This airworthiness directive (AD)
becomes effective February 4, 2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model
ERJ 170–100 LR, –100 STD, –100 SE, –100
SU, –200 LR, –200 STD, and –200 SU
airplanes, certificated in any category, serial
numbers 17000156 through 17000169
inclusive; and Model ERJ 190–100 LR, –100
IGW, –100 STD, –200 STD, –200 LR, and
–200 IGW airplanes, certificated in any
category, serial numbers 19000047 through
19000089 inclusive.
Subject
(d) Air Transport Association (ATA) of
America Code 54: Nacelles/Pylons.
Reason
(e) Brazilian Airworthiness Directive 2008–
09–02, effective September 30, 2008, states:
It has been found the possibility of some
aluminum fasteners having been installed
instead of titanium ones at bulkhead 1 of the
LH (left-hand) and RH (right-hand) pylons of
some Embraer ERJ 190 aircraft models. In the
case of a bird strike in the pylon bulkhead
1 equipped with aluminum fasteners there is
the possibility where the impact may affect
some equipments installed in the region after
the bulkhead 1. Damages to the hydraulic
lines and electrical generator power cables
may lead to presence of fire in the region,
without indication to the flight crew.
*
*
*
*
*
Brazilian Airworthiness Directive 2008–10–
04, effective November 10, 2008, states:
It has been found the possibility of some
aluminum fasteners having been installed
instead of titanium ones at bulkhead 1 of the
LH and RH pylons of some Embraer ERJ 170
aircraft models. The structural integrity of the
region where these fasteners are installed
may be affected in case of bird impact.
*
*
*
*
*
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The unsafe condition for Model 170 airplanes
is structural damage in the case of bird
impact in the region of bulkhead 1 of the
pylons, which could adversely affect
continued safe flight and landing. The unsafe
condition for Model 190 airplanes is damage
to the hydraulic lines and electrical generator
power cables in the case of bird impact in the
region of bulkhead 1 of the pylons, which
might lead to presence of fire without
indication to the flight crew. Corrective
actions include inspecting for the presence of
aluminum fasteners at pylon bulkhead 1, and
replacing all aluminum fasteners with
titanium fasteners.
Actions and Compliance
(f) Unless already done, do the following
actions.
(1) Within 5,000 flight cycles after the
effective date of this AD: Inspect the fasteners
in bulkhead 1 of the left- and right-hand
pylons for the presence of aluminum
fasteners, in accordance with Part I of the
Accomplishment Instructions of Embraer
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13:48 Dec 30, 2009
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Service Bulletin 170–54–0007 or 190–54–
0008, both dated December 21, 2007; as
applicable. If no aluminum fastener is found,
this AD requires no further action.
(2) If any aluminum fastener is found,
before further flight after the inspection
required by paragraph (f)(1) of this AD:
Replace any aluminum fastener with a
titanium fastener in accordance with Part II
of the Accomplishment Instructions of
Embraer Service Bulletin 170–54–0007 or
190–54–0008, both dated December 21, 2007;
as applicable.
FAA AD Differences
Note 1: This AD differs from the MCAI
and/or service information as follows: No
differences.
Other FAA AD Provisions
(g) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, ANM–116, Transport Airplane
Directorate, 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: Kenny Kaulia,
Aerospace Engineer, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone (425)
227–2848; fax (425) 227–1149. 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.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
a manufacturer or other source, use these
actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they
are approved by the State of Design Authority
(or their delegated agent). You are required
to assure the product is airworthy before it
is returned to service.
(3) Reporting Requirements: For any
reporting requirement in this AD, under the
provisions of the Paperwork Reduction Act
(44 U.S.C. 3501 et seq.), the Office of
Management and Budget (OMB) has
approved the information collection
requirements and has assigned OMB Control
Number 2120–0056.
Related Information
(h) Refer to MCAI Brazilian Airworthiness
Directive 2008–09–02, effective September
30, 2008; MCAI Brazilian Airworthiness
Directive 2008–10–04, effective November
10, 2008; and Embraer Service Bulletins 170–
54–0007 and 190–54–0008, both dated
December 21, 2007; for related information.
