The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of September 24, 2008.

We must receive comments on this AD by November 10, 2008.

ADDRESSES: You may send comments by any of the following methods:

. Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.

. Fax: 202-493-2251.

. Mail: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590.

. Hand Delivery: U.S. Department of Transportation, Docket Operations, M- 30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

For service information identified in this AD, contact Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1-L5A (D800- 0024).

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Roger Durbin, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; telephone (562) 627- 5233; fax (562) 627-5210.

SUPPLEMENTARY INFORMATION:

Discussion

We have received reports of loose, cracked, or missing fasteners in the aft mount support fitting of the left and right engines on several McDonnell Douglas Model MD-90-30 airplanes. The airplanes had accumulated between 18,767 and 25,400 total flight hours and between 15,841 and 27,000 total flight cycles. A safety assessment of the missing fasteners has concluded that loose or discrepant fasteners in the top

[Page Number 52204]

horizontal row, common with the pylon skin, significantly decrease the margin of safety of the aft mount support installation at the design limit load. Loose, cracked, or missing fasteners in the engine aft mount support fitting could lead to separation of the support fitting from the pylon. This condition, if not corrected, could result in separation of the engine from the airplane.

Relevant Service Information

We reviewed Boeing Alert Service Bulletin MD90-54A002, dated August 1, 2008. The service bulletin describes procedures for doing a detailed inspection for certain defects of the upper fasteners of the aft mount support fitting of the left and right engines, and corrective action as applicable. The detailed inspection consists of the following actions: (1) A general visual inspection of the upper fasteners for any missing, loose, or damaged fasteners, (2) a gap check between the washers and structure or between the fastener heads and structure, if applicable, and (3) a torque check of the fastener nuts, if applicable. The corrective action includes replacing all fasteners if any defect is found.

FAA's Determination and Requirements of This AD

We are issuing this AD because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the(se) same type design(s). This AD requires accomplishing the actions specified in the service information described previously.

Interim Action

This is considered to be interim action until final action is identified, at which time we might consider further rulemaking.

FAA's Justification and Determination of the Effective Date

Loose, cracked, or missing fasteners in the engine aft mount support fitting could lead to separation of the support fitting from the pylon, possibly resulting in separation of the engine from the airplane. Because of our requirement to promote safe flight of civil aircraft and thus, the critical need to assure structural integrity of the engine aft mount support fitting and the short compliance time involved with this action, this AD must be issued immediately.

Because an unsafe condition exists that requires the immediate adoption of this AD, we find that notice and opportunity for prior public comment hereon are impracticable and that 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-2008-0946; Directorate Identifier 2008-NM-147-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 http://www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD.

Authority for This Rulemaking

Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. "Subtitle VII: Aviation Programs," describes in more detail the scope of the Agency's authority.

We are issuing this rulemaking under the authority described in "Subtitle VII, Part A, Subpart III, Section 44701: General requirements." Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.

Regulatory Findings

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.

[Section] 39.13 [Amended]

2. The FAA amends [Section] 39.13 by adding the following new AD:

2008-18-10 McDonnell Douglas: Amendment 39-15667. Docket No. FAA-2008-0946; Directorate Identifier 2008-NM-147-AD.

Effective Date

(a) This airworthiness directive (AD) is effective September 24, 2008.

Affected ADs

(b) None.

Applicability

(c) This AD applies to McDonnell Douglas Model MD-90-30 airplanes, certificated in any category; as identified in Boeing Alert Service Bulletin MD90-54A002, dated August 1, 2008.

Unsafe Condition

(d) This AD results from reports of loose, cracked, or missing fasteners in the aft mount support fitting of the left and right engines. We are issuing this AD to detect and correct loose, cracked, or missing fasteners in the engine aft support mount fitting, which could lead to separation of the support fitting from the pylon, which could result in separation of the engine from the airplane.

Compliance

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

Detailed Inspection

(f) Within 703 flight cycles after the effective date of this AD, do a detailed

[Page Number 52205]

inspection for any defect (missing, loose, or damaged fasteners; incorrect gap between washers and structure or between fastener heads and structure; or incorrect torque of fastener nuts) of the upper fasteners of the aft mount support fitting of the left and right engines, and do all the applicable corrective actions before further flight, by accomplishing all of the applicable actions specified in the Accomplishment Instructions of Boeing Alert Service Bulletin MD90-54A002, dated August 1, 2008.

