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Federal Register / Vol. 72, No.

35 / Thursday, February 22, 2007 / Proposed Rules 7939

Revise Airworthiness Limitations Section DEPARTMENT OF TRANSPORTATION Propulsion Branch, ANM–140L, FAA,
(ALS) To Incorporate Fuel Maintenance and Los Angeles Aircraft Certification
Inspection Tasks Federal Aviation Administration Office, 3960 Paramount Boulevard,
(f) Within 3 months after the effective date Lakewood, California 90712–4137;
of this AD, revise the ALS of the Instructions 14 CFR Part 39 telephone (562) 627–5262; fax (562)
for Continued Airworthiness to incorporate [Docket No. FAA–2007–27302; Directorate 627–5210.
Airbus A318/A319/A320/A321 ALS Part 5— Identifier 2006–NM–273–AD] SUPPLEMENTARY INFORMATION:
Fuel Airworthiness Limitations, dated
February 28, 2006, as defined in Airbus RIN 2120–AA64 Comments Invited
A318/A319/A320/A321 Fuel Airworthiness We invite you to submit any relevant
Limitations, Document 95A.1931/05, Issue 1,
Airworthiness Directives; McDonnell written data, views, or arguments
dated December 19, 2005 (approved by the
Douglas DC–10–30 and DC–10–30F regarding this proposed AD. Send your
European Aviation Safety Agency (EASA) on
(KC–10A and KDC–10) Airplanes comments to an address listed in the
March 14, 2006), Section 1, ‘‘Maintenance/ AGENCY: Federal Aviation ADDRESSES section. Include the docket
Inspection Tasks.’’ For all tasks identified in Administration (FAA), Department of number ‘‘FAA–2007–27302; Directorate
Section 1 of Document 95A.1931/05, the Transportation (DOT). Identifier 2006–NM–273–AD’’ at the
initial compliance times start from the ACTION: Notice of proposed rulemaking
beginning of your comments. We
effective date of this AD and must be
(NPRM). specifically invite comments on the
accomplished within the repetitive interval overall regulatory, economic,
specified in Section 1 of Document SUMMARY: The FAA proposes to adopt a environmental, and energy aspects of
95A.1931/05. new airworthiness directive (AD) for the proposed AD. We will consider all
certain McDonnell Douglas DC–10–30 comments received by the closing date
Revise ALS To Incorporate CDCCLs
and DC–10–30F (KC–10A and KDC–10) and may amend the proposed AD in
(g) Within 12 months after the effective light of those comments.
airplanes. This proposed AD would
date of this AD, revise the ALS of the We will post all comments we
require installing Teflon sleeving
Instructions for Continued Airworthiness to receive, without change, to http://
around the fuel pump wire harness
incorporate Airbus A318/A319/A320/A321 dms.dot.gov, including any personal
inside the conduit in the aft
ALS Part 5—Fuel Airworthiness Limitations, information you provide. We will also
supplemental fuel tank. This proposed
dated February 28, 2006, as defined in Airbus post a report summarizing each
AD results from fuel system reviews
A318/A319/A320/A321 Fuel Airworthiness substantive verbal contact with FAA
conducted by the manufacturer. We are
Limitations, Document 95A.1931/05, Issue 1, personnel concerning this proposed AD.
dated December 19, 2005 (approved by the
proposing this AD to prevent the
potential of ignition sources inside fuel Using the search function of that Web
EASA on March 14, 2006), Section 2, site, anyone can find and read the
‘‘Critical Design Configuration Control tanks, which, in combination with
flammable fuel vapors, could result in comments in any of our dockets,
Limitations.’’ including the name of the individual
fuel tank explosions and consequent
No Alternative Inspections, Inspection loss of the airplane. who sent the comment (or signed the
Intervals, or CDCCLs comment on behalf of an association,
DATES: We must receive comments on
(h) Except as provided by paragraph (i) of business, labor union, etc.). You may
this proposed AD by April 9, 2007.
this AD: After accomplishing the actions review DOT’s complete Privacy Act
ADDRESSES: Use one of the following
specified in paragraphs (f) and (g) of this AD, Statement in the Federal Register
addresses to submit comments on this published on April 11, 2000 (65 FR
no alternative inspections, inspection proposed AD.
intervals, or CDCCLs may be used. 19477–78), or you may visit http://
• DOT Docket Web site: Go to dms.dot.gov.
Alternative Methods of Compliance http://dms.dot.gov and follow the
(AMOCs) instructions for sending your comments Examining the Docket
(i)(1) The Manager, International Branch,
electronically. You may examine the AD docket on
ANM–116, Transport Airplane Directorate,
• Government-wide rulemaking Web the Internet at http://dms.dot.gov, or in
FAA, has the authority to approve AMOCs site: Go to http://www.regulations.gov person at the Docket Management
for this AD, if requested in accordance with and follow the instructions for sending Facility office between 9 a.m. and
the procedures found in 14 CFR 39.19. your comments electronically. 5 p.m., Monday through Friday, except
(2) Before using any AMOC approved in • Mail: Docket Management Facility, Federal holidays. The Docket
accordance with § 39.19 on any airplane to U.S. Department of Transportation, 400 Management Facility office (telephone
which the AMOC applies, notify the Seventh Street SW., Nassif Building, (800) 647–5227) is located on the plaza
appropriate principal inspector in the FAA room PL–401, Washington, DC 20590. level of the Nassif Building at the DOT
Flight Standards Certificate Holding District • Fax: (202) 493–2251. street address stated in the ADDRESSES
Office. • Hand Delivery: Room PL–401 on section. Comments will be available in
the plaza level of the Nassif Building, the AD docket shortly after the Docket
Related Information 400 Seventh Street, SW., Washington, Management System receives them.
(j) EASA airworthiness directive 2006– DC, between 9 a.m. and 5 p.m., Monday
0203, dated July 11, 2006, also addresses the through Friday, except Federal holidays. Discussion
subject of this AD. Contact Boeing Commercial The FAA has examined the
Airplanes, Long Beach Division, 3855 underlying safety issues involved in fuel
Issued in Renton, Washington, on
February 7, 2007.
Lakewood Boulevard, Long Beach, tank explosions on several large
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California 90846, Attention: Data and transport airplanes, including the