Material Incorporated by Reference
(i) You must use Embraer Service Bulletin
170–54–0007, dated December 21, 2007; or
Embraer Service Bulletin 190–54–0008, dated
December 21, 2007; 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
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this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in
this AD, contact Empresa Brasileira de
Aeronautica S.A. (EMBRAER), Technical
Publications Section (PC 060), Av. Brigadeiro
˜
Faria Lima, 2170—Putim—12227–901 Sao
Jose dos Campos—SP—BRASIL; telephone:
+55 12 3927–5852 or +55 12 3309–0732; fax:
+55 12 3927–7546; e-mail:
distrib@embraer.com.br; Internet: https://
www.flyembraer.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: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on
December 16, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E9–30705 Filed 12–30–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–1210; Directorate
Identifier 2009–NM–165–AD; Amendment
39–16148; AD 2008–10–09 R1]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Model 737–100, –200, –200C,
–300, –400, and –500 Series Airplanes
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for
comments.
SUMMARY: The FAA is revising an
existing airworthiness directive (AD),
which applies to all Model 737–100,
–200, –200C, –300, –400, and –500
series airplanes. That AD currently
requires revising the FAA-approved
maintenance program to incorporate
new airworthiness limitations (AWLs)
for fuel tank systems to satisfy Special
Federal Aviation Regulation No. 88
requirements. That AD also requires an
initial inspection to phase in certain
repetitive AWL inspections, and repair
if necessary. This AD clarifies the
intended effect of the AD on spare and
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Federal Register / Vol. 74, No. 250 / Thursday, December 31, 2009 / Rules and Regulations
on-airplane fuel tank system
components. That AD results from a
design review of the fuel tank system.
We are issuing this AD to prevent the
potential for ignition sources inside fuel
tanks caused by latent failures,
alterations, repairs, or maintenance
actions, which, in combination with
flammable fuel vapors, could result in a
fuel tank explosion and consequent loss
of the airplane.
DATES: This AD is effective January 15,
2010.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the AD
as of January 15, 2010.
On June 12, 2008 (73 FR 25970, May
8, 2008), the Director of the Federal
Register approved the incorporation by
reference of a certain other publication
listed in the AD.
We must receive any comments on
this AD by February 16, 2010.
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
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.
Branch, ANM–140S, FAA, Seattle
Aircraft Certification Office, 1601 Lind
Avenue, SW., Renton, Washington
98057–3356; telephone (425) 917–6438;
fax (425) 917–6590.
SUPPLEMENTARY INFORMATION:
Discussion
On April 29, 2008, we issued AD
2008–10–09, Amendment 39–15515 (73
FR 25970, May 8, 2008). That AD
applied to all Model 737–100, –200,
–200C, –300, –400, and –500 series
airplanes. That AD required revising the
FAA-approved maintenance program to
incorporate new airworthiness
limitations (AWLs) for fuel tank systems
to satisfy Special Federal Aviation
Regulation No. 88 requirements. That
AD also required an initial inspection to
phase in certain repetitive AWL
inspections, and repair if necessary.
That AD resulted from a design review
of the fuel tank system. The actions
specified in that AD are intended to
prevent the potential for ignition
sources inside fuel tanks caused by
latent failures, alterations, repairs, or
maintenance actions, which, in
combination with flammable fuel
vapors, could result in a fuel tank
explosion and consequent loss of the
airplane.
Critical design configuration control
limitations (CDCCLs) are limitation
requirements to preserve a critical
ignition source prevention feature of the
fuel tank system design that is necessary
to prevent the occurrence of an unsafe
condition. The purpose of a CDCCL is
to provide instruction to retain the
critical ignition source prevention
feature during configuration change that
may be caused by alterations, repairs, or
maintenance actions. A CDCCL is not a
periodic inspection.
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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 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: Sue
Lucier, Aerospace Engineer, Propulsion
Actions Since AD Was Issued
Since we issued that AD, we have
determined that it is necessary to clarify
the AD’s intended effect on spare and
on-airplane fuel tank system
components, regarding the use of
maintenance manuals and instructions
for continued airworthiness.
Section 91.403(c) of the Federal
Aviation Regulations (14 CFR 91.403(c))
specifies the following:
No person may operate an aircraft for
which a manufacturer’s maintenance manual
or instructions for continued airworthiness
has been issued that contains an
airworthiness limitation section unless the
mandatory * * * procedures * * * have
been complied with.
