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51994 Federal Register / Vol. 72, No.

176 / Wednesday, September 12, 2007 / Rules and Regulations

Novel or Unusual Design Features certification basis for the Malibu Power the fuel tank and the fuel transfer pump
The Malibu Power & Propeller Int’l, & Propeller Int’l, LLC modified Piper housing flange. Inadequate bonding
LLC modified Piper Models PA–46– Model PA–46–310P and PA–46–350P could result in a potential ignition
310P and PA–46–350P will incorporate airplanes. source inside the fuel tank if the fuel
the following novel or unusual design The installation of the electronic transfer pump and structure interface
features: The Malibu Power & Propeller engine control system must comply are not submerged in fuel, which, in
Int’l, LLC modified Piper Models PA– with the requirements of § 23.1309(a) combination with flammable fuel
46–310P and PA–46–350P will through (e) at Amendment 23–49. The vapors, could result in a fuel tank
incorporate a digital electronic engine intent of this requirement is not to explosion and consequent loss of the
control system. reevaluate the inherent hardware airplane.
reliability of the control itself, but rather DATES: This AD becomes effective
Applicability determine the effects, including October 17, 2007.
Special conditions are initially environmental effects addressed in The Director of the Federal Register
applicable to the model for which they § 23.1309(e), on the airplane systems approved the incorporation by reference
are issued. Should the applicant apply and engine control system when of certain publications listed in the AD
for a supplemental type certificate to installing the control on the airplane. as of October 17, 2007.
modify any other model included on the When appropriate, engine certification ADDRESSES: You may examine the AD
same type certificate to incorporate the data may be used when showing docket on the Internet at http://
same novel or unusual design feature, compliance with this requirement; dms.dot.gov or in person at the U.S.
the special conditions would also apply however, the effects of the installation Department of Transportation, Docket
to the other model under the provisions on this data must be addressed. Operations, M–30, West Building
of § 21.101(a)(1). Issued in Kansas City, Missouri on Ground Floor, Room W12–140, 1200
Conclusion September 5, 2007. New Jersey Avenue, SE., Washington,
Kim Smith, DC.
This action affects only certain novel Contact Boeing Commercial
Manager, Small Airplane Directorate, Aircraft
or unusual design features on one model Airplanes, Long Beach Division, 3855
Certification Service.
of airplane. It is not a rule of general Lakewood Boulevard, Long Beach,
[FR Doc. E7–18013 Filed 9–11–07; 8:45 am]
applicability and affects only the California 90846, Attention: Data and
BILLING CODE 4910–13–P
applicant who applied to the FAA for Service Management, Dept. C1–L5A
approval of these features on the (D800–0024), for service information
airplane. identified in this AD.
The substance of these special DEPARTMENT OF TRANSPORTATION
conditions has been subjected to the FOR FURTHER INFORMATION CONTACT: Serj
Federal Aviation Administration Harutunian, Aerospace Engineer,
notice and comment period in several
prior instances and has been derived Propulsion Branch, ANM–140L, FAA,
14 CFR Part 39 Los Angeles Aircraft Certification
without substantive change from those
previously issued. It is unlikely that [Docket No. FAA–2007–28351; Directorate Office, 3960 Paramount Boulevard,
prior public comment would result in a Identifier 2007–NM–074–AD; Amendment Lakewood, California 90712–4137;
significant change from the substance 39–15192; AD 2007–19–02] telephone (562) 627–5254; fax (562)
contained herein. Therefore, because a 627–5210.
RIN 2120–AA64
delay would significantly affect the SUPPLEMENTARY INFORMATION:
certification of the airplane, which is Airworthiness Directives; McDonnell Examining the Docket
imminent, the FAA has determined that Douglas Model MD–11, MD–11F, DC–
prior public notice and comment are 10–30 and DC–10–30F (KC–10A and You may examine the AD docket on
unnecessary and impracticable, and KDC–10), DC–10–40, DC–10–40F, and the Internet at http://dms.dot.gov or in
good cause exists for adopting these MD–10–30F Airplanes person at the Docket Operations office
special conditions upon issuance. The between 9 a.m. and 5 p.m., Monday
AGENCY: Federal Aviation through Friday, except Federal holidays.
FAA is requesting comments to allow
Administration (FAA), Department of The Docket Operations office (telephone
interested persons to submit views that
Transportation (DOT). (800) 647–5527) is located on the
may not have been submitted in
response to the prior opportunities for ACTION: Final rule. ground floor of the West Building at the
comment described above. DOT street address stated in the
SUMMARY: The FAA is adopting a new ADDRESSES section.
List of Subjects in 14 CFR Part 23 airworthiness directive (AD) for certain
McDonnell Douglas Model MD–11, MD– Discussion
Aircraft, Aviation safety, Signs and
symbols. 11F, DC–10–30 and DC–10–30F (KC– The FAA issued a notice of proposed
10A and KDC–10), DC–10–40, DC–10– rulemaking (NPRM) to amend 14 CFR
Citation 40F, and MD–10–30F airplanes. This part 39 to include an AD that would
The authority citation for these AD requires measuring the electrical apply to certain McDonnell Douglas
special conditions is as follows: resistance of the bond between the No. Model MD–11, MD–11F, DC–10–30 and
Authority: 49 U.S.C. 106(g), 40113 and
2 fuel transfer pump adapter surface of DC–10–30F (KC–10A and KDC–10), DC–
44701; 14 CFR 21.16 and 21.101; and 14 CFR the fuel tank and the fuel transfer pump 10–40, DC–10–40F, and MD–10–30F
11.38 and 11.19. housing flange, and performing airplanes. That NPRM was published in
corrective and other specified actions as the Federal Register on June 5, 2007 (72
The Special Conditions applicable. This AD results from a FR 31003). That NPRM proposed to
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Accordingly, pursuant to the design review of the fuel tank systems. require measuring the electrical
authority delegated to me by the We are issuing this AD to prevent resistance of the bond between the No.
Administrator, the following special inadequate bonding between the No. 2 2 fuel transfer pump adapter surface of
conditions are issued as part of the type fuel transfer pump adapter surface of the fuel tank and the fuel transfer pump

