Airworthiness Directives; The Boeing Company Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), and MD-88 Airplanes, 1993-1996 [2010-33345]

Download as PDF Federal Register / Vol. 76, No. 8 / Wednesday, January 12, 2011 / Rules and Regulations mstockstill on DSKH9S0YB1PROD with RULES compliance with EASA AD 2007–0241R3. All aeroplanes which are in compliance with EASA AD 2007–0241R3 have to follow the repetitive inspection requirements as described in Pilatus PC–6 AMM Chapter 04– 00–00, Document Number 01975, Revision 12 and the Airworthiness Limitations (ALS) Document Number 02334 Revision 1 mandated by EASA AD 2010–0176. Therefore the repetitive inspection requirements corresponding paragraphs have been deleted in this new EASA AD revision. The paragraph numbers of EASA AD 2007– 0241R numbering has been maintained for referencing needs. This AD requires actions that are intended to address the unsafe condition described in the MCAI. Actions and Compliance (f) Unless already done, do the following actions: (1) For affected airplanes that have not had both wing strut fittings replaced within the last 100 hours time-in-service (TIS) before September 26, 2007 (the effective date of AD 2007–19–14), or have not been inspected using an eddy current inspection method following Pilatus Aircraft Ltd. Pilatus PC–6 Service Bulletin No. 57–004, dated April 16, 2007, within the last 100 hours TIS before September 26, 2007 (the effective date of AD 2007–19–14): Before further flight after either September 26, 2007 (the effective date of AD 2007–19–14), or October 1, 2009 (the effective date of AD 2009–18–03), visually inspect the upper wing strut fittings and examine the spherical bearings following the Pilatus Aircraft Ltd. Pilatus PC–6 Service Bulletin No. 57–005, REV No. 2, dated May 19, 2008. (2) For all affected airplanes: Within 25 hours TIS after September 26, 2007 (the effective date of AD 2007–19–14), or within 30 days after September 26, 2007 (the effective date of AD 2007–19–14), whichever occurs first, visually and using eddy current methods, inspect the upper wing strut fittings and examine the spherical bearings following Pilatus Aircraft Ltd. Pilatus PC–6 Service Bulletin No. 57–005, REV No. 2, dated May 19, 2008. (3) You may also take ‘‘unless already done’’ credit for any inspection specified in paragraphs (f)(1) or (f)(2) of this AD if done before October 1, 2009 (the effective date retained from AD 2009–18–03) following Pilatus Aircraft Ltd. Pilatus PC–6 Service Bulletin No. 57–005, dated August 30, 2007; or Pilatus Aircraft Ltd. Pilatus PC–6 Service Bulletin No. 57–005, REV No. 1, dated November 19, 2007. (4) For all affected airplanes: If during any inspection required by paragraphs (f)(1) or (f)(2) of this AD you find cracks in the upper wing strut fitting or the spherical bearing is not in conformity, before further flight, replace the cracked upper wing strut fitting and/or the nonconforming spherical bearing following Chapter 57–00–02 of Pilatus Aircraft Ltd. Pilatus PC–6 Aircraft Maintenance Manual, dated November 30, 2008. Note 1: AD 2011–01–14 requires the incorporation of the updated maintenance requirements into the airworthiness VerDate Mar<15>2010 16:46 Jan 11, 2011 Jkt 223001 limitations section of the instructions for continued airworthiness. Those updated maintenance requirements include the repetitive inspections for the wing strut fittings and the spherical bearings. This revised AD removes those repetitive inspections. FAA AD Differences Note 2: 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, Standards Office, 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: Doug Rudolph, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329–4059; fax: (816) 329– 4090. 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. (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, a federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2120–0056. Public reporting for this collection of information is estimated to be approximately 5 minutes per response, including the time for reviewing instructions, completing and reviewing the collection of information. All responses to this collection of information are mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at: 800 Independence Ave., SW., Washington, DC 20591, Attn: Information Collection Clearance Officer, AES–200. Related Information (h) Refer to MCAI EASA AD No.: 2007– 0241R4, dated August 31, 2010; Pilatus Aircraft Ltd. Pilatus PC–6 Service Bulletin No. 57–005, REV No. 2, dated May 19, 2008; Pilatus Aircraft Ltd. Pilatus PC–6 Service Bulletin No. 57–005, REV No. 1, dated November 19, 2007; Pilatus Aircraft Ltd. Pilatus PC–6 Service Bulletin No. 57–005, dated August 30, 2007; Pilatus Aircraft Ltd. Pilatus PC–6 Service Bulletin No. 57–004, PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 1993 dated April 16, 2007; and Chapter 57–00–02 of Pilatus Aircraft Ltd. Pilatus PC–6 Aircraft Maintenance Manual, dated November 30, 2008, for related information. Material Incorporated by Reference (h) You must use Pilatus Aircraft Ltd. Pilatus PC–6 Service