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Some operators have questioned
whether existing components affected
by the new CDCCLs must be reworked.
We did not intend for the AD to
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retroactively require rework of
components that had been maintained
using acceptable methods before the
effective date of the AD. Owners and
operators of the affected airplanes
therefore are not required to rework
affected components identified as
airworthy or installed on the affected
airplanes before the required revisions
of the FAA-approved maintenance
program. But once the CDCCLs are
incorporated into the FAA-approved
maintenance program, future
maintenance actions on components
must be done in accordance with those
CDCCLs.
Relevant Service Information
AD 2008–10–09 cites Boeing 737–
100/200/200C/300/400/500
Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements
(CMRs), D6–38278–CMR, Revision
March 2008. Since we issued that AD,
Boeing has revised the referenced
service information. We have reviewed
Boeing 737–100/200/200C/300/400/500
Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements
(CMRs), D6–38278–CMR, Revision May
2009 (hereafter referred to as ‘‘Revision
May 2009 of Document D6–38278–
CMR’’). Among other actions, the
revised service information clarifies
certain task descriptions and adds some
new AWLs for certain airplanes.
FAA’s Determination and Requirements
of This AD
The unsafe condition described
previously is likely to exist or develop
on other airplanes of the same type
design. For this reason, we are issuing
this AD to revise AD 2008–10–09. This
new AD retains the requirements of the
existing AD, and adds a new note to
clarify the intended effect of the AD on
spare and on-airplane fuel tank system
components.
Explanation of Additional Changes to
AD
AD 2008–10–09 allowed the use of
alternative inspections, inspection
intervals, or CDCCLs if they are part of
a later revision of Revision March 2008
of Document D6–38278–CMR. AD
2008–10–09 also allowed the use of later
revisions of Revision March 2008 of
Document D6–38278–CMR. Those
provisions have been removed from this
AD. Allowing the use of a ‘‘later
approved’’ or ‘‘later FAA-approved
revisions’’ of specific service documents
violates Office of the Federal Register
regulations for approving materials that
are incorporated by reference. Affected
operators, however, may request
approval to use a later revision or an
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alternative inspection, inspection
interval, or CDCCL that is part of a later
revision of the referenced service
document, as an alternative method of
compliance, under the provisions of
paragraph (k) of this AD.
Costs of Compliance
There are about 2,337 airplanes of the
affected design in the worldwide fleet.
The following table provides the
estimated costs, at an average labor rate
of $80 per work hour, for U.S. operators
to comply with this AD.
ESTIMATED COSTS
Action
Work hours
Maintenance program revision ...............................................
Inspection ...............................................................................
FAA’s Justification and Determination
of the Effective Date
This revision merely clarifies the
intended effect on spare and on-airplane
fuel tank system components, and
makes no substantive change to the
AD’s requirements. For this reason, it is
found that notice and opportunity for
prior public comment for this action are
unnecessary, and 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–
2009–1210; Directorate Identifier 2009–
NM–165–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 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 AD.
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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,
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Parts
8
8
None ...........
None ...........
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 the 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.
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
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends part 39 of the Federal
Aviation Regulations (14 CFR part 39) as
follows:
■
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Number of
U.S.-registered
airplanes
Cost per
airplane
$640
640
672
672
Fleet cost
$430,080
430,080
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
removing Amendment 39–15515 (73 FR
25970, May 8, 2008) and adding the
following new AD:
■
2008–10–09 R1 The Boeing Company:
Amendment 39–16148. Docket No.
FAA–2009–1210; Directorate Identifier
2009–NM–165–AD.
Effective Date
(a) This airworthiness directive (AD) is
effective January 15, 2010.
Affected ADs
(b) This AD revises AD 2008–10–09,
Amendment 39–15515.
Applicability
(c) This AD applies to all The Boeing
Company Model 737–100, –200, –200C,
–300, –400, and –500 series airplanes,
certificated in any category.
Unsafe Condition
(d) This AD results from a design review
of the fuel tank systems. We are issuing this
AD to prevent the potential for ignition
sources inside fuel tanks caused by latent
failures, alterations, repairs, or maintenance
actions, 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.