Credit for Actions Done per Multiple Operator Message (MOM)

(g) Actions done before the effective date of this AD in accordance with Boeing MOM 1-893882781-2, dated July 25, 2008, are acceptable for compliance with the requirements of paragraph (f) of this AD.

Alternative Methods of Compliance (AMOCs)

(h)(1) The Manager, Los Angeles Certification Office (ACO), FAA, ATTN: Roger Durbin, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles ACO, 3960 Paramount Boulevard, Lakewood, California 90712-4137; telephone (562) 627-5233; fax (562) 627-5210; has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19.

(2) To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.

(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, Los Angeles 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

(i) You must use Boeing Alert Service Bulletin MD90-54A002, dated August 1, 2008, 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, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1-L5A (D800-0024).

(3) You may review copies of the service information incorporated by reference at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington; or 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: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locat ions.html.

Issued in Renton, Washington, on August 25, 2008.

Dionne Palermo,

Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.

[FR Doc. E8-20494 Filed 9-8-08; 8:45 am]

BILLING CODE 4910-13-P

Vol. 73, No. 175

14 CFR Part 39; [Docket No. FAA-2008-0946; Directorate Identifier 2008-NM-147- AD; Amendment 39-15667; AD 2008-18-10]; RIN 2120-AA64

Rules and Regulations

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of September 24, 2008.

We must receive comments on this AD by November 10, 2008.

ADDRESSES: You may send comments by any of the following methods:

* Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.

* Fax: 202-493-2251.

* Mail: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590.

* Hand Delivery: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

For service information identified in this AD, contact Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1-L5A (D800-0024).

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Roger Durbin, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; telephone (562) 627-5233; fax (562) 627-5210.

SUPPLEMENTARY INFORMATION:

Discussion

We have received reports of loose, cracked, or missing fasteners in the aft mount support fitting of the left and right engines on several McDonnell Douglas Model MD-90-30 airplanes. The airplanes had accumulated between 18,767 and 25,400 total flight hours and between 15,841 and 27,000 total flight cycles. A safety assessment of the missing fasteners has concluded that loose or discrepant fasteners in the top horizontal row, common with the pylon skin, significantly decrease the margin of safety of the aft mount support installation at the design limit load. Loose, cracked, or missing fasteners in the engine aft mount support fitting could lead to separation of the support fitting from the pylon. This condition, if not corrected, could result in separation of the engine from the airplane.

Relevant Service Information

We reviewed Boeing Alert Service Bulletin MD90-54A002, dated August 1, 2008. The service bulletin describes procedures for doing a detailed inspection for certain defects of the upper fasteners of the aft mount support fitting of the left and right engines, and corrective action as applicable. The detailed inspection consists of the following actions: (1) A general visual inspection of the upper fasteners for any missing, loose, or damaged fasteners, (2) a gap check between the washers and structure or between the fastener heads and structure, if applicable, and (3) a torque check of the fastener nuts, if applicable. The corrective action includes replacing all fasteners if any defect is found.

FAA's Determination and Requirements of This AD

We are issuing this AD because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the(se) same type design(s). This AD requires accomplishing the actions specified in the service information described previously.

Interim Action

This is considered to be interim action until final action is identified, at which time we might consider further rulemaking.

FAA's Justification and Determination of the Effective Date

Loose, cracked, or missing fasteners in the engine aft mount support fitting could lead to separation of the support fitting from the pylon, possibly resulting in separation of the engine from the airplane. Because of our requirement to promote safe flight of civil aircraft and thus, the critical need to assure structural integrity of the engine aft mount support fitting and the short compliance time involved with this action, this AD must be issued immediately.

Because an unsafe condition exists that requires the immediate adoption of this AD, we find that notice and opportunity for prior public comment hereon are impracticable and that 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-2008-0946; Directorate Identifier 2008-NM-147-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 http://www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD.

Authority for This Rulemaking

Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. "Subtitle VII: Aviation Programs," describes in more detail the scope of the Agency's authority.

We are issuing this rulemaking under the authority described in "Subtitle VII, Part A, Subpart III, Section 44701: General requirements." Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.

Regulatory Findings

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.

SEC 39.13 [Amended]

2. The FAA amends SEC 39.13 by adding the following new AD:

2008-18-10 McDonnell Douglas: Amendment 39-15667. Docket No. FAA-2008-0946; Directorate Identifier 2008-NM-147-AD.

