Fed. Reg. Rules and Regulations — Final rule

Agency: Federal Aviation Administration (FAA), DOT
Action: Final rule
Citation: FR Doc. 2010-387 · RIN 2120-AA64 · 14 CFR 39

Summary

We are adopting a new airworthiness directive (AD) for certain Model 737-300, -400, and -500 series airplanes. This AD requires repetitive external non-destructive inspections to detect cracks in the fuselage skin along the chem-mill step at stringers S-1 and S-2 right, between station (STA) 827 and STA 847, and repair if necessary. This AD results from a report of a hole in the fuselage skin common to stringer S-1 and S-2 left, between STA 827 and STA 847 on an airplane that diverted to an alternate airport due to cabin depressurization and subsequent deployment of the oxygen masks. We are issuing this AD to detect and correct fatigue cracking of the fuselage skin panels at the chem-milled steps, which could result in sudden fracture and failure of the fuselage skin panels, and consequent rapid decompression of the airplane.

Dates

This AD is effective February 16, 2010. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of February 16, 2010.

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 certain Model 737-300, -400, and -500 series airplanes. That NPRM was published in the Federal Register on September 15, 2009 (74 FR 47148). That NPRM proposed to require repetitive external non-destructive inspections to detect cracks in the fuselage skin along the chem-mill step at stringers S-1 and S-2 right, between station (STA) 827 and STA 847, and repair if necessary. Comments We gave the public the opportunity to participate in developing this AD. We considered the comments received from the three commenters. Support for the NPRM Boeing and the National Transportation Safety Board concur with the NPRM. Request To Revise Criteria for Optional Terminating Action Southwest Airlines (SWA) requests that we revise paragraph (i) of the NPRM to remove the first criterion specified for the optional terminating action so that repairs installed prior to September 3, 2009, would be allowed. SWA did not provide justification for this request. We do not agree to remove the criterion in paragraph (i) of this AD. As we stated in the NPRM, September 3, 2009, is the date Boeing Service Bulletin 737-53A1301 became available to operators to address the identified unsafe condition. However, affected operators may request approval to use a repair installed prior to September 3, 2009, as an alternative method of compliance, under the provisions of paragraph (j) of the final rule. We have made no change to this final rule in this regard. Explanation of Changes Made to This 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. In addition, Boeing Commercial Airplanes has received an Organization Designation Authorization (ODA), which replaces their previous designation as a Delegation Option Authorization (DOA) holder. We have revised paragraphs (i)(2) and (j) of this AD to delegate the authority to approve an alternative method of compliance for any repair required by this AD to the Boeing Commercial Airplanes ODA. 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 also determined that these changes will not increase the economic burden on any operator or increase the scope of the AD. Interim Action We consider this AD interim action. If final action is later identified, we might consider further rulemaking then. Costs of Compliance We estimate that this AD affects 135 airplanes of U.S. registry. The following table provides the estimated costs for U.S. operators to comply with this AD. Table—Estimated Costs Action Work hours Average labor rate per hour Cost per product Number of U.S.-registered airplanes Fleet cost Inspection 2 $80 $160, per inspection cycle 135 $21,600, per inspection cycle. 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), and (3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. You can find our regulatory evaluation and the estimated costs of compliance in the AD Docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, 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 AD: 2010-01-09 The Boeing Company: Amendment 39-16167. Docket No. FAA-2009-0788; Directorate Identifier 2009-NM-193-AD. Effective Date (a) This airworthiness directive (AD) is effective February 16, 2010. Affected ADs (b) None. Applicability (c) This AD applies to The Boeing Company Model 737-300, -400, and -500 series airplanes, certificated in any category; as identified in Boeing Alert Service Bulletin 737-53A1301, dated September 3, 2009. Subject (d) Air Transport Association (ATA) of America Code 53: Fuselage. Unsafe Condition (e) This AD results from a report of a hole in the fuselage skin common to stringer S-1 and S-2 left, between STA 827 and STA 847 on an airplane that diverted to an alternate airport due to cabin depressurization and subsequent deployment of the oxygen masks. We are issuing this AD to detect and correct fatigue cracking of the fuselage skin panels at the chem-milled steps, which could result in sudden fracture and failure of the fuselage skin panels, and consequent rapid decompression 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. Initial and Repetitive Inspections (g) Before the accumulation of 35,000 total flight cycles, or within 500 flight cycles after the effective date of this AD, whichever occurs later: Except as provided by paragraph (i) of this AD, do an external non-destructive inspection (NDI) to detect cracks in the fuselage skin along the chem-mill steps at stringers S-1 and S-2 right, between STA 827 and STA 847, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 737-53A1301, dated September 3, 2009. If no cracking is found, repeat the inspection thereafter at intervals not to exceed 500 flight cycles, except as provided by paragraph (i) of this AD. Repair (h) If any crack is found during any inspection required by this AD, and Boeing Alert Service Bulletin 737-53A1301, dated September 3, 2009, specifies to contact Boeing for repair instructions: Before further flight, repair the crack using a method approved in accordance with the procedures specified in paragraph (j) of this AD. Optional Terminating Action for Repetitive Inspections (i) Installing an external repair doubler along the chem-milled steps at stringers S-1 and S-2 right, between STA 827 and STA 847, constitutes terminating action for the repetitive inspections required by paragraph (g) of this AD for the repaired area only, provided all of the conditions specified in paragraphs (i)(1), (i)(2), and (i)(3) of this AD are met. The initial inspection required by paragraph (g) of this AD must be accomplished. (1) The repair is installed after September 3, 2009; (2) The repair was approved by the FAA or by a Boeing Company Authorized Representative or the Boeing Commercial Airplanes Organization Designation Authorization (ODA) authorized by the FAA to make such findings; and (3) The repair extends a minimum of three rows of fasteners on each side of the chem-mill line in the circumferential direction. Alternative Methods of Compliance (AMOCs) (j)(1) The Manager, Seattle 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: Wayne Lockett, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle ACO, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 917-6447; fax (425) 917-6590. Or, e-mail information to . (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) An AMOC that provides an acceptable level of safety may be used for any repair required by this AD if it is approved by the Boeing Commercial Airplanes ODA that has been authorized by the Manager, Seattle ACO to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD. Material Incorporated by Reference (k) You must use Boeing Alert Service Bulletin 737-53A1301, dated September 3, 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 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, P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-544-5000, extension 1; fax 206-766-5680; e-mail ; Internet . (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: . Issued in Renton, Washington, on December 21, 2009. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9-31288 Filed 1-11-10; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2009-1226; Directorate Identifier 2009-NM-149-AD; Amendment 39-16164; AD 2008-10-10 R1] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Model 737-600, -700, -700C, -800, and -900 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 certain Model 737-600, -700, -700C, -800, and -900 series airplanes. That AD currently requires revising the Airworthiness Limitations (AWLs) section of the Instructions for Continued Airworthiness by incorporating new limitations 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 on-airplane fuel tank system components. 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. DATES: This AD is effective January 27, 2010. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of January 27, 2010. On June 12, 2008 (73 FR 25986, 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 26, 2010. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to . 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 ; Internet . Examining the AD Docket You may examine the AD docket on the Internet at ; 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: Thomas Thorson, Aerospace Engineer, Propulsion Branch, ANM-140S, Seattle Aircraft Certification Office, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 917-6508; fax (425) 917-6590. SUPPLEMENTARY INFORMATION: Discussion On April 29, 2008, we issued AD 2008-10-10, Amendment 39-15516 (73 FR 25986, May 8, 2008). That AD applied to certain Model 737-600, -700, -700C, -800, and -900 series airplanes. That AD required revising the Airworthiness Limitations (AWLs) section of the Instructions for Continued Airworthiness (ICA) by incorporating new limitations 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. That AD resulted from a design review of the fuel tank systems. 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 AWLs. But once the CDCCLs are incorporated into the AWLs, future maintenance actions on components must be done in accordance with those CDCCLs. Relevant Service Information AD 2008-10-10 cites Boeing Temporary Revision 09-020, dated March 2008, to the Boeing 737-600/700/800/900 Maintenance Planning Data (MPD) Document, D626A001-CMR. Since we issued that AD, Boeing has revised Section 9 of the referenced service information. We have reviewed the revised document. Section 9, Revision September 2009, dated September 2009, of Boeing 737-600/700/800/900 MPD, Document D626A001-CMR, adds no new procedures in regard to fuel tank safety. We have added paragraph (l) of this AD to give credit for actions required by paragraphs (g) and (h) of this AD that were done before the effective date of this AD in accordance with Section 9, Revision September 2009, dated September 2009, of Boeing 737-600/700/800/900 MPD Document, D626A001-CMR, and the following earlier revisions: Revision March 2008, Revision April 2008, Revision June 2008, Revision February 2009, Revision March 2009, and Revision August 2009. 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 2008-10-10. 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 2008-10-10 allowed the use of alternative inspections, intervals, or CDCCLs if they are part of a later revision of the Boeing 737-600/700/800/900 MPD Document, D626A001-CMR, Revision March 2008. AD 2008-10-10 also allowed the use of later revisions of the Boeing 737-600/700/800/900 MPD Document, D626A001-CMR. Those provisions have been removed from this AD. Allowing the use of “a later revision” 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 alternative CDCCL, inspection, or interval, that is part of a later revision of the referenced service documents as an alternative method of compliance, under the provisions of paragraph (m) of this AD. We have revised paragraphs (g)(1), (g)(2), (g)(3), and (h) of this AD to remove the term “Revision March 2008 of the MPD,” which is defined in paragraph (f) of this AD. We have provided the full document citation throughout this AD to avoid any confusion about which specific document is being referenced. However, we have not removed the “Service Information Reference” paragraph from this AD. Because this AD revises AD 2008-10-10, we cannot change paragraph references, which would adversely affect compliance. Therefore, we have determined that leaving paragraph (f) of this AD unchanged is a less burdensome approach for operators, while still adhering to standard drafting guidance. 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. Costs of Compliance This revision imposes no additional economic burden. The current costs for this AD are repeated for the convenience of affected operators, as follows: There are about 1,960 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 Parts Cost per airplane Number of U.S.-registered airplanes Fleet cost AWLs revision 8 None $640 682 $436,480 Inspection 8 None 640 682 436,480 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-2009-1226; Directorate Identifier 2009-NM-149-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 , 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 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 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 39-15516 (73 FR 25986, May 8, 2008) and adding the following new AD: 2008-10-10 R1 The Boeing Company: Amendment 39-16164. Docket No. FAA-2009-1226; Directorate Identifier 2009-NM-149-AD. Effective Date (a) This airworthiness directive (AD) is effective January 27, 2010. Affected ADs (b) This AD revises AD 2008-10-10, Amendment 39-15516. Applicability (c) This AD applies to The Boeing Company Model 737-600, -700, -700C, -800, and -900 series airplanes, certificated in any category, with an original standard airworthiness certificate or original export certificate of airworthiness issued before March 31, 2006. Note 1: Airplanes with an original standard airworthiness certificate or original export certificate of airworthiness issued on or after March 31, 2006, must already be in compliance with the airworthiness limitations specified in this AD because those limitations were applicable as part of the airworthiness certification of those airplanes. Note 2: This AD requires revisions to certain operator maintenance documents to include new inspections. Compliance with these inspections is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by these inspections, the operator may not be able to accomplish the inspections described in the revisions. In this situation, to comply with 14 CFR 91.403(c), the operator must request approval for an alternative method of compliance (AMOC) according to paragraph (m) of this AD. The request should include a description of changes to the required inspections that will ensure the continued operational safety of the airplane. 