Federal Register / Vol. 75, No. 11 / Tuesday, January 19, 2010 / Proposed Rules 2831 

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 Federal Aviation 

Administration (FAA) amends § 39.13 

by adding the following new 

airworthiness directive (AD): 

Saab AB, Saab Aerosystems: Docket No. 

FAA–2010–0042; Directorate Identifier 

2009–NM–010–AD. 

Comments Due Date 

(a) The FAA must receive comments on 

this AD action by March 5, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to the Saab AB, Saab 

Aerosystems airplanes, certificated in any 

category, identified in paragraphs (c)(1) and 

(c)(2) of this AD, that have been modified in 

accordance with Supplemental Type 

Certificate (STC) SA00244WI–D, 

ST00146WI–D, or SA984GL–D. 

(1) Model SAAB 340A (SAAB/SF340A) 

airplanes, serial numbers 004 through 159 

inclusive. 

(2) Model SAAB 340B airplanes, serial 

numbers 160 through 459 inclusive. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 53: Fuselage. 

Unsafe Condition 

(e) This AD results from a report of a crack 

found behind the external adapter plate of 

the antennae during inspection. Similar 

cracking was found on two additional 

airplanes, and extensive corrosion was found 

on one airplane. The Federal Aviation 

Administration is issuing this AD to detect 

and correct corrosion and cracking behind 

the external adapter plate of the antennae of 

certain safe-life structure, which could result 

in reduced structural integrity and 

consequent rapid depressurization of the 

airplane. 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified. 

Inspection/Corrective Actions 

(g) Within 600 flight cycles after the 

effective date of this AD: Remove the external 

adapter plate of the antennae installation and 

do a general visual inspection of the fuselage 

surface for corrosion and cracking behind the 

external adapter plate of the antennae 

installation. If any corrosion or cracking is 

found, repair before further flight. If no 

corrosion or cracking is found, before further 

flight, ensure that proper corrosion 

protection has been applied before 

reinstalling the adapter plate. Do all the 

actions required by this paragraph in 

accordance with a method approved by the 

Manager, Wichita Aircraft Certification Office 

(ACO), FAA. 

Note 1: For the purposes of this AD, a 

general visual inspection is: ‘‘A visual 

examination of an interior or exterior area, 

installation, or assembly to detect obvious 

damage, failure, or irregularity. This level of 

inspection is made from within touching 

distance unless otherwise specified. A mirror 

may be necessary to ensure visual access to 

all surfaces in the inspection area. This level 

of inspection is made under normally 

available lighting conditions such as 

daylight, hangar lighting, flashlight, or 

droplight and may require removal or 

opening of access panels or doors. Stands, 

ladders, or platforms may be required to gain 

proximity to the area being checked.’’ 

Reporting Requirement 

(h) At the applicable time specified in 

paragraph (h)(1) or (h)(2) of this AD: Submit 

a report of the positive findings of the 

inspections required by paragraph (g) of this 

AD. Send the report to the Manager, Wichita 

ACO. The report must contain, at a 

minimum, the inspection results, a 

description of any discrepancies found, the 

airplane serial number, and the number of 

flight cycles and flight hours on the airplane 

since installation of the STC. 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 contained in this AD and has 

assigned OMB Control Number 2120–0056. 

(1) If the inspection was done on or after 

the effective date of this AD: Submit the 

report within 30 days after the inspection. 

(2) If the inspection was done before the 

effective date of this AD: Submit the report 

within 30 days after the effective date of this 

AD. 

Special Flight Permit 

(i) 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), may be issued to operate the 

airplane to a location where the requirements 

of this AD can be accomplished, but 

concurrence by the Manager, Wichita ACO, 

FAA, is required prior to issuance of the 

special flight permit. 

Alternative Methods of Compliance 

(AMOCs) 

(j) The Manager, Wichita 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 Griffith, Aerospace Engineer, 

Airframe Branch, ACE–118W, FAA, Wichita 

ACO, 1801 Airport Road, Room 100, MidContinent Airport, Wichita, Kansas 67209; 

telephone (316) 946–4116; fax (316) 946– 

4107. 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. 

Related Information 

(k) None. 

Issued in Renton, Washington, on January 

7, 2010. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–698 Filed 1–15–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0043; Directorate 

Identifier 2009–NM–128–AD] 

RIN 2120–AA64 

Airworthiness Directives; McDonnell 

Douglas Corporation Model DC–10–10, 

DC–10–10F, and MD–10–10F 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 

McDonnell Douglas Model DC–10–10, 

DC–10–10F, and MD–10–10F airplanes. 

This proposed AD would require a onetime high frequency eddy current 

inspection of fastener holes for cracks at 

the left and right side wing rear spar 

lower cap at station Xors=345, and other 

specified and corrective actions if 

necessary. This proposed AD results 

from a report of three instances of 

Model DC–10–10F airplanes having fuel 

leaks in the wing rear spar lower cap at 

station Xors=345. We are proposing this 

AD to prevent cracks in the spar cap, 

which if not corrected could lead to 

cracking of the lower wing skin, fuel 

leaks, and the inability of the structure 

to sustain limit load. 

DATES: We must receive comments on 

this proposed AD by March 5, 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. 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

2832 Federal Register / Vol. 75, No. 11 / Tuesday, January 19, 2010 / Proposed Rules 

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 or 425–227–1152. 