Effective Date

(a) This airworthiness directive (AD) is effective September 24, 2008.

Affected ADs

(b) None.

Applicability

(c) This AD applies to McDonnell Douglas Model MD-90-30 airplanes, certificated in any category; as identified in Boeing Alert Service Bulletin MD90-54A002, dated August 1, 2008.

Unsafe Condition

(d) This AD results from reports of loose, cracked, or missing fasteners in the aft mount support fitting of the left and right engines. We are issuing this AD to detect and correct loose, cracked, or missing fasteners in the engine aft support mount fitting, which could lead to separation of the support fitting from the pylon, which could result in separation of the engine from the airplane.

Compliance

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

--This is a summary of a Federal Register article originally published on the page number listed below--

Final rule; request for comments.

CFR Part: "14 CFR Part 39"

RIN Number: "RIN 2120-AA64"

Citation: "73 FR 52203"

Document Number: "Docket No. FAA-2008-0946; Directorate Identifier 2008-NM-147-AD; Amendment 39-15667; AD 2008-18-10"

Federal Register Page Number: "52203"

"Rules and Regulations"

ADDRESSES: You may send comments by any of the following methods:

. Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.

. Fax: 202-493-2251.

. Mail: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590.

. Hand Delivery: U.S. Department of Transportation, Docket Operations, M- 30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

For service information identified in this AD, contact Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1-L5A (D800- 0024).

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Serj Harutunian, Aerospace Engineer, Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; telephone (562) 627-5254; fax (562) 627-5210.

SUPPLEMENTARY INFORMATION: We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include "Docket No. FAA-2008-0934; Directorate Identifier 2008-NM-113-AD" at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments.

We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD.

Discussion

The FAA has examined the underlying safety issues involved in fuel tank explosions on several large transport airplanes, including the adequacy of existing regulations, the service history of airplanes subject to those regulations, and existing maintenance practices for fuel tank systems. As a result of those findings, we issued a regulation titled "Transport Airplane Fuel Tank System Design

[Page Number 50895]

Review, Flammability Reduction and Maintenance and Inspection Requirements" (66 FR 23086, May 7, 2001). In addition to new airworthiness standards for transport airplanes and new maintenance requirements, this rule included Special Federal Aviation Regulation No. 88 ("SFAR 88," Amendment 21-78, and subsequent Amendments 21-82 and 21-83).

Among other actions, SFAR 88 requires certain type design (i.e., type certificate (TC) and supplemental type certificate (STC)) holders to substantiate that their fuel tank systems can prevent ignition sources in the fuel tanks. This requirement applies to type design holders for large turbine- powered transport airplanes and for subsequent modifications to those airplanes. It requires them to perform design reviews and to develop design changes and maintenance procedures if their designs do not meet the new fuel tank safety standards. As explained in the preamble to the rule, we intended to adopt airworthiness directives to mandate any changes found necessary to address unsafe conditions identified as a result of these reviews.

In evaluating these design reviews, we have established four criteria intended to define the unsafe conditions associated with fuel tank systems that require corrective actions. The percentage of operating time during which fuel tanks are exposed to flammable conditions is one of these criteria. The other three criteria address the failure types under evaluation: Single failures, single failures in combination with a latent condition(s), and in- service failure experience. For all four criteria, the evaluations included consideration of previous actions taken that may mitigate the need for further action.

We have determined that the actions identified in this AD are necessary to reduce the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.

Boeing has determined a need to protect the fuel boost pump stator lead wires from contacting the pump rotor/shaft assembly. Lead wire contact and the resulting chafing may result in an ignition source (energized rotor assembly) being produced in the fuel boost pump inlet that could propagate into the fuel tank when the fuel boost pump inlet is not fully covered by fuel. Replacement of the fuel boost pumps will minimize the risk of potential ignition sources that may occur within the fuel tanks at critical fuel boost pump locations in the center wing, and forward or aft auxiliary fuel tanks. An ignition source in the fuel tank could result in a fire or an explosion and consequent loss of the airplane.