Bulletin No. 57–005, REV No. 2, dated May 19, 2008; and Chapter 57–00–02 of Pilatus Aircraft Ltd. Pilatus PC– 6 Aircraft Maintenance Manual, dated November 30, 2008 (referenced as revision 9 in EASA AD No.: 2007–0241R3), to do the actions required by this AD, unless the AD specifies otherwise. (1) On October 1, 2009 (74 FR 43636, August 27, 2009), the Director of the Federal Register previously approved the incorporation by reference of Pilatus Aircraft Ltd. Pilatus PC–6 Service Bulletin No. 57– 005, REV No. 2, dated May 19, 2008; and Chapter 57–00–02 of Pilatus Aircraft Ltd. Pilatus PC–6 Aircraft Maintenance Manual, dated November 30, 2008 (referenced as revision 9 in EASA AD No.: 2007–0241R3). (2) For service information identified in this AD, contact PILATUS AIRCRAFT LTD., Customer Service Manager, CH–6371 STANS, Switzerland; telephone: +41 (0) 41 619 65 01; fax: +41 (0) 41 619 65 76; Internet: https://www.pilatus-aircraft.com. (3) You may review copies of the referenced service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call 816–329–4148. (4) You may also review copies of the service information incorporated by reference for this AD 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 Kansas City, Missouri, on December 28, 2010. Earl Lawrence, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 2010–33333 Filed 1–11–11; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2010–0549; Directorate Identifier 2010–NM–109–AD; Amendment 39–16573; AD 2011–01–16] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Model DC–9–81 (MD–81), DC–9–82 (MD–82), DC–9–83 (MD–83), DC–9–87 (MD–87), and MD–88 Airplanes Federal Aviation Administration (FAA), DOT. AGENCY: E:\FR\FM\12JAR1.SGM 12JAR1 1994 ACTION: Federal Register / Vol. 76, No. 8 / Wednesday, January 12, 2011 / Rules and Regulations Final rule. FOR FURTHER INFORMATION CONTACT: We are adopting a new airworthiness directive (AD) for the products listed above. This AD requires installing fuel level float and pressure switch in-line fuses on the wing forward spars and forward and aft auxiliary fuel tanks, depending on the airplane configuration. This AD was prompted by fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent 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. DATES: This AD is effective February 16, 2011. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of February 16, 2011. 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. You may review copies of the referenced 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. SUMMARY: 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 address for the Docket Office (phone: 800–647–5527) is 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. Samuel Lee, Aerospace Engineer, Propulsion Branch, ANM–140L, FAA, Los Angeles Aircraft Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, California 90712–4137; telephone 562–627–5262; fax 562–627– 5210; e-mail samuel.lee@faa.gov. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an airworthiness directive (AD) that would apply to the specified products. That NPRM was published in the Federal Register on June 18, 2010 (75 FR 34661). That NPRM proposed to require installing fuel level float and pressure switch inline fuses on the wing forward spars and forward and aft auxiliary fuel tanks, depending on the airplane configuration. Comments We gave the public the opportunity to participate in developing this AD. The following presents the comment received on the proposal and the FAA’s response. Request To Clarify Applicability American Airlines (American) requested that we clarify the applicability of the NPRM. That NPRM identified airplanes in the effectivity of Boeing Service Bulletin MD80–28–226, dated April 14, 2010, which specifies that airplanes are not affected unless the actions specified in McDonnell Douglas MD–80 Service Bulletin 28–054 or 28– 058 have been done or the float switches have been installed. (These service bulletins are currently at Revision 1, dated April 15, 1992; and Revision 2, dated July 6, 1992; respectively.) American reports that it operates airplanes with switches incorporated in production, but not installed specifically in accordance with McDonnell Douglas MD–80 Service Bulletin 28–054 or 28–058. American therefore requests that we clarify the applicability of the proposed AD to specify whether airplanes equipped with the subject fuel float/pressure switches—regardless of the method of installation—are affected. We agree to provide clarification. McDonnell Douglas MD–80 Service Bulletins 28–054 and 28–058 specify that the switches are installed in production on specified and subsequent fuselage numbers. If switches are installed using McDonnell Douglas Service Bulletin 28–054 or 28–058 or production equivalent, the actions of this AD are required. We have added Note 1 in this AD to clarify the applicability. Change to the Installation Requirements The NPRM referred to Boeing Service Bulletin MD80–28–226, dated April 14, 2010, as the appropriate source of service information for the proposed requirements. Boeing has identified errors in certain