Restatement of Requirements of AD 2008–
10–09, With Revised Compliance Method
Service Information Reference
(f) The term ‘‘Revision March 2008 of
Document D6–38278–CMR,’’ as used in this
AD, means Boeing 737–100/200/200C/300/
400/500 Airworthiness Limitations (AWLs)
and Certification Maintenance Requirements
(CMRs), D6–38278–CMR, Revision March
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2008. The term ‘‘Revision May 2009 of
Document D6–38278–CMR,’’ as used in the
AD, means Boeing 737–100/200/200C/300/
400/500 Airworthiness Limitations (AWLs)
and Certification Maintenance Requirements
(CMRs), D6–38278–CMR, Revision May 2009.
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Maintenance Program Revision
(g) Before December 16, 2008, revise the
FAA-approved maintenance program to
incorporate the information specified in
paragraph (g)(1) or (g)(2) of this AD, as
applicable; except that the initial inspection
required by paragraph (h) of this AD must be
done at the applicable compliance time
specified in that paragraph.
(1) For Model 737–100, –200, and –200C
series airplanes: Section C, ‘‘FUEL SYSTEMS
AIRWORTHINESS LIMITATIONS,’’
including AWLs No. 28–AWL–01 through
No. 28–AWL–20 inclusive, of Revision
March 2008 of Document D6–38278–CMR, or
Revision May 2009 of Document D6–38278–
CMR. As an optional action, AWLs No. 28–
AWL–21 through No. 28–AWL–23 inclusive,
as identified in Section C of Revision March
2008 of Document D6–38278–CMR, or
Revision May 2009 of Document D6–38278–
CMR, also may be incorporated into the FAAapproved maintenance program.
(2) For Model 737–300, –400, and –500
series airplanes: Section C, ‘‘FUEL SYSTEMS
AIRWORTHINESS LIMITATIONS,’’
including AWLs No. 28–AWL–01 through
No. 28–AWL–19 inclusive, Revision March
2008 of Document D6–38278–CMR, or
Revision May 2009 of Document D6–38278–
CMR. As an optional action, AWLs No. 28–
AWL–20 through No. 28–AWL–22 inclusive,
as identified in Section C of Revision March
2008 of Document D6–38278–CMR, or
Revision May 2009 of Document D6–38278–
CMR, also may be incorporated into the FAAapproved maintenance program.
Initial Inspection and Repair if Necessary
(h) For the airplanes identified in the
‘‘Applicability’’ column of AWL No. 28–
AWL–03 of Section C of Revision March
2008 of Document D6–38278–CMR, or
Revision May 2009 of Document D6–38278–
CMR: At the later of the compliance times
specified in paragraphs (h)(1) and (h)(2) of
this AD, do a special detailed inspection of
the lightning shield to ground termination on
the out-of-tank fuel quantity indication
system (FQIS) wiring to verify functional
integrity, in accordance with AWL No. 28–
AWL–03 of Section C of Revision March
2008 of Document D6–38278–CMR, or
Revision May 2009 of Document D6–38278–
CMR. If any discrepancy is found during the
inspection, repair the discrepancy before
further flight in accordance with AWL No.
28–AWL–03 of Section C of Revision March
2008 of Document D6–38278–CMR, or
Revision May 2009 of Document D6–38278–
CMR. Accomplishing AWL No. 28–AWL–03
as part of an FAA-approved maintenance
program before the applicable compliance
time specified in paragraph (h)(1) or (h)(2) of
this AD constitutes compliance with the
requirements of this paragraph.
Note 1: For the purposes of this AD, a
special detailed inspection is: ‘‘An intensive
examination of a specific item, installation,
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or assembly to detect damage, failure, or
irregularity. The examination is likely to
make extensive use of specialized inspection
techniques and/or equipment. Intricate
cleaning and substantial access or
disassembly procedure may be required.’’
(1) Within 120 months since the date of
issuance of the original standard
airworthiness certification or the date of
issuance of the original export certificate of
airworthiness.
(2) Within 24 months after June 12, 2008
(the effective date of AD 2008–10–09).
