This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

6821 

Vol. 75, No. 28 

Thursday, February 11, 2010 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0035; Directorate 

Identifier 2009–NM–066–AD] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Model 747–400, 747–400D, 

and 747–400F Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for Model 

747–400, 747–400D, and 747–400F 

series airplanes. This proposed AD 

would require installing a hot short 

protector (HSP) for the fuel quantity 

indicating system (FQIS) of the center 

fuel tank and, for certain airplanes, the 

horizontal stabilizer fuel tank. This 

proposed AD results from fuel system 

reviews conducted by the manufacturer. 

We are proposing this AD to prevent an 

electrical hot short from a source 

outside the FQIS to the densitometer 

wiring from causing failure of the FQIS 

densitometer resistors, which could 

result in an ignition source inside the 

center or horizontal stabilizer fuel tanks. 

An ignition source, in combination with 

flammable fuel vapors, could result in a 

fuel tank explosion and consequent loss 

of the airplane. 

DATES: We must receive comments on 

this proposed AD by March 29, 2010. 

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 proposed AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, Washington 98124– 

2207; telephone 206–544–5000, 

extension 1; fax 206–766–5680; e-mail 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. You 

may review copies of the referenced 

service information at the FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington. 

For information on the availability of 

this material at the FAA, call 425–227– 

1221 or 425–227–1152. 

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: 

Georgios Roussos, Aerospace Engineer, 

Systems and Equipment Branch, ANM– 

130S, FAA, Seattle Aircraft Certification 

Office, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 917–6482; fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

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–2010–0035; Directorate Identifier 

2009–NM–066–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 

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 


cprice-sewell on DSK2BSOYB1PROD with PROPOSALS
6822 Federal Register / Vol. 75, No. 28 / Thursday, February 11, 2010 / Proposed Rules 

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 a fuel tank explosion and consequent 

loss of the airplane. 

As part of SFAR 88 analysis, Boeing 

found that an electrical hot short from 

a source outside the fuel quantity 

indicating system (FQIS) to the 

densitometer wiring could result in an 

ignition source if the densitometer 

resistors failed while not covered by 

fuel. Installation of an electrical 

isolation device, a ‘‘hot short protector’’ 

(HSP), would protect the fuel 

densitometer for the horizontal 

stabilizer tank (HST) and the center 

wing tank (CWT) from exposure to 

unsafe energy levels. Failure of the FQIS 

densitometer resistors caused by a hot 

short could result in an ignition source 

inside the center or horizontal stabilizer 

fuel tanks. An ignition source, in 

combination with flammable fuel 

vapors, could result in a fuel tank 

explosion and consequent loss of the 

airplane. 

Relevant Service Information 

We have reviewed Boeing Service 

Bulletin 747–28A2266, Revision 1, 

dated December 10, 2009 (for airplanes 

with CWTs), and Boeing Alert Service 

Bulletin 747–28A2267, dated December 

18, 2008 (for airplanes with HSTs). 

Those service bulletins describe 

procedures for installing an HSP in the 

CWT and the HST, as applicable. The 

installation involves re-terminating the 

existing wire bundle from the 

densitometer connector to the HSP, 

adding a new wire bundle that connects 

between the HSP and the densitometer 

connector, and installing the HSP and 

support bracket. For the HSP, the 

installation might also include 

reworking the lower center drip shield 

to provide clearance for the new wire 

connector backshell on the 

densitometer. 

Boeing Service Bulletin 747– 

28A2266, Revision 1, dated December 

10, 2009 (for airplanes with CWTs), and 

Boeing Alert Service Bulletin 747– 

28A2267, dated December 18, 2008, 

refer to Cinch Service Bulletin CN1036– 

28–01, Revision C, dated January 18, 

2007, as an additional source of service 

information for installing the HSP in the 

fuel tanks. 

Other Related Rulemaking 

On April 28, 2008, we issued AD 

2008–10–06, Amendment 39–15512 (73 

FR 25990, May 8, 2008), applicable to 

Boeing Model 747–400, –400D, and 

–400F series airplanes. That AD requires 

revising the maintenance program by 

incorporating new airworthiness 

limitations (AWLs) for fuel tank systems 

to satisfy SFAR 88 requirements. One of 

those AWLs, AWL 28–AWL–23, is 

related to this proposed AD by 

including inspection of the bonding 

integrity during any subsequent 

replacement of the HSP. 

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 the same 

type design. This proposed AD would 

require accomplishing the actions 

specified in the service information 

described previously. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 80 airplanes of U.S. 

registry. The following table provides 

the estimated costs for U.S. operators to 

comply with this proposed AD. 

TABLE—ESTIMATED COSTS

Action Work hours 

Average 

labor rate 

per hour 

Parts Cost per product Fleet cost 

Installation1 .................... 6 to 17 ............... $85 $15,821 to $30,650 ....... $16,331 to $32,095 ....... $306,480 to $2,567,600. 

1Work hours and parts costs depend on airplane configuration. 

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 

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. 

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. 


cprice-sewell on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 28 / Thursday, February 11, 2010 / Proposed Rules 6823 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

The Boeing Company: Docket No. FAA– 

2010–0035; Directorate Identifier 2009– 

NM–066–AD. 

Comments Due Date 

(a) We must receive comments by March 

29, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to The Boeing 

Company Model 747–400, 747–400D, and 

747–400F series airplanes, certificated in any 

category; as identified in the service bulletins 

listed in paragraphs (c)(1) and (c)(2) of this 

AD. 

(1) Boeing Service Bulletin 747–28A2266, 

Revision 1, dated December 10, 2009. 

(2) Boeing Alert Service Bulletin 747– 

28A2267, dated December 18, 2008. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 28: Fuel. 

Unsafe Condition 

(e) This AD results from fuel system 

reviews conducted by the manufacturer. The 

Federal Aviation Administration is issuing 

this AD to prevent an electrical hot short 

from a source outside the Fuel Quantity 

Indicating System (FQIS) to the densitometer 

wiring from causing failure of the FQIS 

densitometer resistors, which could result in 

an ignition source inside the center or 

horizontal stabilizer fuel tanks. An ignition 

source, in combination with flammable fuel 

vapors, could result in a fuel tank explosion 

and consequent loss of the airplane. 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Installation of Hot Short Protector 

(g) Within 60 months after the effective 

date of this AD: Do the applicable 

installations of the hot short protector (HSP) 

specified in paragraphs (g)(1) and (g)(2) of 

this AD. 

Note 1: Boeing Service Bulletin 747– 

28A2266, Revision 1, dated December 10, 

2009; and Boeing Alert Service Bulletin 747– 

28A2267, dated December 18, 2008; refer to 

Cinch Service Bulletin CN1036–28–01, 

Revision C, dated January 18, 2007, as an 

additional source of guidance for installing 

the HSP in the fuel tanks. 

(1) For all airplanes: Install the HSP in the 

center wing tank, in accordance with the 

Accomplishment Instructions of Boeing 

Service Bulletin 747–28A2266, Revision 1, 

dated December 10, 2009. 

(2) For airplanes identified in Boeing Alert 

Service Bulletin 747–28A2267, dated 

December 18, 2008: Install the HSP in the 

horizontal stabilizer tank, in accordance with 

the Accomplishment Instructions of Boeing 

Alert Service Bulletin 747–28A2267, dated 

December 18, 2008. 

Credit for Installation Previously 

Accomplished in Accordance With Previous 

Issue of Service Bulletin 

(h) Actions accomplished before the 

effective date of this AD according to Boeing 

Alert Service Bulletin 747–28A2266, dated 

December 18, 2008, are considered 

acceptable for compliance with the 

corresponding action specified in 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: 

Georgios Roussos, Aerospace Engineer, 

Systems and Equipment Branch, ANM–130S, 

FAA, Seattle Aircraft Certification Office, 

1601 Lind Avenue SW., Renton, Washington 

98057–3356; telephone (425) 917–6482; fax 

(425) 917–6590. Or, e-mail information to 9- 

ANM-Seattle-ACO-AMOC-Requests@faa.gov. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

Office. The AMOC approval letter must 

specifically reference this AD. 

Issued in Renton, Washington, on February 

4, 2010. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–2992 Filed 2–10–10; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 51 and 52 

[EPA–HQ–OAR–2004–0014: FRL–9113–1] 

RIN 2060–AP73 

Prevention of Significant Deterioration 

(PSD) and Nonattainment New Source 

Review (NSR): Reconsideration of 

Inclusion of Fugitive Emissions; 

Proposal for Additional Stay 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is proposing to put 

in place an additional 18-month stay to 

the existing stay of the inclusion of 

fugitive emissions requirements in the 

federal Prevention of Significant 

Deterioration (PSD) program published 

in the Federal Register on December 19, 

2008, in the final rule entitled, 

‘‘Prevention of Significant Deterioration 

(PSD) and Nonattainment New Source 

Review (NSR): Reconsideration of 

Fugitive Emissions’’ (‘‘Fugitive 

Emissions Rule’’). The Fugitive 

Emissions Rule under the federal PSD 

program requires that fugitive emissions 

be included in determining whether a 

physical or operation change results in 

a major modification only for sources in 

industries that have been designated 

through rulemaking under section 302(j) 

of the Clean Air Act (Act or CAA). 

The existing stay is in effect for three 

months; that is, from December 31, 

2009, until March 31, 2010. This action 

proposes to put in place an additional 

stay for 18 months, which we believe 

will allow for sufficient time for EPA to 

propose, take public comment on, and 

issue a final action concerning the 

inclusion of fugitive emissions in the 

Federal PSD program. 

DATES: Comments must be received on 

or before March 15, 2010. 

Public Hearing. If anyone contacts 

EPA requesting the opportunity to speak 

at a public hearing concerning the 

proposed regulation by February 22, 

2010, we will hold a public hearing on 

February 26, 2010. If a hearing is held, 

the record for the hearing will remain 

open until March 29, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2004–0014, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the online instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov. 

• Fax: (202) 566–1741. 

• Mail: Air and Radiation Docket, 

Environmental Protection Agency, Mail 

code 6102T, 1200 Pennsylvania Avenue, 

NW., Washington, DC 20460. 

• Hand Delivery: EPA Docket Center, 

Public Reading Room, EPA West, Room 

3334, 1301 Constitution Ave., NW., 

Washington, DC 20460. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

the applicable docket. EPA’s policy is 

that all comments received will be 

included in the public docket without 

change and may be made available 

online at http://www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

information that you consider to be CBI 

or otherwise protected through http:// 


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