50854 Federal Register / Vol. 75, No. 159 / Wednesday, August 18, 2010 / Rules and Regulations 

to require F&R testing for airplanes 

weighing 6,000 pounds or less is needed 

where the level of sophistication is 

beyond evaluating failures by 

inspection. 

Type Certification Basis 

Under the provisions of 14 CFR 21.17, 

Cirrus Design Corporation must show 

that the SF50 meets the applicable 

provisions of part 23, as amended by 

Amendments 23–1 through 23–59 

thereto. 

If the Administrator finds that the 

applicable airworthiness regulations 

(i.e., 14 CFR part 23) do not contain 

adequate or appropriate safety standards 

for the SF50 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 SF50 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; and the FAA must issue a 

finding of regulatory adequacy under 

section 611 of Public Law 92–574, the 

‘‘Noise Control Act of 1972.’’ 

The FAA issues special conditions, as 

defined in § 11.19, under § 11.38 and 

they become part of the type 

certification basis under § 21.17(a)(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, the special conditions 

would also apply to the other model 

under § 21.101. 

Novel or Unusual Design Features 

The SF50 will incorporate the 

following novel or unusual design 

features: Complex design and 

performance features consistent with 

technologically advanced aircraft over 

6,000 pounds. 

Discussion of Comments 

Notice of proposed special conditions 

No. 23–10–02–SC for the Cirrus Design 

Corporation model SF50 airplanes was 

published in the Federal Register on 

May 28, 2010, 75 FR 29962. No 

comments were received, and the 

special conditions are adopted as 

proposed. 

Applicability 

As discussed above, these special 

conditions are applicable to the SF50. 

Should Cirrus Design Corporation 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. 

Conclusion 

This action affects only certain novel 

or unusual design features on model 

SF50 airplanes. It is not a rule of general 

applicability and 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 21.17; and 14 CFR 

11.38 and 11.19. 

The Special Conditions 

Accordingly, pursuant to the 

authority delegated to me by the 

Administrator, the following special 

conditions are issued as part of the type 

certification basis for Cirrus Design 

Corporation model SF50 airplanes. 

1. Function and Reliability Testing. 

Flight tests: In place of 14 CFR 

21.35(b)(2), the following applies: 

(b) Upon showing compliance with 

§ 21.35, paragraph (a), the applicant 

must make all flight tests that the 

Administrator finds necessary— 

(2) For aircraft to be certificated under 

this subchapter to determine whether 

there is reasonable assurance that the 

aircraft, its components, and its 

equipment are reliable and function 

properly. 

Additionally the provisions of § 21.35, 

paragraphs (c) and (f) then apply: 

(c) Each applicant must, if practicable, 

make the tests described in paragraph 

(b)(2) of this section upon the aircraft 

that was used to show compliance 

with— 

(1) Paragraph (b)(1) of this section; 

and 

(2) ll. 

(f) The flight tests prescribed in 

paragraph (b)(2) of this section must 

include— 

(1) For aircraft incorporating turbine 

engines of a type not previously used in 

a type certificated aircraft, at least 300 

hours of operation with a full 

complement of engines that conform to 

a type certificate; and 

(2) For all other aircraft, at least 150 

hours of operation. 

Issued in Kansas City, Missouri, on August 

9, 2010. 

John R. Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–20416 Filed 8–17–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0762; Directorate 

Identifier 2010–NM–011–AD; Amendment 

39–16393; AD 2010–17–03] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Model 767–300 Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Model 767–300 series airplanes. This 

AD requires replacing a wire bundle 

clamp and installing a 

tetrafluoroethylene (TFE 2X) sleeve. 

This AD results from fuel system 

reviews conducted by the manufacturer. 

We are issuing this AD to prevent 

chafing of a wiring bundle, which could 

result in a high-energy short and, 

consequently, a possible ignition source 

in the center auxiliary fuel tank. 

DATES: This AD is effective September 2, 

2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of September 2, 2010. 

We must receive comments on this 

AD by October 4, 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 


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Federal Register / Vol. 75, No. 159 / Wednesday, August 18, 2010 / Rules and Regulations 50855 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; 

telephone 206–544–5000; extension 1, 

fax 206–766–5680; e-mail 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. 

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 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: 

Margaret Langsted, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 917–6500; fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

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. 

We received a report that, during a 

review of production records, it was 

found that three airplanes did not 

receive a tetrafluoroethylene (TFE 2X) 

sleeve and a clamp as part of an inproduction version of the actions 

required by AD 2009–18–02, 

Amendment 39–15998 (74 FR 43621, 

August 27, 2009). The TFE 2X sleeve 

and the clamp are designed to prevent 

chafing of a wiring bundle located along 

a fuel tank boundary structure and to 

provide additional electrical isolation 

from the fuel tank. Chafing of that 

wiring bundle and insufficient electrical 

isolation, when combined, could result 

in a high-energy short and, 

consequently, a potential ignition 

source in the center auxiliary fuel tank. 

