Airworthiness Directives; The Boeing Company Model DC-9-14, DC-9-15, and DC-9-15F Airplanes; and DC-9-20, DC-9-30, DC-9-40, and DC-9-50 Series Airplanes, 18022-18024 [2011-6633]

Download as PDF 18022 Federal Register / Vol. 76, No. 63 / Friday, April 1, 2011 / Rules and Regulations jlentini on DSKJ8SOYB1PROD with RULES However, on 16g seats the affected links have a direct influence on certification dynamic tests and cannot be replaced by similar stronger links without performing again all dynamic tests for each seat part number. Failure of the backrest links could result in injury to an occupant during emergency landing conditions. The required actions include a general visual inspection for cracking of backrest links, replacement with new links if cracking is found, and eventual replacement of all links with new links. Actions and Compliance (f) Unless already done, do the following actions. (1) At the later of the times specified in paragraphs (f)(1)(i) and (f)(1)(ii) of this AD, do a general visual inspection for cracking of the backrest links, P/Ns 90–000200–104–1 and 90–000200–104–2, in accordance with Part One, ‘‘Checking Procedure,’’ of Sicma Aero Seat Service Bulletin 90–25–012, Issue 5, dated March 19, 2004. (i) Before 6,000 flight hours on the backrest link since new. (ii) Within 900 flight hours or 5 months after the effective date of this AD, whichever occurs later. (2) If, during the inspection required by paragraph (f)(1) of this AD, cracking is found between the side of the backrest link and the lock-out pin hole but the cracking does not pass this lock-out pin hole (refer to Figure 2 of Sicma Aero Seat Service Bulletin 90–25– 012, Issue 5, dated March 19, 2004): Within 600 flight hours or 3 months after doing the inspection, whichever occurs first, replace both backrest links of the affected seat with new backrest links having the same part number (P/N 90–000200–104–1 or 90– 000200–104–2), in accordance with Part Two, ‘‘Replacement Procedure,’’ of Sicma Aero Seat Service Bulletin 90–25–012, Issue 5, dated March 19, 2004. (3) If, during the inspection required by paragraph (f)(1) of this AD, cracking is found that passes beyond the lock-out pin hole (refer to Figure 2 of Sicma Aero Seat Service Bulletin 90–25–012, Issue 5, dated March 19, 2004): Before further flight, replace both backrest links of the affected seat with new backrest links having the same part numbers (P/N 90–000200–104–1 or 90–000200–104– 2), in accordance with Part Two, ‘‘Replacement Procedure,’’ of Sicma Aero Seat Service Bulletin 90–25–012, Issue 5, dated March 19, 2004. (4) If no cracking is found during the inspection required by paragraph (f)(1) of this AD: At the later of the times specified in paragraphs (f)(4)(i) and (f)(4)(ii) of this AD, replace the links, P/Ns 90–000200–104–1 and 90–000200–104–2, with new backrest links having the same part numbers (P/N 90– 000200–104–1 or 90–000200–104–2), in accordance with Part Two, ‘‘Replacement Procedure,’’ of Sicma Aero Seat Service Bulletin 90–25–012, Issue 5, dated March 19, 2004. (i) Before 12,000 flight hours on the backrest links, P/Ns 90–000200–104–1 and 90–000200–104–2, since new. (ii) Within 900 flight hours or 5 months after the effective date of this AD, whichever occurs later. VerDate Mar<15>2010 16:52 Mar 31, 2011 Jkt 223001 (5) Actions done before the effective date of this AD in accordance with Sicma Aero Seat Service Bulletin 90–25–012, Issue 3, dated October 3, 2001; and Sicma Aero Seat Service Bulletin 90–25–012, Issue 4, dated December 19, 2001; are acceptable for compliance with the corresponding actions of this AD. FAA AD Differences Note 2: This AD differs from the MCAI and/or service information as follows: The MCAI specifies doing repetitive inspections for cracking of links having over 12,000 flight hours since new until the replacement of the link is done. This AD does not include those repetitive inspections because we have reduced the required time for replacing those links. This AD requires replacement of the link before 12,000 flight hours since new, or within 900 flight hours or 5 months after the effective date of this AD, whichever occurs later. Other FAA AD Provisions (g) The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, Boston Aircraft Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the ACO, send it to ATTN: Jeffrey Lee, Aerospace Engineer, Boston Aircraft Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; telephone (781) 238– 7161; fax (781) 238–7170. