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

31640 

Vol. 74, No. 126 

Thursday, July 2, 2009 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0978; Directorate 

Identifier 2008–NM–014–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 767–200, –300, and –300F 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 

Boeing Model 767–200, –300, and 

–300F series airplanes. For certain 

airplanes, this proposed AD would 

require modifying the fuel quantity 

indicating system (FQIS) densitometer. 

For certain other airplanes, this 

proposed AD would require replacing 

the existing hot short protector (HSP) on 

the FQIS densitometer with a new HSP. 

The proposed AD would also require 

revising the Airworthiness Limitations 

(AWL) section of the Instructions for 

Continued Airworthiness to incorporate 

AWL No. 28–AWL–22. This proposed 

AD results from fuel system reviews 

conducted by the manufacturer. We are 

proposing this AD to prevent the center 

tank fuel densitometer from overheating 

and becoming a potential ignition 

source inside the center fuel tank, 

which, in combination with flammable 

fuel vapors, could result in a center fuel 

tank explosion and consequent loss of 

the airplane. 

DATES: We must receive comments on 

this proposed AD by August 17, 2009. 

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 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: 

Georgios Roussos, Aerospace Engineer, 

Systems and Equipment Branch, ANM– 

130S, FAA, Seattle Aircraft Certification 

Office, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 917–6482; 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–2008–0978; Directorate Identifier 

2008–NM–014–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 

Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Proposed Rules 31641 

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. 

Boeing found that no separation was 

provided for the fuel quantity indication 

system (FQIS) wires. A potential hot 

short of the FQIS lead wire would cause 

the center fuel tank densitometer to 

overheat. In situations where the fuel 

level in the center tank is low, the 

overheated densitometer could ignite 

flammable fuel vapors inside the center 

fuel tank. This condition, if not 

corrected, could result in a center fuel 

tank explosion and consequent loss of 

the airplane. 

Other Related Rulemaking 

On May 8, 2008, we issued AD 2008– 

11–01, amendment 39–15523 (73 FR 

29414, May 21, 2008), applicable to 

certain Boeing Model 767–200, –300, 

–300F, and –400ER series airplanes. 

That AD requires revising the 

Airworthiness Limitations (AWL) 

section of the Instructions for Continued 

Airworthiness to incorporate new AWLs 

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. Incorporating AWL No. 

28–AWL–22 into the FAA-approved 

maintenance program in accordance 

with paragraph (g)(2) of AD 2008–11–01 

would terminate the action specified in 

paragraph (h) of this proposed AD. 

Relevant Service Information 

We have reviewed Boeing Service 

Bulletin 767–28A0094, Revision 1, 

dated April 23, 2009. For Group 1 

airplanes, Group 2 airplanes, 

Configuration 1, and Group 3 airplanes, 

the service bulletin describes 

procedures for modifying the FQIS 

densitometer. The modification 

includes installing new hot short 

protector (HSP) support brackets and 

grounding brackets, installing a HSP 

and bonding jumper, rerouting certain 

wire bundles, and installing new wire 

bundles. Group 2 airplanes, 

Configuration 2, on which Boeing 

Service Bulletin 767–28–0043 has not 

been incorporated, will have the 

Honeywell densitometer installed; 

therefore, no work is necessary. For 

Group 4 airplanes, the service bulletin 

describes procedures for replacing the 

existing HSP with a new HSP. 

We have reviewed Revision March 

2009 of Section 9 (‘‘AIRWORTHINESS 

LIMITATIONS (AWLs) AND 

CERTIFICATION MAINTENANCE 

REQUIREMENTS (CMRs)’’) of the 

Boeing 767 Maintenance Planning Data 

(MPD) Document, D622T001–9 

(hereafter referred to as ‘‘the MPD’’) of 

the MPD, which describes AWLs for 

fuel tank systems. The MPD includes 

fuel system AWL No. 28–AWL–22, 

which is a critical design configuration 

control limitation (CDCCL) to maintain 

the design features of the center fuel 

tank HSP during its replacement. 

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 the same 

type design. This proposed AD would 

require the following actions: 

• Modifying the FQIS densitometer 

for certain airplanes, and replacing the 

existing HSP with a new HSP for certain 

other airplanes. 

• Revising the FAA-approved 

maintenance program to incorporate 

AWL No. 28–AWL–22, which would 

require maintaining the design features 

of the center fuel tank HSP during its 

replacement. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 192 airplanes of U.S. 

registry. The following table provides 

the estimated costs for U.S. operators to 

comply with this proposed AD. 

ESTIMATED COSTS

Affected airplane 

groups/action Work hours 

Average 

labor rate 

per hour 

Parts Cost per product 

Number of 

U.S.- 

registered 

airplanes 

Fleet cost 

Group 1, Group 2, Configuration 1, and Group 3, modification.Between 4 and 8 $80 Between $11,377 

and $14,376.

Between $11,697 

and $15,016.

