Federal Register / Vol. 76, No. 219 / Monday, November 14, 2011 / Proposed Rules 70377 

by the Energy Policy Conservation Act 

(EPCA) of 1975, as amended, 42 U.S.C. 

6313(a)(6)(C) and 6317(a). 

Tentative Agenda: The MV Group 

will meet at 9 a.m. and will conclude at 

5 p.m. on Wednesday, November 30, 

2011, and reconvene from 9 a.m. 

through 12 p.m. on Thursday, December 

1, 2011. The LV Group will meet from 

1 p.m. through 5 p.m. on Thursday, 

December 1, 2011, and reconvene from 

9 a.m. through 5 p.m. on Friday, 

December 2, 2011. The tentative agenda 

for the meetings includes continued 

discussion regarding the analyses of 

alternate standard levels and negotiation 

efforts to address the perceived issues. 

Public Participation: Members of the 

public are welcome to observe the 

business of the meetings and to make 

comments related to the issues being 

discussed at appropriate points, when 

called on by the moderator. The 

facilitator will make every effort to hear 

the views of all interested parties within 

limits required for the orderly conduct 

of business. To attend the meeting and/ 

or to make oral statements regarding any 

of the items on the agenda, email: 

erac@ee.doe.gov. Please include ‘‘MV 

and LV Work Group 113011’’ in the 

subject line of the message. Please be 

sure to specify which working group 

discussion you will be attending. In the 

email, please provide your name, 

organization, citizenship and contact 

information. Space is limited. 

Participation in the meeting is not a 

prerequisite for submission of written 

comments. ERAC invites written 

comments from all interested parties. If 

you would like to file a written 

statement with the committee, you may 

do so either by submitting a hard or 

electronic copy before or after the 

meeting. Electronic copy of written 

statements should be emailed to: 

erac@ee.doe.gov. 

Minutes: The minutes of the meeting 

will be available for public review at: 

http://www.erac.energy.gov. 

Issued in Washington, DC on November 3, 

2011. 

LaTanya R. Butler, 

Acting Deputy Committee Management 

Officer. 

[FR Doc. 2011–29139 Filed 11–10–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–1229; Directorate 

Identifier 2011–NM–132–AD] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

The Boeing Company Model DC–9–10, 

DC–9–20, 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), MD–88, 

and MD–90–30 airplanes, that are 

equipped with auxiliary fuel tanks. This 

proposed AD was prompted by fuel 

system reviews conducted by the 

manufacturer. This proposed AD would 

require adding design features to detect 

electrical faults, to detect a pump 

running in an empty fuel tank, and to 

ensure that a fuel pump’s operation is 

not affected by certain conditions. We 

are proposing this AD 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. 

DATES: We must receive comments on 

this proposed AD by December 29, 

2011. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, 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: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at 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 

(ACO), 3960 Paramount Boulevard, 

Lakewood, California 90712–4137; 

phone: (562) 627–5254; fax: (562) 627– 

5210; email: serj.harutunian@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposal. Send your comments to 

an address listed under the ADDRESSES

section. Include ‘‘Docket No. FAA– 

2011–1229; Directorate Identifier 2011– 

NM–132–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 


jlentini on DSK4TPTVN1PROD with PROPOSALS
70378 Federal Register / Vol. 76, No. 219 / Monday, November 14, 2011 / Proposed Rules 

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 proposed 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. 

A fuel pump may cause an ignition 

source in a fuel tank when it has 

internal electrical faults, or when the 

pump overheats due to prolonged dry 

running in an empty fuel tank. Electrical 

faults inside fuel pumps may cause 

arcing and burn through the pump 

housing. Electrical arcs entering an 

empty fuel tank may cause the fuel 

vapors to ignite. If a pump is not shut 

off in a timely manner when the tank is 

emptied, the dry-running pump may 

cause excessive heat and become an 

ignition source inside the tank. 

FAA’s Findings 

During the SFAR 88 safety 

assessment, it was determined that each 

electrically powered fuel pump 

installed in the center wing tank and/or 

auxiliary fuel tank must have a 

protective device installed to detect 

electrical faults, which can cause arcing 

and burn-through of the fuel pump 

housing. That same device must shut off 

the pump by automatically removing 

electrical power from the pump when 

such faults are detected. It was also 

determined that design features must be 

added to detect when a center wing tank 

or auxiliary tank is emptied such that 

each pump is manually or automatically 

shut off within 60 seconds after it is 

emptied. The design features must also 

preclude undetected running of a fuel 

pump in an empty tank, after the pump 

was commanded off manually or 

automatically. The design features must 

also ensure that a fuel pump cannot be 

shut off due to system failures sooner 

than a specified length of time. 

FAA’s Determination 

We are proposing 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 same 

type design. 

Proposed AD Requirements 

This proposed AD would prohibit 

operation of an affected airplane as of 60 

months after the effective date of the 

AD, unless an amended type certificate 

or supplemental type certificate that 

incorporates the following design 

features and requirements has been 

approved by the FAA, and those design 

features are installed on the airplane. 

• A protective device for each 

electrically powered fuel pump that will 

detect electrical faults and shut off the 

pump automatically when such faults 

are detected 

• Additional design features to detect 

any center wing tank or auxiliary fuel 

tank pump running in an empty fuel 

tank and to shut off each pump within 

a specified time 

• Means to ensure that a fuel pump 

cannot be shut off due to system failures 

sooner than a specified length of time. 

