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

44937 

Vol. 73, No. 149 

Friday, August 1, 2008 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0736; Directorate 

Identifier 2008–NM–102–AD] 

RIN 2120–AA64 

Airworthiness Directives; McDonnell 

Douglas Model DC–9–14, DC–9–15, 

and DC–9–15F Airplanes, and DC–9– 

20, DC–9–30, DC–9–40, and DC–9–50 

Series 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 airplanes listed 

above. This proposed AD would require 

installing a dam assembly for the 

container of the fuel boost pump of the 

center tank located in the right main 

tank, and doing the related investigative 

actions, and corrective actions if 

necessary. This proposed AD results 

from fuel system reviews conducted by 

the manufacturer. We are proposing this 

AD to prevent the center tank fuel boost 

pump from operating in a fuel vapor 

zone and becoming a potential ignition 

source in the right main tank, 

potentially resulting in a fuel tank 

explosion and consequent loss of the 

airplane. 

DATES: We must receive comments on 

this proposed AD by September 15, 

2008. 

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 AD, contact Boeing Commercial 

Airplanes, Long Beach Division, 3855 

Lakewood Boulevard, Long Beach, 

California 90846, Attention: Data and 

Service Management, Dept. C1–L5A 

(D800–0024). 

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: 

William S. Bond, Aerospace Engineer, 

Propulsion Branch, ANM–140L, FAA, 

Los Angeles Aircraft Certification 

Office, 3960 Paramount Boulevard, 

Lakewood, California 90712–4137; 

telephone (562) 627–5253; 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–2008–0736; Directorate Identifier 

2008–NM–102–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 

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. 


jlentini on PROD1PC65 with PROPOSALS
44938 Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Proposed Rules 

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. 

The manufacturer has found that a 

potential ignition source may occur in 

the boost pump container of the center 

fuel tank located in the right main tank. 

When the center fuel tank level is low, 

fuel from the boost pump container of 

the center fuel tank is drained allowing 

pumps to operate in a fuel vapor zone. 

Installing a dam in the boost pump 

container of the center fuel tank raises 

the retained fuel level in the container, 

keeping the boost pumps and 

connectors submerged in fuel. When the 

center fuel tank level is low, this 

condition, if not corrected, could cause 

a potential ignition source if a pump 

motor case or connector burn through 

occurred, resulting in a fuel tank 

explosion and consequent loss of the 

airplane. 

Relevant Service Information 

We have reviewed Boeing Service 

Bulletin DC9–28–216, dated March 18, 

2008. The service bulletin describes 

procedures for installing a dam 

assembly for the container of the fuel 

boost pump of the center tank located in 

the right main tank and doing the 

related investigative and applicable 

corrective actions. The related 

investigative action is doing a leak 

check on the installation, and the 

applicable corrective action is 

reapplying sealant to repair any leak 

detected. 

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 413 airplanes of U.S. 

registry. We also estimate that it would 

take about 3 or 7 work-hours per 

product, depending on airplane 

configuration, to comply with this 

proposed AD. The average labor rate is 

$80 per work-hour. Required parts 

would cost $1,142 or $1,697 per 

product, depending on configuration of 

the airplane. Based on these figures, we 

estimate the cost of this proposed AD to 

the U.S. operators to be $570,766 or 

$932,141, or $1,382 or $2,257 per 

product, depending on configuration of 

the airplane. 

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, 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: Docket No. FAA–2008–

0736; Directorate Identifier 2008–NM–

102–AD. 

Comments Due Date 

(a) We must receive comments by 

September 15, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to McDonnell Douglas 

Model DC–9–14, DC–9–15, DC–9–15F, DC–

9–21, DC–9–31, DC–9–32, DC–9–32 (VC–9C), 

DC–9–32F, DC–9–33F, DC–9–34, DC–9–34F, 

DC–9–32F (C–9A, C–9B), DC–9–41, and DC–

9–51 airplanes, certificated in any category; 

as identified in Boeing Service Bulletin DC9–

28–216, dated March 18, 2008. 

Unsafe Condition 

(d) This AD results from fuel system 

reviews conducted by the manufacturer. We 

are issuing this AD to prevent the center tank 

fuel boost pump from operating in a fuel 

vapor zone and becoming a potential ignition 

source in the right main tank, potentially 

resulting in a fuel tank explosion and 

consequent loss of the airplane. 

Compliance 

(e) Comply with this AD within the 

compliance times specified, unless already 

done. 

Install Dam Assembly 

(f) Within 60 months after the effective 

date of this AD, install a dam assembly for 

the container of the fuel boost pump of the 

center tank located in the right main tank, 

and do the related investigative and 

applicable corrective actions, by 

accomplishing all the actions specified in the 

Accomplishment Instructions of Boeing 

Service Bulletin DC9–28–216, dated March 

18, 2008. Do the applicable corrective actions 

before further flight. 

Alternative Methods of Compliance 

(AMOCs) 

(g)(1) The Manager, FAA, Los Angeles 

Aircraft Certification Office, ATTN: William 

S. Bond, Aerospace Engineer, Propulsion 

Branch, ANM–140L, FAA, Los Angeles 

Aircraft Certification Office, 3960 Paramount 

Boulevard, Lakewood, California 90712–

4137; telephone (562) 627–5253; fax (562) 

627–5210; has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. 

(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, 


jlentini on PROD1PC65 with PROPOSALS
Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Proposed Rules 44939 

1 72 FR 39764 (July 20, 2007). 

2Letter dated August 20, 2007 from CME Group 

(CME); Letter dated August 20, 2007 from CBOE 

Futures Exchange (CFE); Letter dated August 23, 

2007 from New York Mercantile Exchange, Inc. 

