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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Federal Register / Vol. 75, No. 122 / Friday, June 25, 2010 / Proposed Rules 36301 

proposed rulemaking (NPRM) published 

in the Federal Register on June 8, 2010, 

which, among other issues, solicits 

comments on options to provide greater 

access to air travel for persons with 

peanut allergies. The June 8 document 

also proposes action to strengthen the 

rights of air travelers in the event of 

oversales, flight cancellations and long 

delays, and to ensure that passengers 

have accurate and adequate information 

to make informed decisions when 

selecting flights. 

DATES: Comments should be filed by 

August 9, 2010. Late-filed comments 

will be considered to the extent 

practicable. 

ADDRESSES: You may file comments 

identified by the docket number DOT– 

OST–2010–0140 by any of the following 

methods: 

• Federal Rulemaking Portal: go to 

http://www.regulations.gov and follow 

the online instructions for submitting 

comments. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Ave., SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Ave., SE., between 9 

a.m. and 5 p.m. ET, Monday through 

Friday, except Federal Holidays. 

• Fax: (202) 493–2251. 

Instructions: You must include the 

agency name and docket number DOT– 

OST–2010–0140 or the Regulatory 

Identification Number (RIN) for the 

rulemaking at the beginning of your 

comment. All comments received will 

be posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received in any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.) You may 

review DOT’s complete Privacy Act 

statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78), or you may visit http:// 

DocketsInfo.dot.gov. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov or to the street 

address listed above. Follow the online 

instructions for accessing the docket. 

FOR FURTHER INFORMATION CONTACT: 

Daeleen Chesley, Senior Trial Attorney, 

Office of the Assistant General Counsel 

for Aviation Enforcement and 

Proceedings, Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

(202) 366–6792, 

daeleen.chesley@dot.gov. 

You may also contact Blane Workie, 

Deputy Assistant General Counsel at the 

same address, (202) 366–9342, 

blane.workie@dot.gov. Arrangements to 

receive this notice in an alternative 

format may be made by contacting the 

above named individuals. 

SUPPLEMENTARY INFORMATION: Pilot 

Project on Open Government and the 

Rulemaking Process: Pursuant to the 

notice of proposed rulemaking (NPRM) 

published June 8, 2010, persons who 

desire may provide input on this 

rulemaking using the social networking 

pilot project, Regulation Room, 

established by DOT in partnership with 

the Cornell eRulemaking Initiative 

(CeRI). You may visit the Regulation 

Room Web site, http:// 

www.regulationroom.org, to learn about 

the NPRM and that process. For 

questions about this project, please 

contact Brett Jortland in the DOT Office 

of General Counsel at 202.421.9216 or 

brett.jortland@dot.gov. 

Clarification of Notice of Proposed 

Rulemaking 

On June 8, 2010, the Department 

published an NPRM on Enhancing 

Airline Passenger Protections (75 FR 

32318), which, among other things, 

solicits comment, without proposing 

any specific rule text, on three options 

that would provide greater access to air 

travel for persons with peanut allergies. 

The NPRM also sought comment on 

whether it would be preferable to 

maintain the current practice of not 

prescribing carrier practices concerning 

the serving of peanuts. (75 FR 32318, 

32332) 

We wish to clarify that, as alluded to 

in the NPRM, we recognize that Section 

346 of the Department of Transportation 

and Related Agencies Appropriations 

Act of 2000, Public Law 106–69—Oct. 9, 

1999 states: 

Hereafter, none of the funds made available 

under this Act or any other Act, may be used 

to implement, carry out, or enforce any 

regulation issued under section 41705 of title 

49, United States Code, including any 

regulation contained in part382 of title 14, 

Code of Federal Regulations, or any other 

provision of law (including any Act of 

Congress, regulation, or Executive order or 

any official guidance or correspondence 

thereto), that requires or encourages an air 

carrier (as that term is defined in section 

40102 of title 49, United States Code) to, on 

intrastate or interstate air transportation (as 

those terms are defined in section 40102 of 

title 49, United States Code)—(1) provide a 

peanut-free buffer zone or any other related 

peanut-restricted area; or (2) restrict the 

distribution of peanuts, until 90 days after 

submission to the Congress and the Secretary 

of a peer-reviewed scientific study that 

determines that there are severe reactions by 

passengers to peanuts as a result of contact 

with very small airborne peanut particles of 

the kind that passengers might encounter in 

an aircraft. 

We will comply with this requirement. 

List of Subjects 

14 CFR Parts 234, 250, and 259 

Air carriers, Consumer protection, 

Reporting and recordkeeping 

requirements. 

14 CFR Part 244 

Air carriers, Consumer protection, 

Tarmac delay data. 

14 CFR Part 253 

Air carriers, Consumer protection, 

Contract of carriage. 

14 CFR Part 399 

Administrative practice and 

procedure, Air carriers, Air rates and 

fares, Air taxis, Consumer protection, 

Small businesses. 

Issued June 22, 2010, at Washington DC. 

Ray LaHood, 

Secretary of Transportation. 

[FR Doc. 2010–15536 Filed 6–23–10; 11:15 am] 

BILLING CODE 4910–9X–P 

SUSQUEHANNA RIVER BASIN 

COMMISSION 

18 CFR Parts 806 and 808 

Review and Approval of Projects 

AGENCY: Susquehanna River Basin 

Commission. 

ACTION: Notice of proposed rulemaking 

and public hearing. 

SUMMARY: This document contains 

proposed rules that would amend the 

project review regulations of the 

Susquehanna River Basin Commission 

(Commission) to: Include subsidiary 

allocations for public water supply 

systems under the scope of withdrawals 

requiring review and approval; improve 

notice procedures for all project 

applications; clarify requirements for 

grandfathered projects increasing their 

withdrawals from an existing source or 

initiating a new withdrawal; refine the 

provisions governing transfer and reissuance of approvals; clarify the 

Executive Director’s authority to grant, 

deny, suspend, rescind, modify or 

condition an Approval by Rule; include 

decisional criteria for diversions into 

the basin; amend administrative appeal 

procedures to broaden available 

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