No Alternative Inspections, Inspection
Intervals, or Critical Design Configuration
Control Limitations (CDCCLs)
(i) After accomplishing the actions
specified in paragraphs (g) and (h) of this AD,
no alternative inspections, inspection
intervals, or CDCCLs may be used unless the
inspections, intervals, or CDCCLs are
approved as an AMOC in accordance with
the procedures specified in paragraph (k) of
this AD.
Credit for Actions Done According to
Previous Revisions of the Service Information
(j) Actions done before the effective date of
this AD in accordance with the Boeing 737–
100/200/200C/300/400/500 Airworthiness
Limitations (AWLs) and Certification
Maintenance Requirements (CMRs), D6–
38278–CMR, Revision May 2006; Revision
September 2006; Revision November 2007; or
Revision March 2008; are acceptable for
compliance with the corresponding
requirements of paragraphs (g) and (h) of this
AD.
New Information
Explanation of CDCCL Requirements
Note 2: Notwithstanding any other
maintenance or operational requirements,
components that have been identified as
airworthy or installed on the affected
airplanes before the revision of the FAAapproved maintenance program, as required
by paragraph (g) of this AD, do not need to
be reworked in accordance with the CDCCLs.
However, once the FAA-approved
maintenance program has been revised,
future maintenance actions on these
components must be done in accordance
with the CDCCLs.
Alternative Methods of Compliance (AMOCs)
(k)(1) The Manager, Seattle 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: Sue
Lucier, Aerospace Engineer, Propulsion
Branch, ANM–140S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue, SW.,
Renton, Washington 98057–3356; telephone
(425) 917–6438; fax (425) 917–6590. Or,
e-mail information to 9-ANM-Seattle-ACOAMOC-Requests@faa.gov.
(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),
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69267
as appropriate, or lacking a principal
inspector, your local Flight Standards District
Office. The AMOC approval letter must
specifically reference this AD.
(3) AMOCs approved previously in
accordance with AD 2008–10–09,
Amendment 39–15515, are approved as
AMOCs for the corresponding provisions of
this AD.
Material Incorporated by Reference
(l) You must use Boeing 737–100/200/
200C/300/400/500 Airworthiness Limitations
(AWLs) and Certification Maintenance
Requirements (CMRs), D6–38278–CMR,
Revision March 2008; or Boeing 737–100/
200/200C/300/400/500 Airworthiness
Limitations (AWLs) and Certification
Maintenance Requirements (CMRs), D6–
38278–CMR, Revision May 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
Boeing 737–100/200/200C/300/400/500
Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements
(CMRs), D6–38278–CMR, Revision May 2009,
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 737–100/200/200C/300/
400/500 Airworthiness Limitations (AWLs)
and Certification Maintenance Requirements
(CMRs), D6–38278–CMR, Revision March
2008, on June 12, 2008 (73 FR 25970, May
8, 2008).
(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 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: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on
December 16, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E9–30565 Filed 12–30–09; 8:45 am]
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E:\FR\FM\31DER1.SGM
31DER1
Agencies
[Federal Register Volume 74, Number 250 (Thursday, December 31, 2009)]
[Rules and Regulations]
[Pages 69264-69267]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30565]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-1210; Directorate Identifier 2009-NM-165-AD;
Amendment 39-16148; AD 2008-10-09 R1]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Model 737-100, -200,
-200C, -300, -400, and -500 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is revising an existing airworthiness directive (AD),
which applies to all Model 737-100, -200, -200C, -300, -400, and -500
series airplanes. That AD currently requires revising the FAA-approved
maintenance program to incorporate new airworthiness limitations (AWLs)
for fuel tank systems to satisfy Special Federal Aviation Regulation
No. 88 requirements. That AD also requires an initial inspection to
phase in certain repetitive AWL inspections, and repair if necessary.
This AD clarifies the intended effect of the AD on spare and
[[Page 69265]]
on-airplane fuel tank system components. That AD results from a design
review of the fuel tank system. We are issuing this AD to prevent the
potential for ignition sources inside fuel tanks caused by latent
failures, alterations, repairs, or maintenance actions, which, in
combination with flammable fuel vapors, could result in a fuel tank
explosion and consequent loss of the airplane.
DATES: This AD is effective January 15, 2010.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of January 15,
2010.