Ali Bahrami, Service Management, Dept. C1–L5A adequacy of existing regulations, the
Manager, Transport Airplane Directorate, (D800–0024), for the service information service history of airplanes subject to
Aircraft Certification Service. identified in this proposed AD. those regulations, and existing
[FR Doc. E7–2977 Filed 2–21–07; 8:45 am] FOR FURTHER INFORMATION CONTACT: maintenance practices for fuel tank
BILLING CODE 4910–13–P Samuel Lee, Aerospace Engineer, systems. As a result of those findings,

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7940 Federal Register / Vol. 72, No. 35 / Thursday, February 22, 2007 / Proposed Rules

we issued a regulation titled ‘‘Transport of ignition sources inside fuel tanks, This proposed AD would affect about 5
Airplane Fuel Tank System Design which, in combination with flammable airplanes of U.S. registry. The proposed
Review, Flammability Reduction and fuel vapors, could result in fuel tank actions would take about 2 work hours
Maintenance and Inspection explosions and consequent loss of the per airplane, at an average labor rate of
Requirements’’ (66 FR 23086, May 7, airplane. $80 per work hour. The cost of required
2001). In addition to new airworthiness parts is negligible. Based on these
Relevant Service Information
standards for transport airplanes and figures, the estimated cost of the
new maintenance requirements, this We have reviewed McDonnell proposed AD for U.S. operators is $800,
rule included Special Federal Aviation Douglas DC–10 Service Bulletin 24–128, or $160 per airplane.
Regulation No. 88 (‘‘SFAR 88,’’ dated January 19, 1984. The service
Amendment 21–78, and subsequent bulletin describes procedures for Authority for This Rulemaking
Amendments 21–82 and 21–83). installing Teflon sleeving around the Title 49 of the United States Code
Among other actions, SFAR 88 fuel pump wire harness inside the specifies the FAA’s authority to issue
requires certain type design (i.e., type conduit in the aft supplemental fuel rules on aviation safety. Subtitle I,
certificate (TC) and supplemental type tank. Accomplishing the actions Section 106, describes the authority of
certificate (STC)) holders to substantiate specified in the service information is the FAA Administrator. Subtitle VII,
that their fuel tank systems can prevent intended to adequately address the Aviation Programs, describes in more
ignition sources in the fuel tanks. This unsafe condition. detail the scope of the Agency’s
requirement applies to type design authority.
FAA’s Determination and Requirements
holders for large turbine-powered We are issuing this rulemaking under
of the Proposed AD
transport airplanes and for subsequent the authority described in Subtitle VII,
modifications to those airplanes. It We have evaluated all pertinent Part A, Subpart III, Section 44701,
requires them to perform design reviews information and identified an unsafe ‘‘General requirements.’’ Under that
and to develop design changes and condition that is likely to exist or section, Congress charges the FAA with
maintenance procedures if their designs develop on other airplanes of this same promoting safe flight of civil aircraft in
do not meet the new fuel tank safety type design. For this reason, we are air commerce by prescribing regulations
standards. As explained in the preamble proposing this proposed AD, which for practices, methods, and procedures
to the rule, we intended to adopt would require accomplishing the the Administrator finds necessary for
airworthiness directives to mandate any actions specified in the service safety in air commerce. This regulation
changes found necessary to address information described previously, is within the scope of that authority
unsafe conditions identified as a result except as discussed under ‘‘Difference because it addresses an unsafe condition
of these reviews. In evaluating these Between the Proposed AD and Service that is likely to exist or develop on