191 Between 

$2,234,127 and 

$2,868,056. 

Group 4, replacement ........... 2 ......................... 80 None .................. $160 ................... 1 $160. 

AWL revision ......................... 1 ......................... 80 None .................. $80 ..................... 192 $15,360. 

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: 

31642 Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Proposed Rules 

1The Commission anticipates that most reporting 

entities will be designated contract markets, but 

they could be any registered entity that provides 

trade data to the Commission on a regular basis. 

2Under the CFTC’s Large Trader Record Format, 

special account numbers contain two elements: (1) 

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, Incorporation by 

Reference. 

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: 

Boeing: Docket No. FAA–2008–0978; 

Directorate Identifier 2008–NM–014–AD. 

Comments Due Date 

(a) We must receive comments by August 

17, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Boeing Model 767– 

200, –300, and –300F series airplanes, 

certificated in any category; as identified in 

Boeing Service Bulletin 767–28A0094, 

Revision 1, dated April 23, 2009. 

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) 

according to paragraph (k) 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. 

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 densitometer from overheating and 

becoming a potential ignition source inside 

the center fuel tank, which, in combination 

with flammable fuel vapors, could result in 

a center fuel tank explosion and consequent 

loss of the airplane. 

Compliance 

(e) Comply with this AD within the 

compliance times specified, unless already 

done. 

Modify the Fuel Quantity Indicating System 

(FQIS) Densitometer/Replace Hot Short 

Protector (HSP) 

(f) Within 60 months after the effective 

date of this AD, do the actions specified in 

paragraphs (f)(1) and (f)(2) of this AD, as 

applicable, in accordance with the 

Accomplishment Instructions of Boeing 

Service Bulletin 767–28A0094, Revision 1, 

dated April 23, 2009. 

(1) For Group 1 airplanes, Group 2 

airplanes, Configuration 1, and Group 3 

airplanes: Modify the fuel quantity indicating 

system (FQIS) densitometer. 

(2) For Group 4 airplanes: Replace the 

existing HSP with a new HSP. 

Credit for Service Information 

Accomplished Previously 

(g) Actions done before the effective date 

of this AD in accordance with Boeing Alert 

Service Bulletin 767–28A0094, dated 

November 20, 2007; are acceptable for 

compliance with the requirements of 

paragraph (f) of this AD. 

Airworthiness Limitations (AWL) Revision 

(h) Concurrently with accomplishing the 

actions required by paragraph (f) of this AD, 

revise the AWL section of the Instructions for 

Continued Airworthiness by incorporating 

AWL No. 28–AWL–22 of the Boeing 767 

Maintenance Planning Data (MPD) 

Document, D622T001–9, Section 9, Revision 

March 2009. 

No Alternative Critical Design Configuration 

Control Limitations (CDCCL) 

(i) After the actions specified in paragraph 

(g) of this AD have been accomplished, no 

alternative CDCCL for AWL No. 28–AWL–22 

may be used; unless the CDCCL is approved 

as an AMOC in accordance with the 

procedures specified in paragraph (k) of this 

AD. 

Terminating Action for AWL Revision 

(j) Incorporating AWL No. 28–AWL–22 

into the AWL section of the Instructions for 

Continued Airworthiness in accordance with 

paragraph (g)(2) of AD 2008–11–01, 

amendment 39–15523, terminates the action 

required by paragraph (h) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(k)(1) The Manager, Seattle 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: 

Georgios Roussos, Aerospace Engineer, 

Systems and Equipment Branch, ANM–130S, 

1601 Lind Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 917–6482; fax 

(425) 917–6590. Or, e-mail information to 9- 

ANM-Seattle-ACO-AMOC–Requests@faa.gov. 

(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 24, 

2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–15618 Filed 7–1–09; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 16 

RIN 3038–AC63 

Account Ownership and Control 

Report 

AGENCY: Commodity Futures Trading 

Commission (‘‘Commission’’). 

ACTION: Advanced notice of proposed 

rulemaking (‘‘Advanced Notice’’) and 

request for public comment. 

SUMMARY: The Commission has 

determined to collect certain ownership, 

control, and related information for all 

trading accounts active on U.S. futures 

exchanges. The information collected 

will enhance market transparency, 

leverage the Commission’s existing 

surveillance systems, and foster 

synergies between its market 

surveillance, trade practice, 

enforcement, and economic research 

programs. The Commission will collect 

relevant data via an account 

‘‘Ownership and Control Report’’ 

(‘‘OCR’’) submitted periodically by all 

reporting entities.1 Tentatively, the OCR 

will include a trading account number; 

the names and addresses of the 

account’s owners and controllers; the 

last four digits of the owners’ and 

controllers’ social security or tax ID 

numbers; the special account number, if 

one has been assigned; an indication of 

whether the account is a reportable 

account pursuant to large trader 

thresholds set forth under Part 18 of the 

Commission’s regulations; and other 

relevant information.2 This Advanced