[Federal Register Volume 88, Number 218 (Tuesday, November 14, 2023)]
[Proposed Rules]
[Pages 77941-77944]
[FR Doc No: 2023-24941]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 257

[EPA-HQ-OLEM-2020-0107; FRL-7814-05-OLEM]
RIN 2050-AH14

Hazardous and Solid Waste Management System: Disposal of Coal
Combustion Residuals From Electric Utilities; Legacy CCR Surface
Impoundments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of data availability (NODA).

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SUMMARY: The Environmental Protection Agency (EPA or the Agency) is
announcing the availability of new information and data pertaining to
the Agency's May 18, 2023 proposed rulemaking on the Disposal of Coal
Combustion Residuals (CCR) from Electric Utilities; Legacy CCR Surface
Impoundments. EPA is seeking public comment on this additional
information, which may affect the Agency's decisions as it develops a
final rule. EPA is not reopening any other aspect of the proposal, the
CCR regulations, or the underlying support documents that were
previously available for comment.

DATES: Comments must be received on or before December 11, 2023.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OLEM-2020-0107, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/
(our preferred method). Follow the online instructions for submitting
comments.
     Mail: U.S. Environmental Protection Agency, EPA Docket
Center, OLEM Docket, Mail Code 28221T, 1200 Pennsylvania Avenue NW,
Washington, DC 20460.
     Hand Delivery or Courier (by scheduled appointment only):
EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution
Avenue NW, Washington, DC 20004. The Docket Center's hours of
operations are 8:30 a.m. to 4:30 p.m., Monday through Friday (except
Federal Holidays).

    Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to https://www.regulations.gov/, including any personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the ``Public Participation''
heading of the SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: For questions concerning this notice
of data availability, Michelle Lloyd, Office of Resource Conservation
and Recovery, Materials Recovery and Waste Management Division,
Environmental Protection Agency, 1200 Pennsylvania Avenue NW, MC:
5304T, Washington, DC 20460; telephone number:<PHONE_NUMBER>; email
address: [email protected]. For more information on this
rulemaking please visit https://www.epa.gov/coalash.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Docket

    EPA has established a docket for this action under Docket ID No.
EPA-HQ-OLEM-2020-0107. All documents in the docket are listed in the
https://www.regulations.gov index. Publicly available docket materials
are available either electronically at https://www.regulations.gov or
in hard copy at the EPA Docket Center. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding holidays.
The telephone number for the Public Reading Room is<PHONE_NUMBER>, and
the telephone number for the EPA Docket Center is<PHONE_NUMBER>.

B. Written Comments

    Submit your comments, identified by Docket ID No. EPA-HQ-OLEM-2020-
0107, at https://www.regulations.gov (our preferred method), or the
other methods identified in the ADDRESSES section. Once submitted,
comments cannot be edited or removed from the docket. EPA may publish
any comment received to its public docket. Do not submit electronically
any information you consider to be Confidential Business Information
(CBI) or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). Please visit https://www.epa.gov/dockets/commenting-epa-dockets for additional submission methods; the full EPA public comment
policy; information about DBI, PBI, or multimedia submissions; and
general guidance on making effective comments.

II. General Information

A. Does this action apply to me?

    This document applies to and may affect all CCR generated by
electric utilities and independent power producers that fall within the
North American Industry Classification System (NAICS) code 221112. The
reference to NAICS code 221112 is not intended to be exhaustive, but
rather provides a guide for readers regarding entities likely to be
regulated by this action. This discussion lists the types of entities
that EPA is now aware could potentially be regulated by this action.
Other types of entities not described here could also be regulated. To
determine whether your entity is regulated by this action, you should
carefully examine the applicability criteria found in 40 CFR 257.50 of
title 40 of the Code of Federal Regulations. If you have questions
regarding the applicability of this action to a particular entity,
consult the person listed in the FOR FURTHER INFORMATION CONTACT
section.

B. What is the purpose of this NODA?

    With this document, EPA is reopening the comment period on the
proposed rule: Hazardous and Solid Waste Management System: Disposal of
Coal Combustion Residuals From Electric Utilities; Legacy CCR Surface
Impoundments (88 FR 31982, May 18, 2023), herein referred to as the
``2023 proposed rule,'' for the limited purpose of obtaining public
comment on additional information that may be relevant to the
development of a final rule. Some of the information includes data or
analyses that were received during the comment period for the 2023
proposed rule and that could have the potential to play a role in
support of decisions in the final rule. It also includes information
obtained based on further EPA research conducted both during and after
the close of the comment period, and which was therefore not available
for public comment during the prior comment period on the 2023 proposed
rule. This document describes some new information and data that EPA
has received and new analyses that have been conducted. All the
information subject to this document can be accessed as described in
Unit II.C of this document.
    EPA is still in the process of evaluating this information and
deliberating the provisions of a final rule. Therefore, EPA cannot
definitively state whether this information will provide support for
any provision of the final rule, or that the Agency has determined that
it is appropriate to rely on this information in developing the final
rule. In addition, it should not be assumed that the specific
information identified in this document is the full sum of information
received in comments that will be considered or that will influence the
Agency's decisions in this rulemaking. However, in the interests of
ensuring that the public has had a full and complete opportunity to
comment on the information that EPA has so far identified as having the
potential to weigh in EPA's decisions on the final rule, EPA is
reopening the comment period for the limited purpose of allowing the
public to comment on the validity and propriety of using this
information, data, and potential analyses in developing the final rule.
EPA is not reopening the comment period on any other aspect of the
proposed rule. This is not an opportunity for the public to supplement
their comments on the proposed rule, or to raise issues that could have
been raised during the original comment period. The only issues on
which the Agency is soliciting comment relate to the information in the
docket supporting this document. Comments submitted on any issues other
than those specifically identified in this document will be considered
``late comments'' on the proposed rule. EPA will not respond to such
comments, and they will not be considered part of the rulemaking
record.

C. Where can the information identified in the document be found?

    Most documents are available from the docket for viewing and
downloading through http://www.regulations.gov; however, copyrighted
documents are only available for viewing by visiting EPA's Docket
Center.

