[Federal Register Volume 75, Number 127 (Friday, July 2, 2010)]
[Rules and Regulations]
[Pages 38422-38423]
[FR Doc No: 2010-16159]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 40

[Docket OST-2008-0088]
RIN OST 2105-AD84

Procedures for Transportation Workplace Drug and Alcohol Testing
Programs

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

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SUMMARY: The Department of Transportation published a final rule
authorizing the use of an updated Alcohol Testing Form with a mandatory
start date of August 1, 2010. The Department subsequently learned the
industry might not use all the forms by that mandatory use date. To
avoid wasting the forms, the Department is extending the mandatory use
date to January 1, 2011.

DATES: This rule is effective July 2, 2010.

FOR FURTHER INFORMATION CONTACT: For program issues, Bohdan Baczara,
Office of Drug and Alcohol Policy and Compliance, 1200 New Jersey
Avenue, SE., Washington, DC 20590;<PHONE_NUMBER> (voice), (202) 366-
3897 (fax), or<EMAIL_ADDRESS>(e-mail).

SUPPLEMENTARY INFORMATION:

Background and Purpose

    On February 25, 2010, the Department published a final rule [75 FR
8528] updating the Alcohol Testing Form (ATF). The Department
anticipated that employers and alcohol testing technicians could have a
supply of old ATFs and, to avoid unnecessarily wasting these forms, the
Department permitted the use of the old ATF until August 1, 2010.
Employers were authorized to begin using the updated ATF immediately.
    Since the final rule was published, the Department became aware
that some vendors of the ATF might not be able to deplete their current
supply of the ATFs before the August 1, 2010 implementation date. In
light of this new information and to avoid wasting already printed
forms, on May 11, 2010, the Department published a notice of proposed
rulemaking [75 FR 26183] to propose to extend the implementation date
to January 1, 2011.

Discussion of Comments to the Docket

    There were fifteen commenters, including alcohol testing device
manufacturers and suppliers, third party administrators, a medical
facility, individuals and a trade association. The commenters
unanimously agreed to extend the mandatory use date to January 1, 2011,
citing that the extra time to use the old form will enable them to
reduce their inventory of alcohol testing forms and give them the
necessary time to design, print and distribute the new form. The
commenters also appreciated the Department's sensitivity to minimizing
the unnecessary waste of paper and expense that would have been caused
by throwing away forms that could no longer be used. One commenter
suggested for the Department to permit the use of the old ATF past the
proposed mandatory use date of January 1, 2011. Two commenters asked
for guidance on what would happen if an old ATF was used past the
January 1, 2011 mandatory use date.
    The Department agrees with the commenters that extending the
mandatory use date from August 1, 2010 to January 1, 2011 will enable
regulated employers and their service agents to reduce their inventory
of old alcohol testing forms and give them sufficient time to design,
print, and distribute the new ATF. As such, the final rule will reflect
this new date. Regarding the use of the old ATF past the January 1,
2011 date, the Department expects that the ten month transition period
from using the old ATF to the new ATF will be sufficient time for
employers and TPAs to ensure the breath alcohol technicians (BATs) that
service them are aware of the new form and have the new form for use by
the January 1, 2011 date. The Department does not see the need to make
a provision for use of the old ATF past the January 1, 2011.

Regulatory Analyses and Notices

    The statutory authority for this proposed rule derives from the
Omnibus Transportation Employee Testing Act of 1991 (49 U.S.C. 102,
301, 322, 5331, 20140, 31306, and 45101 et seq.) and the Department of
Transportation Act (49 U.S.C. 322).
    This proposed rule is a non-significant rule both for purposes of
Executive Order 12886 and the Department of Transportation's Regulatory
Policies and Procedures. The Department certifies that it will not have
a significant economic effect on a substantial number of small
entities, for

purposes of the Regulatory Flexibility Act. The Department makes these
statements on the basis that by extending the implementation date of
the new form, this rule will not impose any significant costs on
anyone. The costs of the underlying Part 40 final rule were analyzed in
connection with its issuance in December 2000. Therefore, it has not
been necessary for the Department to conduct a regulatory evaluation or
Regulatory Flexibility Analysis for this proposed rule. The alcohol
testing form complies with the Paperwork Reduction Act. It has no
Federalism impacts that would warrant a Federalism assessment.

