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

70150 

Vol. 75, No. 221 

Wednesday, November 17, 2010 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0228; Directorate 

Identifier 2009–NM–252–AD] 

RIN 2120–AA64 

Airworthiness Directives; McDonnell 

Douglas Corporation Model MD–11 and 

MD–11F Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Supplemental notice of 

proposed rulemaking (NPRM); 

reopening of comment period. 

SUMMARY: We are revising an earlier 

proposed airworthiness directive (AD) 

for the products listed above. That 

NPRM proposed a one-time inspection 

to detect damage of the wire assemblies 

of the tail tank fuel system, a wiring 

change, and corrective actions if 

necessary. That NPRM was prompted by 

fuel system reviews conducted by the 

manufacturer. This action revises that 

NPRM by adding, for certain airplanes, 

a general visual inspection for correct 

installation of the self-adhering, hightemperature electrical insulation tape; 

installation of a wire assembly support 

bracket and routing wire assembly; 

changing wire supports; and installation 

of a wire protection bracket. We are 

proposing this supplemental NPRM to 

detect and correct a potential of ignition 

sources inside fuel tanks, which, in 

combination with flammable vapors, 

could result in a fuel tank fire or 

explosion, and consequent loss of the 

airplane. 

DATES: We must receive comments on 

this supplemental NPRM by December 

13, 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 Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, 3855 Lakewood 

Boulevard, MC D800–0019, Long Beach, 

California 90846–0001; telephone 206– 

544–5000, extension 2; fax 206–766– 

5683; e-mail dse.boecom@boeing.com; 

Internet https:// 

www.myboeingfleet.com. You may 

review copies of the referenced service 

information at the FAA, Transport 

Airplane Directorate, 1601 Lind 

Avenue, SW., Renton, Washington. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at 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 

(phone: 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; e-mail: 

Serj.Harutunian@faa.gov. 

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–2010–0228; Directorate Identifier 

2009–NM–252–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 

We issued an NPRM to amend 14 CFR 

part 39 to include an airworthiness 

directive (AD) that would apply to 

certain McDonnell Douglas Corporation 

Model MD–11 and MD–11F airplanes. 

That NPRM was published in the 

Federal Register on March 16, 2010 (75 

FR 12464). That NPRM proposed to 

require a one-time inspection to detect 

damage of the wire assemblies of the tail 

tank fuel system, a wiring change, and 

corrective actions if necessary. 

Comments 

We gave the public the opportunity to 

comment on the previous NPRM. The 

following presents the comments 

received on the NPRM and the FAA’s 

response to each comment. 

Request To Incorporate Revised Service 

Bulletin 

Boeing requested that we modify the 

original NPRM to reference Boeing Alert 

Service Bulletin MD11–28A124, 

Revision 1, dated August 24, 2010, 

which clarifies work instructions and 

screw length requirements. 

We agree. We have revised paragraphs 

(c), (g), and (h) of this supplemental 

NPRM to refer to Boeing Alert Service 

Bulletin MD11–28A124, Revision 1, 

dated August 24, 2010. The revised 

service bulletin adds a general visual 

inspection of the self-adhering hightemperature electrical insulation tape 

for correct installation, and changes 

wire supports, on airplanes on which 

the actions specified in Boeing Alert 

Service Bulletin MD11–28A124, dated 

June 17, 2009, have been accomplished. 


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Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Proposed Rules 70151 

Request To Incorporate Information 

Notice 

FedEx requested that Boeing Service 

Bulletin Information Notice (IN) MD11– 

28A124 IN 01, dated October 1, 2009, be 

referenced in the original NPRM as an 

approved deviation from Boeing Alert 

Service Bulletin MD11–28A124, dated 

June 17, 2009. FedEx stated that, as the 

original NPRM is written, the 

compliance requirements will prevent 

FedEx from complying with the original 

NPRM unless an alternative method of 

compliance (AMOC) is granted. 

We partially agree. Since the issuance 

of the original NPRM, Boeing has issued 

Alert Service Bulletin MD11–28A124, 

Revision 1, dated August 24, 2010, to 

incorporate the changes outlined in 

Boeing Service Bulletin IN MD11– 

28A124 IN 01, dated October 1, 2009. 