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 2008-10-10, With Revised Service Information Service Information Reference (f) The term “Revision March 2008 of the MPD,” as used in this AD, means Boeing Temporary Revision (TR) 09-020, dated March 2008, to the Boeing 737-600/700/800/900 Maintenance Planning Data (MPD) Document, D626A001-CMR, Revision March 2008. Revision to Airworthiness Limitations (AWLs) Section (g) Before December 16, 2008, revise the AWLs section of the Instructions for Continued Airworthiness (ICA) by incorporating into the MPD the information in the subsections specified in paragraphs (g)(1), (g)(2), and (g)(3) of this AD; 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) Subsection E, “AIRWORTHINESS LIMITATIONS—FUEL SYSTEMS,” of Boeing TR 09-020, dated March 2008, to the Boeing 737-600/700/800/900 MPD Document, D626A001-CMR, Revision March 2008; or of Section 9, Revision September 2009, dated September 2009, of the Boeing 737-600/700/800/900 Maintenance Planning Data (MPD) Document, D626A001-CMR. (2) Subsection F, “PAGE FORMAT: FUEL SYSTEM AIRWORTHINESS LIMITATIONS,” of Boeing TR 09-020, dated March 2008, to the Boeing 737-600/700/800/900 MPD Document, D626A001-CMR, Revision March 2008; or Section 9, Revision September 2009, dated September 2009, of the Boeing 737-600/700/800/900 MPD Document, D626A001-CMR. (3) Subsection G, “AIRWORTHINESS LIMITATIONS—FUEL SYSTEM AWLs,” AWLs No. 28-AWL-01 through No. 28-AWL-22 inclusive, of Boeing TR 09-020, dated March 2008, to the Boeing 737-600/700/800/900 MPD Document, D626A001-CMR, Revision March 2008; or Section 9, Revision September 2009, dated September 2009, of the Boeing 737-600/700/800/900 MPD Document, D626A001-CMR. As an optional action, AWLs No. 28-AWL-23 and No. 28-AWL-24, as identified in Subsection G of Boeing TR 09-020, dated March 2008, to the Boeing 737-600/700/800/900 MPD Document, D626A001-CMR, Revision March 2008; or Section 9, Revision September 2009, dated September 2009, of the Boeing 737-600/700/800/900 MPD Document, D626A001-CMR; also may be incorporated into the AWLs section of the ICA. Initial Inspection and Repair if Necessary (h) 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 Subsection G of Boeing TR 09-020, dated March 2008, to the Boeing 737-600/700/800/900 MPD Document, D626A001-CMR, Revision March 2008; or Section 9, Revision September 2009, dated September 2009, of the Boeing 737-600/700/800/900 MPD Document, D626A001-CMR. If any discrepancy is found during the inspection, repair the discrepancy before further flight in accordance with AWL No. 28-AWL-03 of Subsection G of Boeing TR 09-020, dated March 2008, to the Boeing 737-600/700/800/900 MPD Document, D626A001-CMR, Revision March 2008; or Section 9, Revision September 2009, dated September 2009, of the Boeing 737-600/700/800/900 MPD Document, D626A001-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 3: 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 2008-10-10). 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 (m) of this AD. Credit for Actions Done According to Previous Revisions of the MPD (j) Actions done before June 12, 2008, in accordance with the following MPDs are acceptable for compliance with the corresponding requirements of paragraphs (g) and (h) of this AD: Section 9 of the Boeing 737-600/700/700C/700IGW/800/900 MPD Document, D626A001-CMR, Revision March 2006; Revision May 2006; Revision October 2006; Revision November 2006; or Revision November 2006 R1; or Section 9 of the Boeing 737-600/700/800/900 MPD Document, D626A001-CMR, Revision March 2007; Revision March 2007 R1; Revision March 2007 R2; or Revision February 2008. Terminating Action for AD 2008-06-03, Amendment 39-15415 (k) Incorporating AWLs No. 28-AWL-21, No. 28-AWL-22, and No. 28-AWL-24 into the AWLs section of the ICA in accordance with paragraph (g) of this AD terminates the action required by paragraph (h)(1) of AD 2008-06-03. New Information Explanation of CDCCL Requirements Note 4: 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 AWLs, as required by paragraph (g) of this AD, do not need to be reworked in accordance with the CDCCLs. However, once the AWLs have been revised, future maintenance actions on these components must be done in accordance with the CDCCLs. Credit for Actions Done According to Previous Revisions of the MPD (l) Actions done before the effective date of this AD, in accordance with the following MPDs are acceptable for compliance with the corresponding requirements of paragraphs (g) and (h) of this AD: Section 9 of the Boeing 737-600/700/800/900 MPD Document, D626A001-CMR, Revision March 2008; Revision April 2008; Revision June 2008; Revision February 2009; Revision March 2009; or Revision August 2009. Alternative Methods of Compliance (AMOCs) (m)(1) The Manager, Seattle 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: Thomas Thorson, Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 917-6508; fax (425) 917-6590. Or, e-mail information to . (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 FSDO. The AMOC approval letter must specifically reference this AD. (3) AMOCs approved previously in accordance with AD 2008-10-10 are approved as AMOCs for the corresponding provisions of this AD. Material Incorporated by Reference (n) You must use Boeing Temporary Revision 09-020, dated March 2008, to the Boeing 737-600/700/800/900 Maintenance Planning Data (MPD) Document D626A001-CMR; or Section 9, Revision September 2009, dated September 2009, of the Boeing 737-600/700/800/900 MPD Document, D626A001-CMR; 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 Section 9, Revision September 2009, dated September 2009, of the Boeing 737-600/700/800/900 MPD Document, D626A001-CMR, 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 Temporary Revision 09-020, dated March 2008, to the Boeing 737-600/700/800/900 Maintenance Planning Data (MPD) Document, D626A001-CMR, on June 12, 2008 (73 FR 25986, 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 ; Internet . (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: . Issued in Renton, Washington, on December 23, 2009. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9-31031 Filed 1-11-10; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2009-0655; Directorate Identifier 2008-NM-192-AD; Amendment 39-16157; AD 2010-01-01] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Model 747-200F, 747-200C, 747-400, 747-400D, and 747-400F Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is superseding an existing airworthiness directive (AD), which applies to all Model 747-200F, 747-200C, 747-400, 747-400D, and 747-400F series airplanes. That AD currently requires repetitive inspections for cracking of certain fuselage internal structure ( i.e. , Sections 42 and 46 fuselage frames, upper deck floor beams, electronic bay access door cutout, nose wheel well, and main entry doors and door cutouts), and repair if necessary. This new AD requires additional repetitive inspections for cracking of certain fuselage structure ( i.e. , Section 41 fuselage frames where they connect to upper deck floor beams, and Section 41 fuselage frames between stringers (S-8 and S-12)), and related investigative/corrective actions if necessary. This AD also reduces the inspection threshold and repetitive inspection intervals for certain airplanes. This AD results from fatigue tests and analysis that identified additional areas of the fuselage where fatigue cracks can occur. We are issuing this AD to prevent the loss of structural integrity of the fuselage, which could result in rapid depressurization of the airplane. DATES: This AD becomes effective February 16, 2010. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of February 16, 2010. The Director of the Federal Register approved the incorporation by reference of Boeing Alert Service Bulletin 747-53A2500, dated December 21, 2004, as of April 6, 2006 (71 FR 10605, March 2, 2006). ADDRESSES: 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 ; Internet . Examining the AD Docket You may examine the AD docket on the Internet at ; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (telephone 800-647-5527) is the Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Ivan Li, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 917-6437; fax (425) 917-6590. SUPPLEMENTARY INFORMATION: Discussion The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that supersedes AD 2006-05-02, Amendment 39-14499 (71 FR 10605, March 2, 2006). The existing AD applies to all Model 747-200F, 747-200C, 747-400, 747-400D, and 747-400F series airplanes. That NPRM was published in the Federal Register on July 23, 2009 (74 FR 36417). That NPRM proposed to continue to require repetitive inspections for cracking of certain fuselage internal structure ( i.e. , Sections 42 and 46 fuselage frames, upper deck floor beams, electronic bay access door cutout, nose wheel well, and main entry doors and door cutouts), and repair if necessary. That NPRM proposed to require additional repetitive inspections for cracking of certain fuselage structure ( i.e. , Section 41 fuselage frames where they connect to upper deck floor beams, and Section 41 fuselage frames between stringer (S-8 and S-12)), and related investigative/corrective actions if necessary. That NPRM also proposed to reduce the inspection threshold and repetitive inspection intervals for certain airplanes. That NPRM resulted from fatigue tests and analysis that identified areas of the fuselage where fatigue cracks can occur. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments that have been received on the NPRM. Request To Revise References in Paragraph (m)(4) of the NPRM Boeing requests that paragraph (m)(4) of the NPRM be revised to reference paragraphs (h) and (i)—not paragraphs (c) and (d). Boeing states that in AD 2004-07-22 R1, Amendment 39-15326 (73 FR 1052, January 7, 2008), paragraph identifiers (c) and (d) were revised to (h) and (i). We agree. We have revised paragraph (m)(4) of this final rule accordingly. In addition, we have revised paragraph (m)(4)(i) of this AD to change the reference from paragraph (d) to paragraph (i) of AD 2004-07-22 R1. Boeing also requests that paragraph (m)(4)(ii) of the NPRM be revised to add a reference to Boeing Alert Service Bulletin 747-53A2500, Revision 1, dated September 25, 2008. Boeing states that both the original and Revision 1 of Boeing Alert Service Bulletin 747-53A2500 provide inspections that are an AMOC to AD 2004-07-22 R1. We agree for the reasons provided by the commenter. We have revised paragraph (m)(4)(ii) of this AD accordingly. Conclusion We have carefully reviewed the available data, including the comments that have been received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We have determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD. Explanation of Changes Made to This 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. Costs of Compliance There are about 640 airplanes of the affected design in the worldwide fleet. The following table provides the estimated costs for U.S. operators to comply with this AD. The average labor rate is $80 per work hour. Estimated Costs Action Work hours Parts Cost per airplane Number of U.S.-registered airplanes Fleet cost Inspections (required by AD 2006-05-02) 260 None required $20,800 per inspection cycle 71 $1,476,800 per inspection cycle. Inspections of additional areas (new required action) 7 None required $560 per inspection cycle 71 $39,760 per inspection cycle. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: (1) Is not a “significant regulatory action” under Executive Order 12866; (2) Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment 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 Federal Aviation Administration (FAA) amends § 39.13 by removing Amendment 39-14499 (71 FR 10605, March 2, 2006) and by adding the following new airworthiness directive (AD): 2010-01-01 The Boeing Company: Amendment 39-16157. Docket No. FAA-2009-0655; Directorate Identifier 2008-NM-192-AD. Effective Date (a) This AD becomes effective February 16, 2010. Affected ADs (b) This AD supersedes AD 2006-05-02, Amendment 39-14499. Applicability (c) This AD applies to all The Boeing Company Model 747-200F, 747-200C, 747-400, 747-400D, and 747-400F series airplanes; certificated in any category. Subject (d) Air Transport Association (ATA) of America Code 53: Fuselage. Unsafe Condition (e) This AD results from fatigue tests and analysis that identified additional areas of the fuselage where fatigue cracks can occur. We are issuing this AD to prevent the loss of structural integrity of the fuselage, which could result in rapid depressurization 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. Restatement of Requirements of AD 2006-05-02, With Updated Service Information and Reduced Compliance Times for Group 8 Airplanes Inspections (g) Do initial and repetitive inspections for fuselage cracks using applicable internal and external detailed inspection methods, and repair all cracks, by doing all the actions specified in the Accomplishment Instructions of Boeing Alert Service Bulletin 747-53A2500, dated December 21, 2004; or Revision 1, dated September 25, 2008; except as required by paragraph (h) or provided by paragraph (l) of this AD. After the effective date of this AD, Boeing Alert Service Bulletin 747-53A2500, Revision 1, dated September 25, 2008, must be used. Do the initial and repetitive inspections at the applicable times specified in paragraph (g)(1) or (g)(2) of this AD, except as required by paragraph (j) of this AD. Repair any crack before further flight after detection. (1) For Groups 1 through 7, 9, and 10 identified in Boeing Alert Service Bulletin 747-53A2500, Revision 1, dated September 25, 2008: Do the initial and repetitive inspections at the times specified in paragraph 1.E. of Boeing Alert Service Bulletin 747-53A2500, dated December 21, 2004, except as required by paragraph (i) of this AD. (2) For Group 8 airplanes identified in Boeing Alert Service Bulletin 747-53A2500, Revision 1, dated September 25, 2008: Do the initial and repetitive inspections at the applicable time specified in paragraph 1.E. of Boeing Alert Service Bulletin 747-53A2500, Revision 1, dated September 25, 2008, except as required by paragraph (k) of this AD. Exceptions to Service Bulletin Procedures (h) If any crack is found during any inspection required by this AD, and Boeing Alert Service Bulletin 747-53A2500, dated December 21, 2004; or Revision 1, dated September 25, 2008; specifies to contact Boeing for appropriate action: Before further flight, repair the crack using a method approved in accordance with the procedures specified in paragraph (m) of this AD. (i) Where Boeing Alert Service Bulletin 747-53A2500, dated December 21, 2004; or Revision 1, dated September 25, 2008; specifies a compliance time after the date on the original issue of the service bulletin, this AD requires compliance within the specified compliance time after April 6, 2006 (the effective date of AD 2006-05-02). New Requirements of This AD Actions for Additional Areas (j) For the additional inspection areas of Groups 1 through 7, 9, and 10 airplanes, identified in Boeing Alert Service Bulletin 747-53A2500, Revision 1, dated September 25, 2008: Do initial and