36298 Federal Register / Vol. 75, No. 122 / Friday, June 25, 2010 / Proposed Rules 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(i) Refer to MCAI Israeli Airworthiness 

Directive 01–10–01–07R1, dated January 20, 

2010, for related information. 

Issued in Renton, Washington, on June 21, 

2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–15402 Filed 6–24–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0639; Directorate 

Identifier 2009–NM–232–AD] 

RIN 2120–AA64 

Airworthiness Directives; McDonnell 

Douglas Corporation Model DC–8–31, 

DC–8–32, DC–8–33, DC–8–41, DC–8– 

42, and DC–8–43 Airplanes; Model DC– 

8–50 Series Airplanes; Model DC–8F– 

54 and DC–8F–55 Airplanes; Model 

DC–8–60 Series Airplanes; Model DC– 

8–61 Series Airplanes; Model DC–8–70 

Series Airplanes; and Model DC–8–70F 

Series 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 all of the 

McDonnell Douglas Corporation 

airplanes identified above. The existing 

AD currently requires revising the 

maintenance program to incorporate 

new airworthiness limitations for fuel 

tank systems to satisfy Special Federal 

Aviation Regulation No. 88 

requirements. This proposed AD would 

add requirements to revise the 

maintenance program to incorporate 

specific Critical Design Configuration 

Control Limitations (CDCCL) 

information and install fuel tank float 

switch in-line fuses. This proposed AD 

would also add two Airworthiness 

Limitations inspections (ALIs). This 

proposed AD results from a design 

review of the fuel tank systems. We are 

proposing this AD to prevent the 

potential for ignition sources inside fuel 

tanks caused by latent failures, 

alterations, repairs, or maintenance 

actions, 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 9, 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–2010–0639; Directorate Identifier 

2009–NM–232–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 April 4, 2008, we issued AD 2008– 

09–04, Amendment 39–15484 (73 FR 

21523, April 22, 2008), for all Model 

DC–8–31, DC–8–32, DC–8–33, DC–8–41, 

DC–8–42, and DC–8–43 airplanes; 

Model DC–8–50 series airplanes; Model 

DC–8F–54 and DC–8F–55 airplanes; 

Model DC–8–60 series airplanes; Model 

DC–8–60F series airplanes; Model DC– 

8–70 series airplanes; and Model DC–8– 

70F series airplanes. That AD requires 

revising the maintenance program to 

incorporate new airworthiness 

limitations for fuel tank systems to 

satisfy Special Federal Aviation 

Regulation No. 88 requirements. That 

AD resulted from a design review of the 

fuel tank systems. We issued that AD to 

prevent the potential for ignition 

sources inside fuel tanks caused by 

latent failures, alterations, repairs, or 

maintenance actions, 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 2008–09–04, we 

have been notified that the float switch 

wires located on the leading edges of the 

left and right wings at the front spar are 

routed in the same bundles as power 

wires. If a short circuit between a float 

switch wire and a power wire occurs, an 

over-current can cause excessive 

temperatures in the float switch wires, 

resulting in damage. Adding an in-line 

fuse as a self-contained component in 

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Federal Register / Vol. 75, No. 122 / Friday, June 25, 2010 / Proposed Rules 36299 

each float switch circuit will minimize 

the possibility of excessive temperatures 

in the float switch wires. If not 

corrected, and if there is a short circuit 

of the float switch wire to a power wire, 

possible damage to the float switch wire 

could occur, and it could become a 

potential ignition source into the fuel 

tank and consequently cause fire or an 

explosion. 

Relevant Service Information 

We have reviewed Boeing Service 

Bulletin DC8–28–090, dated October 9, 

2009. This service bulletin describes 

procedures for installing fuel tank float 

switch in-line fuses in the front spar of 

the leading edges of the left and right 

wings. This service bulletin references 

CDCCL 20–10 from Boeing Special 

Compliance Item Report, MDC– 

02K9030, Revision B, dated July 23, 

2009. Boeing DC–8 Special Compliance 

Item Report, MDC–02K9030, Revision B, 

dated July 23, 2009, adds CDCCL 20–10 

‘‘DC–8 Float Switch Circuit,’’ and also 

adds ALI 30–1 for a pneumatic system 

decay check to minimize the risk of hot 

air impingement on the fuel tank. 