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: Carl 

Fountain, Aerospace Engineer, Airframe 

Branch, ANM–120L, FAA, Los Angeles 

Aircraft Certification Office, 3960 

Paramount Boulevard, Lakewood, 

California 90712–4137; telephone (562) 

627–5322; 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–2010–0043; Directorate Identifier 

2009–NM–128–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 

We have received a report of three 

instances of Model DC–10–10F 

airplanes having fuel leaks in the wing 

rear spar lower cap at station Xors=345. 

Investigation revealed the fuel leak was 

due to a crack in the lower cap. This 

crack extended into all three legs (aft, 

forward, and vertical) of the spar cap. 

Analysis of the cracked portion of the 

spar cap determined that the crack was 

due to fatigue and began at a fastener 

hole in the forward leg of the spar cap. 

This condition, if not corrected, could 

lead to cracking of the lower wing skin, 

fuel leaks, and the inability of the 

structure to sustain limit load. 

Relevant Service Information 

We have reviewed Boeing Alert 

Service Bulletin DC10–57A157, dated 

May 12, 2009. The service bulletin 

describes procedures for: 

• Doing a high frequency eddy 

current inspection of fastener holes for 

cracking at the left and right side wing 

rear spar lower cap. 

• Cold working open holes and 

installing new second oversize fasteners 

in the left and right side wing rear spar 

lower cap if no cracking is found. 

• Contacting Boeing for repair 

instructions and doing the repair if 

cracking is found. 

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, except as 

discussed under ‘‘Differences Between 

the Proposed AD and Service Bulletin.’’ 

Differences Between the Proposed AD 

and Service Bulletin 

The service bulletin specifies to 

contact the manufacturer for 

instructions on how to repair certain 

conditions, but this proposed AD would 

require repairing those conditions in 

one of the following ways: 

• Using a method that we approve; or 

• Using data that meet the 

certification basis of the airplane, and 

that have been approved by the Boeing 

Commercial Airplanes Organization 

Designation Authorization (ODA) that 

we have authorized to make those 

findings. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 68 airplanes of U.S. 

registry. The following table provides 

the estimated costs for U.S. operators to 

comply with this proposed AD. 

TABLE—ESTIMATED COSTS

Action Work hours 

Average 

labor rate 

per hour 

Cost per 

product 

Number of 

U.S.- 

registered 

airplanes 

Fleet cost 

Inspection ................................................................................................. 2 $80 $160 68 $10,880 

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 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

Federal Register / Vol. 75, No. 11 / Tuesday, January 19, 2010 / Proposed Rules 2833 

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: 

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–2010–0043; Directorate Identifier 

2009–NM–128–AD. 

Comments Due Date 

(a) We must receive comments by March 5, 

2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to McDonnell Douglas 

Corporation Model DC–10–10, DC–10–10F, 

and MD–10–10F airplanes, certificated in any 

category, as specified in Boeing Alert Service 

Bulletin DC10–57A157, dated May 12, 2009. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 57: Wings. 

Unsafe Condition 

(e) This AD results from a report of three 

instances of Model DC–10–10F airplanes 

having fuel leaks in the wing rear spar lower 

cap at station Xors=345. The Federal 

Aviation Administration is issuing this AD to 

prevent cracking in the spar cap, which 

could lead to cracking of the lower wing skin, 

fuel leaks, and the inability of the structure 

to sustain limit load. 

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 3,000 flight cycles after the 

effective date of this AD, do a one-time high 

frequency eddy current inspection for 

cracking of fastener holes at the left and right 

side wing rear spar lower cap at station 

Xors=345, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin DC10–57A157, dated May 

12, 2009. 

(1) If no cracking is found, before further 

flight, cold work open holes and install new 

second oversize fasteners and nut assemblies 

in the left and right side wing rear spar lower 

cap, in accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

DC10–57A157, dated May 12, 2009. 

(2) If any cracking is found during any 

inspection required by this AD, before further 

flight, repair the left and right side wing rear 

spar lower cap using a method approved in 

accordance with the procedures specified in 

paragraph (h) of this AD. 

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: Carl 

Fountain, Aerospace Engineer, Airframe 

Branch, ANM–120L, FAA, Los Angeles ACO, 

3960 Paramount Boulevard, Lakewood, 

California 90712–4137; telephone (562) 627– 

5322; 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. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD, if it is approved by the 

Boeing Commercial Airplanes Organization 

Designation Authorization (ODA) that has 

been authorized by the Manager, Los Angeles 

ACO, to make those findings. For a repair 

method to be approved, the repair must meet 

the certification basis of the airplane and 14 

CFR 25.571, Amendment 45, and the 

approval must specifically refer to this AD. 

Issued in Renton, Washington, on January 

8, 2010. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–699 Filed 1–15–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0996] 

RIN 1625–AA00 

Safety Zones; Hydroplane Races 

Within the Captain of the Port Puget 

Sound Area of Responsibility 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish permanent safety zones for 

Hydroplane Races to take place on 

various dates on the waters of Dyes 

Inlet, Port Angeles and Lake 

Washington, WA. When these safety 

zones are activated, and thus subject to 

enforcement, this rule would limit the 

movement of non-participating vessels 

within the established race areas while 

hydroplane races are taking place. This 

proposed rule is needed to ensure the 

safety of the maritime public from 

inherent dangers associated with highspeed watercraft races on navigable 

waterways during these events. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before March 22, 2010. Requests for 

public meetings must be received by the 

Coast Guard on or before 45 days after 

date of publication in the Federal 

Register. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–0996 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail ENS Ashley M. 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS