Federal Register / Vol. 75, No. 195 / Friday, October 8, 2010 / Proposed Rules 62331 

For the Nuclear Regulatory Commission. 

Annette Vietti-Cook, 

Secretary of the Commission. 

[FR Doc. 2010–25397 Filed 10–7–10; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0958; Directorate 

Identifier 2010–NM–188–AD] 

RIN 2120–AA64 

Airworthiness Directives; McDonnell 

Douglas Corporation Model DC–9–14, 

DC–9–15, and DC–9–15F Airplanes; 

and DC–9–20, DC–9–30, DC–9–40, and 

DC–9–50 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 the 

products listed above. This proposed 

AD would require installing new in-line 

fuses for the fuel level float switch and 

new in-line fuses for the pressure 

switch, as applicable, and changing the 

wiring. The proposed actions would 

affect the left and right wing forward 

spars, center wing forward spar, forward 

auxiliary fuel tank, and aft auxiliary fuel 

tank, as applicable. This proposed AD 

was prompted by fuel system reviews 

conducted by the manufacturer. We are 

proposing this AD to prevent 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 November 22, 

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: Deliver to Mail 

address above 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, 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: 

Samuel Lee, Aerospace Engineer, 

Propulsion Branch, ANM–140L, FAA, 

Los Angeles Aircraft Certification 

Office, 3960 Paramount Boulevard, 

Lakewood, California 90712–4137; 

telephone (562) 627–5262; fax (562) 

627–5210, e-mail: Samuel.Lee@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– 

2010–0958; Directorate Identifier 2010– 

NM–188–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 

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. 

An investigation conducted by the 

airplane manufacturer has revealed that 

fuel level float switch wires located on 

the left and right wing forward spars, 

the center tank forward spar, and the 

forward and aft auxiliary fuel tanks, and 

pressure switch wires located on the 


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62332 Federal Register / Vol. 75, No. 195 / Friday, October 8, 2010 / Proposed Rules 

forward and aft auxiliary fuel tanks, are 

routed in the same bundles as power 

wires. If a short circuit between a fuel 

level float or pressure switch wire and 

a power wire occurs, an over-current 

can cause excessive temperature in the 

fuel level float or pressure switch wire, 

resulting in damage, and could become 

a potential ignition source. Adding an 

in-line fuse as a self-contained 

component in each fuel level float and 

pressure switch circuit will minimize 

the possibility of excessive temperatures 

in the fuel level float or pressure switch 

wires. If a short circuit between a fuel 

level float or pressure switch and a 

power wire occurs, the result could be 

a fuel tank explosion and consequent 

loss of the airplane. 

Relevant Service Information 

We reviewed Boeing Service Bulletin 

DC9–28–217, Revision 1, dated August 

12, 2010. The service bulletin describes 

procedures for installing the in-line 

fuses of the fuel level float switch, inline fuses of the pressure switch, and 

changing the wiring, as applicable, on 

the left and right wing forward spars, 

center wing forward spar, forward 

auxiliary fuel tank, and aft auxiliary fuel 

tank, as applicable. The service bulletin 

also describes procedures for changing 

certain wiring. 

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 require 

accomplishing the actions specified in 

the service information described 

previously. 

Costs of Compliance 

We estimate that this proposed AD 

will affect 275 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 

Installation ................................. Up to 17 work-hours × 

$85 per hour = Up to 

$1,445 1.

Between $289 and 

$1,449 1.

Between $1,734 and 

$2,894 1.

Between $476,850 and 

$795,850 1. 

1 Depending on airplane group identified in Boeing Service Bulletin DC9–28–217, Revision 1, dated August 12, 2010. 

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), 

(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–2010–0958; Directorate Identifier 

2010–NM–188–AD. 

Comments Due Date 

(a) We must receive comments by 

November 22, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to McDonnell Douglas 

Corporation Model DC–9–14, DC–9–15, DC– 

9–15F, DC–9–21, DC–9–31, DC–9–32, DC–9– 

32 (VC–9C), DC–9–32F, DC–9–32F (C–9A), 

DC–9–32F (C9–B), DC–9–33F, DC–9–34, DC– 

9–34F, DC–9–41, and DC–9–51 airplanes, 

certificated in any category; as identified in 

Boeing Service Bulletin DC9–28–217, 

Revision 1, dated August 12, 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 prevent 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. 

Compliance 

(f) Comply with this AD within the 

compliance times specified, unless already 

done. 