D. What is the Agency's authority for taking this action?

    EPA is publishing this document under the authority of sections
1008(a), 2002(a), 4004, and 4005(a) and (d) of the Solid Waste Disposal
Act of 1970, as amended by the Resource Conservation and Recovery Act
of 1976 (RCRA), as

amended by the Hazardous and Solid Waste Amendments of 1984 (HSWA) and
the Water Infrastructure Improvements for the Nation (WIIN) Act of
2016, 42 U.S.C. 6907(a), 6912(a), 6944, and 6945(a) and (d).

III. Background

    On April 17, 2015, EPA finalized national minimum criteria for the
disposal of CCR as solid waste under Subtitle D of the Resource
Conservation and Recovery Act (RCRA) in a rule titled, ``Hazardous and
Solid Waste Management System; Disposal of Coal Combustion Residuals
from Electric Utilities,'' (80 FR 21302) (2015 CCR rule or CCR
regulations). The 2015 CCR rule, codified in subpart D of part 257 of
Title 40 of the Code of Federal Regulations, established regulations
for existing and new CCR landfills and existing and new CCR surface
impoundments and all lateral expansions of CCR units. The criteria
consist of location restrictions, design and operating criteria,
groundwater monitoring and corrective action requirements, closure and
post-closure care requirements, recordkeeping, notification and
internet posting requirements.
    The 2015 CCR rule imposed requirements on inactive surface
impoundments \1\ at active facilities,\2\ but did not impose
requirements on inactive surface impoundments at inactive facilities.
The preamble to the 2015 CCR rule (80 FR 21344, April 17, 2015)
explained that inactive units at inactive facilities were not covered
by the rule in part due to possible complications that were specific to
inactive or closed facilities: the concern that the present owner of
the land on which an inactive site was located might have no connection
(other than present ownership of the land) with the prior disposal
activities. For that reason, EPA exempted those units at Sec.
257.50(e). On August 21, 2018, the U.S. Court of Appeals for the
District of Columbia Circuit issued its opinion in the case of Utility
Solid Waste Activities Group, et al. v. EPA (``USWAG''), which vacated
and remanded the provision that exempted inactive impoundments at
inactive facilities from the CCR regulations.
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    \1\ An ``inactive CCR surface impoundment'' is defined at Sec.
257.53 as a CCR surface impoundment that no longer received CCR on
or after October 19, 2015 and still contains both CCR and liquids on
or after October 19, 2015.
    \2\ An ``active facility or active electric utilities or
independent power producers'' is defined at Sec.  257.53 as any
facility subject to the requirements of this subpart that is in
operation on October 19, 2015. An electric utility or independent
power producer is in operation if it is generating electricity that
is provided to electric power transmission systems or to electric
power distribution systems on or after October 19, 2015. An off-site
disposal facility is in operation if it is accepting or managing CCR
on or after October 19, 2015.
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    On May 18, 2023, EPA proposed revisions to the CCR regulations (88
FR 31982). These revisions included establishing regulations specifying
that inactive surface impoundments at inactive facilities (``legacy CCR
surface impoundments'') are subject to 40 CFR part 257, subpart D and
requiring owners and operators of legacy CCR surface impoundments to
comply with all the appropriate requirements applicable to inactive CCR
surface impoundments at active facilities. In addition, EPA proposed to
establish requirements to address the risks from currently exempt solid
waste management that involves the direct placement of CCR on the land.
EPA proposed to extend a subset of the existing requirements in 40 CFR
part 257, subpart D to CCR surface impoundments and landfills that
closed prior to the effective date of the 2015 CCR Rule, inactive CCR
landfills, and other areas where CCR is managed directly on the land.
In the proposal, EPA referred to these as CCR management units, or
CCRMU. This proposal would apply to all existing CCR facilities and all
inactive facilities with legacy CCR surface impoundments. Lastly, EPA
proposed to make several technical corrections to the CCR regulations.
These are (1) to clarify the definitions of ``feasible'' and
``technically feasible''; (2) to correct the CFR reference in the
definition of wetlands at Sec.  257.61(a); (3) to correct a reference
in the groundwater monitoring scope section; (4) to standardize the
references to CCR websites throughout the CCR regulations; and (5) EPA
requested comment on extending the period for document retention and
posting.
    The Agency received over 33,500 comments on the proposed rule, with
over 600 unique comments. Commenters included individual electric
utilities and independent power producers, national trade associations,
state agencies, public interest and environmental groups, and entities
involved with the beneficial use of CCR. All public comments submitted
in response to the proposal can be found in the docket for the proposed
rule.

IV. What information is EPA seeking?

A. Risk Analysis

    In response to public comments and additional information made
available since publication of the 2023 proposed rule, EPA has prepared
a supplemental risk assessment in support of the 2023 proposed rule.
This risk assessment builds on the findings of the previous 2014 Risk
Assessment \3\ and better quantifies the specific risks that may result
from placement of CCR in legacy CCR surface impoundments and CCRMU. To
accomplish this task, EPA used mathematical models to estimate the rate
at which constituents may escape into surrounding media, the fate and
transport of these constituents through the environment, and the
potential risk of adverse effects to individual receptors that may
occur in the absence of regulation. This supplemental risk assessment
incorporates much of the same groundwater data and model framework as
the 2014 Risk Assessment, updated where necessary to best reflect the
relevant exposure scenarios. Additionally, this supplemental risk
assessment considers additional exposure scenarios that may result from
radionuclides present within CCR. EPA is requesting comment on all
aspects of the assessment including the validity and propriety of
relying on the new information, data, and analyses contained in the
updated risk assessment to inform the final rule.
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    \3\ U.S. EPA. 2014a. ``Final Human and Ecological Risk
Assessment of Coal Combustion Residuals.'' RIN: 2050-AE81. Prepared
by the EPA Office of Solid Waste and Emergency Response. Washington,
DC. December.
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B. Information About Legacy CCR Surface Impoundments and CCR Management
Units