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Federal Register / Vol. 72, No. 176 / Wednesday, September 12, 2007 / Rules and Regulations 51995

housing flange, and performing (2) Is not a ‘‘significant rule’’ under Compliance
corrective and other specified actions as DOT Regulatory Policies and Procedures (e) You are responsible for having the
applicable. (44 FR 11034, February 26, 1979); and actions required by this AD performed within
(3) Will not have a significant the compliance times specified, unless the
Comments actions have already been done.
economic impact, positive or negative,
We provided the public the on a substantial number of small entities Measure Electrical Resistance/Corrective &
opportunity to participate in the under the criteria of the Regulatory Other Specified Actions
development of this AD. We received no Flexibility Act. (f) Within 60 months after the effective
comments on the NPRM or on the We prepared a regulatory evaluation date of this AD: Measure the electrical
determination of the cost to the public. of the estimated costs to comply with resistance of the bond between the No. 2 fuel
this AD and placed it in the AD docket. transfer pump adapter surface of the fuel tank
Conclusion and the fuel transfer pump housing flange in
See the ADDRESSES section for a location
We have carefully reviewed the accordance with the Accomplishment
to examine the regulatory evaluation. Instructions of Boeing Service Bulletin
available data and determined that air
List of Subjects in 14 CFR Part 39 DC10–28–250 or MD11–28–129, both dated
safety and the public interest require July 26, 2006, as applicable.
adopting the AD as proposed. Air transportation, Aircraft, Aviation (1) If the resistance measurement is 2.5
Costs of Compliance safety, Incorporation by reference, milliohms or less: No further action is
Safety. required by this paragraph.
There are about 573 airplanes of the (2) If the resistance measurement is more
affected design in the worldwide fleet. Adoption of the Amendment than 2.5 milliohms: Before further flight,
This AD affects about 399 airplanes of electrically bond the fuel tank No. 2 fuel
■ Accordingly, under the authority transfer pump housing surfaces in
U.S. registry. The required measurement delegated to me by the Administrator, accordance with the service bulletin.
takes about 1 work hour per airplane, at the FAA amends 14 CFR part 39 as (3) Before further flight thereafter, do an
an average labor rate of $80 per work follows: electrical resistance bonding test to verify the
hour. Based on these figures, the electrical resistance between the fuel transfer
estimated cost of this AD for U.S. PART 39—AIRWORTHINESS pump housing and the structure is 2.5
operators is $31,920, or $80 per DIRECTIVES milliohms maximum. If that electrical
airplane. resistance is not achieved, rework the
1. The authority citation for part 39 electrical bond until the electrical resistance
Authority for This Rulemaking continues to read as follows: is achieved. Do the actions in accordance
Title 49 of the United States Code with the service bulletin.
Authority: 49 U.S.C. 106(g), 40113, 44701.
specifies the FAA’s authority to issue Alternative Methods of Compliance
rules on aviation safety. Subtitle I, § 39.13 [Amended] (AMOCs)
Section 106, describes the authority of (g)(1) The Manager, Los Angeles Aircraft
the FAA Administrator. Subtitle VII, ■ 2. The Federal Aviation Certification Office, FAA, has the authority to
Aviation Programs, describes in more Administration (FAA) amends § 39.13 approve AMOCs for this AD, if requested in
detail the scope of the Agency’s by adding the following new accordance with the procedures found in 14
