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

45133 

Vol. 74, No. 168 

Tuesday, September 1, 2009 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1119 

Civil Penalty Factors; Withdrawal of 

Proposed Rule 

Correction 

In proposed rule document E9–20590 

beginning on page 43085 in the issue of 

Wednesday, August 26, 2009 make the 

following correction: 

On page 43085, in the first column, 

the last paragraph should read ‘‘In a 

forthcoming issue of the Federal 

Register, the Commission is issuing a 

new interim final rule to interpret the 

penalty factors pursuant to section 217 

of the CPSIA.’’ 

[FR Doc. Z9–20590 Filed 8–31–09; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 23 

[Docket No. CE299; Notice No. 23–09–03– 

SC] 

Special Conditions: Cessna Aircraft 

Company, Model 525C; High Fuel 

Temperature 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed special 

conditions. 

SUMMARY: This notice proposes special 

conditions for the Cessna Aircraft 

Company, Model 525C airplane. This 

airplane will have a novel or unusual 

design feature(s) associated with high 

fuel temperature. The applicable 

airworthiness regulations do not contain 

adequate or appropriate safety standards 

for this design feature. These proposed 

special conditions contain the 

additional safety standards that the 

Administrator considers necessary to 

establish a level of safety equivalent to 

that established by the existing 

airworthiness standards. 

DATES: Comments must be received on 

or before October 1, 2009. 

ADDRESSES: Comments on this proposal 

may be mailed in duplicate to: Federal 

Aviation Administration, Regional 

Counsel, ACE–7, Attention: Rules 

Docket, Docket No. CE299, 901 Locust, 

Room 506, Kansas City, Missouri 64106, 

or delivered in duplicate to the Regional 

Counsel at the above address. 

Comments must be marked: CE299. 

Comments may be inspected in the 

Rules Docket weekdays, except Federal 

holidays, between 7:30 a.m. and 4 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Peter L. Rouse, Federal Aviation 

Administration, Aircraft Certification 

Service, Small Airplane Directorate, 

ACE–111, 901 Locust, Kansas City, 

Missouri, 816–329–4135, fax 816–329– 

4090. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested persons are invited to 

participate in the making of these 

proposed special conditions by 

submitting such written data, views, or 

arguments as they may desire. 

Communications should identify the 

regulatory docket or notice number and 

be submitted in duplicate to the address 

specified above. All communications 

received on or before the closing date 

for comments will be considered by the 

Administrator. The proposals described 

in this notice may be changed in light 

of the comments received. All 

comments received will be available in 

the Rules Docket for examination by 

interested persons, both before and after 

the closing date for comments. A report 

summarizing each substantive public 

contact with FAA personnel concerning 

this rulemaking will be filed in the 

docket. Persons wishing the FAA to 

acknowledge receipt of their comments 

submitted in response to this notice 

must include with those comments a 

self-addressed, stamped postcard on 

which the following statement is made: 

‘‘Comments to CE299.’’ The postcard 

will be date stamped and returned to the 

commenter. 

Background 

On August 9, 2006, Cessna Aircraft 

Company applied for an amendment to 

Type Certificate Number A1WI to 

include the new model 525C (CJ4). The 

model 525C (CJ4), which is a derivative 

of the model 525B (CJ3) currently 

approved under Type Certificate 

Number A1WI, is a commuter category, 

low-winged monoplane with ‘‘T’’ tailed 

vertical and horizontal stabilizers, 

retractable tricycle type landing gear 

and twin turbofan engines mounted on 

the aircraft fuselage. The maximum 

takeoff weight is 16,950 pounds, the 

VMO/MMO is 305 KIAS/M 0.77 and 

maximum altitude is 45,000 feet. 

The Cessna Model 525C (CJ4) fuel 

tank system is similar to other Cessna 

Model 525 designs which use the 

Williams FJ44 series of engine. The fuel 

tank system is configured to reject 

engine heat through the airplane fuel 

tank system by using an engine oil/fuel 

heat exchanger. Certified as part of the 

engine, the engine oil/fuel heat 

exchanger cools the oil and heats the 

fuel. Over time the engine 

manufacturers have optimized the 

design, size, placement, and space 

management of the oil/fuel heat 

exchanger such that today’s engines 

now reject more heat back into the 

airplane fuel tank system than has 

existed in the past. As can be seen by 

the chart below we are now exposing 

the fuel tank system and airplane to 

temperatures above the critical 

temperature test requirements of 

§§ 23.961 and 23.965(d), which has been 

the FAA standard for fuel system hot 

weather operations and fuel tank test 

and evaluation since 1951. 

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45134 Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Proposed Rules 

Aircraft model Engine model Motive flow 

(°F) 

Fuel tank 

(°F) 

Fuel pump 

inlet 

(°F) 

IM max. fuel 

pump inlet 

temp. 