On June 12, 2008 (73 FR 25970, May 8, 2008), the Director of the
Federal Register approved the incorporation by reference of a certain
other publication listed in the AD.
We must receive any comments on this AD by February 16, 2010.
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 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.
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 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: Sue Lucier, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6438; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Discussion
On April 29, 2008, we issued AD 2008-10-09, Amendment 39-15515 (73
FR 25970, May 8, 2008). That AD applied to all Model 737-100, -200, -
200C, -300, -400, and -500 series airplanes. That AD required revising
the FAA-approved maintenance program to incorporate new airworthiness
limitations (AWLs) for fuel tank systems to satisfy Special Federal
Aviation Regulation No. 88 requirements. That AD also required an
initial inspection to phase in certain repetitive AWL inspections, and
repair if necessary. That AD resulted from a design review of the fuel
tank system. The actions specified in that AD are intended to prevent
the potential for ignition sources inside fuel tanks caused by latent
failures, alterations, repairs, or maintenance actions, which, in
combination with flammable fuel vapors, could result in a fuel tank
explosion and consequent loss of the airplane.
Critical design configuration control limitations (CDCCLs) are
limitation requirements to preserve a critical ignition source
prevention feature of the fuel tank system design that is necessary to
prevent the occurrence of an unsafe condition. The purpose of a CDCCL
is to provide instruction to retain the critical ignition source
prevention feature during configuration change that may be caused by
alterations, repairs, or maintenance actions. A CDCCL is not a periodic
inspection.
Actions Since AD Was Issued
Since we issued that AD, we have determined that it is necessary to
clarify the AD's intended effect on spare and on-airplane fuel tank
system components, regarding the use of maintenance manuals and
instructions for continued airworthiness.
Section 91.403(c) of the Federal Aviation Regulations (14 CFR
91.403(c)) specifies the following:
No person may operate an aircraft for which a manufacturer's
maintenance manual or instructions for continued airworthiness has
been issued that contains an airworthiness limitation section unless
the mandatory * * * procedures * * * have been complied with.
Some operators have questioned whether existing components affected by
the new CDCCLs must be reworked. We did not intend for the AD to
retroactively require rework of components that had been maintained
using acceptable methods before the effective date of the AD. Owners
and operators of the affected airplanes therefore are not required to
rework affected components identified as airworthy or installed on the
affected airplanes before the required revisions of the FAA-approved
maintenance program. But once the CDCCLs are incorporated into the FAA-
approved maintenance program, future maintenance actions on components
must be done in accordance with those CDCCLs.
Relevant Service Information
AD 2008-10-09 cites Boeing 737-100/200/200C/300/400/500
Airworthiness Limitations (AWLs) and Certification Maintenance
Requirements (CMRs), D6-38278-CMR, Revision March 2008. Since we issued
that AD, Boeing has revised the referenced service information. We have
reviewed Boeing 737-100/200/200C/300/400/500 Airworthiness Limitations
(AWLs) and Certification Maintenance Requirements (CMRs), D6-38278-CMR,
Revision May 2009 (hereafter referred to as ``Revision May 2009 of
Document D6-38278-CMR''). Among other actions, the revised service
information clarifies certain task descriptions and adds some new AWLs
for certain airplanes.
FAA's Determination and Requirements of This AD
The unsafe condition described previously is likely to exist or
develop on other airplanes of the same type design. For this reason, we
are issuing this AD to revise AD 2008-10-09. This new AD retains the
requirements of the existing AD, and adds a new note to clarify the
intended effect of the AD on spare and on-airplane fuel tank system
components.
Explanation of Additional Changes to AD
AD 2008-10-09 allowed the use of alternative inspections,
inspection intervals, or CDCCLs if they are part of a later revision of
Revision March 2008 of Document D6-38278-CMR. AD 2008-10-09 also
allowed the use of later revisions of Revision March 2008 of Document
D6-38278-CMR. Those provisions have been removed from this AD. Allowing
the use of a ``later approved'' or ``later FAA-approved revisions'' of
specific service documents violates Office of the Federal Register
regulations for approving materials that are incorporated by reference.
Affected operators, however, may request approval to use a later
revision or an
[[Page 69266]]
alternative inspection, inspection interval, or CDCCL that is part of a
later revision of the referenced service document, as an alternative
method of compliance, under the provisions of paragraph (k) of this AD.