Installation 

(g) Within 60 months after the effective 

date of this AD: Install new in-line fuses for 

the fuel level float switch and new in-line 

fuses for the pressure switch, as applicable; 

and change the wiring; on the left and right 

wing forward spars, center wing forward 


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Federal Register / Vol. 75, No. 195 / Friday, October 8, 2010 / Proposed Rules 62333 

spar, forward auxiliary fuel tank, and aft 

auxiliary fuel tank, as applicable; in 

accordance with the Accomplishment 

Instructions of Boeing Service Bulletin DC9– 

28–217, Revision 1, dated August 12, 2010. 

Credit for Actions Accomplished in 

Accordance With Previous Service 

Information 

(h) Actions done before the effective date 

of this AD in accordance with Boeing Service 

Bulletin DC9–28–217, dated December 1, 

2009, are acceptable for compliance with the 

requirements of paragraph (g) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(i)(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 

(j) For more information about this AD, 

contact Samuel Lee, Aerospace Engineer, 

Propulsion Branch, ANM–140L, FAA, Los 

Angeles ACO, 3960 Paramount Boulevard, 

Lakewood, California 90712–4137; phone: 

(562) 627–5262; fax: (562) 627–5210; e-mail: 

Samuel.Lee@faa.gov. 

(k) 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, 

the FAA, 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 October 

1, 2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–25374 Filed 10–7–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0113; Directorate 

Identifier 2008–NE–25–AD] 

RIN 2120–AA64 

Airworthiness Directives; Hamilton 

Sundstrand Propellers Model 247F 

Propellers 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Supplemental notice of 

proposed rulemaking (NPRM); 

reopening of comment period. 

SUMMARY: This supplemental NPRM 

revises an earlier proposed 

airworthiness directive (AD) applicable 

to Hamilton Sundstrand Propellers 

model 247F propeller assemblies with 

certain part number (P/N) and serial 

number (S/N) blades. That proposed AD 

would require removing affected 

propeller blades from service. That 

proposed AD resulted from reports of 

blades with corrosion pits in the tulip 

area of the blades. This supplemental 

NPRM revises the proposed AD to 

remove certain propeller S/Ns from the 

applicability requirement, and to add 

additional propeller S/Ns to the 

applicability requirement. This 

proposed AD results from the 

manufacture’s latest service information 

containing propeller S/Ns that were not 

specified in the proposed AD. We are 

proposing this AD to prevent cracks 

from developing in the tulip area of the 

blade, which could result in separation 

of the blade and possible loss of 

airplane control. 

DATES: We must receive any comments 

on this proposed AD by December 7, 

2010. 

ADDRESSES: You can get the service 

information identified in this AD from 

Hamilton Sundstrand Propeller 

Technical Team, One Hamilton Road, 

Mail Stop 1–3–AB43, Windsor Locks, 

CT 06096–1010; fax (860) 654–5107. 

The Docket Operations office is 

located at Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

FOR FURTHER INFORMATION CONTACT: 

Michael Schwetz, Aerospace Engineer, 

Boston Aircraft Certification Office, 

FAA, Engine and Propeller Directorate, 

12 New England Executive Park, 

Burlington, MA 01803; e-mail: 

michael.schwetz@faa.gov; telephone 

(781) 238–7761; fax (781) 238–7170. 

SUPPLEMENTARY INFORMATION: The FAA 

proposed to amend 14 CFR part 39 with 

a proposed AD. The proposed AD 

applies to Hamilton Sundstrand 

Propellers model 247F propeller 

assemblies with certain P/N and S/N 

blades. We published the proposed AD 

in the Federal Register on February 20, 

2009 (74 FR 7833). That action proposed 

to require removing affected propeller 

blades from service. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send us any written 

relevant data, views, or arguments 

regarding this proposal. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA– 

2009–0113; Directorate Identifier 2008– 

NE–25–AD’’ in the subject line of your 

comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the proposed AD. We will 

consider all comments received by the 

closing date and may amend the 

proposed AD in light 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 with FAA 

personnel concerning this proposed AD. 

Using the search function of the Web 

site, anyone can find and read the 

comments in any of our dockets, 

including, if provided, the name of the 

individual who sent the comment (or 

signed the comment on behalf of an 

association, business, labor union, etc.). 

You may review the DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19477–78). 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office 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 Operations 

office (telephone (800) 647–5527) is the 

same as the Mail address provided in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

Discussion 

On February 11, 2009, we proposed to 

amend 14 CFR part 39 with a proposed 

AD. The proposed AD applies to 


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