The revised service bulletin clarifies 

work instructions and screw length 

requirements. As stated previously, we 

have changed paragraphs (c), (g), and (h) 

of this supplemental NPRM to refer to 

Boeing Alert Service Bulletin MD11– 

28A124, Revision 1, dated August 24, 

2010. 

Request To Change Wording in 

Paragraphs (g)(1) and (g)(2) 

Boeing requested that the wording in 

paragraphs (g)(1) and (g)(2) of the 

original NPRM be changed to include 

the installation of hardware. Boeing 

stated that the original NPRM implies 

that only wiring changes would be 

required; installation of brackets and 

supporting hardware, however, are 

required in addition to the wiring 

changes. 

We agree. The installation of brackets 

and supporting hardware is required in 

addition to the wiring changes. We have 

revised paragraphs (g)(1) and (g)(2) of 

this supplemental NPRM to include the 

installation of a wire assembly support 

bracket, routing wire assembly, and a 

wire protection bracket. 

Additional Changes 

We have revised the Estimated Costs 

table to include the cost of the new 

inspection and wire support change 

required in paragraphs (h) and (i) of this 

supplemental NPRM, as well as to 

specify the on-condition costs that 

might be incurred. 

FAA’s Determination 

We are proposing this supplemental 

NPRM because we evaluated all the 

relevant information and determined 

the unsafe condition described 

previously is likely to exist or develop 

in other products of these same type 

designs. Certain changes described 

above expand the scope of the original 

NPRM. As a result, we have determined 

that it is necessary to reopen the 

comment period to provide additional 

opportunity for the public to comment 

on this supplemental NPRM. 

Proposed Requirements of the 

Supplemental NPRM 

This supplemental NPRM would 

require accomplishing the actions 

specified in the service information 

described previously. 

Costs of Compliance 

We estimate that this proposed AD 

will affect 110 airplanes of U.S. registry. 

We estimate the following costs to 

comply with this proposed AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Inspection of tail tank fuel system wire assembly.1 work-hour × $85 per hour = $85 ................... $0 $85 $9,350. 

Inspection of electrical insulation tape .............. 1 work-hour × $85 per hour = $85 ................... 0 85 $9,350. 

Change wire supports ....................................... 3 work-hours × $85 per hour = $255 ............... 9 264 Up to $29,040. 

We estimate the following costs to do 

any necessary installations and repairs 

that would be required based on the 

results of the proposed inspection. We 

have no way of determining the number 

of aircraft that might need these 

installations and repairs. 

ON-CONDITION COSTS

Action Labor cost Parts cost Cost per product 

Installation/repair ........................................................... Up to 23 work-hours × $85 per hour = $1,955 ............ $11,829 Up to $13,784. 

Adjust tape installation .................................................. 1 × $85 per hour = $85 ................................................ 0 $85. 

According to the manufacturer, some 

of the costs of this proposed AD may be 

covered under warranty, thereby 

reducing the cost impact on affected 

individuals. We do not control warranty 

coverage for affected individuals. As a 

result, we have included all costs in our 

cost estimate. 

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: 


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70152 Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Proposed Rules 

(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), 

(3) Will not affect intrastate aviation 

in Alaska, and 

(4) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

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. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

McDonnell Douglas Corporation: Docket No. 

FAA–2010–0228; Directorate Identifier 

2009–NM–252–AD. 

Comments Due Date 

(a) We must receive comments by 

December 13, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to McDonnell Douglas 

Corporation Model MD–11 and MD–11F 

airplanes, certificated in any category, as 

identified in Boeing Alert Service Bulletin 

MD11–28A124, Revision 1, dated August 24, 

2010. 

Subject 

(d) Joint Aircraft System Component 

(JASC)/Air Transport Association (ATA) of 

America Code 28: Fuel. 

Unsafe Condition 

(e) This AD was prompted by fuel system 

reviews conducted by the manufacturer. We 

are issuing this AD to detect and correct a 

potential of ignition sources inside fuel 

tanks, which, in combination with flammable 

vapors, could result in a fuel tank fire or 

explosion, and consequent loss of the 

airplane. 