Boeing DC–8 Special Compliance Item 

Report, MDC–02K9030, Revision C, 

dated January 5, 2010, adds ALI 28–1, 

‘‘DC–8 Alternate and Center Auxiliary 

Tank Fuel Pump Control Systems 

Check.’’ 

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 2008– 

09–04 and would retain the 

requirements of the existing AD. This 

proposed AD would also require 

accomplishing the actions specified in 

the service information described 

previously. 

Changes to Existing AD 

This proposed AD would retain all 

requirements of AD 2008–09–04. Since 

AD 2008–09–04 was issued, the AD 

format has been revised, and certain 

paragraphs have been rearranged. As a 

result, the corresponding paragraph 

identifiers have changed in this 

proposed AD, as listed in the following 

table: 

REVISED PARAGRAPH IDENTIFIERS

Requirement in AD 

2008–09–04 

Corresponding 

requirement in this 

proposed AD 

paragraph (f) paragraph (g) 

paragraph (g) paragraph (h) 

paragraph (h) paragraph (i) 

AD 2008–09–04 allowed the use of 

later revisions of the airworthiness 

limitations. That provision has been 

removed from this AD. Allowing the use 

of ‘‘a later revision’’ of specific service 

documents violates Office of the Federal 

Register regulations for approving 

materials that are incorporated by 

reference. We have added paragraph (m) 

to this AD to allow incorporation of 

Boeing DC–8 Special Compliance Item 

Report, MDC–02K9030, Revision B, 

dated July 23, 2009; and Revision C, 

dated January 5, 2010; as a method of 

compliance with the requirements of 

paragraph (g) of this AD. Affected 

operators, however, may request 

approval to use a later revision of the 

referenced service documents as an 

alternative method of compliance, 

under the provisions of paragraph (o) of 

this AD. 

Costs of Compliance 

There are about 125 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 

Revising the Maintenance Program (required 

by AD 2008–09–04).

1 ....................... $85 $0 $85 ................... 125 $10,625. 

Revising the Airworthiness Limitation Section 

(new proposed action).

1 ....................... 85 0 $85 ................... 125 $10,625. 

Installing fuses (new proposed action) ............. Up to 35 ........... 85 0 Up to $2,975 ..... 125 Up to $371,875. 

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. 

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36300 Federal Register / Vol. 75, No. 122 / Friday, June 25, 2010 / Proposed Rules 

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 39–15484 (73 FR 

21523, April 22, 2008) and adding the 

following new AD: 

McDonnell Douglas Corporation: Docket No. 

FAA–2010–0639; Directorate Identifier 

2009–NM–232–AD. 

Comments Due Date 

(a) The FAA must receive comments on 

this AD action by August 9, 2010. 

Affected ADs 

(b) This AD supersedes AD 2008–09–04, 

Amendment 39–15484. 

Applicability 

(c) This AD applies to all McDonnell 

Douglas Model DC–8–31, DC–8–32, DC–8– 

33, DC–8–41, DC–8–42, and DC–8–43 

airplanes; Model DC–8–51, DC–8–52, DC–8– 

53, and DC–8–55 airplanes; Model DC–8F–54 

and DC–8F–55 airplanes; Model DC–8–61, 

DC–8–62, and DC–8–63 airplanes; Model 

DC–8–61F, DC–8–62F, and DC–8–63F 

airplanes; Model DC–8–71, DC–8–72, and 

DC–8–73 airplanes; and Model DC–8–71F, 

DC–8–72F, and DC–8–73F airplanes; 

certificated in any category. 

Note 1: This AD requires revisions to 

certain operator maintenance documents to 

include new inspections. Compliance with 

these inspections is required by 14 CFR 

91.403(c). For airplanes that have been 

previously modified, altered, or repaired in 

the areas addressed by these inspections, the 

operator may not be able to accomplish the 

inspections described in the revisions. In this 

situation, to comply with 14 CFR 91.403(c), 

the operator must request approval for an 

alternative method of compliance (AMOC) in 

accordance with paragraph (o) of this AD. 

The request should include a description of 

changes to the required inspections that will 

ensure the continued operational safety of 

the airplane. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 28: Fuel. 

Unsafe Condition 

(e) This AD results from a design review 

of the fuel tank systems. The Federal 

Aviation Administration is issuing this AD to 

prevent the potential for ignition sources 

inside fuel tanks caused by latent failures, 

alterations, repairs, or maintenance actions, 

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. 