Costs of Compliance
There are about 2,337 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs, at
an average labor rate of $80 per work hour, for U.S. operators to
comply with this AD.
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Number of U.S.-
Action Work hours Parts Cost per registered Fleet cost
airplane airplanes
----------------------------------------------------------------------------------------------------------------
Maintenance program revision. 8 None............. $640 672 $430,080
Inspection................... 8 None............. 640 672 430,080
----------------------------------------------------------------------------------------------------------------
FAA's Justification and Determination of the Effective Date
This revision merely clarifies the intended effect on spare and on-
airplane fuel tank system components, and makes no substantive change
to the AD's requirements. For this reason, it is found that notice and
opportunity for prior public comment for this action are unnecessary,
and 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-2009-1210; Directorate Identifier 2009-NM-165-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 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 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
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 the 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.
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 part 39 of the Federal Aviation Regulations (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 removing Amendment 39-15515 (73 FR
25970, May 8, 2008) and adding the following new AD:
2008-10-09 R1 The Boeing Company: Amendment 39-16148. Docket No.
FAA-2009-1210; Directorate Identifier 2009-NM-165-AD.
Effective Date
(a) This airworthiness directive (AD) is effective January 15,
2010.
Affected ADs
(b) This AD revises AD 2008-10-09, Amendment 39-15515.
Applicability
(c) This AD applies to all The Boeing Company Model 737-100, -
200, -200C, -300, -400, and -500 series airplanes, certificated in
any category.
Unsafe Condition
(d) This AD results from a design review of the fuel tank
systems. We are issuing this AD to prevent the potential for
ignition sources inside fuel tanks caused by latent failures,
alterations, repairs, or maintenance actions, 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.
Restatement of Requirements of AD 2008-10-09, With Revised Compliance
Method
Service Information Reference
(f) The term ``Revision March 2008 of Document D6-38278-CMR,''
as used in this AD, means Boeing 737-100/200/200C/300/400/500
Airworthiness Limitations (AWLs) and Certification Maintenance
Requirements (CMRs), D6-38278-CMR, Revision March
[[Page 69267]]
2008. The term ``Revision May 2009 of Document D6-38278-CMR,'' as
used in the AD, means Boeing 737-100/200/200C/300/400/500
Airworthiness Limitations (AWLs) and Certification Maintenance
Requirements (CMRs), D6-38278-CMR, Revision May 2009.
Maintenance Program Revision
(g) Before December 16, 2008, revise the FAA-approved
maintenance program to incorporate the information specified in
paragraph (g)(1) or (g)(2) of this AD, as applicable; except that
the initial inspection required by paragraph (h) of this AD must be
done at the applicable compliance time specified in that paragraph.
(1) For Model 737-100, -200, and -200C series airplanes: Section
C, ``FUEL SYSTEMS AIRWORTHINESS LIMITATIONS,'' including AWLs No.
28-AWL-01 through No. 28-AWL-20 inclusive, of Revision March 2008 of
Document D6-38278-CMR, or Revision May 2009 of Document D6-38278-
CMR. As an optional action, AWLs No. 28-AWL-21 through No. 28-AWL-23
inclusive, as identified in Section C of Revision March 2008 of
Document D6-38278-CMR, or Revision May 2009 of Document D6-38278-
CMR, also may be incorporated into the FAA-approved maintenance
program.
(2) For Model 737-300, -400, and -500 series airplanes: Section
C, ``FUEL SYSTEMS AIRWORTHINESS LIMITATIONS,'' including AWLs No.
28-AWL-01 through No. 28-AWL-19 inclusive, Revision March 2008 of
Document D6-38278-CMR, or Revision May 2009 of Document D6-38278-
CMR. As an optional action, AWLs No. 28-AWL-20 through No. 28-AWL-22
inclusive, as identified in Section C of Revision March 2008 of
Document D6-38278-CMR, or Revision May 2009 of Document D6-38278-
CMR, also may be incorporated into the FAA-approved maintenance
program.