Relevant Service Information

We have reviewed Boeing Service Bulletins DC9-28-212 (for Model DC-9-30, DC-9-40, and DC-9-50 series airplanes, and Model DC-9-81 (MD-81), DC-9-82 (MD- 82), DC-9-83 (MD-83), DC-9-87 (MD-87), and MD-88 airplanes) and MD90-28-010, (for MD-90-30 airplanes), both dated February 22, 2008. The service bulletins describe procedures for modifying the fuel boost pumps for the center wing, and forward or aft auxiliary fuel tanks. The modification includes changing or replacing the boost pumps, as applicable. The change includes incorporating a stator lead wire position retention feature.

The Boeing service bulletins recommend concurrent accomplishment of the modification in Argo-Tech Service Bulletin 398000-28-2, dated November 8, 2007. The Argo-Tech Service Bulletin describes procedures for modifying the fuel boost pumps.

FAA's Determination and Requirements of This Proposed AD

We are proposing this AD because we evaluated all relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of these same type designs. This proposed AD would require accomplishing the actions specified in the Boeing service information described previously.

Costs of Compliance

We estimate that this proposed AD would affect 804 airplanes of U.S. registry. The following table provides the estimated costs for U.S. operators to comply with the modification specified in this proposed AD. The fleet cost is estimated to be between $1,246,200 and $13,087,512.

TABLE GOES

Airplane group Work hours     Average labor  Parts          Cost per
                              rate per hour                 product
Group 1,       1              $80           Between        Between
Configurations                               $1,470 and    $1,550 and
1 and 2                                      $16,038       $16,118.
Group 2,       2              80             Between        Between
Configurations                               $1,470 and    $1,630 and
1 and 2; Group                               $16,038       $16,198.
7,
Configuration
2
Group 3,       3              80             Between        Between
Configurations                               $1,470 and    $1,710 and
1 and 2                                      $16,038       $16,278.
Group 4,       1              80             Between        Between
Configurations                               $1,470 and    $1,550 and
1 and 2                                      $16,038       $16,118.
Group 5,       2              80             Between        Between
Configurations                               $1,470 and    $1,630 and
1 and 2                                      $16,038       $16,198.
Group 6,       1              80             Between        Between
Configurations                               $1,470 and    $1,550 and
1 and 2; Group                               $16,038       $16,118.
8,
Configurations
1 and 2

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 proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government.

For the reasons discussed above, I certify this proposed regulation:

1. Is not a "significant regulatory action" under Executive Order 12866,

2. Is not a "significant rule" under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979), and

[Page Number 50896]

3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

You can find our regulatory evaluation and the estimated costs of compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

[Section] 39.13 [Amended]

2. The FAA amends [Section] 39.13 by adding the following new AD:

McDonnell Douglas: Docket No. FAA-2008-0934; Directorate Identifier 2008-NM- 113-AD.

Comments Due Date

(a) We must receive comments by October 14, 2008.

Affected ADs

(b) None.

Applicability

(c) This AD applies to McDonnell Douglas Model DC-9-31, DC-9-32, DC-9-32 (VC-9C), DC-9-32F, DC-9-32F (C-9A, C-9B), DC-9-33F, DC-9-34, DC-9-34F, DC-9- 41, DC-9-51, DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), and DC-9-87 (MD-87), MD-88, and MD-90-30 airplanes; certificated in any category; as identified in Boeing Service Bulletins DC9-28-212 and MD90-28-010, both dated February 22, 2008.

Unsafe Condition

(d) This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent possible sources of ignition in a fuel tank caused by electrical fault or uncommanded dry operation of the fuel boost pumps. An ignition source in the fuel tank could result in a fire or an explosion and consequent loss of the airplane.

Compliance

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

Modification

(f) Within 60 months after the effective date of this AD: Modify the fuel boost pumps for the center wing, and forward or aft auxiliary fuel tanks, as applicable, by doing all the applicable actions specified in the Accomplishment Instructions of Boeing Service Bulletin DC9-28-212 or MD90-28- 010, both dated February 22, 2008, as applicable.

Prior or Concurrent Action

(g) Prior to or concurrently with accomplishing the modification required by paragraph (f) of this AD: Do the modification specified in Argo-Tech Service Bulletin 398000-28-2, dated November 8, 2007.

Alternative Methods of Compliance (AMOCs)

(h)(1) The Manager, Los Angeles Aircraft Certification Office (ACO), FAA, ATTN: Serj Harutunian, Aerospace Engineer, Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; telephone (562) 627-5254; fax (562) 627-5210; has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19.

(2) To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.

Issued in Renton, Washington, on August 21, 2008.

Kevin Hull,

Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.