repetitive inspections for cracking of the inspection areas, and, as applicable, repair cracking, by doing all the actions specified in the Accomplishment Instructions of Boeing Alert Service Bulletin 747-53A2500, Revision 1, dated September 25, 2008; except as required by paragraph (h) of this AD. Do the initial and repetitive inspections at the times specified in paragraph 1.E. of Boeing Alert Service Bulletin 747-53A2500, Revision 1, dated September 25, 2008, except as required by paragraph (k) of this AD. Repair all cracking before further flight. (k) Where Boeing Alert Service Bulletin 747-53A2500, Revision 1, dated September 25, 2008, specifies a compliance time after the date on Revision 1 of the service bulletin, this AD requires compliance within the specified compliance time after the effective date of this AD. (l) For Group 8 airplanes, inspection of Areas 2 and 5 identified in Boeing Alert Service Bulletin 747-53A2500, dated December 21, 2004, as required by paragraph (g) of this AD, is no longer required. Alternative Methods of Compliance (AMOCs) (m)(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: Ivan Li, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 917-6437; fax (425) 917-6590. Or, e-mail information to . (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 2006-05-02 are approved as alternative methods of compliance with the corresponding requirements of this AD. (4) Accomplishment of the inspections specified in this AD is considered an AMOC for the applicable requirements of paragraphs (h) and (i) of AD 2004-07-22 R1, Amendment 39-15326, under the conditions specified in paragraphs (m)(4)(i) and (m)(4)(ii) of this AD. (i) The inspections specified in this AD must be done within the compliance times specified in AD 2004-07-22 R1. The initial inspection specified in this AD must be done at the times specified in paragraph (i) of AD 2004-07-22 R1, and the inspections specified in this AD must be repeated within the intervals specified in paragraph (g) of this AD. (ii) The AMOC specified in paragraph (m)(4) of this AD applies only to the areas of Boeing Supplemental Structural Inspection Document for Model 747 Airplanes, Document D6-35022, Revision G, dated December 2000, that are specified in Boeing Alert Service Bulletin 747-53A2500, dated December 21, 2004; or Boeing Alert Service Bulletin 747-53A2500, Revision 1, dated September 25, 2008. (5) An AMOC that provides an acceptable level of safety may be used for any repair required by this AD, if it is approved by an Authorized Representative for the Boeing Commercial Airplanes Delegation Option Authorization Organization who has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD. Material Incorporated by Reference (n) You must use Boeing Alert Service Bulletin 747-53A2500, dated December 21, 2004, as of April 6, 2006: or Boeing Alert Service Bulletin 747-53A2500, Revision 1, dated September 25, 2008; 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 Boeing Alert Service Bulletin 747-53A2500, Revision 1, dated September 25, 2008, under 5 U.S.C. 552(a) and 1 CFR part 51. (2) The Director of the Federal Register approved the incorporation by reference of Boeing Alert Service Bulletin 747-53A2500, dated December 21, 2004, as of April 6, 2006 (71 FR 10605, March 2, 2006). (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 ; Internet . (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: . Issued in Renton, Washington, on December 17, 2009. Stephen P. Boyd, Acting Manger, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9-30968 Filed 1-11-10; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2008-0669; Directorate Identifier 2007-NM-350-AD; Amendment 39-16166; AD 2010-01-08] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Model 737-600, -700, and -800 Series Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive (AD) for certain Model 737-600, -700, and -800 series airplanes. This AD requires an inspection of the free flange, vertical web, and radius between the free flange and vertical web of the lower stringers of the wing center section for drill starts, and applicable related investigative and corrective actions. This AD results from drill starts being found on the free flange of the lower stringers of the wing center section during a quality assurance inspection at the final assembly plant. We are issuing this AD to prevent cracks from propagating from drill starts in the free flange, vertical web, and radius between the free flange and vertical web of the lower stringers of the wing center section lower stringers, which could cause a loss of structural integrity of the wing center section and may result in a fuel leak. DATES: This AD is effective February 16, 2010. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of February 16, 2010. ADDRESSES: 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 ; Internet . Examining the AD Docket You may examine the AD docket on the Internet at ; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (telephone 800-647-5527) is the Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Nancy Marsh, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356, telephone (425) 917-6440; fax (425) 917-6590. SUPPLEMENTARY INFORMATION: Discussion We issued a supplemental notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an airworthiness directive (AD) that would apply to certain Model 737-600, -700, and -800 series airplanes. That supplemental NPRM was published in the Federal Register on March 6, 2009 (74 FR 9776). That supplemental NPRM proposed to require an inspection of the free flange, vertical web, and radius between the free flange and vertical web of the lower stringers of the wing center section for drill starts, and applicable related investigative and corrective actions. Comments We gave the public the opportunity to participate in developing this AD. We considered the comments received from the commenters. Support for the Supplemental NPRM Air Transport Association (ATA), on behalf of its member, Continental Airlines (CAL), expresses support for the compliance time. Request To Align NPRMs Affecting Areas Under Enhanced Airworthiness Program for Airplane Systems (EAPAS) Regulations or Maintenance Planning Documents ATA, on behalf of its member CAL, notes that Boeing Alert Service Bulletin 73-57A1294, dated April 23, 2007, was issued before airworthiness limitations (AWLs) 28-AWL-11 and 28-AWL-12 were published. CAL points out that the service bulletin states to contact Boeing for repair instructions for crack findings to comply with the requirements of the supplemental NPRM. However, CAL states the supplemental NPRM and the service bulletin do not address how to comply with AWLs 28-AWL-11 and 28-AWL-12 of Section 9 of the Boeing 737-600/700/800/900 MPD Document D626A001-CMR if the repair instructions require installing fasteners into the fuel tank. CAL notes that FAA approval of the MPD AWLs can only be granted by the Manager, Seattle Aircraft Certification Office (ACO), FAA. We infer that CAL is asking that we revise the supplemental NPRM to clarify whether the corrective actions are compliant with EAPAS regulations or MPD AWLs. We partially agree with CAL's request. We agree that operators benefit from notification that certain repairs covered by this AD are also potentially subject to compliance with the requirements of AD 2008-10-10, Amendment 39-15516 (73 FR 25986, May 8, 2008). AD 2008-10-10 mandates AWLs 28-AWL-11 and 28-AWL-12 and requires that any new penetration into the fuel tank be approved for lightning considerations