    EPA is also seeking information that would further document the
universe of legacy CCR surface impoundments and CCRMU. In response to
the USWAG decision, EPA issued an ANPRM on October 14, 2020 (85 FR
65015) to solicit comment and data on legacy CCR surface impoundment at
inactive facilities to assist in the development of future regulations
for legacy CCR surface impoundments. EPA received 156 comments on the
ANPRM regarding the presence, condition, and history of potential
legacy CCR surface impoundments of which, 127 cited the sources of the
information. EPA placed the data on these potential legacy CCR surface
impoundments in the docket of the 2023 proposed rule for legacy CCR
surface impoundments (88 FR 31982, May 18, 2023) and requested further
comments and data on these units as well as any CCRMU. In response to
the 2023 proposed rule, EPA received additional comments regarding the
location, presence, condition, and history of additional potential
legacy CCR surface impoundments and of CCRMU at both active and
inactive

facilities. EPA is placing the data received in response to the
proposed rule in the docket for the present NODA and is soliciting
public comment on these data in connection with this rulemaking.
    EPA is specifically soliciting supplementary comments, data, or
sources of information on the location, presence, condition, history,
and risk associated with any of the potential legacy CCR surface
impoundments or any of the potential CCRMU within the docket, including
any information regarding the presence of water, distance to surface
water bodies, proximity to floodplains, unit size, CCR volume, depth to
groundwater, date of CCR placement, closure status, any corrective
action associated with the unit, and any groundwater monitoring data.
In addition to information regarding the docket items for this NODA,
EPA also requests comment on the accuracy of the information that was
submitted regarding potential legacy CCR surface impoundments or
potential CCRMU. Furthermore, EPA is seeking similar information on any
other potential legacy CCR surface impoundments or potential CCRMU of
which EPA may not be aware or for which we may have incomplete
information. In all instances, it is important that commenters on this
NODA provide verifiable sourcing information for data that is provided,
as EPA may not consider information without a verifiable source in
developing a final rule.
    The information included in the docket for this NODA is in PDFs and
Microsoft Excel spreadsheets. While some of the information in the PDFs
and the Microsoft Excel spreadsheets is duplicative, the docket items
contain distinct data.

V. Request for Comment and Additional Information

    EPA is seeking comment on all questions and topics described in
this NODA, including the issues identified in Unit IV of this document,
and requests that you submit any information, that you believe is
important for EPA to consider in connection with these questions and
topics. At the same time, EPA will not consider comments that are
beyond the scope of the questions and topics described in this NODA.
    Instructions for providing written comments are provided under
ADDRESSES, including how to submit any comments that contain CBI.

List of Subjects in 40 CFR Part 257

    Environmental protection, Coal combustion products, Coal combustion
residuals, Coal combustion waste, Disposal, Hazardous waste, Landfill,
Surface impoundment.

Michael S. Regan,
Administrator.
[FR Doc. 2023-24941 Filed 11-13-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 141 (Monday, July 23, 2018)]
[Notices]
[Pages 34851-34853]
[FR Doc No: 2018-15735]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2007-D-0369]

Product-Specific Guidances; Draft and Revised Draft Guidances for
Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of additional draft and revised draft product-specific
guidances. The

guidances provide product-specific recommendations on, among other
things, the design of bioequivalence (BE) studies to support
abbreviated new drug applications (ANDAs). In the Federal Register of
June 11, 2010, FDA announced the availability of a guidance for
industry entitled ``Bioequivalence Recommendations for Specific
Products'' that explained the process that would be used to make
product-specific guidances available to the public on FDA's website.
The guidances identified in this notice were developed using the
process described in that guidance.

DATES: Submit either electronic or written comments on the draft
guidance by September 21, 2018 to ensure that the Agency considers your
comment on this draft guidance before it begins work on the final
version of the guidance.

ADDRESSES: You may submit comments on any guidance at any time as
follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for Written/Paper
Submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2007-D-0369 for ``Product-Specific Guidances; Draft and Revised
Draft Guidances for Industry.'' Received comments will be placed in the
docket and, except for those submitted as ``Confidential Submissions,''
publicly viewable at https://www.regulations.gov or at the Dockets
Management Staff between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of the draft guidances to
the Division of Drug Information, Center for Drug Evaluation and
Research, Food and Drug Administration, 10001 New Hampshire Ave.,
Hillandale Building, 4th Floor, Silver Spring, MD 20993-0002. Send one
self-addressed adhesive label to assist that office in processing your
requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the draft guidance documents.

FOR FURTHER INFORMATION CONTACT: Xiaoqiu Tang, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 75, Rm. 4730, Silver Spring, MD 20993-0002, 301-
796-5850.

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of June 11, 2010 (75 FR 33311), FDA
announced the availability of a guidance for industry entitled
``Bioequivalence Recommendations for Specific Products'' that explained
the process that would be used to make product-specific guidances
available to the public on FDA's website at https://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm.
    As described in that guidance, FDA adopted this process as a means
to develop and disseminate product-specific guidances and provide a
meaningful opportunity for the public to consider and comment on those
guidances. Under that process, draft guidances are posted on FDA's
website and announced periodically in the Federal Register. The public
is encouraged to submit comments on those recommendations within 60
days of their announcement in the Federal Register. FDA considers any
comments received and either publishes final guidances or publishes
revised draft guidances for comment. Guidances were last announced in
the Federal Register on February 9, 2018. This notice announces draft
product-specific guidances, either new or revised, that are posted on
FDA's website.

II. Drug Products for Which New Draft Product-Specific Guidances are
Available

    FDA is announcing the availability of a new draft product-specific
guidances for industry for drug products containing the following
active ingredients:

     Table 1--New Draft Product-Specific Guidances for Drug Products
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Acrivastine; Pseudoephedrine hydrochloride.

