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

36577 

Vol. 75, No. 123 

Monday, June 28, 2010 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0554; Directorate 

Identifier 2010–NM–082–AD] 

RIN 2120–AA64 

Airworthiness Directives; McDonnell 

Douglas Corporation Model MD–90–30 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede an existing airworthiness 

directive (AD) that applies to certain 

Model MD–90–30 airplanes. The 

existing AD currently requires 

modifying the auxiliary hydraulic 

power system (including doing all 

applicable related investigative and 

corrective actions). This proposed AD 

would require these same actions, using 

corrected service information. This 

proposed AD results from fuel system 

reviews conducted by the manufacturer, 

as well as reports of electrically shorted 

wires in the right wheel well and 

evidence of arcing on the auxiliary 

hydraulic pump power cables, which 

are routed within the tire burst area. We 

are proposing this AD to prevent 

electrically shorted wires or arcing at 

the auxiliary hydraulic pump power 

cables, which could result in a fire in 

the wheel well. We are also proposing 

this AD to reduce the potential of an 

ignition source adjacent to the fuel 

tanks, which, in combination with 

flammable fuel vapors, could result in a 

fuel tank explosion and consequent loss 

of the airplane. 

DATES: We must receive comments on 

this proposed AD by August 12, 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. 

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: Ken 

Sujishi, Aerospace Engineer, Cabin 

Safety/Mechanical and Environmental 

Systems Branch, ANM–150L, FAA, Los 

Angeles Aircraft Certification Office, 

3960 Paramount Boulevard, Lakewood, 

California 90712–4137; telephone (562) 

627–5353; 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–2010–0554; Directorate Identifier 

2010–NM–082–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 

On March 18, 2009, we issued AD 

2009–07–04, Amendment 39–15863 (74 

FR 14460, March 31, 2009), for certain 

Model MD–90–30 airplanes. That AD 

requires modifying the auxiliary 

hydraulic power system (including 

doing all applicable related investigative 

and corrective actions). That AD 

resulted from fuel system reviews 

conducted by the manufacturer, as well 

as reports of shorted wires in the right 

wheel well and evidence of arcing on 

the power cables of the auxiliary 

hydraulic pump. Boeing analysis 

determined that the existing auxiliary 

hydraulic pump wire harness assembly 

is routed within the tire burst area and 

that installing and routing a new and 

longer auxiliary hydraulic pump wire 

harness assembly outside the tire burst 

area will minimize the possibility of 

chafing and electrical wire arcing 

damage. We issued that AD to prevent 

shorted wires or electrical arcing at the 

auxiliary hydraulic pump, which could 

result in a fire in the wheel well; and 

to reduce the potential of an ignition 

source adjacent to the fuel tanks, which, 

in combination with flammable fuel 

vapors, could result in a fuel tank 

explosion and consequent loss of the 

airplane. 

Actions Since Existing AD Was Issued 

Since we issued AD 2009–07–04, we 

have been advised that the Work 

Instructions of Boeing Alert Service 

Bulletin MD90–29A021, Revision 1, 

dated August 29, 2008 (the service 

bulletin referenced in AD 2009–07–04), 

are inadequate in that some wire 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
36578 Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Proposed Rules 

support clamp orientations would 

present a riding condition with 

surrounding structure or existing 

hydraulic lines. 

Relevant Service Information 

Boeing has issued Alert Service 

Bulletin MD90–29A021, Revision 2, 

dated March 16, 2010, which includes 

additional work (e.g., checking electrical 

resistance and doing a general visual 

inspection of the wire harness 

protective sleeving dimensions, which 

are related investigative actions; and 

installing new sleeving, adding tie tape, 

installing a new wire harness assembly, 

and installing new clamps, which are 

corrective actions). 

FAA’s Determination and Requirements 

of the Proposed AD 

We have evaluated all pertinent 

information and identified an unsafe 

condition that is likely to develop on 

other airplanes of the same type design. 

For this reason, we are proposing this 

AD, which would supersede AD 2009– 

07–04 but would not retain the 

requirements of the existing AD. This 

proposed AD would require 

accomplishing the actions specified in 

Boeing Alert Service Bulletin MD90– 

29A021, Revision 2, dated March 16, 

2010, as described previously. 