references identified in that service bulletin, and issued Service Bulletin Information Notice MD80–28– 226 IN 01, dated April 23, 2010, to correct these errors. We have included these corrections in new paragraph (h) in this final rule. Explanation of Change Made to the [Proposed] AD We have revised this AD to identify the legal name of the manufacturer as published in the most recent type certificate data sheet for the affected airplane models. Conclusion We reviewed the relevant data, considered the comment received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We determined that these changes will not increase the economic burden on any operator or increase the scope of the AD. Costs of Compliance We estimate that this AD affects 640 airplanes of U.S. registry. The following table provides the estimated costs, depending on the airplane configuration, for U.S. operators to comply with this AD. mstockstill on DSKH9S0YB1PROD with RULES ESTIMATED COSTS Action Work hours Installation .......... VerDate Mar<15>2010 Between 7 and 17. 16:46 Jan 11, 2011 Jkt 223001 $85 PO 00000 Frm 00016 Cost per product Number of U.S.registered airplanes Between $817 and $1,725. Average labor rate per hour Between $1,412 and $3,170. 640 Fmt 4700 E:\FR\FM\12JAR1.SGM Parts Sfmt 4700 12JAR1 Fleet cost Between $903,680 and $2,028,800. Federal Register / Vol. 76, No. 8 / Wednesday, January 12, 2011 / Rules and Regulations Authority for This Rulemaking § 39.13 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. 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), (3) Will not affect intrastate aviation in Alaska, and (4) 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. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: ■ mstockstill on DSKH9S0YB1PROD with RULES Exception to Service Bulletin Specifications ■ Regulatory Findings 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. VerDate Mar<15>2010 16:46 Jan 11, 2011 Jkt 223001 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2011–01–16 The Boeing Company: Amendment 39–16573; Docket No. FAA–2010–0549; Directorate Identifier 2010–NM–109–AD. Effective Date (a) This AD is effective February 16, 2011. Affected ADs (b) None. Applicability (c) This AD applies to The Boeing Company Model DC–9–81 (MD–81), DC–9– 82 (MD–82), DC–9–83 (MD–83), DC–9–87 (MD–87), and MD–88 airplanes; certificated in any category; as identified in Boeing Service Bulletin MD80–28–226, dated April 14, 2010. Note 1: The applicability of this AD is limited to airplanes on which switches are installed in accordance with McDonnell Douglas MD–80 Service Bulletin 28–054, dated April 8, 1991, or Revision 1, dated April 15, 1992; or McDonnell Douglas MD– 80 Service Bulletin 28–058, dated April 8, 1991, Revision 1, dated August 2, 1991, or Revision 2, dated July 6, 1992; or production equivalent. Subject (d) Air Transport Association (ATA) of America Code 28: Fuel. Unsafe Condition (e) This AD results from fuel system reviews conducted by the manufacturer. The Federal Aviation Administration is issuing this AD to prevent 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. Compliance (f) You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Fuse Installation (g) Within 60 months after the effective date of this AD, install fuel level float and pressure switch in-line fuses, and do applicable wiring changes, in the applicable locations specified in paragraph (g)(1), (g)(2), or (g)(3) of this AD. Do the actions in accordance with the Accomplishment Instructions of Boeing Service Bulletin MD80–28–226, dated April 14, 2010, except as required by paragraph (h) of this AD. (1) For Groups 1 through 6: On the left, right, and center wing forward spars. (2) For Groups 7 and 8: On the left, right, and center wing forward spars, and aft auxiliary fuel tank. (3) For Groups 9 through 11: On the left, right, and center wing forward spars, forward auxiliary fuel tank, and aft auxiliary fuel tank. PO 00000 Frm 00017 Fmt 4700 1995 Sfmt 4700 (h) Paragraph 3.B.1. of Boeing Service Bulletin MD80–28–226, dated April 14, 2010, for Groups 1 through 11, refers to the Boeing MD80 Airplane Maintenance Manual (AMM) defueling procedure MD80 AMM 12–13–00. The correct reference is Boeing MD80 AMM 12–11–01. Alternative Methods of Compliance (AMOCs) (i)(1) The Manager, Los Angeles Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to Attn: Samuel Lee, Aerospace Engineer, Propulsion Branch, ANM–140L, FAA, Los Angeles ACO, 3960 Paramount Boulevard, Lakewood, California 90712–4137; telephone 562–627–5262; fax 562–627–5210. (2) To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your principal maintenance inspector (PMI) or principal avionics inspector (PAI), as appropriate, or lacking a principal inspector, your local Flight Standards District Office. The AMOC approval letter must specifically reference this AD. Related Information (j) For more information about this AD, contact Samuel Lee, Aerospace Engineer, Propulsion Branch, ANM–140L, FAA, Los Angeles ACO, 3960 Paramount Boulevard, Lakewood, California 90712–4137; telephone 562–627–5262; fax 