Beclomethasone dipropionate.
Betamethasone dipropionate.
Betrixaban.
Ciprofloxacin.
Deferasirox.
Dexamethasone; Neomycin sulfate; Polymyxin b sulfate.
Epinephrine.
Ethinyl estradiol; Norethindrone acetate.
Finafloxacin.
Fluocinolone acetonide.
Loteprednol etabonate.
Mecamylamine hydrochloride.
Methscopolamine bromide.
Methylphenidate.
Metyrosine.
Moxifloxacin hydrochloride.
Nebivolol hydrochloride; Valsartan.
Nimodipine.
Nitisinone.
Omeprazole.
Rifapentine.
Ritonavir.
Sodium polystyrene sulfonate.
Triamcinolone acetonide.
Valbenazine tosylate.
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III. Drug Products for Which Revised Draft Product-Specific Guidances
are Available

    FDA is announcing the availability of revised draft product-
specific guidances for industry for drug products containing the
following active ingredients:

   Table 2--Revised Draft Product-Specific Guidances for Drug Products
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Abiraterone acetate.
Dapagliflozin propanediol; Metformin hydrochloride.
Diclofenac sodium.
Donepezil hydrochloride; Memantine hydrochloride.
Esomeprazole strontium.
Ethosuximide.
Glatiramer acetate.
Hydrocodone bitartrate.
Lansoprazole.
Latanoprost.
Leucovorin calcium.
Methylphenidate hydrochloride.
Morphine sulfate; Naltrexone hydrochloride.
Nisoldipine.
Oxycodone hydrochloride.
Ticagrelor.
Triamcinolone acetonide.
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    For a complete history of previously published Federal Register
notices related to product-specific guidances, go to https://www.regulations.gov and enter Docket No. FDA-2007-D-0369.
    These draft guidances are being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). These draft guidances,
when finalized, will represent the current thinking of FDA on, among
other things, the product-specific design of BE studies to support
ANDAs. They do not establish any rights for any person and are not
binding on FDA or the public. You can use an alternative approach if it
satisfies the requirements of the applicable statutes and regulations.
This guidance is not subject to Executive Order 12866.

IV. Electronic Access

    Persons with access to the internet may obtain the draft guidances
at either https://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or
https://www.regulations.gov.

    Dated: July 18, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-15735 Filed 7-20-18; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 80, Number 230 (Tuesday, December 1, 2015)]
[Rules and Regulations]
[Pages 74982-74985]
[FR Doc No: 2015-30274]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-5806; Directorate Identifier 2015-SW-083-AD;
Amendment 39-18331; AD 2015-22-53]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: We are publishing a new airworthiness directive (AD) for
Airbus Helicopters Model AS350B3 helicopters. This AD was sent
previously to all known U.S. owners and operators of these helicopters
and supersedes Emergency AD 2015-22-52, dated October 28, 2015. This AD
requires revising the rotorcraft flight manual (RFM) to stop performing
the yaw load compensator check during preflight procedures and instead
perform it during post-flight procedures after rotor shut-down. This AD
also requires the yaw servo hydraulic switch

to be in the ``ON'' position before taking off. This AD is prompted by
two accidents and one incident of Airbus Helicopters Model AS350B3
helicopters. From preliminary investigations, loss of tail rotor (T/R)
control during takeoff was evident in each event. These actions are
intended to prevent takeoff without hydraulic pressure in the T/R
hydraulic system, loss of T/R flight control, and subsequent loss of
control of the helicopter.

DATES: This AD becomes effective December 16, 2015 to all persons
except those persons to whom it was made immediately effective by
Emergency AD 2015-22-53, issued on October 30, 2015, which contains the
requirements of this AD.
    We must receive comments on this AD by February 1, 2016.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
5806; or in person at the Docket Operations Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the European Aviation Safety Agency (EASA) AD, the
economic evaluation, any comments received, and other information. The
street address for the Docket Operations Office (telephone 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD
docket shortly after receipt.
    For service information identified in this AD, contact Airbus
Helicopters, 2701 N. Forum Drive, Grand Prairie, TX 75052; telephone
(972) 641-0000 or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at http://www.airbushelicopters.com/techpub. You may review the referenced
service information at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX
76177.

FOR FURTHER INFORMATION CONTACT: Stephen Barbini, Flight Test Engineer,
Regulations and Policy Group, Rotorcraft Directorate, FAA, 10101
Hillwood Pkwy, Fort Worth, TX 76177; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments prior to it becoming effective. However, we
invite you to participate in this rulemaking by submitting written
comments, data, or views. We also invite comments relating to the
economic, environmental, energy, or federalism impacts that resulted
from adopting this AD. The most helpful comments reference a specific
portion of the AD, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, commenters should send only one copy of written
comments, or if comments are filed electronically, commenters should
submit them only one time. We will file in the docket all comments that
we receive, as well as a report summarizing each substantive public
contact with FAA personnel concerning this rulemaking during the
comment period. We will consider all the comments we receive and may
conduct additional rulemaking based on those comments.

Discussion

    On October 28, 2015 we issued Emergency AD 2015-22-52 for Airbus
Helicopters Model AS350B3 helicopters with a dual hydraulic system that
prohibited performing the yaw load compensator check (collective
switch) during preflight procedures and instead required performing it
during post-flight procedures. Emergency AD 2015-22-52 also required
the yaw servo hydraulic switch (collective switch) to be in the ``ON''
(forward) position before taking off. Emergency AD 2015-22-52 was sent
previously to all known U.S. owners and operators of these helicopters.
The actions in Emergency AD 2015-22-52 were intended to prevent takeoff
without hydraulic pressure in the T/R hydraulic system, loss of T/R
flight control, and subsequent loss of control of the helicopter.
    Emergency AD 2015-22-52 was prompted by two accidents and one
incident of Airbus Helicopters Model AS350B3 helicopters with a dual
hydraulic system installed. From preliminary investigations, loss of T/
R control during takeoff was evident in each event. Each event
experienced a counterclockwise rotational yaw immediately after
takeoff. It was also noted that the anti-torque pedals felt jammed or
locked in the neutral position by the pilots in the two non-fatal
events. The conditions in the events are indicative of takeoffs without
hydraulic T/R assistance caused by a lack of pressure in the T/R
hydraulic system. When taking off without T/R hydraulic assistance with
the switch on the collective grip in the ``OFF'' (aft) position, the
yaw load compensator remains discharged and degrades the T/R hydraulic
system, which significantly increases the pilot T/R control load and
prevents sufficient T/R thrust for takeoff.
    Based on the accidents and incident, EASA, which is the Technical
Agent for the Member States of the European Union, issued EASA AD No.
2015-0178, dated August 26, 2015, to correct an unsafe condition for
Airbus Helicopters Model AS 350 B3 helicopters, equipped with a dual
hydraulic system identified as modification OP 3082 or OP 3346. EASA
advises of a perceived loss of T/R control that mimics jamming during
take-off if the T/R hydraulic preflight checks are not performed in
accordance with the checklist in the RFM. According to EASA, performing
the T/R hydraulic preflight checks improperly may result in reduced
function of the T/R hydraulic system, thereby significantly increasing
the T/R control load for the pilot.
    After we issued Emergency AD 2015-22-52, we received comments
noting an error in terminology and a defect in reporting compliance
that resulted in confusion in how to comply with Emergency AD 2015-22-
52. Specifically, we referred to the collective switch for the yaw load
compensator check, when we should have referred to the ACCU TST switch.
Activating the collective switch after rotor shut-down will have no
effect due to the absence of hydraulic pressure in the system. We also
omitted a method of recording compliance. Therefore, on October 30,
2015, we issued Emergency AD 2015-22-53 to supersede Emergency AD 2015-
22-52 to correct the error in terminology and the defect in recording
compliance. Emergency AD 2015-22-53 requires revising the normal
operating procedures section of the RFM to prohibit performing the yaw
load compensator check (ACCU TST switch) during preflight procedures
and instead require performing it during post-flight procedures after
rotor shut-down. Emergency AD 2015-22-53 also requires revising the RFM
to state that