This proposed AD would also 

prohibit operation of any airplane 

affected by this AD unless the FAAapproved design features specified in 

the certification plans are installed 

within a specified time. 

Costs of Compliance 

We estimate that this proposed AD 

affects 1,288 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 

Installing design features—for airplanes with center wing 

and auxiliary tanks (600 airplanes).

50 work-hours × $85 per hour 

= $4,250.

$35,000 $39,250 $23,550,000 

Installing design features—for airplanes with center wing 

tank (688 airplanes).

35 work-hours × $85 per hour 

= $2,975.

17,000 19,975 13,742,800 

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 


jlentini on DSK4TPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 219 / Monday, November 14, 2011 / Proposed Rules 70379 

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): 

The Boeing Company: Docket No. FAA– 

2011–1229; Directorate Identifier 2011– 

NM–132–AD. 

(a) Comments Due Date 

We must receive comments by December 

29, 2011. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to The Boeing Company 

airplanes, certificated in any category, as 

identified in paragraphs (c)(1) through (c)(8) 

of this AD, and equipped with auxiliary fuel 

tanks. 

(1) Model DC–9–11, DC–9–12, DC–9–13, 

DC–9–14, DC–9–15, and DC–9–15F airplanes. 

(2) Model DC–9–21 airplanes. 

(3) 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. 

(4) Model DC–9–41 airplanes. 

(5) Model DC–9–51 airplanes. 

(6) Model DC–9–81 (MD–81), DC–9–82 

(MD–82), DC–9–83 (MD–83), and DC–9–87 

(MD–87) airplanes. 

(7) Model MD–88 airplanes. 

(8) Model MD–90–30 airplanes. 

(d) Subject 

Joint Aircraft System Component (JASC)/ 

Air Transport Association (ATA) of America 

Code 28: Fuel. 

(e) Unsafe Condition 

This AD was prompted by fuel system 

reviews conducted by the manufacturer. We 

are issuing this AD 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. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Criteria for Operation 

As of 60 months after the effective date of 

this AD, no person may operate any airplane 

affected by this AD unless an amended type 

certificate or supplemental type certificate 

that incorporates the design features and 

requirements described in paragraphs (g)(1), 

(g)(2), and (g)(3) of this AD has been 

approved by the Manager, Los Angeles 

Aircraft Certification Office (ACO), FAA, and 

those design features are installed on the 

airplane. 

(1) Each electrically powered fuel pump 

installed in the center wing tank or auxiliary 

fuel tank must have a protective device 

installed to detect electrical faults that can 

cause arcing and burn through the fuel pump 

housing. The same device must shut off the 

pump by automatically removing electrical 

power from the pump when such faults are 

detected. When a fuel pump is shut off as the 

result of detection of an electrical fault, the 

device must stay latched off until the fault is 

cleared through maintenance action and 

verified that the pump and the electrical 

power feed is safe for operation. 

(2) Additional design features must be 

installed to detect when any center wing tank 

or auxiliary fuel tank pump is running in an 

empty fuel tank. The prospective pump 

shutoff system must shut off each pump no 

later than 60 seconds after the fuel tank is 

emptied. The pump shutoff system design 

must preclude undetected running of a fuel 

pump in an empty tank, after the pump was 

commanded off manually or automatically. 

(3) The implementation of the design 

features defined in paragraphs (g)(1) and 

(g)(2) of this AD must ensure that a fuel 

pump cannot be shut off due to system 

failures including nuisance shutoffs sooner 

than 100,000 hours’ mean time between 

failures (MTBF). 

Note 1: After accomplishing the 

installation specified in paragraph (g) of this 

AD, maintenance and/or preventative 

maintenance under 14 CFR part 43 is 

permitted provided the maintenance does not 

result in changing the AD-mandated 

configuration (reference 14 CFR 39.7). 

(h) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Los Angeles 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 appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(i) Related Information 

For more information about this AD, 

contact Serj Harutunian, Aerospace Engineer, 

Propulsion Branch, ANM–140L, FAA, Los 

Angeles ACO, 3960 Paramount Boulevard, 

Lakewood, California 90712–4137; phone: 

(562) 627–5254; fax: (562) 627–5210; email: 

serj.harutunian@faa.gov. 

Issued in Renton, Washington, on October 

28, 2011. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–29303 Filed 11–10–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–1245; Directorate 

Identifier 2011–CE–033–AD; RIN 2120– 

AA64] 

Airworthiness Directives; Cessna 

Aircraft Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to supersede an 

existing airworthiness directive (AD) 

that applies to certain Cessna Aircraft 

Company (Cessna) Models 172R and 

172S airplanes. The existing AD 

requires you to inspect the fuel return 

line assembly for chafing; replace the 

fuel return line assembly if chafing is 

found; and inspect the clearance 

between the fuel return line assembly 

and both the right steering tube 

assembly and the airplane structure, 

adjusting as necessary. Since we issued 

that AD, we have received a field report 

of a fuel return line chafing incident on 

a Cessna Model 172 airplane with a 

serial number (S/N) that was not 

included in the AD. This proposed AD 

would retain the actions of the current 

AD and add S/Ns to the Applicability 

section of the AD. Chafing of the fuel 

return line assembly could lead to fire. 

We are proposing this AD to correct the 

unsafe condition on these products. 

DATES: We must receive comments on 

this proposed AD by December 29, 

2011. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, 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. 


jlentini on DSK4TPTVN1PROD with PROPOSALS