List of Subjects in 49 CFR Part 40

    Administrative practice and procedures, Alcohol abuse, Alcohol
testing, Drug abuse, Drug testing, Laboratories, Reporting and
recordkeeping requirements, Safety, Transportation.

    Issued June 25, 2010, at Washington DC.
Jim L. Swart,
Director.

0
For reasons discussed in the preamble, the Department of Transportation
is amending 49 CFR part 40, Code of Federal Regulations, as follows:

PART 40--PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL
TESTING PROGRAMS

0
1. The authority citation for 49 CFR part 40 continues to read as
follows:

    Authority:  49 U.S.C. 102, 301, 322, 5331, 20140, 31306, and
45101 et seq.

0
2. In Appendix G to Part 40--Alcohol Testing Form, the paragraph is
amended by removing the text ``August 1, 2010'' and adding in its place
``January 1, 2011.''

[FR Doc. 2010-16159 Filed 7-1-10; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register: April 29, 2008 (Volume 73, Number 83)]
[Notices]
[Page 23303-23304]
[DOCID:fr29ap08-123]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), notice is hereby given that the Federal Railroad Administration
(FRA) has received a request for a waiver of compliance from certain
requirements of its safety standards. The individual petition is
described below, including the party seeking relief, the regulatory
provisions involved, the nature of the relief being requested, and the
petitioner's arguments in favor of relief.

Louisville/Jefferson County Metro Government

[Waiver Petition Docket Number FRA-2008-0037]

    The Louisville/Jefferson County Metro Government (Louisville
Metro), seeks a permanent waiver of compliance from a certain provision
of the Use of Locomotive Horns at Highway-Rail Grade Crossings, 49 CFR
Part 222. Louisville Metro intends to establish a Pre-Rule Quiet Zone
that it had previously continued under the provisions of 49 CFR
222.41(c)(1). Louisville Metro is seeking a waiver to extend the
mailing date for a Notice of Intent as provided in 49 CFR
222.41(c)(2)(i)(A) that states that the Notice of Intent must be mailed
by February 24, 2008. The waiver petition requests that the Notice of
Intent that Louisville Metro mailed on March 26, 2008, be accepted as a
valid Notice of Intent even though it was mailed after February 24,
2008.
    All communications concerning these proceedings should identify the
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2008-0037) and may be submitted by any of the following methods:
    Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
    Fax:<PHONE_NUMBER>.
    Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
    Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Communications received within 45 days of the date of this notice
will be considered by FRA before final action is taken. Comments
received after that date will be considered as far as practicable. All
written communications concerning these proceedings are available for
examination during regular business hours (9 a.m.-5 p.m.) at the above
facility. All documents in the public docket are also available for
inspection and copying on the Internet at the docket facility's Web
site at http://www.regulations.gov.
    Anyone is able to search the electronic form of any written
communications and comments received into 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 (Volume 65, Number 70; Pages 19477-78).

    Issued in Washington, DC on April 23, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
 [FR Doc. E8-9034 Filed 4-28-08; 8:45 am]

BILLING CODE 4910-06-P


[Federal Register Volume 83, Number 218 (Friday, November 9, 2018)]
[Notices]
[Pages 56075-56076]
[FR Doc No: 2018-24538]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC19-21-000.
    Applicants: Meadow Lake Wind Farm VI LLC, Prairie Queen Wind Farm
LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act, et al. of Meadow Lake Wind Farm VI LLC, et. al.
    Filed Date: 11/2/18.
    Accession Number: 20181102-5282.
    Comments Due: 5 p.m. ET 11/23/18.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-2130-019.
    Applicants: Forward Energy LLC.
    Description: Supplement to June 15, 2018 Triennial Report and
Change in Fact Notice of Forward Energy LLC.
    Filed Date: 11/2/18.
    Accession Number: 20181102-5234.
    Comments Due: 5 p.m. ET 11/23/18.

    Docket Numbers: ER10-2136-014.
    Applicants: Invenergy Cannon Falls LLC.
    Description: Supplement to June 15, 2018 Triennial Report and
Change in Fact Notice of Invenergy Cannon Falls LLC.
    Filed Date: 11/2/18.
    Accession Number: 20181102-5233.
    Comments Due: 5 p.m. ET 11/23/18.