Costs of Compliance 

There are about 109 airplanes of the 

affected design in the worldwide fleet. 

The following table provides the 

estimated costs for U.S. operators to 

comply with this proposed AD. 

ESTIMATED COSTS

Action Work hours 

Average 

labor rate 

per hour 

Parts Cost per airplane 

Number 

of U.S.- 

registered 

airplanes 

Fleet cost 

Modification ............... Between 4 and 11 ... $85 Up to $4,870 ........... Between $5,210 and 

$5,805.

21 Between $109,410 

and $121,905. 

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 have 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 that the 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. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. See the ADDRESSES section 

for a location to examine the regulatory 

evaluation. 

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 

removing Amendment 39–15863 (74 FR 

14460, March 31, 2009) and adding the 

following new AD: 

McDonnell Douglas Corporation: Docket No. 

FAA–2010–0554; Directorate Identifier 

2010–NM–082–AD. 

Comments Due Date 

(a) The FAA must receive comments on 

this AD action by August 12, 2010. 

Affected ADs 

(b) This AD supersedes AD 2009–07–04, 

Amendment 39–15863. 

Applicability 

(c) This AD applies to McDonnell Douglas 

Corporation Model MD–90–30 airplanes, 

certificated in any category; as identified in 

Boeing Alert Service Bulletin MD90–29A021, 

Revision 2, dated March 16, 2010. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 29: Hydraulic Power. 

Unsafe Condition 

(e) This AD results from fuel system 

reviews conducted by the manufacturer, as 

well as reports of electrically shorted wires 

in the right wheel well and evidence of 

arcing on the auxiliary hydraulic pump 

power cables, which are routed within the 

tire burst area. The Federal Aviation 

Administration is proposing this AD to 

prevent electrically shorted wires or arcing at 

the auxiliary hydraulic pump power cables, 

which could result in a fire in the wheel 

well. We are also proposing this AD to 

reduce the potential of an ignition source 

adjacent to the fuel tanks, which, in 

combination with flammable fuel vapors, 

could result in a fuel tank 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. 

Replacement 

(g) Within 18 months after the effective 

date of this AD, modify the auxiliary 

hydraulic power system, and do all 

applicable related investigative and 

corrective actions, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin MD90–29A021, Revision 2, 

dated March 16, 2010. Do all applicable 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Proposed Rules 36579 

related investigative and corrective actions 

before further flight. 

Alternative Methods of Compliance 

(AMOCs) 

(h)(1) The Manager, Los Angeles Aircraft 

Certification Office, 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: Ken Sujishi, 

Aerospace Engineer, Cabin Safety/ 

Mechanical and Environmental Systems 

Branch, ANM–150L, FAA, Los Angeles 

Aircraft Certification Office, 3960 Paramount 

Boulevard, Lakewood, California 90712– 

4137; telephone (562) 627–5353; 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 June 17, 

2010. 

Robert D. Breneman, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–15652 Filed 6–25–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0553; Directorate 

Identifier 2010–NM–070–AD] 

RIN 2120–AA64 

Airworthiness Directives; McDonnell 

Douglas Corporation Model DC–10–30, 

DC–10–30F, DC–10–30F (KC–10A and 

KDC–10), DC–10–40, DC–10–40F, and 

MD–10–30F 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 DC–10–30, DC–10–30F, DC–10– 

30F (KC–10A and KDC–10), DC–10–40, 

DC10–40F, and MD–10–30F airplanes. 

This proposed AD would require doing 

a one-time inspection of the wire 

bundles to determine if wires touch the 

upper surface of the center upper 

auxiliary fuel tank, and marking the 

location if necessary; a one-time 

inspection for splices and damage of all 

wire bundles routed above the center 

upper auxiliary fuel tank; a one-time 

inspection for damage to the fuel vapor 

barrier seal and upper surface of the 

center upper auxiliary fuel tank; and 

corrective actions, if necessary. This 

proposed AD would also require 

installing non-metallic barrier/shield 

sleeving to the wire harnesses, new 

clamps, new attaching hardware, and 

new extruded channels. This proposed 

AD results from 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 August 12, 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. 

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–2010–0553; Directorate Identifier 

2010–NM–070–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 


jlentini on DSKJ8SOYB1PROD with PROPOSALS