design reviews, we have established Bulletin.’’ products identified in this rulemaking
four criteria intended to define the action.
Difference Between the Proposed AD
unsafe conditions associated with fuel
and Service Bulletin Regulatory Findings
tank systems that require corrective
actions. The percentage of operating The service bulletin recommends
accomplishing the modification within We have determined that this
time during which fuel tanks are proposed AD would not have federalism
exposed to flammable conditions is one 34,000 flight hours after installing the
supplemental fuel tank. When the implications under Executive Order
of these criteria. The other three criteria 13132. This proposed AD would not
address the failure types under service bulletin was issued in 1984, we
did not have a safety concern that have a substantial direct effect on the
evaluation: Single failures, single
warranted AD action. However, the States, on the relationship between the
failures in combination with a latent
service bulletin was re-evaluated as part national Government and the States, or
condition(s), and in-service failure
of the SFAR 88 review activity. We on the distribution of power and
experience. For all four criteria, the
determined that AD action is warranted. responsibilities among the various
evaluations included consideration of
From that review, we also determined levels of government.
previous actions taken that may mitigate
the need for further action. that the recommended compliance time For the reasons discussed above, I
We have determined that the actions should be re-examined. Boeing certify that the proposed regulation:
identified in this proposed AD are subsequently recommended a 60-month 1. Is not a ‘‘significant regulatory
necessary to reduce the potential of compliance time, which is consistent action’’ under Executive Order 12866;
ignition sources inside fuel tanks, with the compliance time recommended 2. Is not a ‘‘significant rule’’ under the
which, in combination with flammable in similar Boeing service bulletins. In DOT Regulatory Policies and Procedures
fuel vapors, could result in fuel tank developing an appropriate compliance (44 FR 11034, February 26, 1979); and
explosions and consequent loss of the time for this AD, we considered the 3. Will not have a significant
airplane. typical utilization of the affected economic impact, positive or negative,
We have received a report indicating airplanes, the degree of urgency on a substantial number of small entities
that fuel leaked from the No. 1 main fuel associated with the subject unsafe under the criteria of the Regulatory
tank boost pump electrical conduit into condition, and the time necessary to Flexibility Act.
the fuel shroud drain system, on a perform the modification (2 hours). In We prepared a regulatory evaluation
Model DC–10–30 airplane. The airplane light of all of these factors, we find that of the estimated costs to comply with
had accumulated about 25,000 total a 60-month compliance time represents this proposed AD and placed it in the
flight hours. Investigation revealed that an appropriate interval of time for AD docket. See the ADDRESSES section
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electrical arcing between chafed wiring affected airplanes to continue to operate for a location to examine the regulatory
and the inside of the conduit wall without compromising safety. evaluation.
caused a hole in the conduit. Fuel then
leaked into the conduit through the hole Costs of Compliance List of Subjects in 14 CFR Part 39
from the fuel tank. This condition, if not There are about 5 airplanes of the Air transportation, Aircraft, Aviation
prevented, could result in the potential affected design in the worldwide fleet. safety, Safety.

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Federal Register / Vol. 72, No. 35 / Thursday, February 22, 2007 / Proposed Rules 7941