    Docket Numbers: ER11-4044-020.
    Applicants: Gratiot County Wind LLC.
    Description: Supplement to June 15, 2018 Triennial Report and
Change in Fact Notice of Gratiot County Wind LLC.
    Filed Date: 11/2/18.
    Accession Number: 20181102-5232.
    Comments Due: 5 p.m. ET 11/23/18.

    Docket Numbers: ER11-4046-019.
    Applicants: Gratiot County Wind II LLC.
    Description: Supplement to June 15, 2018 Triennial Report and
Change in Fact Notice of Gratiot County Wind II LLC.
    Filed Date: 11/2/18.
    Accession Number: 20181102-5265.
    Comments Due: 5 p.m. ET 11/23/18.

    Docket Numbers: ER12-164-018.
    Applicants: Bishop Hill Energy III LLC.
    Description: Supplement, et al. to June 15, 2018 Triennial Report
and Change in Fact Notice of Bishop Hill Energy III LLC.
    Filed Date: 11/2/18.
    Accession Number: 20181102-5263.
    Comments Due: 5 p.m. ET 11/23/18.

    Docket Numbers: ER16-1720-007.
    Applicants: Invenergy Energy Management LLC.
    Description: Supplement to June 15, 2018 Triennial Report and
Change in Fact Notice of Invenergy Energy Management LLC.
    Filed Date: 11/2/18.
    Accession Number: 20181102-5231.
    Comments Due: 5 p.m. ET 11/23/18.

    Docket Numbers: ER18-171-002.
    Applicants: Southwest Power Pool, Inc.
    Description: Tariff Amendment: 2236R9 Golden Spread Electric
Cooperative, Inc. NITSA NOA to be effective 10/1/2017.
    Filed Date: 11/2/18.
    Accession Number: 20181102-5193.
    Comments Due: 5 p.m. ET 11/23/18.

    Docket Numbers: ER18-1952-003.

    Applicants: Gulf Power Company.
    Description: Tariff Amendment: Gulf Power Supplemental Response and
Amendment to be effective 12/31/9998.
    Filed Date: 11/2/18.
    Accession Number: 20181102-5183.
    Comments Due: 5 p.m. ET 11/19/18.

    Docket Numbers: ER19-276-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Revisions to Sch. 12-Appx A:
Oct 2018 RTEP, 30-day Comments due Dec 2, 2018 to be effective 1/31/
2019.
    Filed Date: 11/2/18.
    Accession Number: 20181102-5082.
    Comments Due: 5 p.m. ET 12/3/18.

    Docket Numbers: ER19-281-001.
    Applicants: PacifiCorp.
    Description: Tariff Amendment: Amend Filing RS 739 BPA Cnstr Agmt
Hilltop Happy Camp to be effective 1/2/2019.
    Filed Date: 11/2/18.
    Accession Number: 20181102-5223.
    Comments Due: 5 p.m. ET 11/23/18.

    Docket Numbers: ER19-282-000.
    Applicants: Florida Power & Light Company.
    Description: Sec.  205(d) Rate Filing: FPL and LCEC Amendments to
Rate Schedule FERC No. 317 to be effective 4/1/2018.
    Filed Date: 11/2/18.
    Accession Number: 20181102-5163.
    Comments Due: 5 p.m. ET 11/23/18.

    Docket Numbers: ER19-285-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to WMPA SA No.
4768; Queue No. AC1-117 to be effective 8/4/2017.
    Filed Date: 11/2/18.
    Accession Number: 20181102-5178.
    Comments Due: 5 p.m. ET 11/23/18.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: November 5, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-24538 Filed 11-8-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 118 (Wednesday, June 19, 2013)]
[Notices]
[Page 36790]
[FR Doc No: 2013-14550]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2013-0518]

Commercial Fishing Safety Advisory Committee; Vacancies

AGENCY: Coast Guard, DHS.

ACTION: Request for applications.

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SUMMARY: The Coast Guard seeks applications for membership on the
Commercial Fishing Safety Advisory Committee (CFSAC). The CFSAC
provides advice and makes recommendations to the Coast Guard and the
Department of Homeland Security on matters relating to the safe
operation of commercial fishing industry vessels.

DATES: Applicants must submit a cover letter and resume in time to
reach the Designated Federal Officer (DFO) on or before July 26, 2013.