[FR Doc. E8-20082 Filed 8-28-08; 8:45 am]

BILLING CODE 4910-13-P

Vol. 73, No. 169

14 CFR Part 39; [Docket No. FAA-2008-0934; Directorate Identifier 2008-NM-113- AD]; RIN 2120-AA64

Proposed Rules

In a recent article in the New England Journal of Medicine various dieting approaches were evaluated and findings indicate that no matter the type of diet a person is on, low-fat, low carbohydrate, or a Mediterranean diet, any amount of weight loss is beneficial to the patient's health.

The Reality Coalition is asking the media to join them in their efforts to make this country healthier, starting with a realistic approach to weight loss.

Recently, a nationally syndicated news service implied that a diet may not be worth it if the dieter is only going to lose five to 10 pounds. "In this and many other news stories I read, the key takeaway always seems to be the same -- that if a person does not lose extraordinary amounts of weight on a diet or other weight loss regimens, something is wrong," said Reality Coalition co-chair MRC Greenwood, Ph.D. "This perpetuates the unrealistic approach to weight loss that sets consumers up for failure time and time again."

The Reality Coalition published a paper on overweight and obesity called "Help Not Hype: Getting Real About Weight Loss," in the February 2007 issue of Obesity Management. In the paper, the Coalition identifies the media as having an important role in the fight against obesity. The media have the ability to positively shape consumer's perceptions of maintaining a healthy weight by ensuring thoughtful, scientifically grounded editorial content. Conversely, the media can be harmful when they present inaccurate or misleading editorial messages.

Improving physical appearance may motivate some people to lose weight, and it should be noted that being overweight or obese has a much greater impact on physical health. It is estimated that 112,000 more deaths were associated with obesity relative to normal weight in the year 2000. If the overweight/obesity trend is not reversed, the gains in life expectancy and quality of life resulting from medical advances will erode, and increasing health costs will burden the U.S. healthcare system.

For more information, log on to www.reality-coalition.org.

About Overweight and Obesity

Currently, approximately 65 percent of U.S. adults are overweight or obese, according to the National Institutes of Health. Research suggests that overweight individuals appear to be on the pathway to obesity. Overweight and obesity are associated with an increased risk of developing health problems such as hypertension, type 2 diabetes and heart disease. Factors that can contribute to overweight include an abundance of high-calorie foods, low levels of physical activity, behavior, environment, and genetics. Multiple studies have shown that a modest reduction in weight improves health outcomes significantly in overweight or obese patients.

About the Reality Coalition

The Reality Coalition is a group of esteemed experts on obesity, nutrition, diabetes and healthcare policy who share the common goal of advancing an agenda for realistic approaches to weight loss to achieve improved public health.

The Reality Initiative was launched in 2006 and is supported by an educational grant from GlaxoSmithKline Consumer Healthcare. The Coalition developed a white paper entitled "Help Not Hype: Getting Real About Weight Loss" (published in Obesity Management, February 2007), which was introduced in partnership with the Federal Trade Commission at NAASO, The Obesity Society annual meeting in October 2006. Committed to changing the national weight loss dialogue and broadening its sponsorship base, the Coalition is expanding its efforts in 2008 to invite business leaders, private, public, professional and non-profit groups to partner in our work.

Reality Coalition Members include co-chairs Louis J. Aronne, MD, Dr. George L. Blackburn, MD, Ph.D., and MRC Greenwood, Ph.D.; Arthur Frank, MD, Obesity Specialist; Gary Foster, Ph.D., Behavioral Psychologist; Barbara Moore, Ph.D., Nutritionist; Judith Stern, Sc.D., Nutritionist; Anne Wolf, MS, RD, Dietitian; Madelyn Fernstrom, Ph.D., CNS, Nutritionist; Johanna Dwyer, Ph.D., Nutritionist; Susan Cummings, RD, Dietitian; Jeremy Nobel, MD, MPH, Public Health Expert; Valentine Burroughs, MD, MBA, Diabetes Expert; Morgan Downey, JD, Obesity Specialist, Shaping America's Health; NAASO, the Obesity Society, National Consumers League, America On the Move, American Dietetic Association and the American Pharmacists Association.

     Contact:  Dave Schemelia
               HealthSTAR Public Relations
               Ph. 646-722-8819
               dschemelia@healthstarpr.com

SOURCE The Reality Coalition

http://www.reality-coalition.org