Federal Register / Vol. 75, No. 126 / Thursday, July 1, 2010 / Rules and Regulations 38017 

Restatement of Requirements of AD 2008– 

06–24, With New Service Information 

Inspection and Related Investigative/ 

Corrective Actions if Necessary 

(g) For airplanes identified in Boeing 

Special Attention Service Bulletin 737–35– 

1099, dated April 9, 2007: Within 60 months 

after April 23, 2008 (the effective date of AD 

2008–06–24), do a general visual inspection 

to determine the manufacturer and 

manufacture date of the oxygen masks in the 

passenger service unit and the lavatory and 

attendant box assemblies, and do the 

applicable corrective action and other 

specified action, by accomplishing all of the 

applicable actions specified in the 

Accomplishment Instructions of Boeing 

Special Attention Service Bulletin 737–35– 

1099, dated April 9, 2007; or Revision 1, 

dated April 23, 2009; except where these 

service bulletins specify repairing the oxygen 

mask assembly, replace it with a new or 

modified oxygen mask assembly having an 

improved flow indicator. The corrective 

action and other specified action must be 

done before further flight. As of the effective 

date of this AD, use only Revision 1 of 

Boeing Special Attention Service Bulletin 

737–35–1099. 

New Requirements of This AD 

Inspection and Related Investigative/ 

Corrective Actions if Necessary 

(h) For airplanes other than those 

identified in paragraph (g) of this AD: Within 

60 months after the effective date of this AD, 

do a general visual inspection to determine 

the manufacturer and manufacture date of 

the oxygen masks in the passenger service 

unit and the lavatory and attendant box 

assemblies, and do the applicable corrective 

action and other specified action, by 

accomplishing all of the applicable actions 

specified in the Accomplishment 

Instructions of Boeing Special Attention 

Service Bulletin 737–35–1099, Revision 1, 

dated April 23, 2009; except where this 

service bulletin specifies repairing the 

oxygen mask assembly, replace it with a new 

or modified oxygen mask assembly having an 

improved flow indicator. The corrective 

action and other specified action must be 

done before further flight. 

Note 1: Boeing Special Attention Service 

Bulletin 737–35–1099, dated April 9, 2007; 

and Revision 1, dated April 23, 2009; refer 

to B/E Aerospace Service Bulletin 174080– 

35–01, dated February 6, 2006; Revision 1, 

dated May 1, 2006; and Revision 2, dated 

May 28, 2008; as additional sources of 

guidance for modifying the oxygen mask 

assembly by replacing the flow indicator 

with an improved flow indicator. 

Parts Installation 

(i) As of the effective date of this AD, no 

person may install a B/E Aerospace oxygen 

mask assembly having a part number in the 

174080 series or 174095 series with a 

manufacturing date after January 1, 2002, and 

before March 1, 2006, on any airplane, unless 

it has been modified in accordance with the 

requirements of paragraph (h) of this AD. 

Credit for Actions Done in Accordance With 

Previous Issue of the Service Bulletin 

(j) Actions done before the effective date of 

this AD, in accordance with Boeing Special 

Attention Service Bulletin 737–35–1099, 

dated April 9, 2007, are acceptable for 

compliance with the requirements of 

paragraphs (g) and (h) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(k)(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: 

Nicholas Wilson, Aerospace Engineer, Cabin 

Safety and Environmental Systems Branch, 

ANM–150S, FAA, Seattle Aircraft 

Certification Office, 1601 Lind Avenue SW., 

Renton, Washington 98057–3356; telephone 

(425) 917–6476; fax (425) 917–6590. Or, email information to 9-ANM-Seattle-ACOAMOC-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. 

(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 Organization 

Designation Authorization (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 

(l) You must use Boeing Special Attention 

Service Bulletin 737–35–1099, dated April 9, 

2007; or Boeing Special Attention Service 

Bulletin 737–35–1099, Revision 1, dated 

April 23, 2009; 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 Special Attention Service Bulletin 

737–35–1099, Revision 1, dated April 23, 

2009, 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 Special Attention Service 

Bulletin 737–35–1099, dated April 9, 2007, 

on April 23, 2008 (73 FR 14666, March 19, 

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 me.boecom@boeing.com; 

Internet https://www.myboeingfleet.com. 

(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. 