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. The AMOC approval letter must specifically reference this AD. (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. Related Information (h) Refer to MCAI French Airworthiness Directive 2001–605(AB), dated December 12, 2001; and Sicma Aero Seat Service Bulletin 90–25–012, Issue 5, dated March 19, 2004; for related information. Material Incorporated by Reference (i) You must use Sicma Aero Seat Service Bulletin 90–25–012, Issue 5, dated March 19, 2004, including Annex 1, Issue 2, dated March 19, 2004, 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 Sicma Aero Seat, 7, Rue PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 Lucien Coupet, 36100 ISSOUDUN, France; telephone +33 (0) 2 54 03 39 39; fax +33 (0) 2 54 03 39 00; e-mail customerservices@sicma.zodiac.com; Internet https://www.sicma.zodiac.com/en/. (3) You may review copies of the service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information on the availability of this material at the FAA, call 425–227–1221. (4) You may also review copies of the service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: https://www.archives.gov/federal_register/ code_of_federal_regulations/ ibr_locations.html. Issued in Renton, Washington, on March 14, 2011. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2011–6628 Filed 3–31–11; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2010–0958; Directorate Identifier 2010–NM–188–AD; Amendment 39–16641; AD 2011–07–04] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Model DC–9–14, DC–9–15, and DC–9–15F Airplanes; and DC–9– 20, DC–9–30, DC–9–40, and DC–9–50 Series Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: We are adopting a new airworthiness directive (AD) for the products listed above. This AD requires installing new in-line fuses for the fuel level float switch and new in-line fuses for the pressure switch, as applicable, and changing the wiring. The proposed actions would affect the left and right wing forward spars, center wing forward spar, forward auxiliary fuel tank, and aft auxiliary fuel tank, as applicable. 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 May 6, 2011. The Director of the Federal Register approved the incorporation by reference SUMMARY: E:\FR\FM\01APR1.SGM 01APR1 Federal Register / Vol. 76, No. 63 / Friday, April 1, 2011 / Rules and Regulations of a certain publication listed in the AD as of May 6, 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, 3960 Paramount Boulevard, Lakewood, California 90712–4137; phone: 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 published in the Federal Register on October 8, 2010 (75 FR 62331). That NPRM proposed to require installing new in-line fuses for the fuel level float switch and new in-line fuses for the pressure switch, as applicable, and changing the wiring. Comments We gave the public the opportunity to participate in developing this AD. We considered the comments received. Request Revision of FAA AD 2008–11– 15 Aeropostal requested that we issue this AD as a revision to existing AD 2008–11–15. Aeropostal stated that the requirement of installing fuses in the proposed AD is incorporated by Boeing Critical Design Configuration Control Limitation (CDCCL) 20–13 of Twinjet Special Compliance Items Report, MDC–92K9145, Revision J, dated January 26, 2010. We disagree with the request to revise AD 2008–11–15. AD 2008–11–15 requires incorporation of Boeing Twinjet Special Compliance Items Report, MDC–92K9145, Revision G, dated June 7, 2007, which does not include CDCCL 20–13. This proposed AD does not require incorporating CDCCL 20–13. This AD requires the installation of new in-line fuses for the fuel level float switch and new in-line fuses for the pressure switch. We might consider future rulemaking to revise AD 2008–11–15 to include CDCCL 20–13. No change has been made to AD 2008– 11–15 or this AD in this regard. Request for Clarification Aeropostal requested clarification concerning the NPRM and whether it will satisfy the requirements of AD 2008–11–15. 18023 We agree that clarification is needed. AD 2008–11–15 requires revising the maintenance program or the Airworthiness Limitations (AWL) section of the Instructions for Continued Airworthiness to incorporate new AWLs for fuel tank systems, in accordance with Boeing Twinjet Special Compliance Items Report, MDC– 92K9145, Revision G, dated June 7, 2007. This AD has different requirements including the installation of new in-line fuses for the fuel level float switch and new in-line fuses for the pressure switches. No change has been made to this AD in this regard. Explanation of Change Made to the 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 available data, including the comments received, and determined that air safety and the public interest require adopting the AD with the change described previously. We have determined that this change: • Is consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and • Does not add any additional burden upon the public than was already proposed in the NPRM. We also determined that this change 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 275 airplanes of U.S. registry. We estimate the following costs to comply with this AD: ESTIMATED COSTS Action Installation .... 