Compliance 

(f) Comply with this AD within the 

compliance times specified, unless already 

done. 

Action 

(g) For airplanes in Group 1, Configuration 

1; and Group 2, Configuration 1: Within 60 

months after the effective date of this AD, 

perform a general visual inspection to detect 

damage of wire assemblies of the tail tank 

fuel system, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin MD11–28A124, Revision 1, 

dated August 24, 2010. 

(1) For airplanes in Group 1, Configuration 

1: If no damage is found, before further flight, 

apply self-adhering high-temperature 

electrical insulation tape on the wire 

assemblies, install wire assembly support 

brackets, route wire assemblies, install 

extruded channel wire supports, and install 

a wire protection bracket, in accordance with 

the Accomplishment Instructions of Boeing 

Alert Service Bulletin MD11–28A124, 

Revision 1, dated August 24, 2010. 

(2) For airplanes in Group 1, Configuration 

1: If damage is found, before further flight, 

repair or replace the wire assemblies, apply 

self-adhering high-temperature electrical 

insulation tape on the wire assemblies, 

install wire assembly support brackets, route 

wire assemblies, install extruded channel 

wire supports, and install a wire protection 

bracket, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin MD11–28A124, Revision 1, 

dated August 24, 2010. 

(3) For airplanes in Group 2, Configuration 

1: If no damage is found, before further flight, 

install wire assembly support brackets, route 

wire assemblies, install extruded channel 

wire supports, and install a wire protection 

bracket, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin MD11–28A124, Revision 1, 

dated August 24, 2010. 

(4) For airplanes in Group 2, Configuration 

1: If damage is found, before further flight, 

repair or replace wire assembly, install wire 

assembly support brackets, route wire 

assemblies, install extruded channel wire 

supports, and install a wire protection 

bracket, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin MD11–28A124, Revision 1, 

dated August 24, 2010. 

(h) For airplanes in Group 1, Configuration 

2: Within 60 months after the effective date 

of this AD, do a general visual inspection for 

correct installation of the self-adhering hightemperature electrical insulation tape, and 

change the wire supports, in accordance with 

the Accomplishment Instructions of Boeing 

Alert Service Bulletin MD11–28A124, 

Revision 1, dated August 24, 2010. If the selfadhering high-temperature electrical 

insulation tape is installed incorrectly, before 

further flight, adjust the tape installation to 

achieve the correct dimensions, in 

accordance with Figure 1 of Boeing Alert 

Service Bulletin MD11–28A124, Revision 1, 

dated August 24, 2010. 

(i) For airplanes in Group 2, Configuration 

2: Within 60 months after the effective date 

of this AD, change the wire supports, in 

accordance with Figure 2 of Boeing Alert 

Service Bulletin MD11–28A124, Revision 1, 

dated August 24, 2010. 

Alternative Methods of Compliance 

(AMOCs) 

(j)(1) The Manager, Los Angeles Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the ACO, send it to the 

attention of the person identified in the 

Related Information section of this AD. 

(2) Before using any approved AMOC, 

notify your Principal Maintenance Inspector 

or Principal Avionics Inspector, as 

appropriate, or lacking a principal inspector, 

your local Flight Standards District Office. 

Related Information 

(k) For more information about this AD, 

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; e-mail: 

Serj.Harutunian@faa.gov. 

(l) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, 3855 Lakewood Boulevard, MC 

D800–0019, Long Beach, California 90846– 

0001; telephone 206–544–5000, extension 2; 

fax 206–766–5683; e-mail 

dse.boecom@boeing.com; Internet https:// 

www.myboeingfleet.com. You may review 

copies of the referenced service information 

at the FAA, Transport Airplane Directorate, 

1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

Issued in Renton, Washington, on 

November 5, 2010. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–28937 Filed 11–16–10; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 1 

RIN 3038–AC96 

Implementation of Conflicts of Interest 

Policies and Procedures by Futures 

Commission Merchants and 

Introducing Brokers 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Commodity Futures 

Trading Commission (Commission or 

CFTC) is proposing rules to implement 

new statutory provisions enacted by 

Title VII of the Dodd-Frank Wall Street 


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