This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

27401 

Vol. 75, No. 94 

Monday, May 17, 2010 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

[NRC–2009–0538] 

RIN 3150–AI75 

List of Approved Spent Fuel Storage 

Casks: NUHOMS® HD System 

Revision 1; Correction 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Direct final rule; correction. 

SUMMARY: This document corrects a 

notice appearing in the Federal Register 

on May 6, 2010 (75 FR 24786), that 

amends the regulations that govern 

storage of spent nuclear fuel. 

Specifically, this action amends the list 

of approved spent fuel storage casks to 

add revision 1 to the NUHOMS HD 

spent fuel storage cask system. This 

action is necessary to correctly specify 

the effective date of the rule if no 

adverse comments are received, because 

the notice of direct final rulemaking and 

the companion notice of proposed 

rulemaking (75 FR 25120; May 7, 2010) 

were published in the Federal Register 

on different dates instead of being 

published concurrently on the same 

date, as erroneously stated in the 

notices. 

DATES: Effective July 21, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Jayne M. McCausland, Office of Federal 

and State Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone (301) 415– 

6219, e-mail 

Jayne.McCausland@nrc.gov. 

SUPPLEMENTARY INFORMATION: On page 

24786, in the first column, the DATES

section is corrected to indicate that the 

final rule is effective on July 21, 2010. 

On page 24787, column one, the fourth 

sentence in the Procedural Background 

section is corrected to read: The 

amendment to the rule will become 

effective on July 21, 2010. Also, on page 

24787, in the first column, the fifth 

sentence in the Procedural Background 

is corrected to read: However, if the 

NRC receives significant adverse 

comments on the direct final rule by 

June 7, 2010, then the NRC will publish 

a document that withdraws this action 

and will subsequently address the 

comments received in a final rule as a 

response to the companion proposed 

rule published in the Rules and 

Regulations section of the Federal 

Register on May 7, 2010 (75 FR 25120). 

Dated at Rockville, Maryland, this 10th day 

of May 2010. 

For the Nuclear Regulatory Commission. 

Helen Chang, 

Acting Chief, Rules, Announcements and 

Directives Branch, Division of Administrative 

Services, Office of Administration. 

[FR Doc. 2010–11561 Filed 5–14–10; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0685; Directorate 

Identifier 2009–NM–113–AD; Amendment 

39–16299; AD 2010–10–20] 

RIN 2120–AA64 

Airworthiness Directives; McDonnell 

Douglas Corporation Model DC–9–30, 

DC–9–40, and DC–9–50 Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Model DC–9–30, DC–9–40, and DC–9– 

50 series airplanes. This AD requires 

inspecting to determine the part 

numbers of the forward and aft auxiliary 

tank fuel boost and transfer pump 

conduit/conduit assembly and conduit 

assembly electrical connector, as 

applicable, and corrective actions if 

necessary. This AD results from fuel 

system reviews conducted by the 

manufacturer. We are issuing this AD to 

detect and correct the potential for an 

arc/spark condition to occur within the 

fuel boost or transfer pump conduit 

assembly connectors and propagate into 

the forward and aft auxiliary fuel tanks, 

which could result in a fire or 

explosion. 

DATES: This AD is effective June 21, 

2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of June 21, 2010. 

ADDRESSES: 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. 

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 address for the 

Docket Office (telephone 800–647–5527) 

is the Document Management Facility, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

William Bond, Aerospace Engineer, 

Propulsion Branch, ANM–140L, FAA, 

Los Angeles Aircraft Certification 

Office, 3960 Paramount Boulevard, 

Lakewood, California 90712–4137; 

telephone (562) 627–5253; fax (562) 

627–5210. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an airworthiness 

directive (AD) that would apply to 

certain Model DC–9–30, DC–9–40, and 

DC–9–50 series airplanes. That NPRM 

was published in the Federal Register 

on August 12, 2009 (74 FR 40525). That 

NPRM proposed to require inspecting to 

determine the part numbers of the 

forward and aft auxiliary tank fuel boost 

and transfer pump conduit/conduit 


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27402 Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Rules and Regulations 

assembly and conduit assembly 

electrical connector, as applicable, and 

corrective actions if necessary. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comment received from 

the commenter. Northwest Airlines 

(NWA) concurs with the intent of the 

NPRM. 

