Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Proposed Rules 34661 

Note 3: In Hamilton Sundstrand Service 

Bulletin ERPS10AG–24–3, the fluorescent 

penetrant inspection is referred to as a 

‘‘Penetrant Check.’’ 

FAA AD Differences 

Note 4: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(h) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, New York Aircraft 

Certification Office (ACO), ANE–170, 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: 

Program Manager, Continuing Operational 

Safety, FAA, New York ACO, 1600 Stewart 

Avenue, Suite 410, Westbury, New York, 

11590; telephone 516–228–7300; fax 516– 

794–5531. 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. 

(2) Airworthy Product: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer or other source, 

use these actions if they are FAA-approved. 

Corrective actions are considered FAAapproved if they are approved by the State 

of Design Authority (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. 

(4) Special Flight Permits: Special flight 

permits, as described in section 21.197 and 

section 21.199 of the Federal Aviation 

Regulations (14 CFR 21.197 and 21.199), are 

not allowed. 

Related Information 

(i) Refer to MCAI Canadian Airworthiness 

Directive CF–2009–27, dated June 8, 2009; 

Bombardier Alert Service Bulletin A601R– 

24–120, Revision C, dated April 20, 2009; 

and Bombardier Alert Service Bulletin 

A670BA–24–020, Revision C, dated April 20, 

2009; for related information. 

Issued in Renton, Washington, on June 10, 

2010. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–14769 Filed 6–17–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0549; Directorate 

Identifier 2010–NM–109–AD] 

RIN 2120–AA64 

Airworthiness Directives; McDonnell 

Douglas Corporation Model DC–9–81 

(MD–81), DC–9–82 (MD–82), DC–9–83 

(MD–83), DC–9–87 (MD–87), and MD–88 

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–9–81 (MD–81), DC–9–82 

(MD–82), DC–9–83 (MD–83), DC–9–87 

(MD–87), and MD–88 airplanes. This 

proposed AD would require installing 

fuel level float and pressure switch inline fuses on the wing forward spars and 

forward and aft auxiliary fuel tanks, 

depending on the airplane 

configuration. 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 2, 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 

(ACO), 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–2010–0549; Directorate Identifier 

2010–NM–109–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 


hsrobinson on DSK69SOYB1PROD with PROPOSALS-1
34662 Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Proposed Rules 

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. 

An investigation by Boeing has 

determined that fuel level float switch 

wires located on the left and right wing 

forward spars, the center tank forward 

spar, and the forward and aft auxiliary 

fuel tanks and pressure switch wires 

located on the center tank forward spar 

are routed in the same bundles as power 

wires. If a short circuit between a fuel 

level float or pressure switch wire and 

a power wire occurs, an over-current 

can cause excessive temperature in the 

fuel level float or pressure switch wire, 

which could result in damage and 

become a potential ignition source. 

Relevant Service Information 

We have reviewed Boeing Service 

Bulletin MD80–28–226, dated April 14, 

2010. The service bulletin describes 

procedures for installing fuel level float 

and pressure switch in-line fuses, 

including wiring changes, in the 

following locations: 

• On the left, right, and center wing 

forward spars (Groups 1 through 6). 

• On the left, right, and center wing 

forward spars, and aft auxiliary fuel 

tank (Groups 7 and 8). 

• On the left, right, and center wing 

forward spars, forward auxiliary fuel 

tank, and aft auxiliary fuel tank (Groups 

9 through 11). 

FAA’s Determination and Requirements 

of This Proposed AD 

We are proposing this AD because we 

evaluated all relevant information and 

determined the unsafe condition 

described previously is likely to exist or 

develop in other products of these same 

type designs. This proposed AD would 

require accomplishing the actions 

specified in the service information 

described previously. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 640 airplanes of U.S. 

registry. The following table provides 

the estimated costs, depending on the 

airplane configuration, for U.S. 

operators to comply with this proposed 

AD. 

TABLE—ESTIMATED COSTS

Action Work hours 

Average 

labor rate 

per hour 

Parts Cost per product 

Number of 

U.S.-registered 

airplanes 

Fleet cost 

Installation ... Between 7 

and 17.

$85 Between $817 and 

$1,725.

Between $1,412 and 

$3,170.

640 Between $903,680 and 

$2,028,800, 

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 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 this 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. 

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. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 


hsrobinson on DSK69SOYB1PROD with PROPOSALS-1
Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Proposed Rules 34663 

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: 

McDonnell Douglas Corporation: Docket No. 

FAA–2010–0549; Directorate Identifier 

2010–NM–109–AD. 

Comments Due Date 

(a) We must receive comments by August 

2, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to McDonnell Douglas 

Corporation Model DC–9–81 (MD–81), DC– 

9–82 (MD–82), DC–9–83 (MD–83), DC–9–87 

(MD–87), and MD–88 airplanes; certificated 

in any category; as identified in Boeing 

Service Bulletin MD80–28–226, dated April 

14, 2010. 

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 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. 

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. 

Fuse Installation 

(g) Within 60 months after the effective 

date of this AD, install fuel level float and 

pressure switch in-line fuses, and do 

applicable wiring changes, in the applicable 

locations specified in paragraph (g)(1), (g)(2), 

or (g)(3) of this AD. Do the actions in 

accordance with the Accomplishment 

Instructions of Boeing Service Bulletin 

MD80–28–226, dated April 14, 2010. 

(1) For Groups 1 through 6: On the left, 

right, and center wing forward spars. 

(2) For Groups 7 and 8: On the left, right, 

and center wing forward spars, and aft 

auxiliary fuel tank. 

(3) For Groups 9 through 11: On the left, 

right, and center wing forward spars, forward 

auxiliary fuel tank, and aft auxiliary fuel 

tank. 

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: 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 10, 

2010. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–14796 Filed 6–17–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27042; Directorate 

Identifier 2006–NM–225–AD] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Model 777–200, –300, and 

–300ER Series 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 Model 777–200, –300, and 

–300ER series airplanes. The original 

NPRM would have required installing 

Teflon sleeving under the clamps of 

certain wire bundles routed along the 

fuel tank boundary structure, and cap 

sealing certain penetrating fasteners of 

the main and center fuel tanks. The 

original NPRM resulted from fuel 

system reviews conducted by the 

manufacturer. This action revises the 

original NPRM by adding airplanes and 

adding and removing certain 

requirements. We are proposing this 

supplemental NPRM to prevent 

electrical arcing on the fuel tank 

boundary structure or inside the fuel 

tanks, which could result in a fire or 

explosion. 

DATES: We must receive comments on 

this supplemental NPRM by July 13, 

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, 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. 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: 

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: 

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–2007–27042; Directorate Identifier 

2006–NM–225–AD’’ at the beginning of 

your comments. We specifically invite 


hsrobinson on DSK69SOYB1PROD with PROPOSALS-1