the yaw servo hydraulic switch (collective switch) must be in the
``ON'' (forward) position before taking off. Emergency AD 2015-22-53
was also sent previously to all known U.S. owners and operators of
these helicopters.

FAA's Determination

    This helicopter has been approved by the aviation authority of
France and is approved for operation in the United States. Pursuant to
our bilateral agreement with France, EASA, its technical
representative, has notified us of the unsafe condition described in
the EASA AD. We are issuing this AD because we evaluated all
information provided by EASA and determined the unsafe condition exists
and is likely to exist or develop on other helicopters of this same
type design.

Related Service Information

    Airbus Helicopters issued Service Bulletin No. AS350-67.00.66,
Revision 1, dated October 22, 2015 (SB AS350-67.00.66), which specifies
inserting specific pages of the bulletin into the RFM. These pages
revise the preflight and post-flight hydraulic checks by moving the T/R
yaw load compensator check from preflight to post-flight. These pages
also revise terminology within the flight manuals for the different
engine configurations.
    Airbus Helicopters also issued Safety Information Notice No. 2944-
S-29, Revision 0, dated August 26, 2015 (SIN 2944-S-29), which warns
that attempting to take off without T/R hydraulic assistance (which may
be caused by the yaw servo hydraulic switch on the collective grip in
the ``OFF'' (aft) position) might be incorrectly perceived as T/R
control failure (jam), which could lead to loss of control of the
helicopter if not quickly identified and corrected. SIN 2944-S-29 also
advises of the RFM update that revises the run-up hydraulic check
starting procedures to no longer specify ``pressing'' the yaw servo
hydraulic switch. To mitigate this potential error, the yaw load
compensator check has been moved from preflight to post-flight
procedures. Further, SIN 2944-S-29 states the yaw servo hydraulic
switch, which is located on the collective grip, is also called the
hydraulic pressure switch or hydraulic cut off switch in various RFMs.

AD Requirements

    This AD requires, before further flight, revising the RFM to stop
performing the yaw load compensator check (ACCU TST switch) during
preflight procedures and instead perform the yaw load compensator check
during post-flight procedures after rotor shut-down. This AD also
requires revising the RFM to state that the yaw servo hydraulic switch
(collective switch) must be in the ``ON'' (forward) position before
taking off.

Differences Between This AD and the EASA AD

    The EASA AD requires revising the RFM by incorporating procedures
contained in Airbus Helicopters Service Bulletin No. AS350-67.00.66,
Revision 0, dated August 26, 2015, and informing all flight crew of the
RFM changes. This AD requires revising the RFM by inserting a copy of
this AD or by making pen and ink changes.

Interim Action

    We consider this AD to be an interim action. The design approval
holder is currently developing a terminating action that will address
the unsafe condition identified in this AD. Once this terminating
action is developed, approved, and available, we might consider
additional rulemaking.

Costs of Compliance

    We estimate that this AD affects 427 helicopters of U.S. Registry.
We estimate that operators may incur the following costs in order to
comply with this AD at an average labor rate of $85 per work-hour. It
takes about 0.5 work-hour to revise an RFM for a cost of $43 per
helicopter and $18,361 for the U.S. fleet.

FAA's Justification and Determination of the Effective Date

    Providing an opportunity for public comments prior to adopting
these AD requirements would delay implementing the safety actions
needed to correct this known unsafe condition. Therefore, we found and
continue to find that the risk to the flying public justifies waiving
notice and comment prior to the adoption of this rule because the
previously described unsafe condition can adversely affect the
controllability of the helicopter and the initial required action must
be accomplished before further flight.
    Since it was found that immediate corrective action was required,
notice and opportunity for prior public comment before issuing this AD
were impracticable and contrary to public interest and good cause
existed to make the AD effective immediately by Emergency AD 2015-22-
53, issued on October 30, 2015, to all known U.S. owners and operators
of these helicopters. These conditions still exist and the AD is hereby
published in the Federal Register as an amendment to section 39.13 of
the Federal Aviation Regulations (14 CFR 39.13) to make it effective to
all persons.

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 AD will not have federalism implications
under Executive Order 13132. This AD will 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, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska to the extent that
it justifies making a regulatory distinction; and
    4. 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.
    We prepared an economic evaluation of the estimated costs to comply
with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2015-22-53 Airbus Helicopters: Amendment 39-18331; Docket No. FAA-
2015-5806; Directorate Identifier 2015-SW-083-AD.

(a) Applicability

    This AD applies to Airbus Helicopters Model AS350B3 helicopters
with a dual hydraulic system installed, certificated in any
category.

    Note 1 to paragraph (a) of this AD:  The dual hydraulic system
for Model AS350B3 helicopters is referred to as Airbus modification
OP 3082 or OP 3346.

(b) Unsafe Condition

    This AD defines the unsafe condition as lack of hydraulic
pressure in a tail rotor (T/R) hydraulic system. This condition
could result in loss of T/R flight control and subsequent loss of
control of the helicopter.

(c) Affected ADs

    This AD supersedes Emergency AD 2015-22-52, Directorate
Identifier 2015-SW-074-AD, dated October 28, 2015.

(d) Effective Date

    This AD becomes effective December 16, 2015 to all persons
except those persons to whom it was made immediately effective by
Emergency AD 2015-22-53, issued on October 30, 2015, which contains
the requirements of this AD.