Request To Delay Issuance of the Final 

Rule Until the Revised Service Bulletin 

Is Issued, Reviewed, and Commented 

On by Operators 

NWA states that operators should 

have the opportunity to review and 

comment on the revised service bulletin 

prior to any final rule decision. NWA 

explains that there are omissions 

regarding airplane effectivity and part 

number discrepancies in Boeing Service 

Bulletin DC9–28–227, dated April 23, 

2009. NWA notes that Boeing was 

notified of these issues, and that Boeing 

concurs with the effectivity problems 

and noted the differences in the 

associated wiring diagrams and 

drawings that affect the part numbers. 

NWA asserts that Boeing has 

acknowledged that Boeing Service 

Bulletin DC9–28–227, dated April 23, 

2009, needs to be revised. 

NWA believes that certain airplanes 

were delivered with a 780 gallon 

forward fuselage supplemental tank but 

without a 780 gallon aft fuselage 

supplemental tank, and that these 

airplanes may not be addressed as a 

group in Boeing Service Bulletin DC9– 

28–227, dated April 23, 2009. 

NWA also believes that certain 

airplanes identified as Group 1 in 

Boeing Service Bulletin DC9–28–227, 

dated April 23, 2009, have the same 

conduit assembly part number as other 

airplanes. NWA believes that these 

airplanes cannot use the same conduit 

assembly because conduit assemblies 

have specified wire numbers as per 

certain drawings. 

From these statements, we infer that 

NWA requests that we delay issuing the 

AD until Boeing Service Bulletin DC9– 

28–227, dated April 23, 2009, is revised 

and released. We do not agree to delay 

issuing the final rule until a revised 

service bulletin is reviewed and 

commented on by operators. The 

airplanes that NWA believes were 

delivered with a 780 gallon forward 

fuselage supplemental tank but without 

a 780 gallon aft supplemental fuselage 

tank, and that may not be addressed as 

a group in Boeing Service Bulletin DC9– 

28–227, dated April 23, 2009, are not 

included in the effectivity of that service 

bulletin because they already had the 

acceptable conduit assembly installed 

prior to the time of delivery. Also, 

Boeing Service Bulletin DC9–28–227, 

dated April 23, 2009, reflects the correct 

conduit part numbers installed prior to 

the time of airplane delivery; therefore, 

the content in Boeing Service Bulletin 

DC9–28–227, dated April 23, 2009, is 

correct. We have confirmed with Boeing 

that Boeing Service Bulletin DC9–28– 

227, dated April 23, 2009, does not need 

to be revised regarding these issues. We 

have not changed the AD in this regard. 

If a new revision to the service 

information is published, under the 

provisions of paragraph (h) of the final 

rule, we will consider requests for 

alternative methods of compliance 

(AMOCs) if sufficient data are submitted 

to substantiate that the change would 

provide an acceptable level of safety. 

We have not changed the AD in this 

regard. 

Request for a Clarification Statement 

Acknowledging Post-Production 

Removal of Auxiliary Fuel Tank(s) 

NWA states that the final rule should 

include a clarification statement for 

paragraph (g) of the NPRM that 

acknowledges post-production removal 

of an auxiliary fuel tank, which releases 

the operator from those requirements of 

Boeing Service Bulletin DC9–28–227, 

dated April 23, 2009, that are no longer 

applicable. NWA explains that Boeing 

Service Bulletin DC9–28–227, dated 

April 23, 2009, does not address the 

issue of a removed auxiliary fuel tank 

and that the equipment effectivity list 

quantifies airplane groups at the time of 

production and does not address postproduction modifications to the 

airplane. NWA acknowledges that an 

auxiliary fuel tank, which was installed 

at the time of production, may have 

been removed by operators for a variety 

of reasons. NWA asserts that the 

removal of the auxiliary fuel tank and 

thereby the fuel boost or transfer pump 

conduit assembly connectors removes 

the unsafe condition specified in 

paragraph (e) of the NPRM, although the 

language specified in paragraph (g) of 

the NPRM will still require operators to 

request an AMOC for removed auxiliary 

fuel tanks. 