ADDRESSES: Send your cover letter and resume indicating the membership
category for which you are applying via one of the following methods:
     By mail: Commandant (CG-CVC)/CFSAC, U.S. Coast Guard, 2100
Second Street SW., Mail Stop 7581, Washington, DC 20593-7581.
     By fax to<PHONE_NUMBER>.
     By email to<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Mr. Jack Kemerer, Alternate Designated
Federal Officer (ADFO), telephone at<PHONE_NUMBER>, fax<PHONE_NUMBER>, or
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: CFSAC was authorized in Title 46, United
States Code section 4508, as amended by section 604 of the Coast Guard
Authorization Act of 2010 (Pub. L. 111-281) and chartered under the
provisions of the Federal Advisory Committee Act (FACA) to provide
advice and recommendations to the United States Coast Guard and the
Department of Homeland Security (DHS) on matters relating to the safety
of commercial fishing industry vessels.
    CFSAC meets at least once each calendar year. It may also meet for
other extraordinary purposes. Its subcommittees or working groups may
communicate throughout the year to prepare for meetings or develop
proposals for the committee as a whole to address specific tasks.
    The Coast Guard will consider applications for five positions that
expire or become vacant in October 2013 in the following categories:
(a) Commercial Fishing Industry representatives (two positions); (b)
General Public, an independent expert or consultant in maritime safety
(one position); (c) a representative of education or training
professionals related to fishing vessel safety or personnel
qualifications (one position); and (d) a representative of underwriters
that insure commercial fishing vessels (one position).
    CFSAC, as established, consists of 18 members with particular
expertise, knowledge, and experience regarding commercial fishing
industry as follows:
    (a) Ten members who shall represent the commercial fishing industry
and who--(1) reflect a regional and representational balance; and (2)
have experience in the operation of vessels to which Chapter 45 of
Title 46, U.S.C. applies, or as crew member or processing line worker
on a fish processing vessel;
    (b) Three members who shall represent the general public,
including, whenever possible--(1) an independent expert or consultant
in maritime safety; (2) a marine surveyor who provides services to
vessels to which Chapter 45 of Title 46, U.S.C. applies; and (3) a
person familiar with issues affecting fishing communities and families
of fishermen;
    (c) One member each of whom shall represent--(1) naval architects
and marine engineers; (2) manufacturers of equipment for vessels to
which Chapter 45 of Title 46, U.S.C. applies; (3) education or training
professionals related to fishing vessel, fish processing vessel, fish
tender vessel safety or personnel qualifications; (4) underwriters that
insure vessels to which Chapter 45 of Title 46, U.S.C. applies; and (5)
owners of vessels to which Chapter 45 of title 46, U.S.C. applies.
    Each member serves for a term of three years. An individual may be
appointed to more than one term. All members serve at their own expense
and receive no salary from the Federal Government, although travel
reimbursement and per diem may be provided for called meetings.
Registered lobbyists are not eligible to serve on Federal Advisory
Committees. Registered lobbyists are lobbyists required to comply with
provisions contained in the Lobbying Disclosure Act, Title 2, United
States Code, Section 1603.
    The Department of Homeland Security (DHS) does not discriminate in
employment on the basis of race, color, religion, sex, national origin,
political affiliation, sexual orientation, gender identity, marital
status, disability and genetic information, age, membership in an
employee organization, or other non-merit factor. DHS strives to
achieve a widely diverse candidate pool for all of its recruitment
actions.
    If you are selected as a member from the general public category,
you will be appointed and serve as a Special Government Employee (SGE)
as defined in Section 202(a) of Title 18, United States Code. As a
candidate for appointment as SGE, applicants are required to complete a
Confidential Financial Disclosure Report (OGE Form 450). DHS may not
release the reports or the information in them to the public except
under an order issued by a Federal court or as otherwise provided under
the Privacy Act (5 U.S.C. 552a). Applicants can obtain this form by
going to the Web site of the Office of Government Ethics (www.oge.gov),
or by contacting the individual listed above. Applications which are
not accompanied by a completed OGE Form 450 will not be considered.
    If you are interested in applying to become a member of the
Committee, send your application materials to Mr. Jack Kemerer, CFSAC
ADFO via one of the transmittal methods provided above. Indicate the
position you wish to fill and specify your area of expertise, knowledge
and experience that qualifies you to serve on CFSAC. Note that during
the pre-selection vetting process, applicants may be asked to provide
date of birth and social security number.
    To visit our online docket, go to http://www.regulations.gov, enter
the docket number for this notice (USCG-2013-0518) in the Search box,
and click ``Search''. Please do not post your resume or OGE 450 Form on
this site.