(sea level) 

(°F) 

525, CJ1+ .......................................... FJ44–1AP ......................................... 205 115 165 255 

525A, CJ2 ......................................... FJ44–2C ........................................... 230 140 188 200 

525B, CJ3 ......................................... FJ44–3A ........................................... 202 117 155 200 

14 CFR part 23 certification 

experience to date has shown that fuel 

system hot weather certification testing 

with 110 °F fuel temperatures is 

adequate for fuel system operations for 

fuel tank temperatures characterized by 

ambient air temperatures including 

cooling as a result of the atmospheric 

temperature lapse rate. Heating of the 

fuel that increases the airplane fuel tank 

system operational temperatures 

introduces a number of fuel tank system 

and airplane concerns. Each must be 

shown to be acceptable. Compliance by 

design (i.e. lack of ability to shutoff the 

engine motive flow) may be utilized 

although associated type certificate data 

sheet information may also be necessary 

to assure future system changes are 

compliant. The following are those 

concerns: 

• Evaluation of engine, fuel tank 

system and airplane performance and 

engine compatibility with elevated fuel 

tank system temperatures. 

[§§ 23.901(e)(1) and (e)(2), 23.939(a), 

and 23.951(a)] 

• Evaluation of fuel tank system and 

airplane performance due to fuel 

degradation and resultant byproducts at 

elevated fuel tank system temperatures. 

[§§ 23.961, 23.939(a), 23.993(e), 23.1301, 

and 23.1529)] 

• Evaluation of fuel tank system and 

airplane performance and engine 

compatibility due to the higher vapor/ 

liquid ratios with elevated fuel tank 

system temperatures. [§§ 23.903(f), 

23.951(a), 23.955(a) and (f), 23.961, and 

23.1301] 

• Evaluation of fuel tank system and 

airplane performance and engine 

compatibility due to the solubility of 

water and potential for greater microbial 

growth with elevated fuel tank system 

temperatures. [§§ 23.951(c) and 23.971] 

• Evaluation of fuel tank system and 

airplane performance due to elevated 

fuel tank system material temperatures 

and surrounding structure 

compatibility. [§§ 23.613(c), 23.963(a), 

23.965(d), and 23.993(e)] 

• Evaluation of fuel tank system 

component qualification as a result of 

elevated fuel tank system temperatures. 

[§§ 23.1301 and 23.1309] 

• Evaluation of service/maintenance 

instructions, activities and personnel 

due to elevated fuel tank system 

temperatures. [§ 23.1529] 

Type Certification Basis 

Under the provisions of § 21.101, 

Cessna Aircraft Company must show 

that the model 525C meets the 

applicable provisions of the regulations 

incorporated by reference in Type 

Certificate Number A1WI or the 

applicable regulations in effect on the 

date of application for the change to the 

model 525C. The regulations 

incorporated by reference in the type 

certificate are commonly referred to as 

the ‘‘original type certification basis.’’ In 

addition, the certification basis includes 

exemptions, if any; equivalent level of 

safety findings, if any; and the special 

condition adopted by this rulemaking 

action. 

If the Administrator finds that the 

applicable airworthiness regulations in 

14 CFR part 23 do not contain adequate 

or appropriate safety standards for the 

model 525C because of a novel or 

unusual design feature, special 

conditions are prescribed under the 

provisions of § 21.16. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the model 525C must 

comply with the fuel vent and exhaust 

emission requirements of 14 CFR part 

34 and the noise certification 

requirements of 14 CFR part 36. 

Special conditions, as appropriate, as 

defined in § 11.19, are issued in 

accordance with § 11.38, and become 

part of the type certification basis in 

accordance with § 21.101(b)(2). 

Special conditions are initially 

applicable to the model for which they 

are issued. Should the type certificate 

for that model be amended later to 

include any other model that 

incorporates the same novel or unusual 

design feature, or should any other 

model already included on the same 

type certificate be modified to 

incorporate the same novel or unusual 

design feature, the special conditions 

would also apply to the other model 

under the provisions of § 21.101. 

Novel or Unusual Design Features 

The model 525C will incorporate the 

following novel or unusual design 

features: 

High Fuel Temperatures. 

Applicability 

As discussed above, these special 

conditions are applicable to the Model 

525C. Should Cessna Aircraft Company 

apply at a later date for a change to the 

type certificate to include another 

model incorporating the same novel or 

unusual design feature, the special 

conditions would apply to that model as 

well under the provisions of § 21.101. 

Conclusion 

This action affects only certain novel 

or unusual design features on one 

model, model 525C, of airplanes. It is 

not a rule of general applicability, and 

it affects only the applicant who applied 

to the FAA for approval of these features 

on the airplane. 