1 Depending Labor cost Up to 17 work-hours × $85 per hour = Up to $1,4451. jlentini on DSKJ8SOYB1PROD with RULES Cost per product Between $289 and $1,4491 ... Between $1,734 and $2,8941 Between $476,850 and $795,850.1 on airplane group as identified in Boeing Service Bulletin DC9–28–217, Revision 1, dated August 12, 2010. 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 VerDate Mar<15>2010 Cost on U.S. operators Parts cost 16:52 Mar 31, 2011 Jkt 223001 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 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 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 E:\FR\FM\01APR1.SGM 01APR1 18024 Federal Register / Vol. 76, No. 63 / Friday, April 1, 2011 / Rules and Regulations 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 Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): ■ 2011–07–04 The Boeing Company: Amendment 39–16641; Docket No. FAA–2010–0958; Directorate Identifier 2010–NM–188–AD. Effective Date (a) This AD is effective May 6, 2011. jlentini on DSKJ8SOYB1PROD with RULES Affected ADs (b) None. Applicability (c) This AD applies to The Boeing Company Model DC–9–14, DC–9–15, DC–9– 15F, DC–9–21, DC–9–31, DC–9–32, DC–9–32 (VC–9C), DC–9–32F, DC–9–32F (C–9A), DC– 9–32F (C9–B), DC–9–33F, DC–9–34, DC–9– 34F, DC–9–41, and DC–9–51 airplanes, certificated in any category; as identified in Boeing Service Bulletin DC9–28–217, Revision 1, dated August 12, 2010. VerDate Mar<15>2010 16:52 Mar 31, 2011 Jkt 223001 Subject (d) Joint Aircraft System Component (JASC)/Air Transport Association (ATA) of America Code 28: Fuel. Unsafe Condition (e) 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. Compliance (f) Comply with this AD within the compliance times specified, unless already done. Installation (g) Within 60 months after the effective date of this AD: Install new in-line fuses for the fuel level float switch and new in-line fuses for the pressure switch, as applicable; and change the wiring; on the left and right wing forward spars, center wing forward spar, forward auxiliary fuel tank, and aft auxiliary fuel tank, as applicable; in accordance with the Accomplishment Instructions of Boeing Service Bulletin DC9– 28–217, Revision 1, dated August 12, 2010. 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. Issued in Renton, Washington, on March 14, 2011. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. Credit for Actions Accomplished in Accordance With Previous Service Information (h) Actions done before the effective date of this AD in accordance with Boeing Service Bulletin DC9–28–217, dated December 1, 2009, are acceptable for compliance with the requirements of paragraph (g) of this AD. [FR Doc. 2011–6633 Filed 3–31–11; 8:45 am] 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. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the ACO, send it to the attention of the person identified in the Related Information section of this AD. (2) Before using any approved AMOC, notify your appropriate principal inspector or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. 14 CFR Part 39 BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Docket No. FAA–2010–0436; Directorate Identifier 2009–NM–230–AD; Amendment 39–16643; AD 2011–07–06] RIN 2120–AA64 Airworthiness Directives; Bombardier, Inc. Model CL–600–2B19 (Regional Jet Series 100 & 440) Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: 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; phone: 562–627–5262; fax: 562–627–5210; e-mail: Samuel.Lee@faa.gov. We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: Material Incorporated by Reference (k) You must use Boeing Service Bulletin DC9–28–217, Revision 1, dated August 12, 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 * * * There have recently been several inservice occurrences that have highlighted the inability of the existing [wing anti-ice] system to detect a low-heat condition in the wing leading edge at all times, with the potential consequence of unannunciated asymmetric ice build-up on the wing. * * * PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 SUMMARY: E:\FR\FM\01APR1.SGM 01APR1