562–627–5210; e-mail samuel.lee@faa.gov. Material Incorporated by Reference (k) You must use Boeing Service Bulletin MD80–28–226, dated April 14, 2010, 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. (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 an NARA facility, call 202–741– 6030, or go to https://www.archives.gov/ federal_register/code_of_federal_regulations/ ibr_locations.html. E:\FR\FM\12JAR1.SGM 12JAR1 1996 Federal Register / Vol. 76, No. 8 / Wednesday, January 12, 2011 / Rules and Regulations Issued in Renton, Washington, on December 27, 2010. Jeffrey E. Duven, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [Docket No. FAA–2011–0014; Directorate Identifier 2010–CE–066–AD; Amendment 39–16577; AD 2011–02–04] 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 M7 Aerospace LP, 10823 NE Entrance Road, San Antonio, Texas 78216; telephone: (210) 824– 9421; Internet: https:// www.m7aerospace.com. You may review copies of the referenced service information at the FAA, Small Airplane Directorate, 901 Locust St., Kansas City, Missouri 64016. For information on the availability of this material at the FAA, call (816) 329–4148. RIN 2120–AA64 Examining the AD Docket Airworthiness Directives; M7 Aerospace LP (Type Certificate Previously Held by Fairchild Aircraft Incorporated) Models SA26–AT, SA26– T, SA226–AT, SA226–T, SA226–T(B), SA226–TC, SA227–AC (C–26A), SA227–AT, SA227–BC (C–26A), SA227–CC, SA227–DC (C–26B), and SA227–TT Airplanes 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 (phone: 800–647– 5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Hung Nguyen, Aerospace Engineer, Fort Worth Airplane Certification Office, FAA, 2601 Meacham Blvd., Fort Worth, Texas 76137–0150; phone: (817) 222– 5155; fax: (817) 222–5960; e-mail: hung.v.nguyen@faa.gov. [FR Doc. 2010–33345 Filed 1–11–11; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. AGENCY: We are adopting a new airworthiness directive (AD) for the products listed above. This AD requires repetitively inspecting the cockpit heated windshields for damage and replacing damaged windshields. This AD was prompted by reports from the windshield manufacturer of inner glass ply fracture. We are issuing this AD to detect and correct damage to the cockpit heated windshield, which could result in failure of the windshield with consequent rapid cabin decompression and loss of control of the airplane. DATES: This AD is effective January 24, 2011. The Director of the Federal Register approved the incorporation by reference of certain publication listed in the AD as of January 24, 2011. We must receive comments on this AD by February 28, 2011. 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– mstockstill on DSKH9S0YB1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:46 Jan 11, 2011 Jkt 223001 SUPPLEMENTARY INFORMATION: We received reports from the windshield manufacturer of inner glass ply fractures found on 19 windshields over a 32-month period. As a result of the fractures, a windshield on one of the affected airplanes was reported to have failed completely. This condition, if not corrected, could result in failure of the cockpit heated windshield, causing rapid cabin decompression and loss of control of the airplane. Relevant Service Information We reviewed M7 Aerospace Service Bulletins 26–56–001, 226–56–011, 227– 56–012, and CC7–56–009, all dated December 1, 2010. These service bulletins describe procedures for repetitively inspecting the cockpit heated windshield for damage and replacing damaged windshields. FAA’s Determination We are issuing this AD because we evaluated all the relevant information Frm 00018 Fmt 4700 Sfmt 4700 AD Requirements This AD requires accomplishing the actions specified in the service information described previously, except as discussed under ‘‘Differences Between the AD and the Service Information.’’ Interim Action We consider this AD interim action. The design approval holder is currently developing a modification that will address the unsafe condition identified in this AD. Once this modification is developed, approved, and available, we might consider additional rulemaking. FAA’s Justification and Determination of the Effective Date An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because this condition could result in failure of the cockpit windshield. This failure could lead to rapid cabin decompression and loss of control of the airplane. Therefore, we find that notice and opportunity for prior public comment are impracticable and that good cause exists for making this amendment effective in less than 30 days. Comments Invited Discussion PO 00000 and determined the unsafe condition described previously is likely to exist or develop in other products of the same type design. This AD is a final rule that involves requirements affecting flight safety and was not preceded by notice and an opportunity for public comment. 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 the docket number FAA–2011–0014 and Directorate Identifier 2010–CE–066–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. E:\FR\FM\12JAR1.SGM 12JAR1