List of Subjects in 14 CFR Part 23 

Aircraft, Aviation safety, Signs and 

symbols. 

Citation 

The authority citation for these 

special conditions is as follows: 

Authority: 49 U.S.C. 106(g), 40113 and 

44701; 14 CFR 21.16 and 21.101; and 14 CFR 

11.38 and 11.19. 

The Proposed Special Conditions 

Accordingly, the Federal Aviation 

Administration (FAA) proposes the 

following special conditions as part of 

the type certification basis for the 

Cessna Aircraft Company, model 525C 

airplanes. 

1. SC § 23.961: 

Instead of compliance with § 23.961, 

the following apply: 

Each fuel system must be free from 

vapor lock when using fuel at its critical 

temperature, with respect to vapor 

formation, when operating the airplane 

in all critical operating and 

environmental conditions for which 

approval is requested. For turbine fuel, 

the initial temperature must be 110 °F, 

¥0°, +5 °F or the maximum outside air 

temperature for which approval is 

requested or the fuel tank system 

temperature that is determined to be 

more critical. 

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Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Proposed Rules 45135 

Issued in Kansas City, Missouri on August 

20, 2009. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. E9–21057 Filed 8–31–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–0186; Directorate 

Identifier 2007–NM–226–AD] 

RIN 2120–AA64 

Airworthiness Directives; McDonnell 

Douglas Model DC–10–10, DC–10–10F, 

DC–10–15, DC–10–30, DC–10–30F (KC– 

10A and KDC–10), DC–10–40, DC–10– 

40F, MD–10–10F, and MD–10–30F 

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 certain McDonnell Douglas Model 

DC–10–10, DC–10–10F, DC–10–15, DC– 

10–30, DC–10–30F (KC–10A and KDC– 

10), DC–10–40, DC–10–40F, MD–10– 

10F, and MD–10–30F airplanes. That 

action (the first supplemental NPRM) 

would have superseded an existing AD 

that currently requires installing or 

replacing with improved parts, as 

applicable, the bonding straps between 

the metallic frame of the fillet and the 

wing leading edge ribs, on both the left 

and right sides of the airplane. The first 

supplemental NPRM proposed to add a 

requirement to reposition or replace two 

bonding straps for certain airplanes. 

This action resulted from fuel system 

reviews conducted by the manufacturer. 

This second supplemental NPRM would 

add, for certain airplanes, a bondingresistance check and an inspection to 

determine correct installation of certain 

bonding straps, and applicable 

corrective actions. We are proposing 

this second supplemental NPRM to 

reduce the potential of ignition sources 

inside fuel tanks in the event of a severe 

lightning strike, 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 supplemental NPRM by September 

28, 2009. 

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: 

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. 

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–2007–0186; Directorate Identifier 

2007–NM–226–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 a notice of proposed 

rulemaking (NPRM) (the ‘‘first 

supplemental NPRM’’) to amend 14 CFR 

part 39 to include an airworthiness 

directive (AD) that would apply to 

certain McDonnell Douglas Model DC– 

10–10, DC–10–10F, DC–10–15, DC–10– 

30, DC–10–30F (KC–10A and KDC–10), 

DC–10–40, DC–10–40F, MD–10–10F, 

and MD–10–30F airplanes. The first 

supplemental NPRM was published in 

the Federal Register on November 26, 

2008 (73 FR 71957). 

The first supplemental NPRM would 

have superseded an existing AD that 

currently requires installing or replacing 

with improved parts, as applicable, the 

bonding straps between the metallic 

frame of the fillet and the wing leading 

edge ribs, on both the left and right 

sides of the airplane. The first 

supplemental NPRM proposed to add a 

requirement to reposition or replace two 

bonding straps for certain airplanes. 

Actions Since First Supplemental 

NPRM Was Issued 

Since we issued the first 

supplemental NPRM, Boeing has issued 

Service Bulletin DC10–53–109, Revision 

7, dated March 3, 2009; and Service 

Bulletin DC10–53–111, Revision 6, 

dated March 3, 2009. We cited Boeing 

Service Bulletin DC10–53–109, Revision 

6, dated July 10, 2008; and Boeing 

Service Bulletin DC10–53–111, Revision 

5, dated March 19, 2008; in the first 

supplemental NPRM. The newly revised 

service bulletins contain the same 

procedures as the earlier revisions along 

with the following changes: 

• Boeing Service Bulletin DC10–53– 

109, Revision 7, dated March 3, 2009, 

provides instructions to measure the 

electrical resistance of certain 

previously installed braided bonding 

straps and correct any failed resistance 

checks. The corrective action includes 

cleaning and installing the braided 

bonding strap assembly. 

• Boeing Service Bulletin DC10–53– 

111, Revision 6, dated March 3, 2009, 

incorporates comments from operators 

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