Restatement of Requirements of AD 2008– 

09–04, With Revised Compliance Method 

Revise the Maintenance Program 

(g) Before December 16, 2008, revise the 

maintenance program to incorporate the 

information specified in Appendixes B, C, 

and D of the Boeing DC–8 Special 

Compliance Item Report, MDC–02K9030, 

Revision A, dated August 8, 2006. 

No Reporting Requirement 

(h) Although the Boeing DC–8 Special 

Compliance Item Report, MDC–02K9030, 

Revision A, dated August 8, 2006, specifies 

to submit certain information to the 

manufacturer, this AD does not require that 

action. 

No Alternative Inspections, Inspection 

Intervals, or Critical Design Configuration 

Control Limitations (CDCCLs) 

(i) Except as provided by paragraph (m) of 

this AD, after accomplishing the applicable 

actions specified in paragraph (g) of this AD, 

no alternative inspections, inspection 

intervals, or CDCCLs may be used unless the 

inspections, intervals, or CDCCLs are 

approved as an AMOC in accordance with 

the procedures specified in paragraph (o) of 

this AD. 

New Requirements of This AD 

Revise the Maintenance Program 

(j) Within 30 days after the effective date 

of this AD, revise the maintenance program 

to incorporate the information required by 

paragraphs (j)(1), (j)(2), and (j)(3) of this AD. 

(1) CDCCL 20–10, ‘‘DC–8 Float Switch 

Circuit’’ in Appendix B of Boeing DC–8 

Special Compliance Item Report, MDC– 

02K9030, Revision C, dated January 5, 2010. 

(2) ALI 30–1 ‘‘DC–8 Pneumatic System 

Decay Check’’ in Appendix C of Boeing DC– 

8 Special Compliance Item Report, MDC– 

02K9030, Revision C, dated January 5, 2010. 

(3) ALI 28–1, ‘‘DC–8 Alternate and Center 

Auxiliary Tank Fuel Pump Control Systems 

Check,’’ in Appendix C of Boeing DC–8 

Special Compliance Item Report, MDC– 

02K9030, Revision C, dated January 5, 2010. 

Install the In-Line Fuses 

(k) Within 60 months after the effective 

date of this AD, install the fuel tank float 

switch in-line fuses in the leading edges of 

the front spars of the left and right wings, in 

accordance with the Accomplishment 

Instructions of Boeing Service Bulletin DC8– 

28–090, dated October 9, 2009. 

No Alternative Inspections, Inspection 

Intervals, or Critical Design Configuration 

Control Limitations (CDCCLs) 

(l) After accomplishing the actions 

specified in paragraph (k) of this AD, no 

alternative inspections, inspection intervals, 

or CDCCLs may be used unless the 

inspections, intervals, or CDCCLs are 

approved as an AMOC in accordance with 

the procedures specified in paragraph (o) of 

this AD. 

(m) Revising the maintenance program to 

incorporate the information specified in 

Appendixes B, C, and D of the Boeing DC– 

8 Special Compliance Item Report, MDC– 

02K9030, Revision B, dated July 23, 2009; or 

Revision C, dated January 5, 2010; is an 

acceptable method of compliance with the 

actions specified in paragraph (g) of this AD. 

No Reporting Requirement 

(n) Although the Boeing DC–8 Special 

Compliance Item Report, MDC–02K9030, 

Revision B, dated July 23, 2009; and Revision 

C, dated January 5, 2010; specify to submit 

certain information to the manufacturer, this 

AD does not require that action. 

Alternative Methods of Compliance 

(AMOCs) 

(o)(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: 

Samuel Lee, Aerospace Engineer, Propulsion 

Branch, ANM–140L, FAA, Los Angeles 

Aircraft Certification Office (ACO), 3960 

Paramount Boulevard, Lakewood, California 

90712–4137; telephone (562) 627–5262; 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 21, 

2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–15400 Filed 6–24–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

14 CFR Parts 234, 244, 250,253, 259, 

and 399 

[Docket No. DOT–OST–2010–0140] 

RIN 2105–AD92 

Enhancing Airline Passenger 

Protections 

AGENCY: Office of the Secretary (OST), 

Department of Transportation (DOT). 

ACTION: Clarification to Notice of 

Proposed Rulemaking. 

SUMMARY: The Department of 

Transportation is clarifying its notice of 

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