Initial Inspection and Repair if Necessary
(h) For the airplanes identified in the ``Applicability'' column
of AWL No. 28-AWL-03 of Section C of Revision March 2008 of Document
D6-38278-CMR, or Revision May 2009 of Document D6-38278-CMR: At the
later of the compliance times specified in paragraphs (h)(1) and
(h)(2) of this AD, do a special detailed inspection of the lightning
shield to ground termination on the out-of-tank fuel quantity
indication system (FQIS) wiring to verify functional integrity, in
accordance with AWL No. 28-AWL-03 of Section C of Revision March
2008 of Document D6-38278-CMR, or Revision May 2009 of Document D6-
38278-CMR. If any discrepancy is found during the inspection, repair
the discrepancy before further flight in accordance with AWL No. 28-
AWL-03 of Section C of Revision March 2008 of Document D6-38278-CMR,
or Revision May 2009 of Document D6-38278-CMR. Accomplishing AWL No.
28-AWL-03 as part of an FAA-approved maintenance program before the
applicable compliance time specified in paragraph (h)(1) or (h)(2)
of this AD constitutes compliance with the requirements of this
paragraph.
Note 1: For the purposes of this AD, a special detailed
inspection is: ``An intensive examination of a specific item,
installation, or assembly to detect damage, failure, or
irregularity. The examination is likely to make extensive use of
specialized inspection techniques and/or equipment. Intricate
cleaning and substantial access or disassembly procedure may be
required.''
(1) Within 120 months since the date of issuance of the original
standard airworthiness certification or the date of issuance of the
original export certificate of airworthiness.
(2) Within 24 months after June 12, 2008 (the effective date of
AD 2008-10-09).
No Alternative Inspections, Inspection Intervals, or Critical
Design Configuration Control Limitations (CDCCLs)
(i) After accomplishing the actions specified in paragraphs (g)
and (h) of this AD, no alternative inspections, inspection
intervals, or CDCCLs may be used unless the inspections, intervals,
or CDCCLs are approved as an AMOC in accordance with the procedures
specified in paragraph (k) of this AD.
Credit for Actions Done According to Previous Revisions of the
Service Information
(j) Actions done before the effective date of this AD in
accordance with the Boeing 737-100/200/200C/300/400/500
Airworthiness Limitations (AWLs) and Certification Maintenance
Requirements (CMRs), D6-38278-CMR, Revision May 2006; Revision
September 2006; Revision November 2007; or Revision March 2008; are
acceptable for compliance with the corresponding requirements of
paragraphs (g) and (h) of this AD.
New Information
Explanation of CDCCL Requirements
Note 2: Notwithstanding any other maintenance or operational
requirements, components that have been identified as airworthy or
installed on the affected airplanes before the revision of the FAA-
approved maintenance program, as required by paragraph (g) of this
AD, do not need to be reworked in accordance with the CDCCLs.
However, once the FAA-approved maintenance program has been revised,
future maintenance actions on these components must be done in
accordance with the CDCCLs.
Alternative Methods of Compliance (AMOCs)
(k)(1) The Manager, Seattle 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: Sue Lucier, Aerospace
Engineer, Propulsion Branch, ANM-140S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue, SW., Renton, Washington
98057-3356; telephone (425) 917-6438; fax (425) 917-6590. Or, e-mail
information to 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
(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.
(3) AMOCs approved previously in accordance with AD 2008-10-09,
Amendment 39-15515, are approved as AMOCs for the corresponding
provisions of this AD.
Material Incorporated by Reference
(l) You must use Boeing 737-100/200/200C/300/400/500
Airworthiness Limitations (AWLs) and Certification Maintenance
Requirements (CMRs), D6-38278-CMR, Revision March 2008; or Boeing
737-100/200/200C/300/400/500 Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements (CMRs), D6-38278-CMR,
Revision May 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 Boeing 737-100/200/200C/300/400/500
Airworthiness Limitations (AWLs) and Certification Maintenance
Requirements (CMRs), D6-38278-CMR, Revision May 2009, 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 737-100/200/200C/300/400/500
Airworthiness Limitations (AWLs) and Certification Maintenance
Requirements (CMRs), D6-38278-CMR, Revision March 2008, on June 12,
2008 (73 FR 25970, May 8, 2008).
(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 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: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on December 16, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-30565 Filed 12-30-09; 8:45 am]
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