(NYMEX). 

3A registered entity is defined in section 1a(29) 

of the Commodity Exchange Act (Act) as a DCM 

under section 5 of the Act (including section 5f), a 

DTEF registered under section 5a of the Act, and 

a DCO registered under section 5b of the Act. 

Section 5f of the Act, along with part 41 of the 

Commission’s regulations, establishes requirements 

for national securities exchanges, national securities 

associations and alternative trading systems 

registered with the Securities and Exchange 

Commission to notice register with the Commission 

in order to list security futures products (i.e., 

futures on a single equity security and futures on 

narrow-based security indexes). 

4 Incentive programs typically are created by a 

registered entity to increase volume of trading and 

liquidity for new product launches or in markets 

that for other reasons have low trading volume. In 

general, registered entities have requested 

confidential treatment for the name of the market 

maker(s), the compensation arrangements provided 

by the registered entity, trade priorities (i.e., 

percentage of the order flow), and the bid/ask 

spread level. 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

Issued in Renton, Washington, on July 23, 

2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–17620 Filed 7–31–08; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Parts 40, 41, and 145 

RIN 3038–AC44 

Confidential Information and 

Commission Records and Information 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice of proposed rulemaking, 

reproposal. 

SUMMARY: On July 20, 2007, the 

Commission published in the Federal 

Register a notice of proposed 

rulemaking to amend the procedures 

under which designated contract 

markets (DCMs), derivatives clearing 

organizations (DCOs), and derivatives 

transaction execution facilities (DTEFs) 

(collectively, ‘‘registered entities’’) may 

request confidential treatment for 

products and rules submitted via 

certification procedures or for 

Commission review and approval under 

parts 40 and 41 of the Commission’s 

regulations.1 Under the proposed 

amendments to Commission regulation 

40.8, registered entities filing product 

and rule submissions would follow a 

procedure separate from the customary 

Freedom of Information Act (FOIA) 

confidential treatment procedures 

specified in Commission regulation 

145.9, 17 CFR 145.9. As proposed to be 

amended, regulation 40.8(c) provided 

that: registered entities submitting 

material under parts 40 and 41 would be 

required to file a detailed written 

justification simultaneously with the 

request for confidential treatment; 

registered entities submitting material 

under parts 40 and 41 would be 

required to segregate material for which 

confidential treatment is requested in an 

appendix to the submission; and 

Commission staff may make an initial 

determination to grant or deny 

confidential treatment to such material 

before receiving a request under the 

FOIA. Regulation 40.8(c) is being 

reproposed to clarify that an initial 

determination by staff to deny 

confidential treatment may be appealed 

to the Commission’s Office of General 

Counsel and that such an appeal will 

stay release of the material. The 

Commission believes these 

amendments, by creating a separate 

confidential treatment review process 

for filings under parts 40 and 41, will 

enhance the Commission’s ability to 

provide the public with immediate 

access to non-confidential information. 

The Commission received comments 

from three registered entities in 

response to the proposed rulemaking.2

Two commenters expressed concerns 

with the amendments themselves and 

questioned the adequacy of the 

Commission’s explanation for proposing 

the changes. In response to those 

comments, the Commission has 

determined to re-propose the 

amendments to regulation 40.8 to: 

clarify the procedure for seeking review 

of an adverse determination; amend 

appendix D to part 40 by adding to the 

submission cover sheet a box to be 

checked if confidential treatment is 

requested for any part of the underlying 

submission, in order to assist staff in 

efficiently and accurately posting 

publicly available information on the 

Commission’s Web site; and amend 

Commission regulation 145.9(b) to 

clarify that its procedures for requesting 

confidential treatment do not apply to 

submissions filed under parts 40 and 41. 

The Commission further intends in this 

reproposal to more fully address its 

reasons for the proposed amendments 

and to explain the distinction between 

the proposed procedure and the 

procedures specified in regulation 

145.9. 

DATES: Submit comments on or before 

September 2, 2008. Comments 

previously submitted need not be 

resubmitted. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. 

• Mail/Hand Deliver: David Stawick, 

Secretary of the Commission, 

Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street, NW., Washington, DC 

20581. 

• E-mail: secretary@cftc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Susan Nathan, Senior Special Counsel, 

(202) 418–5133, Division of Market 

Oversight, Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street, NW., Washington, DC 

20581. Electronic mail: 

snathan@cftc.gov. This document is also 

available at http://www.regulations.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Overview 

Part 40 of the Commission’s 

regulations sets forth the standards and 

procedures to be followed by registered 

entities 3 for listing products for trading 

by certification to the Commission; 

voluntary submission of new products 

for Commission review and approval; 

amendments to terms or conditions of 

enumerated agricultural contracts; 

voluntary submission of rules for 

Commission review and approval; and 

self-certification of rules by DCMs and 

DCOs. Part 41 of the regulations 

provides standards and procedures for 

filing required information with respect 

to security futures products. Although 

much of the information required by 

parts 40 and 41 is made public by 

statute, regulation or agency practice, 

the Commission has observed an 

increase over the past several years in 

the number of confidential treatment 

requests for filings submitted under 

these parts. Most, but not all of these 

requests for confidential treatment have 

been submitted to the Commission in 

connection with market maker and 

other incentive programs (collectively, 

incentive programs).4

B. Freedom of Information Act 

Most requests for confidential 

treatment are made pursuant to the 

Freedom of Information Act, 5 U.S.C. 

552 (FOIA), which provides generally 

that the public has a right of access to 

federal agency records except to the 

extent such records, or portions of them, 

are protected from disclosure by one or 


jlentini on PROD1PC65 with PROPOSALS