(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: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on June 18, 

2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–15816 Filed 6–30–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0637; Directorate 

Identifier 2009–NM–062–AD; Amendment 

39–16345; AD 2009–15–16] 

RIN 2120–AA64 

Airworthiness Directives; McDonnell 

Douglas Corporation Model DC–9–10 

Series Airplanes, DC–9–30 Series 

Airplanes, DC–9–81 (MD–81) Airplanes, 

DC–9–82 (MD–82) Airplanes, DC–9–83 

(MD–83) Airplanes, DC–9–87 (MD–87) 

Airplanes, MD–88 Airplanes, and MD– 

90–30 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: This document publishes in 

the Federal Register an amendment 

adopting airworthiness directive (AD) 

2009–15–16 that was sent previously to 

all known U.S. owners and operators of 

the McDonnell Douglas Corporation 

airplanes identified above by individual 

notices. This AD requires modifying the 

flight deck door. This AD is prompted 

by a report indicating that certain 

equipment of the flight deck door is 

defective. We are issuing this AD to 

prevent failure of this equipment, which 

could jeopardize flight safety. 

DATES: This AD becomes effective July 

6, 2010 to all persons except those 

persons to whom it was made 

immediately effective by AD 2009–15– 

16, which contained the requirements of 

this amendment. 

The Director of the Federal Register 

approved the incorporation by reference 

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38018 Federal Register / Vol. 75, No. 126 / Thursday, July 1, 2010 / Rules and Regulations 

of a certain publication listed in the AD 

as of July 6, 2010. 

We must receive comments on this 

AD by August 16, 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 AD, contact TIMCO Aerosystems, 

815 Radar Road, Greensboro, NC 27410– 

6221; telephone 336–668–4410, 

extension 3063; fax 336–662–8330; 

Internet: http://www.timco.aero. 

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: 

Linda Haynes, Aerospace Engineer, 

COS—Certificate Management Branch, 

ACE–102A, FAA, Atlanta Aircraft 

Certification Office, 1701 Columbia 

Avenue, College Park, GA 30337; 

telephone 404–474–5525; fax 404–474– 

5606. 

SUPPLEMENTARY INFORMATION: On July 

15, 2009, we issued AD 2009–15–16, 

which applies to all McDonnell Douglas 

Model DC–9–10 series airplanes, DC–9– 

30 series airplanes, DC–9–81 (MD–81) 

airplanes, DC–9–82 (MD–82) airplanes, 

DC–9–83 (MD–83) airplanes, DC–9–87 

(MD–87) airplanes, MD–88 airplanes, 

and MD–90–30 airplanes. 

Background 

We have received a report indicating 

that certain equipment of the flight deck 

door is defective. This condition, if not 

corrected, could result in failure of the 

equipment, which could jeopardize 

flight safety. 

Relevant Service Information 

We reviewed TIMCO Service Bulletin 

TSB–88–52–045, Revision E, dated 

November 6, 2008. The service bulletin 

describes procedures for correcting the 

defect in the flight deck door. 

FAA’s Determination and Requirements 

of This AD 

Since the unsafe condition described 

is likely to exist or develop on other 

airplanes of the same type design, we 

issued AD 2009–15–16 to prevent 

failure of certain equipment of the flight 

deck door, which could jeopardize flight 

safety. The AD requires accomplishing 

the actions specified in the service 

information previously described. 

We have determined that notice and 

opportunity for prior public comment 

on AD 2009–15–16 were contrary to the 

public interest, and good cause existed 

to make the AD effective immediately 

by individual notices issued on July 15, 

2009, to all known U.S. owners and 

operators of McDonnell Douglas Model 

DC–9–10 series airplanes, DC–9–30 

series airplanes, DC–9–81 (MD–81) 

airplanes, DC–9–82 (MD–82) airplanes, 

DC–9–83 (MD–83) airplanes, DC–9–87 

(MD–87) airplanes, MD–88 airplanes, 

and MD–90–30 airplanes. These 

conditions still exist, and the AD is 

hereby published in the Federal 

Register as an amendment to section 

39.13 of the Federal Aviation 

Regulations (14 CFR 39.13) to make it 

effective to all persons. 

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– 

2010–0637; Directorate Identifier 2009– 

NM–062–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. 

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Federal Register / Vol. 75, No. 126 / Thursday, July 1, 2010 / Rules and Regulations 38019 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

AD 2009–15–16 McDonnell Douglas 

Corporation: Amendment 39–16345. 

Docket No. FAA–2010–0637; Directorate 

Identifier 2009–NM–062–AD. 

