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

12464 

Vol. 75, No. 50 

Tuesday, March 16, 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: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Model MD–11 and MD–11F airplanes. 

This proposed AD would require a onetime inspection to detect damage of the 

wire assemblies of the tail tank fuel 

system, a wiring change, and corrective 

actions if necessary. This proposed AD 

results from fuel system reviews 

conducted by the manufacturer. We are 

proposing 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. 

DATES: We must receive comments on 

this proposed AD by April 30, 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, 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 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: 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. 

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 

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 


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Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules 12465 

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 

wire assemblies of the tail tank fuel 

system that are routed together and are 

in close proximity to the upper surface 

of the tail tank are a potential ignition 

source if wire damage occurs. Also, 

during normal maintenance, wire 

damage may be caused when 

maintenance personnel working in the 

tail tank area inadvertently step on the 

wire assemblies. These conditions, if 

not corrected, could result in burnthrough on the upper surface of the tail 

tank, which could result in a fuel tank 

explosion, and consequent loss of the 

airplane. 

Relevant Service Information 

We have reviewed Boeing Alert 

Service Bulletin MD11–28A124, dated 

June 17, 2009. The service bulletin 

describes procedures for doing a general 

visual inspection of the wire assembly 

installation of the tail tank fuel system 

to detect damage of the wire assembly, 

changing the wiring, and doing 

corrective actions. Corrective actions 

include repairing or replacing damaged 

wire assemblies. 

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 110 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 

Number of 

U.S.-registered 

airplanes 

Fleet cost 

Inspection .............. 1 ............................ $85 None ..................... $85 ........................ 110 ........................ $9,350. 

Wiring Change ...... Up to 16 ................ 85 $11,536 ................. Up to $12,896 ....... Up to 110 .............. Up to $1,418,560. 

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. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

McDonnell Douglas Corporation: Docket No. 

FAA–2010–0228; Directorate Identifier 

2009–NM–252–AD. 

Comments Due Date 

(a) We must receive comments by April 30, 

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, dated June 17, 2009. 

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 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) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Action 

(g) 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, dated June 17, 2009. 


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12466 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules 

(1) If no damage is found, before further 

flight do the wiring change, in accordance 

with the Accomplishment Instructions of 

Boeing Alert Service Bulletin MD11–28A124, 

dated June 17, 2009. 

(2) If damage is found, before further flight 

repair or replace the wire assemblies, and do 

the wiring changes, as applicable, in 

accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

MD11–28A124, dated June 17, 2009. 

Alternative Methods of Compliance 

(AMOCs) 

(h)(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. Send information to ATTN: 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. 

(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 March 9, 

2010. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–5667 Filed 3–15–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0260; Directorate 

Identifier 2010–CE–015–AD] 

RIN 2120–AA64 

Airworthiness Directives; GROB– 

WERKE (Type Certificate Previously 

Held by BURKHART GROB Luft- und 

Raumfahrt) Models G115C, G115D and 

G115D2 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (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 results from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: The manufacturer has 

received a report of a failed canopy 

jettison test, during a regular 

maintenance check. The investigation 

revealed that a cable shroud of the 

jettison system protruded the canopy 

structure, which probably caused the 

malfunction. Inability to jettison the 

canopy in flight would prevent 

evacuation of the aeroplane in case of 

need. 

The proposed AD would require 

actions that are intended to address the 

unsafe condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by April 30, 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. 

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: 

Gregory Davison, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 

Locust, Room 301, Kansas City, 

Missouri 64106; telephone: (816) 329– 

4130; fax: (816) 329–4090. 

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–2010–0260; Directorate Identifier 

2010–CE–015–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 European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued AD No. 2009– 

0279, dated December 23, 2009 (referred 

to after this as ‘‘the MCAI’’), to correct 

an unsafe condition for the specified 

products. The MCAI states: 

The manufacturer has received a report of 

a failed canopy jettison test, during a regular 

maintenance check. The investigation 

revealed that a cable shroud of the jettison 

system protruded the canopy structure, 

which probably caused the malfunction. 

Inability to jettison the canopy in flight 

would prevent evacuation of the aeroplane in 

case of need. 

For the reason stated above, this AD 

mandates an additional one time canopy 

jettison test and repair if necessary. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Grob Aircraft AG has issued Service 

Bulletin No. MSB1078–164, dated July 

21, 2009. The actions described in this 

service information are intended to 

correct the unsafe condition identified 

in the MCAI. 

FAA’s Determination and Requirements 

of the Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with this State of 

Design Authority, they have notified us 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all 

information and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Differences Between This Proposed AD 

and the MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 


emcdonald on DSK2BSOYB1PROD with PROPOSALS-1