(e) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(f) Required Actions

    Before further flight, insert a copy of this AD into the
rotorcraft flight manual, Section 4 Normal Operating Procedures, or
make pen and ink changes to the preflight and post-flight procedures
as follows:
    (1) Stop performing the yaw load compensator check (ACCU TST
switch) during preflight procedures, and instead perform the yaw
load compensator check during post-flight procedures after rotor
shut-down.
    (2) The yaw servo hydraulic switch (collective switch) must be
in the ``ON'' (forward) position before takeoff.

    Note 2 to paragraph (f)(2) of this AD:  The yaw servo hydraulic
switch is also called the hydraulic pressure switch or hydraulic cut
off switch in various Airbus Helicopters rotorcraft flight manuals.

(g) Special Flight Permits

    Special flight permits are prohibited.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: Stephen Barbini, Flight Test
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA,
10101 Hillwood Pkwy, Fort Worth, TX 76177; telephone<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office, before operating any aircraft
complying with this AD through an AMOC.

(i) Additional Information

    (1) Airbus Helicopters Service Bulletin No. AS350-67.00.66,
Revision 1, dated October 22, 2015, and Airbus Helicopters Safety
Information Notice No. 2944-S-29, Revision 0, dated August 26, 2015,
which are not incorporated by reference, contain additional
information about the subject of this AD. For service information
identified in this AD, contact Airbus Helicopters, 2701 N. Forum
Drive, Grand Prairie, TX 75052; telephone<PHONE_NUMBER> or (800)
232-0323; fax<PHONE_NUMBER>; or at http://www.airbushelicopters.com/techpub. You may review a copy of the
service information at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX
76177.
    (2) The subject of this AD is addressed in European Aviation
Safety Agency (EASA) AD No. 2015-0178, dated August 26, 2015. You
may view the EASA AD on the Internet at http://www.regulations.gov
by searching for and locating it in Docket No. FAA-2015-5806.

(j) Subject

    Joint Aircraft Service Component (JASC) Code: 2910, Main
Hydraulic System.

    Issued in Fort Worth, Texas, on November 13, 2015.
Lance T. Gant,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2015-30274 Filed 11-30-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 205 (Wednesday, October 23, 2013)]
[Proposed Rules]
[Pages 63132-63135]
[FR Doc No: 2013-24795]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0865; Directorate Identifier 2012-NM-199-AD]
RIN 2120-AA64

Airworthiness Directives; Fokker Services B.V. 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 Fokker Services B.V. Model F.28 Mark 0070 and 0100 airplanes.
This proposed AD was prompted by an evaluation by the design approval
holder (DAH) indicating that the butt-joints on the forward fuselage
above the passenger door are subject to widespread fatigue damage
(WFD). This proposed AD would require inspecting the forward fuselage
butt-joints for cracking, repairing any crack, and eventually doing a
terminating repair. We are proposing this AD to prevent fatigue
cracking of such butt-joints, which could result in reduced structural
integrity of the airplane and in-flight decompression of the airplane.

DATES: We must receive comments on this proposed AD by December 9,
2013.

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, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Fokker Services B.V., Technical Services Dept., P.O. Box 1357, 2130 EL
Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax +31
(0)88-6280-111; email<EMAIL_ADDRESS>Internet http://www.myfokkerfleet.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<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 Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the MCAI, the
regulatory evaluation, any comments received, and other information.
The street address for the Docket Operations 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: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-1137; 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-2013-0865;
Directorate Identifier 2012-NM-199-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 based on 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

    Structural fatigue damage is progressive. It begins as minute
cracks, and those cracks grow under the action of repeated stresses.
This can happen because of normal operational conditions and design
attributes, or because of isolated situations or incidents such as
material defects, poor fabrication quality, or corrosion pits, dings,
or scratches. Fatigue damage can occur locally, in small areas or
structural design details, or globally. Global fatigue damage is
general degradation of large areas of structure with similar structural
details and stress levels. Multiple-site damage is global damage that
occurs in a large structural

element such as a single rivet line of a lap splice joining two large
skin panels. Global damage can also occur in multiple elements such as
adjacent frames or stringers. Multiple-site-damage and multiple-
element-damage cracks are typically too small initially to be reliably
detected with normal inspection methods. Without intervention, these
cracks will grow, and eventually compromise the structural integrity of
the airplane, in a condition known as WFD. As an airplane ages, WFD
will likely occur, and will certainly occur if the airplane is operated
long enough without any intervention.
    The FAA's WFD final rule (75 FR 69746, November 15, 2010) became
effective on January 14, 2011. The WFD rule requires certain actions to
prevent catastrophic failure due to WFD throughout the operational life
of certain existing transport category airplanes and all of these
airplanes that will be certificated in the future. For existing and
future airplanes subject to the WFD rule, the rule requires that design
approval holders establish a limit of validity (LOV) of the engineering
data that support the structural maintenance program. Operators
affected by the WFD rule may not fly an airplane beyond its LOV, unless
an extended LOV is approved.
    The WFD rule (75 FR 69746, November 15, 2010) does not require
identifying and developing maintenance actions if the DAHs can show
that such actions are not necessary to prevent WFD before the airplane
reaches the LOV. Many LOVs, however, do depend on accomplishment of
future maintenance actions. As stated in the WFD rule, any maintenance
actions necessary to reach the LOV will be mandated by airworthiness
directives through separate rulemaking actions.
    In the context of WFD, this approach is necessary to enable design
approval holders to propose LOVs that allow operators the longest
operational lives for their airplanes, and still ensure that WFD will
not occur. This approach allows for an implementation strategy that
provides flexibility to DAHs in determining the timing of service
information development (with FAA approval), while providing operators
with certainty regarding the LOV applicable to their airplanes.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2012-0218, dated October 19, 2012 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

    A report has been received of a crack, detected in a butt-joint
on the forward fuselage of an F28 Mark 0100 aeroplane, above the
passenger door. Investigation results revealed that, depending on
the configuration of the aeroplane, four butt joints in the forward
fuselage can be affected, at stringers 8, 37, 42 and 67 between
fuselage stations 3850 and 5305.
    This condition, if not detected and corrected, can result in an
exponential crack growth rate, possibly leading to failure of the
butt-joint over a certain length and consequent in-flight
decompression of the aeroplane.
    For the reasons described above, this [EASA] AD requires a one-
time inspection [low frequency eddy current] of the forward fuselage
butt joints for cracks and, depending on findings, accomplishment of
a temporary repair [including a detailed inspection for cracks in
the butt strap on the inside of the applicable joint, and corrective
actions if necessary] and reporting the findings to Fokker Services.
In addition, this AD requires a permanent repair/modification [and a
detailed inspection for cracks in the butt strap on the inside of
the applicable joint, and corrective actions if necessary].
* * * * *
    Corrective actions include removing the cracked part of the butt
joint and installing an insert, and installing of an external repair
strap. You may obtain further information by examining the MCAI in the
AD docket.