Effective Date 

(a) This AD becomes effective July 6, 2010, 

to all persons except those persons to whom 

it was made immediately effective by AD 

2009–15–16, issued on July 15, 2009, which 

contained the requirements of this 

amendment. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all McDonnell 

Douglas Corporation Model DC–9–11, DC–9– 

12, DC–9–13, DC–9–14, DC–9–15, and DC–9– 

15F airplanes, Model DC–9–31, DC–9–32, 

DC–9–32 (VC–9C), DC–9–32F, DC–9–33F, 

DC–9–34, DC–9–34F, and DC–9–32F (C–9A, 

C–9B) airplanes, DC–9–81 (MD–81) 

airplanes, DC–9–82 (MD–82) airplanes, DC– 

9–83 (MD–83) airplanes, DC–9–87 (MD–87) 

airplanes, MD–88 airplanes, and MD–90–30 

airplanes; certificated in any category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 52: Doors. 

Unsafe Condition 

(e) This AD results from a report indicating 

that the current design of certain equipment 

of the flight deck door is defective. We are 

issuing this AD to prevent the failure of this 

equipment, which could jeopardize flight 

safety. 

Compliance 

(f) Comply with this AD within the 

compliance times specified, unless already 

done. 

Installation 

(g) Within 30 days after the effective date 

of this AD, modify the flight deck door, in 

accordance with TIMCO Service Bulletin 

TSB–88–52–045, Revision E, dated 

November 6, 2008. 

Alternative Methods of Compliance 

(AMOCs) 

(h)(1) The Manager, Atlanta 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: Linda 

Haynes, Aerospace Engineer, COS— 

Certificate Management Branch, ACE–102A, 

FAA, Atlanta Aircraft Certification Office, 

1701 Columbia Avenue, College Park, GA 

30337; telephone 404–474–5525; fax 404– 

474–5606. 

(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 refer to this AD. 

Material Incorporated by Reference 

(i) You must use TIMCO Service Bulletin 

TSB–88–52–045, Revision E, dated 

November 6, 2008, to do the actions required 

by this AD, unless the AD specifies 

otherwise. (The revision date of this 

document is identified only on the title page 

and page I of the document; no other page 

of the document contains this information.) 

(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 TIMCO Aerosystems, 815 

Radar Road, Greensboro, NC 27410–6221; 

telephone 336–668–4410, extension 3063; fax 

336–662–8330; Internet: http:// 

www.timco.aero. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on June 18, 

2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–15656 Filed 6–30–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0995; Directorate 

Identifier 2009–NM–123–AD; Amendment 

39–16336; AD 2010–13–05] 

Airworthiness Directives; Bombardier, 

Inc. Model CL–600–2C10 (Regional Jet 

Series 700 & 701) Airplanes, Model CL– 

600–2D15 (Regional Jet Series 705) 

Airplanes, and Model CL–600–2D24 

(Regional Jet Series 900) Airplanes 

Correction 

In rule document 2010–14979 

beginning on page 35613 in the issue of 

Wednesday, June 23, 2010, make the 

following correction: 

On page 35613, in the second column 

under the ‘‘DATES:’’ heading, in the first 

line, ‘‘June 23, 2010’’ should read ‘‘July 

28, 2010’’. 

[FR Doc. C1–2010–14979 Filed 6–30–10; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0457] 

RIN 1625–AA00 

Safety Zone; Fixed Mooring Balls, 

South of Barbers Pt. Harbor Channel, 

Oahu, HI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: Due to the placement of six 

fixed mooring balls in an area south of 

Barbers Pt. Harbor Channel, the Coast 

Guard is establishing a temporary safety 

zone around the mooring balls. This 

safety zone is needed to protect persons 

and vessels from safety hazards 

associated with navigation in the area of 

the mooring balls. Entry into this zone 

would be prohibited unless specifically 

authorized by the Captain of the Port 

Upper Mississippi River or a designated 

representative. 

DATES: This rule is effective from 6 a.m. 

on July 1, 2010 through 6 p.m. on July 

21, 2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0457 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2010–0457 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, 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 FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail Lieutenant Commander Marcella 

Granquist, Waterways Management 

Division, U.S. Coast Guard Sector 

Honolulu, telephone 808–842–2600, email Marcella.A.Granquist@uscg.mil. If 

you have questions on viewing or 

submitting material to the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

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