by the FAA, Seattle ACO. We disagree that a change to the supplemental NPRM is necessary. On April 15, 2009, Boeing issued MultiOperator Message (MOM) MOM-09-0178-01B, applicable to the following ADs: • AD 2008-04-11, Amendment 39-15383 (73 FR 9666, February 22, 2008) • AD 2008-04-10, Amendment 39-15382 (73 FR 9668, February 22, 2008) • AD 2008-10-09, Amendment 39-15515 (73 FR 25970, May 8, 2008) • AD 2008-10-10, Amendment 39-15516 (73 FR 25986, May 8, 2008) • AD 2008-10-07, Amendment 39-15513 (73 FR 25977, May 8, 2008) • AD 2008-10-06, Amendment 39-15512 (73 FR 25990, May 8, 2008) • AD 2008-10-11, Amendment 39-15517 (73 FR 25974, May 8, 2008) • AD 2008-11-01, Amendment 39-15523 (73 FR 29414, May 21, 2008) • AD 2008-11-13, Amendment 39-15536 (73 FR 30737, May 29, 2008) This MOM notifies operators that the FAA issued an alternative method of compliance (AMOC) to the same ADs. This AMOC states: Any alteration, design change, or repair involving new penetrations of the fuel tanks (such as a repair with fasteners, adding a bracket, bulkhead fitting or equipment) or change to the design features of the existing equipment penetrations (such as fuel measuring sticks, sump drain valves, fueling manifold, fuel temperature sensor, and motor operated fuel shutoff valve adapter plate) requires approval by the FAA Seattle ACO or an Authorized Representative (AR) of the Boeing Commercial Airplanes Delegated Compliance Organization (BDCO). However, any alteration, design change or repair involving new penetrations of the fuel tanks, accomplished in accordance with an FAA-approved Boeing Structural Repair Manual (SRM) or Boeing Service Bulletin is not subject to this requirement for additional approval. We consider that this AMOC and the subsequent MOM supplied by Boeing is sufficient notification and clarification because the MOM states that certain Boeing service bulletins do not require additional approval in accordance with AD 2008-10-10. We have not changed the AD in regard to this issue. Request To Allow ARs To Approve Repairs ATA, on behalf of its member CAL, requests that we revise the supplemental NPRM to grant delegated authority to Boeing to approve repairs mandated by this AD and AWLs 28-AWL-11 and 28-AWL-12 of Section 9 of the Boeing 737-600/700/800/900 MPD Document D626A001-CMR provided that only the fuel tank structure is affected, while the structural repair does not disrupt the fuel tank system. CAL states that it is concerned with complying with the MPD since Boeing Alert Service Bulletin 737-57A1294, dated April 23, 2007, was written before AWLs 28-AWL-11 and 28-AWL-12. CAL notes that the service bulletin states to contact Boeing for repair instruction for crack findings. However, CAL notes that this AD and the service bulletin do not reference the AWLs in the event that Boeing repair instructions require fastener installation into the fuel tank. CAL points out that FAA approval to reference the MPD AWLs can be granted only by the Manager, Seattle ACO. We disagree with the request. We have approved an AMOC that allows designated ARs of the BDCO to approve fuel tank penetration for lightning considerations for several EAPAS rules. That AMOC is written against the specific AD requiring lightning approvals, which is not part of this AD. We have not changed the final rule in regard to this issue. Explanation of Change Made to This AD We have revised this AD to identify the correct 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 changes described previously. We also 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 17 airplanes of U.S. registry. We also estimate that it would take 7 work-hours per product to comply with this AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $9,520, or $560 per product. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. 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), and (3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. You can find our regulatory evaluation and the estimated costs of compliance in the AD Docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, 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 AD: 2010-01-08 The Boeing Company: Amendment 39-16166. Docket No. FAA-2008-0669; Directorate Identifier 2007-NM-350-AD. Effective Date (a) This airworthiness directive (AD) is effective February 16, 2010. Affected ADs (b) None. Applicability (c) This AD applies to The Boeing Company Model 737-600, -700, and -800 series airplanes, certificated in any category, as identified in Boeing Alert Service Bulletin 737-57A1294, dated April 23, 2007. Subject (d) Air Transport Association (ATA) of America Code 57: Wings. Unsafe Condition (e) This AD results from drill starts being found on the free flange of the lower stringers of the wing center section during a quality assurance inspection at the final assembly plant. We are issuing this AD to prevent cracks from propagating from drill starts in the free flange, vertical web, and radius between the free flange and vertical web of the lower stringers of the wing center section lower stringers, which could cause a loss of structural integrity of the wing center section and may result in a fuel leak. Compliance (f) Comply with this AD within the compliance times specified, unless already done. Inspection and Related Investigative and Corrective Actions (g) Before the accumulation of 18,000 total flight cycles, or within 90 days after the effective date of this AD, whichever occurs later, do a detailed inspection of the free flange, vertical web, and radius between the free flange and vertical web of the lower stringers of the wing center section for any drill start, and do all applicable related investigative and corrective actions, by accomplishing all the applicable actions specified in paragraphs 3.B.2 and 3.B.4 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737-57A1294, dated April 23, 2007; except as provided in paragraph (h) of this AD. The applicable related investigative and corrective actions must be done before further flight. (h) If any crack is found during any inspection required by paragraph (g) of this AD, and Boeing Alert Service Bulletin 737-57A1294, dated April 23, 2007, specifies to contact Boeing for appropriate action: Before further flight, repair the crack using a method approved in accordance with the procedures specified in paragraph (i) of this AD. Alternative Methods of Compliance (AMOCs) (i)(1) The Manager, Seattle 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: Nancy Marsh, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 917-6440; fax (425) 917-6590. Or, e-mail information to . (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) An AMOC that provides an acceptable level of safety may be used for any repair required by this AD, if it is approved by an Authorized Representative for the Boeing Commercial Airplanes Delegation Option Authorization Organization who has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD. Material Incorporated by Reference (j) You must use Boeing Alert Service Bulletin 737-57A1294, dated April 23, 2007, 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, P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-544-5000, extension 1; fax 206-766-5680; e-mail ; Internet . (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: . Issued in Renton, Washington, on December 23, 2009. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9-31286 Filed 1-11-10; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2009-1230; Directorate Identifier 2009-NM-088-AD; Amendment 39-16165; AD 2010-01-07] RIN 2120-AA64 Airworthiness Directives; Airbus (Type Certificate Previously Held by Airbus Industrie) Model A340-200, -300, -500, and -600 Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: 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: * * * Revision 00 of AIRBUS A340 ALS [Airworthiness Limitations Section] Part 3: —adds new CMR (Certification Maintenance Requirements) tasks associated with modifications, —revises the applicability of some CMR tasks, —revises some CMR tasks with increased intervals, —revises a CMR task with a more restrictive interval, —deletes CMR task 282300-B0002-1-C * * . Some of those changes constitute more restrictive requirements for aeroplane configuration already in service. Failure to comply with this Revision 00 of AIRBUS A340 ALS Part 3 constitutes an unsafe condition. The unsafe condition is a safety-significant latent failures that would, in combination with one or more other specific failures or events, result in a hazardous or catastrophic failure condition. This AD requires actions that are intended to address the unsafe condition described in the MCAI. DATES: This AD becomes effective January 27, 2010. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of January 27, 2010. We must receive comments on this AD by February 26, 2010. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to . 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 W12-40, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Examining the AD Docket You may examine the AD docket on the Internet at ; or in person at the Docket Operations office 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 Operations 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: Vladimir Ulyanov, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 227-1138; fax (425) 227-1149. SUPPLEMENTARY INFORMATION: Discussion The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA Airworthiness Directive 2009-0098, dated April 22, 2009 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states: The Certification Maintenance Requirements (CMR) were given in the AIRBUS A340 CMR Document reference 955.3019/92 up to revision 15, which was mandated by EASA AD 2007-0240, and referenced in the Airworthiness Limitations Section (ALS) Part 3. The content of the CMR Document has been recently transferred into the ALS Part 3 Revision 00, which is approved by the European Aviation Safety Agency (EASA). This Revision 00 of AIRBUS A340 ALS Part 3: —adds new CMR tasks associated with modifications, —revises the applicability of some CMR tasks, —revises some CMR tasks with increased intervals, —revises a CMR task with a more restrictive interval, —deletes CMR task 282300-B0002-1-C which is the subject of EASA AD 2007-0279. Some of those changes constitute more restrictive requirements for aeroplane configuration already in service. Failure to comply with this Revision 00 of AIRBUS A340 ALS Part 3 constitutes an unsafe condition. This new AD * * * requires the implementation of Revision 00 of AIRBUS A340 ALS Part 3. The unsafe condition is a safety-significant latent failures that would, in combination with one or more other specific failures or events, result in a hazardous or catastrophic failure condition. This AD requires revising the ALS of the Instructions for Continued Airworthiness by incorporating new and revised CMRs. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information Airbus has issued A340 ALS, Part 3—Certification Maintenance Requirements (CMR), Revision 00, including Appendices 1 and 2, dated July 31, 2008. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA's Determination and Requirements of This AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are issuing this AD because we evaluated all pertinent information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. There are no products of this type currently registered in the United States. However, this rule is necessary to ensure that the described unsafe condition is addressed if any of these products are placed on the U.S. Register in the future. Differences Between the AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a Note within the AD. FAA's Determination of the Effective Date Since there are currently no domestic operators of this product, notice and opportunity for public comment before issuing this AD are unnecessary. Comments Invited This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2009-1230; Directorate Identifier 2009-NM-088-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 , 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 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 this AD: 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. 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 AD: 2010-01-07 Airbus (Type Certificate Previously Held by Airbus Industrie): Amendment 39-16165. Docket No. FAA-2009-1230; Directorate Identifier 2009-NM-088-AD. Effective Date (a) This airworthiness directive (AD) becomes effective January 27, 2010. Affected ADs (b) None. Applicability (c) This AD applies to all Airbus (Type Certificate previously held by Airbus Industrie) Model A340-211, -212, -213, -311, -312, -313, -541, and -642 series airplanes; certificated in any category; all serial numbers. Note 1: This AD requires revisions to certain operator maintenance documents to include new inspections. Compliance with these inspections is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by these inspections, the operator may not be able to accomplish the inspections described in the revisions. In this situation, to comply with 14 CFR 91.403(c), the operator must request approval for an alternative method of compliance according to paragraph (g)(1) of this AD. The request should include a description of changes to the required inspections that will ensure the continued damage tolerance of the affected structure. The FAA has provided guidance for this determination in Advisory Circular (AC) 25-1529-1. Subject (d) Air Transport Association (ATA) of America Code 05. Reason (e) The mandatory continued airworthiness information (MCAI) states: The Certification Maintenance Requirements (CMR) were given in the AIRBUS A340 CMR Document reference 955.3019/92 up to revision 15, which was mandated by EASA AD 2007-0240, and referenced in the Airworthiness Limitations Section (ALS) Part 3. The content of the CMR Document has been recently transferred into the ALS Part 3 Revision 00, which is approved by the European Aviation Safety Agency (EASA). This Revision 00 of AIRBUS A340 ALS Part 3: —adds new CMR tasks associated with modifications, —revises the applicability of some CMR tasks, —revises some CMR tasks with increased intervals, —revises a CMR task with a more restrictive interval, —deletes CMR task 282300-B0002-1-C which is the subject of EASA AD 2007-0279. Some of those changes constitute more restrictive requirements for aeroplane configuration already in service. Failure to comply with this Revision 00 of AIRBUS A340 ALS Part 3 constitutes an unsafe condition. This new AD * * * requires the implementation of Revision 00 of AIRBUS A340 ALS Part 3. The unsafe condition is a safety-significant latent failure that would, in combination with one or more other specific failures or events, result in a hazardous or catastrophic failure condition. This AD requires revising the ALS of the Instructions for Continued Airworthiness by incorporating new and revised CMRs. Actions and Compliance (f) Unless already done, within 3 months after the effective date of this AD, revise the ALS of the