Relevant Service Information

    Fokker Services B.V. has issued Fokker Service Bulletin SBF100-53-
118, Revision 2, dated October 16, 2012; and Fokker Service Bulletin
SBF100-53-119, Revision 2, dated May 8, 2013. The actions described in
this service information are intended to correct the unsafe condition
identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This AD and the MCAI or Service Information

    The MCAI specifies an alternative detailed visual inspection of the
butt-joints from the inside of the fuselage. This proposed AD would not
allow that inspection, and the difference has been coordinated with
EASA.

Explanation of Compliance Time

    The compliance time for the modification specified in this proposed
AD for addressing WFD was established to ensure that discrepant
structure is modified before WFD develops in airplanes. Standard
inspection techniques cannot be relied on to detect WFD before it
becomes a hazard to flight. We will not grant any extensions of the
compliance time to complete any AD-mandated service bulletin related to
WFD without extensive new data that would substantiate and clearly
warrant such an extension.

Costs of Compliance

    We estimate that this proposed AD affects 4 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                   Action                        Labor cost       Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Inspection..................................  127 work-hours               $0          $10,795          $43,180
                                              x $85 per hour
                                                   = $10,795
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary repairs that
would be required based on the results of the proposed inspection. We
have no way of determining the number of aircraft that might need these
repairs:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                  Action                                Labor cost                 Parts cost        product
----------------------------------------------------------------------------------------------------------------
Repair....................................  30 work-hours x $85 per hour =                  $0           $2,550
                                             $2,550.
----------------------------------------------------------------------------------------------------------------

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this proposed AD
is 2120-0056. The paperwork cost associated with this proposed AD has
been detailed in the Costs of Compliance section of this document and
includes time for reviewing instructions, as well as completing and
reviewing the collection of information. Therefore, all reporting
associated with this proposed AD is mandatory. Comments concerning the
accuracy of this burden and suggestions for reducing the burden should
be directed to the FAA at 800 Independence Ave., SW., Washington, DC
20591. ATTN: Information Collection Clearance Officer, AES-200.

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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it 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

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

Fokker Services B.V.: Docket No. FAA-2013-0865; Directorate
Identifier 2012-NM-199-AD.

(a) Comments Due Date

    We must receive comments by December 9, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Fokker Services B.V. Model F.28 Mark 0070 and
0100 airplanes, certificated in any category, as identified in
Fokker Service Bulletin SBF100-53-118, Revision 2, dated October 16,
2012.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by an evaluation by the design approval
holder (DAH) indicating that the butt-joints on the forward fuselage
above the passenger door are subject to widespread fatigue damage
(WFD). We are issuing this AD to prevent fatigue cracking of such
butt-joints, which could result in reduced structural integrity of
the airplane and in-flight decompression of the airplane.

(f) Compliance

    You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.

(g) Inspection

    Before the accumulation of 35,000 total flight cycles, or within
8 months after the effective date of this AD, whichever occurs
later: Do a low frequency eddy current inspection for cracking of
the forward fuselage butt-joints, in accordance with the
Accomplishment Instructions of Fokker Service Bulletin SBF100-53-
118, Revision 2, dated October 16, 2012.

(h) Repair

    If any cracking is found during the inspection specified in
paragraph (g) of this AD, before further flight, do the actions
specified in either paragraph (h)(1) or (h)(2) of this AD.
    (1) Accomplish a temporary repair, including a detailed
inspection for cracks in the butt strap on the inside of the
applicable joint, and all applicable corrective actions, in
accordance with the Accomplishment Instructions of Fokker Service
Bulletin SBF100-53-118, Revision 2, dated October 16, 2012.
    (2) Do a terminating repair of the forward fuselage butt-joints,
including a detailed inspection for cracks in the butt strap on the
inside of the applicable joint, and all applicable corrective
actions, in accordance with the Accomplishment Instructions of
Fokker Service Bulletin SBF100-53-119, Revision 2, dated May 8,
2013. Accomplishing the terminating repair specified in this
paragraph is a method of compliance with the terminating repair
required by paragraph (j) of this AD.

(i) Reporting

    Submit a report of any crack findings from the inspection
specified in paragraph (g) of this AD to Fokker Services, Hoeksteen
40, 2132 MS Hoofddorp, PO Box 1357, 2130 EL Hoofddorp, The
Netherlands; by using the Reporting Form (figure 14 and figure 15,
as applicable) of Fokker Service Bulletin SBF100-53-118, Revision 2,
dated October 16, 2012; at the applicable time specified in
paragraph (i)(1) or (i)(2) of this AD.

    (1) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
    (2) If the inspection was done before the effective date of this
AD: Submit the report within 30 days after the effective date of
this AD.

(j) Terminating Repair

    Before the accumulation 50,000 total flight cycles, or within 8
months after the effective date of this AD, whichever occurs later:
Do the terminating repair of the forward fuselage butt-joints,
including a detailed inspection for cracks in the butt strap on the
inside of the applicable joint, and all applicable corrective
actions, in accordance with the Accomplishment Instructions of
Fokker Service Bulletin SBF100-53-119, Revision 2, dated May 8,
2013. Do all applicable corrective actions before further flight.