Related Rulemaking 

AD 2009–18–02 (which applies to 

certain Model 767–200, –300, –300F, 

and –400ER series airplanes identified 

in Boeing Service Bulletins 767– 

57A0100, Revision 1, dated June 19, 

2008, and 767–57A0102, Revision 1, 

dated November 27, 2007), requires 

sealing certain fasteners and stiffeners 

in the fuel tank, changing certain wire 

bundle clamp configurations on the fuel 

tank walls, inspecting certain fasteners 

in the fuel tanks and to determine the 

method of attachment of the vortex 

generators, and corrective action if 

necessary. 

Relevant Service Information 

We reviewed Boeing Alert Service 

Bulletin 767–57A0122, dated October 

22, 2009. The service bulletin describes 

procedures for installing a 

tetrafluoroethylene (TFE 2X) sleeve and 

a wire bundle clamp. 

FAA’s Determination and Requirements 

of This AD 

No airplanes affected by this AD are 

on the U.S. Register. We are issuing this 

AD because the unsafe condition 

described previously is likely to exist or 

develop on other products of the same 

type design that could be registered in 

the United States in the future. This AD 

requires the actions described in the 

service bulletin. 

Since no airplanes are affected by this 

AD, notice and opportunity for public 

comment before issuing this AD are 

unnecessary. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not provide you with notice and 

an opportunity to provide your 

comments before it becomes effective. 

However, we invite you to send any 

written data, views, or arguments about 

this AD. Send your comments to an 

address listed under the ADDRESSES

section. Include ‘‘Docket No. FAA– 

2010–0762; Directorate Identifier 2010– 

NM–011–AD’’ at the beginning of your 

comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this AD. We will consider all 

comments received by the closing date 

and may amend this 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 AD. 

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 


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50856 Federal Register / Vol. 75, No. 159 / Wednesday, August 18, 2010 / Rules and Regulations 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

This AD will not have federalism 

implications under Executive Order 

13132. This AD will 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 that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Is not a ‘‘significant rule’’ under 

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. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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: 

2010–17–03 The Boeing Company: 

Amendment 39–16393. Docket No. 

FAA–2010–0762; Directorate Identifier 

2010–NM–011–AD. 

Effective Date 

(a) This airworthiness directive (AD) is 

effective September 2, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to The Boeing 

Company Model 767–300 series airplanes, 

certificated in any category; as identified in 

Boeing Alert Service Bulletin 767–57A0122, 

dated October 22, 2009. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 57: Wings. 

Unsafe Condition 

(e) This AD results from fuel system 

reviews conducted by the manufacturer. The 

Federal Aviation Administration is issuing 

this AD to chafing of the wiring bundle, 

which could result in a high-energy short 

and, consequently, a possible ignition source 

in the center auxiliary fuel tank. 

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. 

Installation 

(g) Within 60 months after the effective 

date of this AD, install a tetrafluoroethylene 

(TFE 2X) sleeve and a wire bundle clamp, in 

accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

767–57A0122, dated October 22, 2009. 

Alternative Methods of Compliance 

(AMOCs) 

(h)(1) The Manager, Seattle 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: 

Margaret Langsted, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, Seattle 

Aircraft Certification Office, 1601 Lind 

Avenue, SW., Renton, Washington 98057– 

3356; telephone (425) 917–6500; fax (425) 

917–6590. Information may be e-mailed to: 9- 

ANM-Seattle-ACO-AMOC-Requests@faa.gov. 

(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. 

Material Incorporated by Reference 

(i) You must use Boeing Alert Service 

Bulletin 767–57A0122, dated October 22, 

2009, to do the actions required by this AD, 

unless the AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; telephone 

206–544–5000, extension 1; fax 206–766– 

5680; e-mail me.boecom@boeing.com; 

Internet https://www.myboeingfleet.com. 

(3) You may review copies of the 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. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on July 30, 

2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–19707 Filed 8–17–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0763; Directorate 

Identifier 2009–NM–253–AD] Amendment 

39–16394; AD 2010–17–04] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A380–800 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This 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: 

A crack has been found on the Droop Nose 

(DN) 1 master sidestay bracket on the inboard 

leading edge of an Airbus A380 flight test 

aeroplane. 

In case of failure of the master bracket, the 

sub-master bracket would be able to sustain 

limit loads but not ultimate loads. 

This condition, if not detected and 

corrected, could lead to a DN failure which 

would affect the structural integrity of that 

wing area. 

* * * * * 

This AD requires actions that are 

intended to address the unsafe 

condition described in the MCAI. 

DATES: This AD becomes effective 

September 2, 2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of September 2, 2010. 

We must receive comments on this 

AD by October 4, 2010. 


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