authority. airworthiness directive (AD): CFR 39.19.
2007–19–02 McDonnell Douglas: (2) To request a different method of
We are issuing this rulemaking under
Amendment 39–15192. Docket No. compliance or a different compliance time
the authority described in Subtitle VII, for this AD, follow the procedures in 14 CFR
Part A, Subpart III, Section 44701, FAA–2007–28351; Directorate Identifier
2007–NM–074–AD. 39.19. Before using any approved AMOC on
‘‘General requirements.’’ Under that any airplane to which the AMOC applies,
section, Congress charges the FAA with Effective Date notify your appropriate principal inspector
promoting safe flight of civil aircraft in (a) This AD becomes effective October 17, (PI) in the FAA Flight Standards District
air commerce by prescribing regulations 2007. Office (FSDO), or lacking a PI, your local
for practices, methods, and procedures FSDO.
Affected ADs
the Administrator finds necessary for Material Incorporated by Reference
safety in air commerce. This regulation (b) None.
(h) You must use Boeing Service Bulletin
is within the scope of that authority Applicability DC10–28–250, dated July 26, 2006; or Boeing
because it addresses an unsafe condition (c) This AD applies to McDonnell Douglas Service Bulletin MD11–28–129, dated July
that is likely to exist or develop on Model MD–11, MD–11F, DC–10–30 and DC– 26, 2006; as applicable, to perform the
products identified in this rulemaking 10–30F (KC–10A and KDC–10), DC–10–40, actions that are required by this AD, unless
action. DC–10–40F, and MD–10–30F airplanes, the AD specifies otherwise. The Director of
certificated in any category; as identified in the Federal Register approved the
Regulatory Findings Boeing Service Bulletins DC10–28–250 and incorporation by reference of these
MD11–28–129, both dated July 26, 2006. documents in accordance with 5 U.S.C.
We have determined that this AD will
552(a) and 1 CFR part 51. Contact Boeing
not have federalism implications under Unsafe Condition Commercial Airplanes, Long Beach Division,
Executive Order 13132. This AD will (d) This AD results from a design review 3855 Lakewood Boulevard, Long Beach,
not have a substantial direct effect on of the fuel tank systems. We are issuing this California 90846, Attention: Data and Service
the States, on the relationship between AD to prevent inadequate bonding between Management, Dept. C1–L5A (D800–0024), for
the national government and the States, the No. 2 fuel transfer pump adapter surface a copy of this service information. You may
or on the distribution of power and of the fuel tank and the fuel transfer pump review copies at the FAA, Transport Airplane
responsibilities among the various housing flange. Inadequate bonding could Directorate, 1601 Lind Avenue, SW., Renton,
levels of government. result in a potential ignition source inside the Washington; or at the National Archives and
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fuel tank if the fuel transfer pump and Records Administration (NARA). For
For the reasons discussed above, I structure interface are not submerged in fuel, information on the availability of this
certify that this AD: which, in combination with flammable fuel material at NARA, call 202–741–6030, or go
(1) Is not a ‘‘significant regulatory vapors, could result in a fuel tank explosion to: http://www.archives.gov/federal-register/
action’’ under Executive Order 12866; and consequent loss of the airplane. cfr/ibr-locations.html.

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51996 Federal Register / Vol. 72, No. 176 / Wednesday, September 12, 2007 / Rules and Regulations