The Proposed Amendment Issued in Renton, Washington, on • Agency Web site: http://
February 13, 2007. www.fda.gov/dockets/ecomments.
Accordingly, under the authority
Ali Bahrami, Follow the instructions for submitting
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part Manager, Transport Airplane Directorate, comments on the agency Web site.
Aircraft Certification Service.
39 as follows: Written Submissions
[FR Doc. E7–2975 Filed 2–21–07; 8:45 am]
PART 39—AIRWORTHINESS BILLING CODE 4910–13–P Submit written submissions in the
DIRECTIVES following ways:
• FAX: 301–827–6870.
1. The authority citation for part 39 • Mail/Hand delivery/Courier [For
continues to read as follows: DEPARTMENT OF HEALTH AND paper, disk, or CD–ROM submissions]:
HUMAN SERVICES Division of Dockets Management (HFA–
Authority: 49 U.S.C. 106(g), 40113, 44701.
305), Food and Drug Administration,
§ 39.13 [Amended] Food and Drug Administration 5630 Fishers Lane, rm. 1061, Rockville,
2. The Federal Aviation MD 20852.
Administration (FAA) amends § 39.13 21 CFR Part 352 To ensure more timely processing of
by adding the following new [Docket No. 2006N–0479] comments, FDA is no longer accepting
airworthiness directive (AD): comments submitted to the agency by e-
McDonnell Douglas: Docket No. FAA–2007– RIN 0910–AF43 mail. FDA encourages you to continue
27302; Directorate Identifier 2006–NM– to submit electronic comments by using
273–AD. Insect Repellent-Sunscreen Drug the Federal eRulemaking Portal or the
Products for Over-the-Counter Human agency Web site, as described in the
Comments Due Date Use; Request for Information and Electronic Submissions portion of this
(a) The FAA must receive comments on Comments paragraph.
this AD action by April 9, 2007. Instructions: All submissions received
AGENCY: Food and Drug Administration,
Affected ADs must include the agency name and
HHS.
(b) None. Docket No. and Regulatory Information
ACTION:Request for data and Number (RIN) for this rulemaking. All
Applicability information. comments received will be posted
(c) This AD applies to McDonnell Douglas without change to http://www.fda.gov/
Model DC–10–30 and DC–10–30F (KC–10A SUMMARY: The Food and Drug
Administration (FDA) is seeking ohrms/dockets/default.htm, including
and KDC–10) airplanes, certificated in any any personal information provided. For
category; as identified McDonnell Douglas information to formulate a regulatory
DC–10 Service Bulletin 24–128, dated position on insect repellent products additional information on submitting
January 19, 1984. that contain over-the-counter (OTC) comments, see the ‘‘Comments’’ heading
sunscreen ingredients. FDA is of the SUPPLEMENTARY INFORMATION
Unsafe Condition section of this document.
considering amending its monograph for
(d) This AD results from fuel system Docket: For access to the docket to
reviews conducted by the manufacturer. We OTC sunscreen drug products (the
read background documents or
are issuing this AD to prevent the potential regulation that establishes conditions
comments received, go to http://
of ignition sources inside fuel tanks, which, under which these drug products are
www.fda.gov/ohrms/dockets/
in combination with flammable fuel vapors, generally recognized as safe and
could result in fuel tank explosions and default.htm and insert the docket
effective and not misbranded) to add
consequent loss of the airplane. number, found in brackets in the
conditions for marketing insect
heading of this document, into the
Compliance repellent-sunscreen drug products. The
‘‘Search’’ box and follow the prompts
(e) You are responsible for having the insect repellent ingredients in these
and/or go to the Division of Dockets
actions required by this AD performed within products are regulated by the
Management, 5630 Fishers Lane, rm.
the compliance times specified, unless the Environmental Protection Agency
1061, Rockville, MD 20852.
actions have already been done. (EPA). Elsewhere in this issue of the
Federal Register is a companion FOR FURTHER INFORMATION CONTACT:
Modification Matthew R. Holman, Center for Drug
document in which EPA is also
(f) Within 60 months after the effective requesting information and comments Evaluation and Research, Food and
date of this AD, install Teflon sleeving Drug Administration, 10903 New
around the fuel pump wire harness inside the
on these products. The decision on what
regulations, if any, to propose will be Hampshire Ave., Bldg. 22, MS 5411,
conduit in the aft supplemental fuel tank, in Silver Spring, MD 20993, 301–796–
accordance with the Accomplishment based, in part, on information and
Instructions of McDonnell Douglas DC–10 comments submitted in response to this 2090.
Service Bulletin 24–128, dated January 19, request for data and information. SUPPLEMENTARY INFORMATION:
1984. DATES: Submit written or electronic I. Background
Alternative Methods of Compliance comments by May 23, 2007.
(AMOCs) ADDRESSES: You may submit comments,
A. Description of Insect Repellent-
(g)(1) The Manager, Los Angeles Aircraft identified by Docket No. 2006N–0479 or Sunscreen Drug Products
Certification Office, FAA, has the authority to RIN 0910–AF43, by any of the following FDA and EPA are seeking information
approve AMOCs for this AD, if requested in methods: to formulate a regulatory position for
accordance with the procedures found in 14 combination insect repellent-sunscreen
CFR 39.19. Electronic Submissions
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drug products for use on human skin.


(2) Before using any AMOC approved in
accordance with § 39.19 on any airplane to Submit electronic comments in the Because sunscreen drug products are
which the AMOC applies, notify the following ways: regulated by FDA and the insect
appropriate principal inspector in the FAA • Federal eRulemaking Portal: http:// repellent components of these products
Flight Standards Certificate Holding District www.regulations.gov. Follow the are separately regulated by EPA, both
Office. instructions for submitting comments. agencies are seeking comments to

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