(k) Credit for Previous Actions

    (1) This paragraph provides credit for applicable actions
required by paragraphs (g) and (h)(1) of this AD, if those actions
were performed before the effective date of this AD using the
service bulletins specified in paragraphs (k)(1)(i) or (k)(1)(ii) of
this AD, which are not incorporated by reference in this AD.
    (i) Fokker Service Bulletin SBF100-53-118, dated April 10, 2012.
    (ii) Fokker Service Bulletin SBF100-53-118, Revision 1, dated
July 6, 2012.
    (2) This paragraph provides credit for actions required by
paragraphs (h)(2) and (j) of this AD, if those actions were
performed before the effective date of this AD using the service
bulletins specified in paragraphs (k)(2)(i) or (k)(2)(ii) of this
AD, which are not incorporated by reference in this AD.
    (i) Fokker Service Bulletin SBF100-53-119, dated June 20, 2012.
    (ii) Fokker Service Bulletin SBF100-53-119, Revision 1, dated
October 30, 2012.

(l) Compliance Time Provisions

    No alternative compliance times may be used for the modification
required by paragraph (j) of this AD, unless extensive new data are
provided and the compliance time is approved as an alternative
method of compliance (AMOC) in accordance with the procedures
specified in paragraph (m) of this AD.

(m) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the International
Branch, send it to ATTN: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-1137; fax<PHONE_NUMBER>. Information may be emailed to<EMAIL_ADDRESS>Before using any approved AMOC, notify
your appropriate principal inspector, or lacking a principal
inspector, the manager of the local flight standards district
office/certificate holding district office. The AMOC approval letter
must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: A federal agency may not conduct or
sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a
collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 5
minutes per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.
SW., Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.

(n) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
European Aviation Safety Agency Airworthiness Directive 2012-0218,
dated October 19, 2012, for related information, which can be found
in the AD docket on the Internet at http://www.regulations.gov.
    (2) For service information identified in this AD, contact
Fokker Services B.V., Technical Services Dept., P.O. Box 1357, 2130
EL Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax +31
(0)88-6280-111; email<EMAIL_ADDRESS>Internet http://www.myfokkerfleet.com. You may review copies of the referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on September 30, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-24795 Filed 10-22-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 75, Number 129 (Wednesday, July 7, 2010)]
[Proposed Rules]
[Pages 38943-38945]
[FR Doc No: 2010-16515]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0672; Directorate Identifier 2010-NM-047-AD]
RIN 2120-AA64

Airworthiness Directives; McDonnell Douglas Corporation Model DC-
10-10, DC-10-10F, DC-10-30, DC-10-30F (KDC-10), DC-10-40, and DC-10-40F
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 Model DC-10-10, DC-10-10F, DC-10-30, DC-10-30F (KDC-10), DC-10-
40, and DC-10-40F airplanes. This proposed AD would require installing
a support bracket and coupler on the left and right wing-to-fuselage
transition, and metallic overbraid on the left and right leading edge
wire assembly. This proposed AD results from fuel system reviews
conducted by the manufacturer, as well as reports that the fuel
quantity system was affected by lightning-induced transients. We are
proposing this AD to prevent lightning-induced transients to the fuel
quantity indication system, which could cause voltage levels to go
beyond original design levels between fuel tank probes and structure,
and become a potential ignition source at the fuel tank, which, in
combination with flammable fuel vapors, could result in a fuel tank
explosion and consequent loss of the airplane.

DATES: We must receive comments on this proposed AD by August 23, 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>.

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: Samuel Lee, Aerospace Engineer,
Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification
Office (ACO), 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-2010-0672;
Directorate Identifier 2010-NM-047-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.
    Also, we received reports that the fuel quantity system was
affected by lightning- induced transients. The fiberglass leading edge
fairing at the wing root created an electrical discontinuity in the
metal shielding provided by the wing structure. As rapidly changing
lightning currents flow in the leading edge gap region during a nose-
to-wing- tip strike, rapidly changing electromagnetic fields are
created in the gap region. Boeing investigations have determined that
these fields cause electrical transients to be inducted indirectly into
the wiring of the fuel quantity indication system. Installing side
entry wire braid sleeving on fuel probe wires in the root region of
each wing will minimize lightning-induced transients to the fuel
quantity indication system. Such transients could result in voltage
levels going beyond original design levels between fuel tank probes and
structure and becoming a potential ignition source for the fuel tank.

Relevant Service Information

    We have reviewed Boeing Service Bulletin DC10-28-262, Revision 1,
dated June 9, 2010. The service bulletin describes procedures for
installing a support bracket and coupler on the left and right wing-to-
fuselage transition, and installing metallic overbraid on the left and
right wing leading edge 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 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 61 airplanes of U.S.
registry. We also estimate that it would take about 28 work-hours per
product to comply with this proposed AD. The average labor rate is $85
per work-hour. Required parts would cost about $999 per product. Based
on these figures, we estimate the cost of this proposed AD to the U.S.
operators to be $206,119, or $3,379 per product.

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-2010-0672; Directorate
Identifier 2010-NM-047-AD.

Comments Due Date

    (a) We must receive comments by August 23, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to McDonnell Douglas Corporation Model DC-
10-10, DC-10-10F, DC-10-30, DC-10-30F (KDC-10), DC-10-40, and DC-10-
40F airplanes, certificated in any category, as identified in Boeing
Service Bulletin DC10-28-262, Revision 1, dated June 9, 2010.

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 prevent lightning-induced transients to the fuel quantity
indication system, which could cause voltage levels to go beyond
original design levels between fuel tank probes and structure and
become a potential ignition source at the fuel tank, 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.

Installation

    (g) Within 60 months after the effective date of this AD,
install a support bracket and coupler on the left and right wing-to-
fuselage transition, and metallic overbraid on the left and right
leading edge wire assembly, in accordance with the Accomplishment
Instructions of Boeing Service Bulletin DC10-28-262, Revision 1,
dated June 9, 2010.

Installation According to Previous Issue of Service Bulletin

    (h) Installing a support bracket and coupler on the left and
right wing-to-fuselage transition, and metallic overbraid on the
left and right leading edge wire assembly, is also acceptable for
compliance with the requirements of paragraph (g) of this AD if done
before the effective date of this AD in accordance with the
Accomplishment Instructions of Boeing Service Bulletin DC10-28-262,
dated January 6, 2010.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, Los Angeles Aircraft Certification Office,
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<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 June 29, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-16515 Filed 7-6-10; 8:45 am]
BILLING CODE 4910-13-P