Issued in Renton, Washington, on August part 39 to include an AD that would detail the scope of the Agency’s
31, 2007. apply to the specified products. That authority.
Stephen P. Boyd, NPRM was published in the Federal We are issuing this rulemaking under
Acting Manager, Transport Airplane Register on July 9, 2007 (72 FR 37124). the authority described in ‘‘Subtitle VII,
Directorate, Aircraft Certification Service. That NPRM proposed to correct an Part A, Subpart III, Section 44701:
[FR Doc. E7–17829 Filed 9–11–07; 8:45 am] unsafe condition for the specified General requirements.’’ Under that
BILLING CODE 4910–13–P products. The MCAI states: section, Congress charges the FAA with
To prevent the cockpit door windows promoting safe flight of civil aircraft in
separating from their frames, * * * The air commerce by prescribing regulations
DEPARTMENT OF TRANSPORTATION MCAI requires you to inspect the for practices, methods, and procedures
windscreen and cockpit door windows the Administrator finds necessary for
Federal Aviation Administration for signs of disbonding of the adhesive safety in air commerce. This regulation
between the transparency and the is within the scope of that authority
14 CFR Part 39 composite window frame. If disbonding because it addresses an unsafe condition
[Docket No. FAA–2007–27865 Directorate is evident, you must do the required that is likely to exist or develop on
Identifier 2007–CE–039–AD; Amendment modification. products identified in this rulemaking
39–15191; AD 2007–19–01] action.
Comments
RIN 2120–AA64
We gave the public the opportunity to Regulatory Findings
Airworthiness Directives; Pacific participate in developing this AD. We We determined that this AD will not
Aerospace Corporation, Ltd. Model received no comments on the NPRM or have federalism implications under
750XL Airplanes on the determination of the cost to the Executive Order 13132. This AD will
public. not have a substantial direct effect on
AGENCY: Federal Aviation the States, on the relationship between
Administration (FAA), Department of Conclusion
the national government and the States,
Transportation (DOT). We reviewed the available data and or on the distribution of power and
ACTION: Final rule. determined that air safety and the responsibilities among the various
public interest require adopting the AD levels of government.
SUMMARY: We are adopting a new as proposed. For the reasons discussed above, I
airworthiness directive (AD) for the certify this AD:
products listed above. This AD results Differences Between This AD and the
(1) Is not a ‘‘significant regulatory
from mandatory continuing MCAI or Service Information
action’’ under Executive Order 12866;
airworthiness information (MCAI) We have reviewed the MCAI and (2) Is not a ‘‘significant rule’’ under
issued by an aviation authority of related service information and, in DOT Regulatory Policies and Procedures
another country to identify and correct general, agree with their substance. But (44 FR 11034, February 26, 1979); and
an unsafe condition on an aviation we might have found it necessary to use (3) Will not have a significant
product. The MCAI describes the unsafe different words from those in the MCAI economic impact, positive or negative,
condition as: to ensure the AD is clear for U.S. on a substantial number of small entities
To prevent the cockpit door windows operators and is enforceable. In making under the criteria of the Regulatory
separating from their frames, * * * We these changes, we do not intend to differ Flexibility Act.
are issuing this AD to require actions to substantively from the information We prepared a regulatory evaluation
correct the unsafe condition on these provided in the MCAI and related of the estimated costs to comply with
products. service information. this AD and placed it in the AD Docket.
DATES: This AD becomes effective We might also have required different
Examining the AD Docket
October 17, 2007. actions in this AD from those in the
MCAI in order to follow FAA policies. You may examine the AD docket on
On October 17, 2007, the Director of
Any such differences are highlighted in the Internet at http://dms.dot.gov; or in
the Federal Register approved the
a NOTE within the AD. person at the Docket Management
incorporation by reference of certain
Facility between 9 a.m. and 5 p.m.,
publications listed in this AD. Costs of Compliance Monday through Friday, except Federal
ADDRESSES: You may examine the AD We estimate that this AD will affect 7 holidays. The AD docket contains the
docket on the Internet at http:// products of U.S. registry. We also NPRM, the regulatory evaluation, any
dms.dot.gov or in person at Document estimate that it will take about 40 work- comments received, and other
Management Facility, U.S. Department hours per product to comply with basic information. The street address for the
of Transportation, Docket Operations, requirements of this AD. The average Docket Office (telephone (800) 647–
M–30, West Building Ground Floor, labor rate is $80 per work-hour. 5527) is in the ADDRESSES section.
Room W12–140, 1200 New Jersey Required parts will cost about $50 per Comments will be available in the AD
Avenue, SE., Washington, DC 20590. product. docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Karl Based on these figures, we estimate
Schletzbaum, Aerospace Engineer, FAA, List of Subjects in 14 CFR Part 39
the cost of this AD to the U.S. operators
Small Airplane Directorate, 901 Locust, to be $22,750 or $3,250 per product. Air transportation, Aircraft, Aviation
Room 301, Kansas City, Missouri 64106; safety, Incorporation by reference,
telephone: (816) 329–4146; fax: (816) Authority for This Rulemaking Safety.
329–4090. Title 49 of the United States Code
Adoption of the Amendment
specifies the FAA’s authority to issue
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SUPPLEMENTARY INFORMATION:
rules on aviation safety. Subtitle I, ■ Accordingly, under the authority
Discussion section 106, describes the authority of delegated to me by the Administrator,
We issued a notice of proposed the FAA Administrator. ‘‘Subtitle VII: the FAA amends 14 CFR part 39 as
rulemaking (NPRM) to amend 14 CFR Aviation Programs,’’ describes in more follows:

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