Agencies

[Federal Register Volume 76, Number 8 (Wednesday, January 12, 2011)]
[Rules and Regulations]
[Pages 1993-1996]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-33345]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0549; Directorate Identifier 2010-NM-109-AD; 
Amendment 39-16573; AD 2011-01-16]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Model DC-9-81 (MD-
81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), and MD-88 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

[[Page 1994]]


ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD requires installing fuel level float and 
pressure switch in-line fuses on the wing forward spars and forward and 
aft auxiliary fuel tanks, depending on the airplane configuration. This 
AD was prompted by fuel system reviews conducted by the manufacturer. 
We are issuing this AD to prevent 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.

DATES: This AD is effective February 16, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of February 16, 
2011.

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. You may 
review copies of the referenced 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.

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 address for the 
Docket Office (phone: 800-647-5527) is 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: Samuel Lee, Aerospace Engineer, 
Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification 
Office (ACO), 3960 Paramount Boulevard, Lakewood, California 90712-
4137; telephone 562-627-5262; fax 562-627-5210; e-mail 
samuel.lee@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an airworthiness directive (AD) that would apply to 
the specified products. That NPRM was published in the Federal Register 
on June 18, 2010 (75 FR 34661). That NPRM proposed to require 
installing fuel level float and pressure switch in-line fuses on the 
wing forward spars and forward and aft auxiliary fuel tanks, depending 
on the airplane configuration.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comment received on the proposal 
and the FAA's response.

Request To Clarify Applicability

    American Airlines (American) requested that we clarify the 
applicability of the NPRM. That NPRM identified airplanes in the 
effectivity of Boeing Service Bulletin MD80-28-226, dated April 14, 
2010, which specifies that airplanes are not affected unless the 
actions specified in McDonnell Douglas MD-80 Service Bulletin 28-054 or 
28-058 have been done or the float switches have been installed. (These 
service bulletins are currently at Revision 1, dated April 15, 1992; 
and Revision 2, dated July 6, 1992; respectively.) American reports 
that it operates airplanes with switches incorporated in production, 
but not installed specifically in accordance with McDonnell Douglas MD-
80 Service Bulletin 28-054 or 28-058. American therefore requests that 
we clarify the applicability of the proposed AD to specify whether 
airplanes equipped with the subject fuel float/pressure switches--
regardless of the method of installation--are affected.
    We agree to provide clarification. McDonnell Douglas MD-80 Service 
Bulletins 28-054 and 28-058 specify that the switches are installed in 
production on specified and subsequent fuselage numbers. If switches 
are installed using McDonnell Douglas Service Bulletin 28-054 or 28-058 
or production equivalent, the actions of this AD are required. We have 
added Note 1 in this AD to clarify the applicability.

Change to the Installation Requirements

    The NPRM referred to Boeing Service Bulletin MD80-28-226, dated 
April 14, 2010, as the appropriate source of service information for 
the proposed requirements. Boeing has identified errors in certain 
references identified in that service bulletin, and issued Service 
Bulletin Information Notice MD80-28-226 IN 01, dated April 23, 2010, to 
correct these errors. We have included these corrections in new 
paragraph (h) in this final rule.