Instructions for Continued Airworthiness by incorporating Airbus A340 ALS, Part 3—Certification Maintenance Requirements (CMR), Revision 00, dated July 31, 2008 (“ALS, Part 3”). Accomplish the actions specified in the ALS, Part 3, at the times specified in the ALS, Part 3, and in accordance with the ALS, Part 3, except as provided by paragraphs (f)(1) and (f)(2) of this AD. (1) Count the associated interval for any new task from the effective date of this AD, except that Airbus A340 CMR Task 212100-00001-1-C must be performed at the later of the times specified in paragraphs (f)(1)(i) and (f)(1)(ii) of this AD. (i) Before the accumulation of 2,600 total flight hours since the date of issuance of the original French airworthiness certificate or the date of issuance of the original French or EASA export certificate of airworthiness. (ii) Within 800 flight hours or 3 months, whichever comes first, after the approval date of Revision 00 of the ALS, Part 3. (2) Count the associated interval for any revised task from the previous performance of the task. (3) Doing the revision required by paragraph (f) of this AD terminates the requirements of paragraph (f) of AD 2007-05-08, Amendment 39-14969, for that airplane only. 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: Vladimir Ulyanov, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 227-1138; 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. 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. (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 Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2009-0098, dated April 22, 2009; and Airbus A340 ALS, Part 3—Certification Maintenance Requirements (CMR), Revision 00, dated July 31, 2008; for related information. Material Incorporated by Reference (i) You must use Airbus A340 ALS, Part 3—Certification Maintenance Requirements (CMR), Revision 00, including Appendices 1 and 2, dated July 31, 2008, to do the actions required by this AD, unless the AD specifies otherwise. (The title page of this document does not specify a revision date; the revision date is specified on all other pages of the document. Only the title page and the Record of Revisions specify the revision level of this document.) (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 Airbus SAS—Airworthiness Office—EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80, e-mail ; Internet . (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: . Issued in Renton, Washington, on December 23, 2009. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9-31287 Filed 1-11-10; 8:45 am] BILLING CODE 4910-13-P POSTAL SERVICE 39 CFR Part 111 Treatment of Undeliverable Books and Sound Recordings AGENCY: Postal Service TM . ACTION: Final rule. SUMMARY: The Postal Service is revising * Mailing Standards of the United States Postal Service, * Domestic Mail Manual, for the disposal or treatment of books and sound recordings that are undeliverable-as-addressed (UAA) in their original packaging. The disposal of these items as waste will simplify handling procedures and reduce costs. DATES: Effective Date: February 1, 2010. FOR FURTHER INFORMATION CONTACT: Bert Olsen, 202-268-7276, Mary Collins, 202-268-5440. SUPPLEMENTARY INFORMATION: The Postal Service published a Federal Register proposed rule (73 FR 39272-39273) on July 9, 2008 to remove DMM section 507.1.9.2. The intent of this section was to facilitate a process for identifying and returning books and recordings that had become undeliverable as a result of being “loose in the mail” (contents separated from packaging and other address information), to the original publisher or distributor. This standard was misinterpreted to allow some publishers and distributors to reclaim ownership of all UAA mail and not just mail that was truly identified as “loose” in the mail. Comments We received comments from three respondents on the proposed rule. One respondent represented several trade associations and two other respondents were from separate publishing companies. All comments received were in opposition to the proposal and are summarized and presented below followed by our responses: 1. Comment: The Postal Service did not work closely and discuss the proposal with affected mailers. The Postal Service previously offered an opportunity for mailers to provide input well before the proposal was published. Additionally, publication of the proposed rule and requests for comments (July 9, 2008) afforded mailers an additional opportunity to contribute to the rule-making process prior to issuing a final rule. 2. Comment: Due to copyright concerns and privacy issues, mailers are opposed to the Postal Service selling at auction undeliverable-as-addressed books and sound recordings. Obligations concerning privacy issues and copyright concerns are the publisher's obligations. USPS ® ancillary services allow mailers to fulfill their obligations by having undeliverable books returned to them, but only in accordance with postal services and endorsements currently available to mailers. One option when using Standard Mail ® is that UAA mail can be forwarded or returned at the appropriate Media Mail or Library Mail price if the content of the mail qualifies as Media Mail under DMM 507.1.5.3, 173, 373, or 473 or Library Mail under DMM 183, 383, or 483 and the mail is marked “Media Mail” or “Library Mail” directly below the ancillary service endorsement. 3. Comment: The Postal Service should recycle undeliverable-as-addressed items. We are currently exploring a recycling offering by adding a new ancillary endorsement that mailers could use to assure undeliverable-as-addressed mail would be destroyed so it could not be used as originally intended. This potential offering is in its formative stage but if adopted may provide an attractive endorsement alternative for manufacturers and distributors of books and sound recordings who desire destruction of their undeliverable products for a fee. 4. Comment: Provide electronic notification for the reason a mailpiece was undeliverable as addressed when using the “Return Service Requested” endorsement. The Return Service Requested endorsement provides the reason of nondelivery by hardcopy at the time of return of the product. However, we understand that mailers would prefer to know as quickly as possible why a piece was undeliverable via electronic data. We intend to evaluate the development of an electronic notification option with the Return Service Requested endorsement for a fee as a future service offering. The Postal Service adopts the following changes to Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM), incorporated by reference in the Code of Federal Regulations. See 39 CFR 111.1. List of Subjects in 39 CFR Part 111 Administrative practice and procedure, Postal Service. Accordingly, 39 CFR Part 111 is amended as follows: PART 111—[AMENDED] 1. The authority citation for 39 CFR Part 111 continues to read as follows: Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 414, 416, 3001-3011, 3201-3219, 3403-3406, 3621, 3622, 3626, 3632, 3633, and 5001. 2. Revise the following sections of Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM) as follows: 500 Additional Services 507 Mailer Services 1.0 Treatment of Mail 1.9 Dead Mail [Delete 1.9.2 in its entirety and renumber current 1.9.3 as new 1.9.2] We will publish an appropriate amendment to 39 CFR Part 111 to reflect these changes. Neva R. Watson, Attorney, Legislative. [FR Doc. 2010-387 Filed 1-11-10; 8:45 am]

Rules and Regulations. Final rule

Summary

Dates

Supplementary Information