Agencies

[Federal Register Volume 76, Number 63 (Friday, April 1, 2011)]
[Rules and Regulations]
[Pages 18022-18024]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6633]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0958; Directorate Identifier 2010-NM-188-AD; 
Amendment 39-16641; AD 2011-07-04]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Model DC-9-14, DC-9-
15, and DC-9-15F Airplanes; and DC-9-20, DC-9-30, DC-9-40, and DC-9-50 
Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD requires installing new in-line fuses 
for the fuel level float switch and new in-line fuses for the pressure 
switch, as applicable, and changing the wiring. The proposed actions 
would affect the left and right wing forward spars, center wing forward 
spar, forward auxiliary fuel tank, and aft auxiliary fuel tank, as 
applicable. 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 May 6, 2011.
    The Director of the Federal Register approved the incorporation by 
reference

[[Page 18023]]

of a certain publication listed in the AD as of May 6, 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, 3960 Paramount Boulevard, Lakewood, California 90712-4137; 
phone: 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 published in the Federal Register on 
October 8, 2010 (75 FR 62331). That NPRM proposed to require installing 
new in-line fuses for the fuel level float switch and new in-line fuses 
for the pressure switch, as applicable, and changing the wiring.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Request Revision of FAA AD 2008-11-15

    Aeropostal requested that we issue this AD as a revision to 
existing AD 2008-11-15. Aeropostal stated that the requirement of 
installing fuses in the proposed AD is incorporated by Boeing Critical 
Design Configuration Control Limitation (CDCCL) 20-13 of Twinjet 
Special Compliance Items Report, MDC-92K9145, Revision J, dated January 
26, 2010.
    We disagree with the request to revise AD 2008-11-15. AD 2008-11-15 
requires incorporation of Boeing Twinjet Special Compliance Items 
Report, MDC-92K9145, Revision G, dated June 7, 2007, which does not 
include CDCCL 20-13. This proposed AD does not require incorporating 
CDCCL 20-13. This AD requires the installation of new in-line fuses for 
the fuel level float switch and new in-line fuses for the pressure 
switch. We might consider future rulemaking to revise AD 2008-11-15 to 
include CDCCL 20-13. No change has been made to AD 2008-11-15 or this 
AD in this regard.

Request for Clarification

    Aeropostal requested clarification concerning the NPRM and whether 
it will satisfy the requirements of AD 2008-11-15.
    We agree that clarification is needed. AD 2008-11-15 requires 
revising the maintenance program or the Airworthiness Limitations (AWL) 
section of the Instructions for Continued Airworthiness to incorporate 
new AWLs for fuel tank systems, in accordance with Boeing Twinjet 
Special Compliance Items Report, MDC-92K9145, Revision G, dated June 7, 
2007. This AD has different requirements including the installation of 
new in-line fuses for the fuel level float switch and new in-line fuses 
for the pressure switches. No change has been made to this AD in this 
regard.

Explanation of Change Made to the 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 available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the change described previously. We have determined that 
this change:
     Is consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
     Does not add any additional burden upon the public than 
was already proposed in the NPRM.
    We also determined that this change 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 275 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                Cost on U.S.
        Action                Labor cost             Parts cost         Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Installation..........  Up to 17 work-hours x  Between $289 and       Between $1,734 and    Between $476,850 and
                         $85 per hour = Up to   $1,449\1\.             $2,894\1\.            $795,850.\1\
                         $1,445\1\.
----------------------------------------------------------------------------------------------------------------
\1\ Depending on airplane group as identified in Boeing Service Bulletin DC9-28-217, Revision 1, dated August
  12, 2010.

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

[[Page 18024]]

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

    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):

2011-07-04 The Boeing Company: Amendment 39-16641; Docket No. FAA-
2010-0958; Directorate Identifier 2010-NM-188-AD.

Effective Date

    (a) This AD is effective May 6, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to The Boeing Company Model DC-9-14, DC-9-
15, DC-9-15F, DC-9-21, DC-9-31, DC-9-32, DC-9-32 (VC-9C), DC-9-32F, 
DC-9-32F (C-9A), DC-9-32F (C9-B), DC-9-33F, DC-9-34, DC-9-34F, DC-9-
41, and DC-9-51 airplanes, certificated in any category; as 
identified in Boeing Service Bulletin DC9-28-217, Revision 1, dated 
August 12, 2010.

Subject

    (d) Joint Aircraft System Component (JASC)/Air Transport 
Association (ATA) of America Code 28: Fuel.

Unsafe Condition

    (e) 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.

Compliance

    (f) Comply with this AD within the compliance times specified, 
unless already done.

Installation

    (g) Within 60 months after the effective date of this AD: 
Install new in-line fuses for the fuel level float switch and new 
in-line fuses for the pressure switch, as applicable; and change the 
wiring; on the left and right wing forward spars, center wing 
forward spar, forward auxiliary fuel tank, and aft auxiliary fuel 
tank, as applicable; in accordance with the Accomplishment 
Instructions of Boeing Service Bulletin DC9-28-217, Revision 1, 
dated August 12, 2010.

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (h) Actions done before the effective date of this AD in 
accordance with Boeing Service Bulletin DC9-28-217, dated December 
1, 2009, are acceptable for compliance with the requirements of 
paragraph (g) of this AD.

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. In accordance 
with 14 CFR 39.19, send your request to your principal inspector or 
local Flight Standards District Office, as appropriate. If sending 
information directly to the manager of the ACO, send it to the 
attention of the person identified in the Related Information 
section of this AD.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector or lacking a principal inspector, the manager of 
the local flight standards district office/certificate holding 
district office.

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; 
phone: 562-627-5262; fax: 562-627-5210; e-mail: Samuel.Lee@faa.gov.

Material Incorporated by Reference

    (k) You must use Boeing Service Bulletin DC9-28-217, Revision 1, 
dated August 12, 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.

    Issued in Renton, Washington, on March 14, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-6633 Filed 3-31-11; 8:45 am]
BILLING CODE 4910-13-P
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