Explanation of Change Made to the [Proposed] AD

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

Conclusion

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

Costs of Compliance

    We estimate that this AD affects 640 airplanes of U.S. registry. 
The following table provides the estimated costs, depending on the 
airplane configuration, for U.S. operators to comply with this AD.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     Average labor rate                                            Number of U.S.-
            Action                  Work hours            per hour              Parts         Cost per product   registered airplanes      Fleet cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
Installation..................  Between 7 and 17.                   $85   Between $817 and   Between $1,412                      640   Between $903,680
                                                                           $1,725.            and $3,170.                               and $2,028,800.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 1995]]

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
subtitle VII, part A, subpart III, section 44701: ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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


Sec.  39.13  [Amended]

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

2011-01-16 The Boeing Company: Amendment 39-16573; Docket No. FAA-
2010-0549; Directorate Identifier 2010-NM-109-AD.

Effective Date

    (a) This AD is effective February 16, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to The Boeing Company Model DC-9-81 (MD-81), 
DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), and MD-88 
airplanes; certificated in any category; as identified in Boeing 
Service Bulletin MD80-28-226, dated April 14, 2010.

    Note 1:  The applicability of this AD is limited to airplanes on 
which switches are installed in accordance with McDonnell Douglas 
MD-80 Service Bulletin 28-054, dated April 8, 1991, or Revision 1, 
dated April 15, 1992; or McDonnell Douglas MD-80 Service Bulletin 
28-058, dated April 8, 1991, Revision 1, dated August 2, 1991, or 
Revision 2, dated July 6, 1992; or production equivalent.

Subject

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

Unsafe Condition

    (e) This AD results from fuel system reviews conducted by the 
manufacturer. The Federal Aviation Administration is issuing this AD 
to prevent 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.

Compliance

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

Fuse Installation

    (g) Within 60 months after the effective date of this AD, 
install fuel level float and pressure switch in-line fuses, and do 
applicable wiring changes, in the applicable locations specified in 
paragraph (g)(1), (g)(2), or (g)(3) of this AD. Do the actions in 
accordance with the Accomplishment Instructions of Boeing Service 
Bulletin MD80-28-226, dated April 14, 2010, except as required by 
paragraph (h) of this AD.
    (1) For Groups 1 through 6: On the left, right, and center wing 
forward spars.
    (2) For Groups 7 and 8: On the left, right, and center wing 
forward spars, and aft auxiliary fuel tank.
    (3) For Groups 9 through 11: On the left, right, and center wing 
forward spars, forward auxiliary fuel tank, and aft auxiliary fuel 
tank.

Exception to Service Bulletin Specifications

    (h) Paragraph 3.B.1. of Boeing Service Bulletin MD80-28-226, 
dated April 14, 2010, for Groups 1 through 11, refers to the Boeing 
MD80 Airplane Maintenance Manual (AMM) defueling procedure MD80 AMM 
12-13-00. The correct reference is Boeing MD80 AMM 12-11-01.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, Los Angeles Aircraft Certification Office 
(ACO), FAA, has the authority to approve AMOCs for this AD, if 
requested using the procedures found in 14 CFR 39.19. Send 
information to Attn: Samuel Lee, Aerospace Engineer, Propulsion 
Branch, ANM-140L, FAA, Los Angeles ACO, 3960 Paramount Boulevard, 
Lakewood, California 90712-4137; telephone 562-627-5262; fax 562-
627-5210.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.

Related Information

    (j) For more information about this AD, contact Samuel Lee, 
Aerospace Engineer, Propulsion Branch, ANM-140L, FAA, Los Angeles 
ACO, 3960 Paramount Boulevard, Lakewood, California 90712-4137; 
telephone 562-627-5262; fax 562-627-5210; e-mail samuel.lee@faa.gov.

Material Incorporated by Reference

    (k) You must use Boeing Service Bulletin MD80-28-226, dated 
April 14, 2010, 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.
    (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 an NARA facility, call 202-741-6030, or go to https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.


[[Page 1996]]


    Issued in Renton, Washington, on December 27, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-33345 Filed 1-11-11; 8:45 am]
BILLING CODE 4910-13-P
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