We agree. If the auxiliary fuel tank(s) 

has been removed, thereby removing the 

fuel boost or transfer fuel pump conduit 

assembly connectors, the unsafe 

condition is removed as well. We have 

revised paragraph (g) of the final rule to 

account for auxiliary fuel tank(s) that 

have been removed. 

Explanation of Change Made to This 

AD 

We have revised this AD to identify 

the legal name of the manufacturer as 

published in the most recent type 

certificate data sheet for the affected 

airplane models. 

Conclusion 

We reviewed the relevant data, 

considered the comment received, and 

determined that air safety and the 

public interest require adopting the AD 

with the changes described previously. 

We also determined that these changes 

will not increase the economic burden 

on any operator or increase the scope of 

the AD. 

Explanation of Change to Costs of 

Compliance 

Since issuance of the NPRM, we have 

increased the labor rate used in the 

Costs of Compliance from $80 per workhour to $85 per work-hour. The Costs of 

Compliance information, below, reflects 

this increase in the specified hourly 

labor rate. 

Costs of Compliance 

We estimate that this AD affects 137 

airplanes of U.S. registry. We also 

estimate that it takes up to 8 work-hours 

per product to comply with this AD. 

The average labor rate is $85 per workhour. Based on these figures, we 

estimate the cost of this AD to the U.S. 

operators to be $93,160, or $680 per 

product. 

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 

This AD will not have federalism 

implications under Executive Order 

13132. This AD will not have a 


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Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Rules and Regulations 27403 

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: 

2010–10–20 McDonnell Douglas 

Corporation: Amendment 39–16299. 

Docket No. FAA–2009–0685; Directorate 

Identifier 2009–NM–113–AD. 

Effective Date 

(a) This airworthiness directive (AD) is 

effective June 21, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to McDonnell Douglas 

Corporation 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), 

DC–9–41, and DC–9–51 airplanes, 

certificated in any category; as identified in 

Boeing Service Bulletin DC9–28–227, dated 

April 23, 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 the potential for 

an arc/spark condition to occur within the 

fuel boost or transfer pump conduit assembly 

connectors and propagate into the forward 

and aft auxiliary fuel tanks, which could 

result in a fire or explosion. 

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. 

Inspection 

(g) Within 60 months after the effective 

date of this AD, inspect to determine the part 

numbers of the forward and aft auxiliary fuel 

tank boost and transfer pumps conduit 

assembly and conduit assembly electrical 

connector, as applicable, and do applicable 

corrective actions, in accordance with the 

Accomplishment Instructions of Boeing 

Service Bulletin DC9–28–227, dated April 23, 

2009. Do the applicable corrective actions 

before further flight. If the auxiliary fuel 

tank(s) has been removed, thereby removing 

the fuel boost or transfer fuel pump conduit 

assembly connectors, the corrective action 

specified in the Accomplishment 

Instructions of Boeing Service Bulletin DC9– 

28–227, dated April 23, 2009, is not required. 

If the removed auxiliary fuel tank(s) are reinstalled, the requirements of paragraph (g) of 

this AD must be done before further flight. 

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: 

William Bond, Aerospace Engineer, 

Propulsion Branch, ANM–140L, FAA, Los 

Angeles ACO, 3960 Paramount Boulevard, 

Lakewood, California 90712–4137; telephone 

(562) 627–5253; 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. 

Material Incorporated by Reference 

(i) You must use Boeing Service Bulletin 

DC9–28–227, dated April 23, 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, 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. 

(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 May 3, 

2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–11185 Filed 5–14–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0714; Directorate 

Identifier 2009–NM–041–AD; Amendment 

39–16290; AD 2010–10–11] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–135 and –145, 

–145ER, –145MR, –145LR, –145XR, 

–145MP, and –145EP Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

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: 

It was reported that after commanding the 

landing gear lever to down the three green 

landing gear positioning indication was 

displayed followed by the LG/LEVER 

DISAGREE EICAS [engine indicating and 

crew alerting system] message. The crew 

decided to continue the approach and 

landing procedure. As soon as the crew 

identified that the landing gear was not 

extended properly, a go-around procedure 

was successfully performed. During 

maneuver, the airplane settled momentarily 

onto the flaps and belly. 

* * * * * 


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