    Dated: June 13, 2013.
David S. Fish,
Captain, U.S. Coast Guard, Acting Director of Inspections and
Compliance.
[FR Doc. 2013-14550 Filed 6-18-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: March 16, 2010 (Volume 75, Number 50)]
[Proposed Rules]
[Page 12464-12466]
[DOCID:fr16mr10-12]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

========================================================================

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0228; Directorate Identifier 2009-NM-252-AD]
RIN 2120-AA64

Airworthiness Directives; McDonnell Douglas Corporation Model MD-
11 and MD-11F Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Model MD-11 and MD-11F airplanes. This proposed AD would
require a one-time inspection to detect damage of the wire assemblies
of the tail tank fuel system, a wiring change, and corrective actions
if necessary. This proposed AD results from fuel system reviews
conducted by the manufacturer. We are proposing this AD to detect and
correct a potential of ignition sources inside fuel tanks, which, in
combination with flammable vapors, could result in a fuel tank fire or
explosion, and consequent loss of the airplane.

DATES: We must receive comments on this proposed AD by April 30, 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:<PHONE_NUMBER>.
     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<PHONE_NUMBER>, extension 2; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>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<PHONE_NUMBER> or<PHONE_NUMBER>.

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<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Serj Harutunian, Aerospace Engineer,
Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

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-2010-0228;
Directorate Identifier 2009-NM-252-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.
    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 conducted by the airplane manufacturer has
revealed that wire assemblies of the tail tank fuel system that are
routed together and are in close proximity to the upper surface of the
tail tank are a potential ignition source if wire damage occurs. Also,
during normal maintenance, wire damage may be caused when maintenance
personnel working in the tail tank area inadvertently step on the wire
assemblies. These conditions, if not corrected, could result in burn-
through on the upper surface of the tail tank, which could result in a
fuel tank explosion, and consequent loss of the airplane.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin MD11-28A124, dated
June 17, 2009. The service bulletin describes procedures for doing a
general visual inspection of the wire assembly installation of the tail
tank fuel system to detect damage of the wire assembly, changing the
wiring, and doing corrective actions. Corrective actions include
repairing or replacing damaged wire assemblies.

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 accomplishing the actions specified in
the service information described previously.

Costs of Compliance

    We estimate that this proposed AD would affect 110 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of  U.S.-
             Action                    Work hours       Average labor         Parts           Cost per product        registered          Fleet cost
                                                        rate per hour                                                 airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection......................  1..................             $85  None...............  $85................  110................  $9,350.
Wiring Change...................  Up to 16...........              85  $11,536............  Up to $12,896......  Up to 110..........  Up to $1,418,560.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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:

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.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

McDonnell Douglas Corporation: Docket No. FAA-2010-0228; Directorate
Identifier 2009-NM-252-AD.

Comments Due Date

    (a) We must receive comments by April 30, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to McDonnell Douglas Corporation Model MD-11
and MD-11F airplanes, certificated in any category, as identified in
Boeing Alert Service Bulletin MD11-28A124, dated June 17, 2009.

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 detect and correct a potential of ignition sources inside fuel
tanks, which, in combination with flammable vapors, could result in
a fuel tank fire or 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.

Action

    (g) Within 60 months after the effective date of this AD,
perform a general visual inspection to detect damage of wire
assemblies of the tail tank fuel system, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin MD11-
28A124, dated June 17, 2009.

    (1) If no damage is found, before further flight do the wiring
change, in accordance with the Accomplishment Instructions of Boeing
Alert Service Bulletin MD11-28A124, dated June 17, 2009.
    (2) If damage is found, before further flight repair or replace
the wire assemblies, and do the wiring changes, as applicable, in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin MD11-28A124, dated June 17, 2009.

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: Serj Harutunian, Aerospace Engineer, Propulsion
Branch, ANM-140L, FAA, Los Angeles Aircraft Certification Office,
3960 Paramount Boulevard, Lakewood, California 90712-4137; telephone
(562) 627-5254; fax<PHONE_NUMBER>.
    (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 March 9, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-5667 Filed 3-15-10; 8:45 am]
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